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HMO LICENSING AND PLANNING IN CROYDON - EVERYTHING YOU NEED TO KNOW
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On the 28th January 2020, Croydon Council introduced an Article 4 Direction to protect family homes (houses and flats) by requiring planning permission to convert these properties into small Houses of Multiple Occupation (HMOs).
The Article 4 Direction applies to the whole borough of Croydon. This means that any HMO (that was not already in existence prior to 28th January 2020) will require planning permission from the Council, through the normal planning channels.
If Planning can be obtained by the Council, then licensing would still need to be obtained. There are currently 2 Types of HMO Licensing schemes in operation within the UK:
Mandatory Licensing - This now applies to all HMOs with 5 persons or more - regardless of how many storeys the property has. This is applicable across the UK
and
Additional Licensing - For HMOs of any size. This is only applicable only in Certain Areas of the UK that have chosen to take up the scheme.
CROYDON COUNCIL OPERATES AN ADDITIONAL LICENSING SCHEME ACROSS THE BOROUGH, meaning that an HMO of any size in Croydon will require a License.
**UPDATE** - Additional HMO Licensing in Croydon has lapsed - meaning that any new HMO (or current HMO without a License) that does not meet the criteria for Mandatory Licensing, would not currently require any type of Licence.
It is not currently known if or when Croydon Council will reinstate the Additional Licensing scheme.
FAQ:
What criteria needs to be met in order to obtain and keep an HMO License from Croydon council?
HMO Properties in Croydon fall under the definition of "Category A Houses" under the housing act 2004 - and have their own minimum space requirements. For a typical HMO with separate bedrooms for tenants that share facilities (kitchen and or bathroom) then a minimum of 10m² space is required per room for 1 person and 15m² for 2 sharing (not taking in to account kitchen or bathroom facilities that may be present in the room).
Aside from this, there are various other criteria for Natural Lighting, Artificial lighting, Ventilation (windows), Water Supplies, Washing facilities, cooking facilities, Heating, Waste disposal and Fire escapes.
These may sound complex and intimidating, but they are mostly common sense - the only specifics that are truly relevant are:
Fire Doors are installed on all rooms, including the kitchen
1 Bathroom / Shower room for every 5 sharers
1 Kitchen for every 5 sharers (Multiple sets of facilities such as oven, sinks, etc within 1 Kitchen space may be adequate for over 5 people)
Location of Kitchen should not be more than 1 floor away from any rooms occupied by the persons for whom they are provided (exceptions can be made where there is adequate dining space in the kitchen)
Electrical equiptment and furniture are kept in safe condition
Smoke Alarms are installed and in working Order
A Written Statement of the terms of the License is supplied to all tenants
Means for escape from Fire must be kept free from obstruction and maintained in Good repair
Water Supply and drainage are kept in good, clean working condition
The Manager's Name, Address and Contact telehone number should be made available to each occupant (usually on display in a communual area)
Will I need Planning Permission?
Yes, planning needs to be obtained first. The Planning department and HMO Licensing are 2 separate entities, so obtaining an HMO License does not imply that Planning has been granted. As with the case when altering any property, it is always best to check with Planning first. Planning costs can vary, dependent on the property.
How much will the HMO Licence cost?
The Fee, payable to the Council, is a flat fee of £250 per habitable room (including any separate lounge that could be used for habitation). The License lasts for 5 years.
Who obtains the License, the owner or the Manager of the HMO?
Either can Apply for and be given the License - but the key thing to remember is that a License can only relate to 1 HMO and cannot be transferred to another person. Therefore it is unwise for an owner to let the Manager (if they do not manage it themselves) obtain the License - this being the case then should the owner change management, they would have to apply for a new License.
How Long does it take to obtain a License?
The Council are under obligation to respond within 8 weeks. As long as requirements have been met, then it should likely be sooner that this.
Is there a Fine for not obtaining a License?
Yes. The maximum fine for failure to obtain an HMO License is now unlimited. However, the most extreme fines would generally apply if the The owner or manager of the HMO failed to obtain a License after multiple warnings to do so.
I currently run an HMO but I don't have a License - Will I get in to trouble with the Council?
No - as long as you act now! Croydon Council will not punish or fine anyone that applies for a License for an HMO that is already running - however it will need to already be HMO Compliant before you apply for a License. The key thing is to get to the Council before the Council get to you. We can advise on how to do this.
Can I ask the Council to visit my property to advise on what to do to make the Property HMO compliant?
The Council will visit the Property for an "Advisory Visit" if it is empty i.e. has no tenants in yet. The charge to the council for this has been reduced to £200, but is no longer deductable from the licence fee - Alternatively you can call HMO Go on 020 8654 3202 for a Free, no obligation advisory visit - and we will advise you on what you need to do before contacting the Council.
Find out more by calling HMO Go on 020 8654 3202 or emailing admin@hmogo.co.uk
Alternatively, Click here for details of Fees.
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