When does an HMO need a licence in England?

A mandatory licence is needed for 5 or more people in 2 or more households. Councils can also require licences for smaller HMOs through additional licensing schemes.

Do I need planning permission for an HMO in England?

For 3–6 sharers (C4), a change from a family house is usually permitted development unless an Article 4 direction applies. For 7 or more, planning permission is normally needed.

Is the LACORS fire guide the law?

No. It is guidance from 2008 that does not set prescriptive requirements, but many councils base their HMO fire standards on it, so it shapes what they expect.

HMO Rules in England 2026 | HMO Refurbishment

Q: What counts as an HMO in England?

Usually a home where 3 or more people who are not one household live as their main home and share a kitchen, bathroom or toilet, and at least one pays rent. Converted buildings and some blocks of flats can also be HMOs.

In short: In England a shared house for 5 or more people from 2 or more households needs a mandatory HMO licence, councils can license smaller HMOs, 3–6 sharers is planning use class C4, and licensed HMOs must meet national minimum bedroom sizes of 6.51 m² and 10.22 m².

What counts as an HMO in England?

Under the Housing Act 2004, a home is usually an HMO where 3 or more people who are not one household live as their only or main home, at least one pays rent, and they share a toilet, washing facilities or cooking facilities.
Converted buildings with non-self-contained units, and some converted blocks of flats that do not meet building standards (section 257 HMOs), are HMOs too.

When is a licence needed?

Mandatory licensing: 5 or more people in 2 or more households, since 1 October 2018. Children count towards the total.
Additional licensing: councils can designate areas where smaller HMOs need a licence too, for up to 5 years.
Selective licensing: councils can require licences for other private rented homes in designated areas.
Licences last up to 5 years and carry conditions on gas and electrical safety, smoke and CO alarms, room sizes and waste.

How big must bedrooms be?

6.51 m² for one person aged 10 or over; 10.22 m² for two; 4.64 m² for a child under 10. Rooms under 4.64 m² cannot be used for sleeping.
Floor under a ceiling lower than 1.5 m does not count. These apply to licensed HMOs; many councils set larger sizes, especially where there is no shared living room.

How many kitchens and bathrooms?

National rules require an adequate number of bathrooms, WCs and wash-hand basins, and suitably located kitchens with adequate sinks, cookers, storage and fridges.
The numbers are set by councils. Reading, for example, asks for a bathroom plus a separate WC at 5 people and two of each from 6 to 10, and one cooker per 3 people.

Do I need planning permission?

3–6 unrelated sharers is use class C4. Changing a family house (C3) to C4 is usually permitted development, unless the council has made an Article 4 direction removing that right.
7 or more is a sui generis large HMO and normally needs planning permission.
Planning, licensing and building regulations are separate decisions; one does not give the others.

What fire safety is required?

Smoke alarms on every storey with living accommodation, and CO alarms in rooms with a fixed combustion appliance other than a gas cooker (since 1 October 2022).
Fire is assessed as a hazard under the HHSRS. The LACORS guide (2008) is not law but is widely used: it treats shared houses on their merits and, for example, sees FD30 doors as ideal in three-storey shared houses.
The Fire Safety Order 2005 applies to common parts, and the risk assessment duty under it covers those parts.
Council fire guides vary: Luton’s, for example, expects a Grade A panel system in three-storey bedsit HMOs.

What about electrics and gas?

Electrical inspection and testing at least every 5 years; reports to tenants within 28 days; remedial work within 28 days, or sooner if the report says so.
BS 7671 calls for arc fault detection devices in HMOs on new socket circuits.
Annual gas safety check by a Gas Safe registered engineer; licensed HMOs send the certificate to the council.

Do building regulations apply?

Structural alterations, new partitions, ensuite drainage, fire-resisting construction and notifiable electrics all need to comply.
A conversion can be a material change of use, which brings in fire, ventilation, energy, electrical and sometimes sound requirements. Practice varies, so confirm with building control.

What has the Renters’ Rights Act changed?

From 1 May 2026, councils have stronger enforcement duties and civil penalties of up to £40,000 for offences (up to £7,000 for breaches).
Rent repayment orders can now reach 24 months’ rent and superior landlords.
From 22 June 2026, councils can fine up to £7,000 where a Category 1 hazard is not removed.
The private rented sector database is due to open from 15 December 2026, region by region, starting in the West Midlands.
Awaab’s Law for private renting in England is at consultation, not in force. The new Decent Homes Standard is due from 2035.

What energy standard applies?

At least EPC E now, with a £3,500 spending cap and registered exemptions.
The government has confirmed a policy of EPC C by 1 October 2030 with a £10,000 cap, subject to legislation.

Sources

Checked 31 October 2026. General information for landlords planning works, not legal advice.

HMO rules in England