HMORefurbishment

HMO rules

HMO rules in Scotland

In Scotland every HMO needs a council licence: 3 or more unrelated people from more than two families sharing amenities. Licences last up to 3 years, standards are set by each council, there is no C4 planning class, and landlords must be on the landlord register.

In short: In Scotland every HMO needs a council licence: 3 or more unrelated people from more than two families sharing amenities. Licences last up to 3 years, standards are set by each council, there is no C4 planning class, and landlords must be on the landlord register.

What counts as an HMO in Scotland?

  • Under the Housing (Scotland) Act 2006, accommodation occupied by 3 or more people who are not all members of the same family or of one of two families, as their only or main residence, sharing a toilet, washing facilities or cooking facilities.

When is a licence needed?

  • Every HMO needs a licence from the council. Licences last up to 3 years (or a shorter period of at least 6 months).
  • Councils apply the 2012 statutory guidance and set their own physical standards for space, amenities and fire safety.
  • Landlords must also be on the landlord register, renewed every 3 years.

What standards do councils set?

  • East Lothian’s 2026 guidance, as an example: one WC and wash-basin per 5 people and one bath or shower per 5; single rooms of 6.5 m² where there is a shared living room and kitchen, 10 m² without; and emergency lighting in HMOs of 2 or more storeys with more than 6 people.

Do I need planning permission?

  • There is no C4 class in Scotland. Class 9 (houses) covers up to 5 residents living together. Councils set their own HMO planning policies, and some require permission at lower numbers (East Lothian, for flats with 4 or more unrelated people).
  • A building warrant may be needed for a change of use or a new fire alarm system.

What safety rules apply?

  • The tolerable standard requires interlinked smoke alarms in the main living room and every circulation space, and a heat alarm in the kitchen, mains-powered or with sealed long-life batteries.
  • An EICR before the first let and at least every 5 years, with C1 and C2 items fixed, PAT testing of supplied appliances, and RCD protection.
  • An annual gas safety check by a Gas Safe registered engineer.

What about damp and mould?

  • Awaab’s Law applies to most private tenancies from 6 October 2026: investigate reports within 10 working days, give a written summary within 3 working days, and start repairs to substantial damp or mould within 5 working days.

Sources

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

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