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
- Housing (Scotland) Act 2006, section 125
- gov.uk: HMO licence in Scotland
- Scottish Government statutory guidance (2012)
- East Lothian HMO guidance notes
- Fire safety guidance for private rented properties
- Repairing Standard statutory guidance
- Awaab’s Law guidance (Scotland)
- Landlord Registration Scotland
Checked 31 October 2026. General information for landlords planning works, not legal advice.