Question 1

Is HMO licensing different in Scotland?

Accepted Answer

Yes. Scotland has a different HMO licensing regime under the Housing (Scotland) Act 2006. The main difference is that mandatory licensing applies to HMOs with 3 or more unrelated occupants (not 5+ as in England and Wales).

Question 2

When do I need an HMO licence in Scotland?

Accepted Answer

In Scotland, you need an HMO licence if your property is occupied by 3 or more people who are not all members of the same family (or one or two families). This is stricter than England and Wales where the threshold is 5+ people.

Question 3

Who grants HMO licences in Scotland?

Accepted Answer

Local councils grant HMO licences in Scotland. Each council sets its own fees and may have additional requirements. Contact your local authority to apply.

Question 4

Are the licence conditions the same in Scotland?

Accepted Answer

Scotland has its own set of mandatory conditions covering fire safety, gas and electrical safety, and management standards. The fit and proper person test also applies. Details may differ from England and Wales.

Aspect	Scotland	England & Wales
Threshold	3+ unrelated occupants	5+ people, 2+ households
Legislation	Housing (Scotland) Act 2006	Housing Act 2004
Licensing authority	Local councils	Local councils

HMO Licensing in Scotland

Different Rules Apply

Key Differences: Scotland vs England & Wales

Frequently Asked Questions