Belfast HMO licence standards

Under section 1 of the 2016 Act, an HMO is living accommodation occupied by three or more people as their only or main residence, where those people form more than two households and at least one of them pays rent. Belfast City Council summarises the test the same way. Section 7 requires every HMO to be licensed unless a temporary exemption notice is in force, so there is no separate five-person mandatory tier as in England.

Sources: Houses in Multiple Occupation Act (NI) 2016 · Belfast — Houses in Multiple Occupation.

Belfast states that an HMO licence lasts five years. The fee is £62 per person living in the property per year, which is £310 per person for a five-year licence. Adding a new occupant costs £310 for each new occupant plus a £125 inspection fee per visit, and a variation to change the managing agent costs £250. Within seven days of applying, the applicant must publish notice of the application in local newspapers and send a copy to the NIHMO unit.

Source: Belfast — Applying for an HMO licence.

The Department for Communities made eight sets of regulations under the 2016 Act in 2019. The Living Accommodation Standard Regulations set the criteria councils must consider when deciding whether accommodation is suitable as an HMO for a stated number of people. The Space Standard Regulations set how a room’s floor area is measured for the Act’s space rules, and the Hazards Regulations prescribe the hazards landlords must address. Permitted occupancy depends on the number and size of sleeping rooms and the washing facilities available.

Explanatory memorandum: SR 2019/31.

Each application needs a fire risk assessment, which the NIHMO unit evaluates against the Northern Ireland HMO Fire Safety Guide, and extra measures may be needed where vulnerable people live in the house. Licences carry standard conditions on property management, occupants’ rights and anti-social behaviour. The Department for Communities has also approved a code of practice for managing HMOs, which the council uses alongside the licence. Sale route: Sell an HMO in Belfast.

Belfast says all new HMOs must have planning permission and building control approval, and an application will not be processed without them. HMOs are a sui generis use under the Planning (Use Classes) Order (Northern Ireland) 2015, so using a property as an HMO normally needs permission, and applicants are advised to get permission or a certificate of lawful use before applying. The council must consider overprovision on new applications, but not on renewals.

Guide: Belfast — Northern Ireland Houses in Multiple Occupation.

Northern Ireland has its own HMO statute, a more-than-two-households test and a single licensing unit for the whole region. English room-size regulations and Article 4 rules do not apply. Landlords also have to register under the separate Northern Ireland landlord registration scheme. National overview: HMO licensing in Northern Ireland · HMO standards.