Edinburgh HMO licence standards

Section 125 of the Housing (Scotland) Act 2006 defines an HMO as living accommodation occupied by three or more people who are not all members of the same family or of one or other of two families. They must live there as their only or main residence and share a toilet, personal washing facilities or cooking facilities. Full-time students count as living there during term time. That is a wider net than England’s five-person mandatory test, so most three-sharer flats in Edinburgh need a licence.

Legislation: Housing (Scotland) Act 2006, section 125.

The council’s HMO licence page points landlords to the Scottish Government’s statutory guidance for room-size specifications, in part 4.3 and Annex A. It also lists the Repairing and Tolerable Standards, the Scottish practical fire safety guidance for existing sleeping accommodation, the council’s HMO Best Practice Guide and its HMO standard conditions. The standard conditions require the physical standards approved at grant to be kept up for the life of the licence.

Source: Edinburgh — Houses in multiple occupation (HMO) licence.

Annex A of the guidance sets 6.5 m² for a single bedroom and 10.5 m² for a double where a compliant common living room and kitchen are available. Where there is no communal living area, the figures rise to 10 m² for one adult and 15 m² for two. A bedroom with a cooker needs 13 m² for one adult or 19 m² for two. Bedrooms should be at least 2.25 m wide, and floor only counts where the ceiling is at least 1.5 m high. A communal living room should be 11 m² for three to six people and 16.5 m² for seven to ten.

Guidance: gov.scot — HMO licensing statutory guidance.

Edinburgh charges by occupant capacity, with a choice of a one-year or three-year licence. The 2026/27 list gives £164 for one year or £424 for three years at three occupants, £448 or £708 at five, and £1,353 or £1,613 at ten. A three-year licence is only considered case by case and can be restricted to one year where there is ongoing monitoring, enforcement, upheld complaints or gaps in safety certificates. First-year licences may be granted for a minimum of six months.

Fee list: Edinburgh — HMO application fees (PDF).

Applications are online only and must include floor plans showing room use and dimensions, doors and windows. Edinburgh also asks for a gas safety certificate, a current electrical installation condition report, emergency lighting, portable appliance and fire appliance certificates, a fire alarm certificate and a fire safety risk assessment, plus a sprinkler inspection certificate where a system is fitted. Landlord registration is a separate duty. Sale route: Sell an HMO in Edinburgh.

Scottish councils can refuse to consider an HMO licence application if occupying the property as an HMO would breach planning control. They also have a discretionary power to refuse a licence where there is, or would be, overprovision of HMOs in the locality. Licences are generally granted for up to three years under the statutory guidance. National overview: HMO licensing in Scotland.

Scotland’s HMO regime differs from England’s in its three-person threshold, its family-based household test and its room-size benchmarks. Operating a licensable HMO without a licence is a criminal offence, with a maximum fine of £50,000 according to mygov.scot. Comparison: HMO standards.