Glasgow HMO licence standards

Under section 125 of the Housing (Scotland) Act 2006, an HMO is living accommodation occupied by three or more people who are not all from the same family or one of two families. The occupants must live there as their only or main residence and share a toilet, personal washing facilities or cooking facilities, and term-time students count as resident. Glasgow’s licensing pages apply that statutory test rather than England’s five-person rule.

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

Glasgow’s HMO Licensing Standards page states that the standards for obtaining a licence are outlined in the Scottish Government’s statutory guidance for local authorities. Councils must have regard to that guidance, and its Annex A carries the technical specification for space and layout. The guidance asks councils to apply the benchmarks with some flexibility, looking at room shape and layout as well as floor area.

Sources: Glasgow — HMO Licensing Standards · gov.scot statutory guidance.

Where a compliant common living room and kitchen are available, Annex A sets 6.5 m² for a single bedroom, 10.5 m² for a double and 16.5 m² for a triple. Without a communal living area the benchmarks rise to 10 m² for one adult, 15 m² for two and 19.5 m² for three. A bedroom that contains a cooker needs 13 m² for one adult or 19 m² for two. The minimum bedroom width is 2.25 m, and only floor with at least 1.5 m of ceiling height is counted.

Glasgow’s guidance for HMOs asks for plans at a scale of 1:50, including floor plans that show room layouts, cooking and sanitary facilities and alarm positions, plus a section showing floor heights. The statutory public notice must be displayed on or near the property, readable from the street, for 21 days starting on the day the application is lodged. A certificate of compliance goes back to the council after that period, and anyone can make a representation within the 21 days.

Source: Glasgow — Guidance for HMOs.

Glasgow says it has up to 12 months to determine an HMO application. Fees are charged by occupancy band, with separate rates for new and existing licences, and are listed on the council’s fees and charges page. The statutory guidance says a licence is generally granted for three years, with shorter terms where a council can justify them. Sale route: Sell an HMO in Glasgow.

A Scottish council may refuse to consider a licence application where using the property as an HMO would breach planning control. It may also refuse a licence where it considers there is, or would be, overprovision of HMOs in the locality, having regard to the number and capacity of licensed HMOs and local need. Planning and licensing therefore both need checking on any Glasgow purchase. National overview: HMO licensing in Scotland.

Scottish HMO licensing differs from England in its threshold, household test and space benchmarks, and Glasgow applies the Scottish framework. Running a licensable HMO without a licence is a criminal offence with a maximum fine of £50,000, according to mygov.scot. Comparison: HMO standards.