News about the Housing Act and Licensing: New Statutory Instruments giving More Local Discretion on Washbasins and Toilets
The Government have passed a number of Statutory Instruments designed to respond the criticisms about the inflexible and proscriptive nature of the standards imposed in April 2006 under licensing. These will come into force on 1st October 2007 and deal with two issues
Washbasins and Separate Toilets
The main issue for student housing is an amendment to the amenity standards in all HMOs that gives local housing authorities discretion in this area - “having regard to the local factors appertaining”.
Previously there were strict numbers of bathrooms, WCs (and separate WCs) to be provided for a certain number of occupants and wash hand basins needed to be fitted in all bedrooms. Many landlords will recall that most Local Authorities did not agree with these standards but had to stipulate them and often put in implementation dates of a few years.
The changes mean that in practice wash hand basins will not be compulsory in HMOs and the numbers of bathrooms can be decided by the local authority on an individual basis. Wash hand basins will still be required where reasonably practicable but only when the local authority has taken into account the age and character of the HMO, the size and layout of each flat and its existing provision for wash-hand basins, toilets and bathrooms.
Local Authority's still have to decide how to implement this, it is likely washbasins will be required only in Category A HMOs (normally known as hostels or bedsits) and shared student housing will not be required to have a facility that no one needs or wants. The five year washbasin condition on licenses is likely to be removed.
On amenity levels, again the Local Authority will need to decide its position, but the separate toilet requirement is likely to be removed for all but 5 bed houses where there is only one bathroom and toilet. So, if there is a shared house for 5, landlords would need a bathroom/WC and washbasin and at the least a WC/washbasin. For 6 or more there is a ratio of baths/WCs/washbasins but it is unlikely that a separate WC will be required.
Both of these changes are what many landlords wanted and should be welcomed.
To give you Chapter and Verse. The old wording was:
2.—(1) Where all or some of the units of living accommodation in an HMO do not contain bathing and toilet facilities for the exclusive use of each individual household— (a) where there are four or fewer occupiers sharing those facilities there must be at least one bathroom with a fixed bath or shower and a toilet (which may be situated in the bathroom); (b) where there are five or more occupiers sharing those facilities there must be — (i) one separate toilet with wash hand basin with appropriate splash back for every five sharing occupiers; and (ii) at least one bathroom (which may contain a toilet) with a fixed bath or shower for every five sharing occupiers; (2) Where there are five or more occupiers of an HMO, every unit of living accommodation must contain a wash hand basin with appropriate splash back. (except any unit in which a sink has been supplied as mentioned in paragraph 4(1)).
The new wording is:
2.—(1) Where all or some of the units of living accommodation in an HMO do not contain bathing and toilet facilities for the exclusive use of each individual household— (a) there must be an adequate number of bathrooms, toilets and wash-hand basins suitable for personal washing) for the number of persons sharing those facilities; and (b) where reasonably practicable there must be a wash hand basin with appropriate splash back in each unit other than a unit in which a sink has been provided as mentioned in paragraph 4(1), having regard to the age and character of the HMO, the size and layout of each flat and its existing provision for wash-hand basins, toilets and bathrooms.
Self Contained Flats
This is more complex and looks at how certain converted blocks of flats are dealt with – these flats (known as section 257 HMOs) had provision in the Housing Act 2004 to be classed as Licensable HMOs. Section 257 HMOs are those HMOs created by converting buildings into flats where the conversions did not meet the building Regulations 1991 as a minimum or they have not been brought up to modern building regulations standards in the meantime. Previous HMO regulations still applied to this type of HMO.
From 1 October 2007 section 257 HMOs will be brought within the scope of Additional Licensing and management regulations under the act. This means that local authorities can apply additional licensing to section 257 HMOs if they wish. It is not yet clear how most Local Authorities will respond to this new position.
Conclusion
The Statutory Instruments can be consulted directly on the following documents (all Adobe Acrobat PDF Format) and Unipol will update this section when Local Authorities have formally decided their course of action.
Explanatory Memorandum to the above
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