HMO or What?

HMO or What?

10:05 AM, 20th July 2018, About 4 years ago 16

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I have been offered a building split into 10 self contained units, no sharing. Planning is for one property and council tax is one property.

Question is ‘what is it’?

I’ve a couple of standard HMOs so know what that entails, but as this place has no sharing I’m at a bit of a loss, I’ve seen some paperwork where the current owner queried its status when HMOs were first introduced and shows that it didn’t qualify then. Has anyone got any further info on this?

If I thought I could get hold of a council officer at the Local council I would ask.

Many thanks

Elizabeth



Comments

by Anne

6:51 AM, 21st July 2018, About 4 years ago

Reply to the comment left by Sjp at 21/07/2018 - 05:40
This was information i was given ten years ago when i bought the houses. I never needed to use the advice. If you have been told differently by someone in the industry then brilliant.

by blair

9:01 AM, 24th July 2018, About 4 years ago

If the flats are truely self contained then existing use is 4 years BUT the onus is on you to prove it so the vendor needs to give you actual evidence like tenancy agreements and even more definite stuff that proves the flats have been there for more than 4 years unfettered.

I see applications for lawfulness in my area of Brent often. You need to provide the proof. There is one big warning. It sounds like someone did the conversion illegally and kept below the the councils enforcement officers thus you might want to check/consider what else is illegal. Fire separation, drainage, water connections, sound insulation, thermal insulation. Not just fire doors!!! After one year buildings regs are not enforceable but you cold have tenant's complaining if poor sound or thermal issues. Do you think they were properly converted??? The vendor is dodgy - be warned!!

by Sjp

21:30 PM, 24th July 2018, About 4 years ago

Reply to the comment left by blair at 24/07/2018 - 09:01
Blair. What do you mean “after one year Building Regulations are not enforceable “? I don’t understand what this means.

by blair

8:33 AM, 25th July 2018, About 4 years ago

Well usually if you do unapproved building work Building inspector cant enforce any non compliant works. If it is a HMO its different but if the flats are truely self-contained with separate water gas and electrics and the landlord provides no services except to common parts it doesn't sound like they are HMOs'. There is a couple of cases where its two years but in my opinion crazy as it is Building regs aren't enforceable after one year. However you need to have in place or Means of escape/fire risk assessment to the common parts - this needs to be only a simple thing but it must show that you have reviewed and "weighed up" the risks

by Sjp

19:02 PM, 25th July 2018, About 4 years ago

Reply to the comment left by blair at 25/07/2018 - 08:33
Blair. There is great confusion over HMOS and self contained flats. According to the law they ARE HMOs if they don’t comply with the 1991 Building Regulations. How to establish this is the challenge.

Therefore your point about Building Regs not enforceable after a year contradicts the above point because why would it stipulate 1991?

I have a building without correct Building Regs that was converted around 5 years ago (contracts and bills evidence this) but have been told by the council that they are HMOs if they don’t comply with 1991 Building Regs. Why would this matter then if they are not enforceable after having been set up 5 years ago?

Please could you point me in the direction of where it says Building Regs are not enforceable after a year as I’m keen to know.

by blair

7:57 AM, 26th July 2018, About 4 years ago

Sip. Sorry I not have any Act to refer you to. If they are HMO's its different story.

I suggest you talk to Building Control. Longtermyou need clarification


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