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#1 Posted : 20 December 2007 14:36:00(UTC)
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Posted By mike cox
when a single family dwelling house is being converted to a HMO do we class it as being rooms for residential purposes (therefore a change of use) or not?
do we apply regulation B1,2,3&5 alone (being a material alteration) or should we consider regulation E3 as we would in a material change of use?
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#2 Posted : 20 December 2007 14:55:00(UTC)
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Posted By Martin Forbes
Mike,

It depends on the size of the HMO, up to 6 people is covered as a C3 Dwellinghouse, more than this a change of use will be required.
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#3 Posted : 21 December 2007 09:03:00(UTC)
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Posted By mike cox
martin.
how about this one. the definition of a room for residential purposes within the building regulations is "a room or suite of rooms which is not a dwelling house or flat used by one or more persons to live and sleep. it must also be separated from the rest of the building by a door designed to be locked, and not to be occupied as a single household" numbers are not mentioned. it also states that a dwelling house is a building occupied by a single family unit. however guidance in ADB in both volumes states that guidance within may be used for HMO's providing they are occupied by no more than 6 people.
in my mind if a HMO occupied by 6 or less on a single tenancy agreement that has no lockable doors can be treated as a dwelling house. separate tenancy agreements and or locks on doors would constitute residential rooms?
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#4 Posted : 21 December 2007 10:20:00(UTC)
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Posted By John Donaldson
Just to add to this thread

To determine if a property is an HMO you also need to look at Sections 254 to 259 of the 2004 Housing Act.

The number of occupants is no longer relevant it’s a case of them not forming a single household.

There are also a number of other “Tests” which have to be applied.
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#5 Posted : 21 December 2007 11:37:00(UTC)
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Posted By mike cox
is then a building or part of a building that does form a HMO as per the housing act automatically constitute as being a room for residential purposes?
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