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Introduction
If you are the owner of a building that has self-contained flats, the following information will apply.
Section 257 of the Housing Act 2004 determines that certain buildings that have been converted into self contained flats will be considered to be HMOs, if they meet both the following criteria:
- Less than 2 thirds of the flats are owner occupied
As a freeholder of the building, you may have access to records which indicate when the conversion was carried out, and if any Building Regulations certification was given. If you do not possess such records, you will need to contact the Council’s Building Control Section, in order to obtain copies of any records they may hold about the conversion to your property. In some cases you may required to submit a search to obtain copies of records held, and fee is charged for research and copying of documentation.
Buildings converted into self contained flats can only be exempted from the HMO definition if satisfactory documentation is provided, such as a completion certificate or written confirmation stating that the conversion complies with the requirements of the 1991 Building Regulations (or later). It is the responsibility of the freeholder to provide such documentation, either from their own records, or from the Council’s Building Control Section or qualified Building Inspector.
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What is included in the 1991 Building Regulations?
The 1991 Building Regulations introduced a number of new requirements for buildings containing self contained flats, particularly in respect of fire separation.
If you require further information about the specific requirements and changes introduced in the 1991 Building Regulations, you can read the document in full on www.legislation.gov.uk
Building Control in Hastings is a shared service with Rother District Council and you should contact them on 01424 787680 for further information.
