HMO Planning and Building Warrant Guidance

Building permission

Landlords must ensure that the relevant planning permission and/or building warrant has been obtained where necessary.

Certificate of Lawful Use

A licence is unlikely to be granted unless it has been established that the premises has planning permission or a certificate of lawful use or that permission is not required.

Planning permission is not required to change the use of a dwelling house to a House in Multiple Occupation for five or less persons. This approach also applies, in general to flatted accommodation, although in smaller properties, proposals involving more than four people living together may be considered to constitute a House in Multiple Occupation. For smaller properties, factors to be considered include whether the character of the existing use of the premises will be materially altered having regard to the intensity of use in relation to the size of the property concerned.

For advice on planning applications and certificates of lawful use, call the Planning Help Desk on 0131 529 3550 or e-mail: planning@edinburgh.gov.uk

Listed Building Consent

If your building is listed, the works you are carrying out may require listed building consent. The listing applies to the whole building, including the interior, and it is important that any fabric of historic or architectural interest is not affected.

Works such as the insertion of smoke detectors and sprinkler systems, fireproofing doors and fanlights and other upgrading measures required for your license, may require listed building consent. Proposals should be discussed with the listed buildings Section at an early stage. You will normally be asked to write in with details of the works to allow an assessment to be made.

For further information on listed buildings, call 0131 529 3550 or e-mail: planning@edinburgh.gov.uk

Planning Enforcement

Planning authorities have discretion when they take enforcement action. In exercising these powers authorities have to consider the provisions of the development plan, to determine whether the breach of planning control unacceptably affects public amenity or interest. Enquiries should be made in writing.

For information about planning enforcement, call 0131 529 3911 or fax 0131 529 6207.

For general planning enquiries contact: City Development, Planning, Waverley Court, 4 East Market Street, Edinburgh, EH8 8BG.  Tel: 0131 529 3550 or e-mail: planning@edinburgh.gov.uk

Building Warrant

Where a property has more than six residents, a Building Warrant for change of use may be required.

Unauthorised alterations to a property may also require a Building Warrant.

Properties requiring a Building Warrant will have to comply with the Building Regulations in addition to the Benchmark Standards.

The vast majority of properties, which will be affected by the licensing legislation will have no more than six residents. Therefore the Council will apply the Benchmark Standards which are contained in the Scottish Executive booklet ‘Guidance on Mandatory Licensing of Houses in Multiple Occupation'. However, it may be possible to achieve an equivalent level of accommodation or safety through measures other than those stated in the Benchmark Standards, and alternatives will be considered. In most cases a Building Warrant will not be required.

For more information on building warrants and the application of technical standards, call Property Management on 0131 529 4622.