Section 257 property licence
The rules around the licensing of Houses of Multiple Occupation (HMOs) changed on 5 June 2023.
From that date, any building which was converted into self-contained flats where two thirds or more of the flats are rented out and the building does not comply with 1991 building regulations may require a licence. This is known as a Section 257 HMO.
Do I need a Section 257 Property Licence?
You need to apply for a Section 257 property licence if you operate a building which was converted into self-contained flats where:
- the building has been converted into flats and does not comply with 1991 building regulations and;
- two thirds or more of the flats are rented out.
You do not need to apply for a 257 property licence if the whole building is only occupied by two people, living as two separate households.
Please note that the Section 257 licence is for the building. If any of the self contained flats within the building require a Selective, Additional HMO or Mandatory HMO licence this needs a separate application.
For more information, download the section 257 Property licensing guidance.
Applying for a Section 257 Property Licence
You can apply for a new section 257 property licence on our dedicated application website. Each section 257 HMO property licence will cost £755.
When submitting your application, you will need to provide:
- A floor plan showing the communal areas in the building. You’ll need to label the usage of every room and show the location of smoke/heat detectors and carbon monoxide alarms. This plan does not need to be drawn by a professional.
- Gas safety Certificate (if appliable to the property).
- A satisfactory Electrical Installation Condition Report (EICR) this should list each individual unit in a single report, alternatively you should provide a separate report for each unit in the property.
- A Fire Risk Assessment for the property
- Details of interested parties, this includes details of any freeholders, leaseholders, mortgage providers and managing agents. All parties will need to be informed of your application prior to submission.
- Details of each self-contained flat that is not owner occupied, the number of occupants in each unit and the type of tenancy in the unit (for example assured shorthold tenancy).
Upon inspection of the property, you may be required to provide:
- Fire Alarm Test Certificate.
- Emergency lighting (if installed) – annual check documentation.
- A PAT certificate for any appliances supplied by the landlord. If the items are new, then a copy of receipts will be sufficient.
Enforcing the Scheme
If you fail to obtain the necessary licenses, it can lead to severe consequences: including fines of up to £30,000 through a Civil Penalty Notice (CPN) or prosecution, which could result in an unlimited fine and a criminal record.
Reporting an unlicensed property
If you suspect a property is operating without the proper licence, you can report this to us confidentially through our dedicated reporting website.
Extra Information
No tacit consent is applicable to this type of application. If you have not heard from us within 28 days of submitting your application, email us.
If you have any problems with our application form, email the property licensing team: pl@birmingham.gov.uk.