What is defined as an HMO
The Housing Act 2004 (external link) explains what a house in multiple occupation (HMO) is. The definition of an HMO is found in Part 7 of the 2004 Act, this replaces the definition under the Housing Act 1985.
To be defined as an HMO, a building (or part of one), must fall within one of the following categories:
- A building or flat in which three or more people from two or more households share a basic amenity, such as bathroom, toilet or cooking facilities. This is known as the 'standard test' or the 'self-contained test'
- A building that has been converted and does not only conist of self-contained flats. This is known as the 'converted building test'
- A building that is declared an HMO by the local authority
- A converted block of flats where the standard of the conversion does not meet the relevant building standards and less than two-thirds of the flats are owner-occupied. This is known as a section 257 HMO.
Does my HMO require a licence
All properties occupied by five or more individuals from two or more households, sharing amenities, must obtain a mandatory licence, regardless of the number of storeys.
An HMO which has less than five persons does not require a mandatory licence, but is still defined as an HMO for the purpose of the Council’s HMO standards.
The Ministry of Housing, Communities and Local Government has provided a guidance for local housing document (external link) with further details on expanding mandatory licensing to smaller HMOs and implementing minimum bedroom sizes, as part of the government's efforts to balance the tenant-landlord relationship.
When a licence is granted, a number of licence conditions must be adhered to.
Please be aware that you will require planning permission to convert your property to an HMO.
Licence conditions
View our standard licence conditions online. Licence conditions may be removed or added based on the licence application.
What standards apply to an HMO
All HMOs in Wigan must follow the council's HMO standards. These standards cover things like minimum room sizes, amenity standards and fire safety requirements.
What management regulations apply to an HMO
There are two sets of regulations covering management obligations:
This legislation places certain duties on the individuals managing the property and non-compliance with these regulations may result in a prosecution and/or fine (including a civil penalty) as per the Housing Standards Enforcement Policy.
Public register
We must maintain a public register of all the premises licensed as an HMO.
Changes to houses in multiple occupation - Article 4 direction
On 15th July 2025 Wigan Council made a borough wide Non-Immediate Article 4 (1) Direction that removes permitted development rights for changes of use from individual dwelling houses to small houses in multiple occupation (HMOs).
This means from the 31st of August 2025 all HMOs, regardless of size, have needed planning permission in the borough of Wigan.
Further information is available on the Article 4 direction webpages.
Fire Safety Order
If you are a landlord who is responsible for any residential accommodation which is not a house shared by one family, then the Fire Safety Order will apply to the premises. Further information is provided by Greater Manchester Fire and Rescue Service (external link).
Do I require a fire risk assessment for my HMO
All HMOs will require a written fire risk assessment undertaken by a competent and suitably qualified person (i.e. a person with relevant and current training and experience, and with access to the requisite equipment and information, who is capable of carrying out the defined task).
You will be required to supply this with your HMO Licence application.
Fire risk assessments for certain other buildings are also covered under The Regulatory Reform (Fire Safety) Order 2005 (external link).
What is a Fire Safety Certificate
This is an annual test certificate, which is usually completed by a qualified electrician competent in BS 5839-6, or competent fire safety expert. This certificate confirms that the fire alarm detection system that is installed, is in correct working order.
Who to contact about an HMO
Please visit our Contact the Housing Standards team page for details of who to contact.