HMO licensing in Bath and B&NES

“Is this an HMO?” and “Does it need an HMO licence?” are different questions. Start with the people, households, facilities and building arrangement, then check the applicable licensing scheme and exceptions with Bath and North East Somerset Council.

Scheme status checked on 3 November 2026. This guide concerns B&NES; another council area may operate different additional or selective licensing arrangements.

Establish the relevant HMO test

The council's HMO legislation and standards page describes more than one statutory test. The familiar shared-house situation involves at least three people from more than one household sharing basic amenities, but flats and converted buildings can require other checks. Exemptions also matter.

Do not equate the number of tenancy agreements with the number of households. Record the occupiers' relationships and how the property is used, then ask the council if the classification is uncertain. The council's standards page was updated on 13 October 2026 and includes the relevant legislation and local documents.

Check mandatory licensing

B&NES's licence-types page describes the usual mandatory trigger as five or more people, more than one household and shared toilet, bathroom or kitchen facilities. Mandatory licensing operates across the district.

There are exceptions. The page identifies an exception for a flat with five or more occupiers in a purpose-built block containing at least three self-contained flats. Do not reduce the entire assessment to “five people means a licence” without checking the building and statutory scope.

Check the additional-scheme status

At the review date, the council states that its additional licensing scheme ended on 31 December 2023. It says a new scheme would require consultation and that the page will be updated. An old statement that every three-person HMO needs an additional licence should therefore not be carried forward as current B&NES advice.

The end of an additional scheme does not remove other HMO management, safety or planning requirements. Recheck the official page when occupation changes or before acting on an old assessment.

Work through the occupation questions

Keep personal occupier information private and provide it only through an appropriate official process.

Two fictional situations to compare

Four friends sharing a house: the property may meet an HMO definition, while being below the usual five-person mandatory-licensing threshold. That observation does not settle exemptions, any later scheme, standards or planning.

Five people in a flat: the number alone is insufficient. Whether the flat is in a purpose-built block with the relevant number of self-contained flats is one of the facts the council's published exception makes important.

These examples show why the questions differ. They are not licensing decisions about real properties.

Apply through the council and retain the outcome

Use B&NES's HMO application page for the current application, supporting documents, timing and fees. The council provides submission evidence; retain it together with correspondence and the eventual licence and conditions.

An issued licence has a duration and conditions. Read them, record required work and note when changes need to be reported. The council says licences are not transferable to a new owner, so do not assume a seller's document can simply be reused. Check the application guidance when purchasing or changing management.

A register entry can help check a licence. An absent search result, on its own, should prompt an enquiry rather than an allegation: details may need clarification and some properties are outside the relevant requirement.

Complete the separate planning check

The council expressly warns that a licence does not confirm planning permission. Follow planning and Article 4 in Bath for the proposed use and actual address. Keep the licence record alongside your safety and management records, with each document's purpose clear.