PIMS ≡
  • Facebook
  • Facebook
  • Facebook
  • About us
  • Contact us
  • Join
  • Forgotten Password?

Property Information Made Simple

  • Tenancy Agreement
  • Starting Tenancy
  • Managing Tenancy
  • Ending Tenancy
  • Legislation
  • Letting Agents
  • Latest News
  • Credit Checks
  • Latest Blog
  • Letting Flowchart
  • ABC to Lettings
  • Document Centre
  • Helpline
  • Landlords Insurance
  • EPC
  • Rent in Advance, Pre-Tenancy Payments and the Risk of Getting It Wrong
  • Should Landlords Trust British Gas - 5 Appeals
  • RENTERS RIGHTS INFORMATION SHEET - FINE £7000
  • PIMS Renters Right Compliant - ENDING a Tenancy
  • PIMS New DOCUMENT NEW SECTIONS
  • News archive >

News Article

"In May, you MUST give your Tenants the Renters Rights Information Sheet or

YOU RISK  - £7,000 FINE  PER TENANT PER PROPERTY."READ MORE

I want to convert my house into flats. What are the issues ?

26th Mar 2013

PIMS Member Gary Walden recently asked "I want to convert my property into flats. What are the issues?" Fellow Member Scott Architectural provided an overview of the key points Gary should consider.

CONVERSION OF HOUSE INTO SELF CONTAINED FLATS

Practicality

Before this can be answered you need to ask your self if the existing building be successfully converted to provide the desired conversion? This relates to the practicalities of clear division and access and further provision of all services particularly sanitary. These changes come under both planning and building regulations as the units are effectively separate and must be suitable for use as such. Below are some of the issues and procedures likely to be encountered.

Planning

Planning law in respect of multi-occupation is contained in the following legislation:
 
Town and Country Planning Act 1990 (later referred to as “The Act”): Section 55 of the Act defines the subdivision of a dwelling into two or more separate dwellings as a material change of use which requires planning permission Category C3 to C4.
 
However since October 2010 the conversion of a single dwelling into two separate units was deemed 'Permitted development' for between 3 and 6 people therefore not requiring a change of use application under the planning act. Notwithstanding this any property that is listed or within a conservation area will have additional restrictions.
 
 
Be cautious though, councils can and are amending this with an 'Article 4 direction' removing such permitted development rights as they impose their own local development policy. These are very much dependant on density and the impact on existing communities some authorities have already made this mandatory across the board to exert more control over the housing stock in the light of new government legislation on housing allowances.
 
 
Where planning is required this will require submission of details such as plans as existing, plans and details as proposed and any effect this conversion may have on the access to the property such as additional parking and waste collection. If the alterations affect the external elevations of a property, for example additional doors or windows then this information will all be required to be included in the application. This is more relevant on listed buildings and within conservation areas. In the eyes of the law a house converted into flats remains a house and so converting back should not require further planning approval. With ever changing legislation and local authorities drafting their own revisions It is always a good idea to discuss your proposals with the local authority to ensure compliance.

HMO's and licensing.

The Housing Health and Safety Rating system (HHSRS) provides a guide to local authorities to asses such applications which basically examines Fire safety,Electrical and gas safety, access and security and the overall property standard. If the let is to be furnished then this will also come under scrutiny in terms of fire regulations acts 1988 and 1993 for fabrics and upholstery.
 
The laws relating to HMO's (house in multiple occupation) have become complex under the 2004 housing act and this is a topic all on its own. It is worth noting that not all local authorities adopt the same standards when assessing such changes. Generally if less than 5 persons and not 3 storey the property will not need to be licensed but will be considered an HMO, Some authorities reduce this to 4 occupants or more.
 
Full consultation with the local authority is critical to avoid falling on the wrong side of the law. Failure to ascertain the correct licence category can result in substantial fines and the loss of power of eviction under Section 21 of the housing act.

Building Regulations

Once planning is obtained (and even if permitted under the planning act) any alterations to provide separation of units will require approval under the building regulations.This deals with more specific elements of the conversion, normally with this type of situation they tend to fall under structural alterations Part A, fire protection of doors, floors and means of escape and any centralised alarm and emergency lighting system under Part B. There is also the question of sound transmission to be be considered under Part E (resistance to the passage of sound) to ensure the reasonable enjoyment of the occupants. In some circumstances, usually semi detached or terraced properties the alterations may come under the Party wall Act.

Services

If proposing entirely self contained units within an existing building the supply of services (gas ,water, electric, sanitary etc) will need to be delivered separately not only for the purpose of control on usage but for the legal issue of bills to the occupant. Again there are strict rules on the route and installation of such services and a survey by a qualified engineer will determine the practicality of this. Such installations will need to be installed by approved installers capable of issuing the appropriate test certificates on completion. With house share situations or in some HMO's this can be less of a problem as there is normally an arrangement to split the bills in equal proportion or at a rate based on the main user without the need to amend the meter locations. Again an assessment would need to be done by the local authority. In all cases test certificates are required by law on an annual basis.

Income/yield

Higher yields can be obtained by this type of conversion. However the initial cost to achieve the alterations needs to be taken into consideration against the likely rental increase over the longer term. These costs can vary greatly depending on the type and age of the building and the complexity in providing the alterations and compliance required by law

ABOUT THE AUTHOR

Pims member Gary Scott is owner of Scott Architectural. The practice was formed in 1982 and carries out all architectural services for domestic and commercial clients including new build, refurbishment and extensions. Additional services include condition/dilapidation reports for purchase, rent or lease. Building and refurbishment projects can be taken from design through to a successful on site completion. www.scottarchitectural.co.uk

 
Disclaimer Scott Architectural tries to ensure that all information provided as part of an article is correct at the time of inclusion on the web site but does not guarantee the accuracy of such information. Scott Architectural is not liable for any action you may take as a result of relying on such information or advice or for any loss or damage suffered by you as a result of you taking this action unless through direct appointment to act on your behalf under our Institute conditions of engagement. Scott Architectural provides all such services with full Professional indemnity cover and public liability insurance as required by statute.



News Archive »


Feedback includes"invaluable service", "Excellent", "A brilliant Website", "worthwhile joining" , "friendly and knowledgeable", "incredibly helpful", "outstanding" Read Reviews

 

 

"In May, you MUST give your Tenants the Renters Rights Information Sheet or

YOU RISK  - £7,000 FINE  PER TENANT PER PROPERTY."READ MORE

 

 

 


Starting a tenancy
Preparing to let The do's and dont's The vetting process Documents required Using a letting agent The good letting guide
Managing a tenancy
Inspections Maintenance Dealing with problems Renewing a tenancy Rent arrears Dealing with councils Rent increases
Ending a tenancy
The checkout and exit How to deal with a problem tenant Compare eviction notices Recovering debt Enforcing court orders Section 21 notice Section 8 notice
Letting legislations
Housing benefits LHA Maintenance and repair Health and safety Provision of services HMO and licensing Tenant litigation
Site index
Tenancy lifecycle Eviction flowchart Starting a tenancy docs Managing a tenancy docs Ending a tenancy docs News
MasterCard Maestro Visa Visa Electron Switch Solo JCB ePDQ
© 2023 PIMS
  • Home
  • About Us
  • Join
  • Contact us

Website by OddSphere
Memberships are from only £79.95 a year or £29.95 a quarter
X
Fit for Habitation|March 2019 The ACT is intended to define minimum standards a rental property MUST be and makes a clearer pathway way for Tenants to be compensated|https://www.pims.co.uk/fit_for_habitation_act_march_2019/ Guarantor|The person who provides a guarantee and promises to make payment good should the person responsible for the agreement fail|http://www.pims.co.uk/guarantors/ MEES|The Minimum Energy Efficiency Standard (MEES) Landlords are charged with the requirement to bring their rental property to a minimum EPC rating of E. Property with F and G rating will effectively be banned from the rental market April 2018 |http://www.pims.co.uk/epc/ Section 11|Section 11 of the Landlord and Tenant Act 1985 places an obligation on the landlord to maintain the structure and exterior of the property, including installations for the supply of water, gas and electricity, heating systems, drainage and sanitary appliances|http://www.pims.co.uk/landlord-section-11-repairs/ serving date|This date is the date deemed received at the property - as an example if posted allow for posting days|/serving-notice-on-a-tenant-delivery-days/ Tenancy Application|The objective of vetting is to empower yourself so you can make an informed decision as to the calibre of the prospective person. Making your decision on facts and figures is invaluable and this is why you should always take references. The application form also provides you with permission to perform credits. This form details all the information you should ever require deal with most eventualities including absconding tenants|http://www.pims.co.uk/doc/57/ Tenant Fees|From June 2019 where renting properties in England gone are the days of charging for admin, letting fees, vetting, references, inventory, check in, check out, cleaning, pet insurance or ANY other fee that is not explicitly permitted within the legislation. |https://www.pims.co.uk/ban_letting_fees_act_2019/