If you are a landlord applying for an HMO licence, or if you already hold one and are preparing for a renewal or inspection, understanding the fire safety standards that apply to licensed HMOs is essential.
Getting it wrong can mean the refusal or revocation of your licence, significant financial penalties, and in the most serious cases, prosecution.
More importantly, failing to meet fire safety standards in an HMO puts the lives of your tenants at risk.
This article sets out the fire safety standards that apply to licensed HMOs, how they are assessed, and what landlords need to do to meet them.
What is HMO Licensing?
HMO licensing was introduced by the Housing Act 2004 as a mechanism for raising and enforcing standards in the houses in multiple occupation sector, which had historically been associated with poor housing conditions and elevated fire safety risks.
There are three types of HMO licensing scheme in England.
Mandatory licensing applies to all HMOs occupied by five or more people forming two or more households, regardless of the number of storeys, as extended by the Licensing of Houses in Multiple Occupation (Mandatory Conditions of Licence) (England) Regulations 2018 (SI 2018/221).
Additional licensing schemes are operated by individual local authorities and extend licensing requirements to categories of HMO not covered by mandatory licensing, such as smaller HMOs or HMOs in particular areas or of particular types.
Selective licensing schemes apply to all privately rented properties in a designated area, regardless of whether they are HMOs, and are used by local authorities to address problems of poor property management in specific localities.
Landlords must check with their local authority to establish which licensing requirements apply to their properties, as the position varies significantly between local authority areas.
What Are the Mandatory Licence Conditions?
The conditions that must be attached to every HMO licence granted under the mandatory licensing regime are set out in the Licensing of Houses in Multiple Occupation (Mandatory Conditions of Licence) (England) Regulations 2018.
These mandatory conditions establish a baseline of fire safety requirements that apply to all mandatorily licensed HMOs across England, regardless of the local authority in which the property is located.
The mandatory conditions require the licence holder to ensure that any furniture or furnishings provided in the HMO comply with the Furniture and Furnishings (Fire Safety) Regulations 1988 (SI 1988/1324), as amended.
They require the licence holder to ensure that a valid gas safety certificate is obtained annually for any gas installation or appliance in the HMO, and that a copy is provided to the local authority within 28 days of a request.
They require the licence holder to ensure that the electrical installation in the HMO is inspected and tested at least every five years by a qualified person, and that a copy of the Electrical Installation Condition Report is provided to the local authority within 28 days of a request.
They require the licence holder to ensure that smoke alarms are installed in the HMO in accordance with any regulations made under Section 20 of the Housing Act 2004, and that they are kept in proper working order.
And they require the licence holder to ensure that carbon monoxide alarms are provided in any room used wholly or partly as living accommodation that contains a solid fuel burning combustion appliance.
These mandatory conditions represent the minimum that every licensed HMO must meet.
In practice, local authorities will typically impose additional fire safety conditions that go significantly beyond this minimum, reflecting the specific risks of the property and the standards expected in their area.
Additional Fire Safety Conditions Imposed by Local Authorities
Local authorities have broad discretion to impose additional licence conditions that they consider appropriate for the management of the HMO and the safety of its occupants.
In practice, the fire safety conditions imposed by local authorities on HMO licences are substantially more detailed and demanding than the mandatory conditions, and they vary significantly between local authority areas.
Understanding the specific conditions that apply to a particular property requires careful engagement with the relevant local authority, and landlords should not assume that the conditions imposed on one of their properties in one area will be the same as those imposed in another.
However, a number of fire safety requirements are sufficiently common across local authority licensing schemes to be regarded as broadly standard expectations for licensed HMOs.
Fire Detection and Alarm Systems
The provision of an adequate fire detection and alarm system is one of the most fundamental fire safety requirements for any licensed HMO, and local authorities will typically specify in considerable detail the standard to which the system must be installed and maintained.
The relevant British Standard for fire detection and alarm systems in domestic premises, including HMOs, is BS 5839-6:2019, Fire Detection and Fire Alarm Systems for Buildings, Part 6, Code of Practice for the Design, Installation, Commissioning and Maintenance of Fire Detection and Fire Alarm Systems in Domestic Premises.
BS 5839-6 defines a range of system grades and categories that reflect the extent and sophistication of the detection and alarm provision.
The grade of the system refers to the type of components used and the power supply arrangements.
The category of the system refers to the extent of the detection coverage and the purpose for which the system is designed.
For most HMOs, local authorities will require a minimum of a Grade D system, comprising mains-powered detectors with battery backup, in a Category LD2 configuration, providing detection in all circulation areas and in any room or area that presents a high fire risk, typically the kitchen.
For larger or higher-risk HMOs, a Grade C or Grade B system, using a central control panel and addressable detectors, may be required.
The critical requirement across all system grades and categories is that the detectors are interlinked, so that when any single detector activates, all sounders in the system activate simultaneously, ensuring that all occupants throughout the property receive an immediate warning regardless of where in the property the fire starts.
Smoke detectors should be installed in all circulation areas, including hallways, landings, and corridors on every level of the property, and in all rooms used for sleeping accommodation.
Heat detectors, rather than smoke detectors, should be installed in kitchens and other areas where the normal activities carried out would be likely to cause unacceptable numbers of false alarms from a smoke detector.
Carbon monoxide detectors must be installed in any room containing a fixed combustion appliance, as required by the Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 (SI 2022/702).
The fire detection and alarm system must be maintained in accordance with the requirements of BS 5839-6, with regular testing and annual servicing by a competent engineer.
Testing records must be kept and made available to the local authority on request.
Means of Escape
The adequacy of the means of escape is assessed by the local authority as part of the licensing process, and any deficiencies must be addressed before a licence will be granted or renewed.
The means of escape assessment will consider the layout of the property and the number and location of exits, the adequacy of the escape routes including their width, height, and freedom from obstruction, the protection of the escape routes from fire and smoke, the distance from any room to the nearest fire exit, the provision of emergency escape windows where appropriate, and the adequacy of the means of escape for any occupants with mobility or other impairments.
For most HMOs, the primary means of escape will be through the main entrance door and via the staircase to the ground floor.
The staircase is the critical element of the means of escape in most multi-storey HMOs, and its protection from fire and smoke is of paramount importance.
Local authorities will typically require that the staircase is enclosed by fire-resisting construction and fire doors, creating a protected escape route that remains usable for long enough to allow all occupants to evacuate safely.
Where the staircase is not adequately protected, the local authority may require remedial works to improve the fire resistance of the enclosure, the installation of additional or upgraded fire doors, or in some cases the provision of an alternative means of escape.
The means of escape must be kept free from obstruction at all times, and licence conditions will typically require the landlord to ensure that escape routes are inspected regularly and that any obstructions are removed promptly.
Fire Doors
Fire doors are one of the most consistently required fire safety measures in licensed HMOs, and local authority licence conditions will typically specify in detail the standard to which fire doors must be installed, maintained, and inspected.
The relevant British Standard for the installation of timber-based fire door assemblies is BS 8214:2016, which sets out the requirements for the installation of fire door assemblies and provides guidance on their inspection and maintenance in service.
Local authorities will typically require fire doors to be installed to the kitchen of the property, to any room that opens directly onto the escape staircase or a protected corridor, and to any other room identified through the fire risk assessment or HHSRS assessment as presenting a significant risk to the means of escape.
The standard of fire door required will typically be FD30S, providing 30 minutes of fire resistance with smoke seals, though higher standards may be required in some circumstances.
All fire doors must be fitted with self-closing devices that ensure the door closes fully and positively from any open position without manual assistance.
The gap tolerances around the door leaf must not exceed 3mm at the sides and top of the door, and must not exceed 8mm at the threshold unless a smoke seal is fitted.
Intumescent seals must be present and in good condition around the full perimeter of the door leaf, ensuring that the door will expand to seal the gap between the door and its frame in the event of a fire.
Smoke seals must also be present and in good condition, preventing the passage of cold smoke through the gaps around the door leaf.
All ironmongery, including hinges, latches, and locks, must be of the appropriate specification for the door and must be correctly installed and maintained.
Fire doors must be clearly identified with appropriate signage, typically a Fire Door Keep Shut notice on doors that are normally kept closed.
Local authorities will typically require that fire doors are inspected at regular intervals as part of the landlord’s property management regime, and will expect to see records of these inspections.
The frequency of inspection expected will vary between local authorities, but quarterly inspections are generally regarded as a reasonable minimum for most HMOs.
Firefighting Equipment
Local authority licence conditions for HMOs will typically require the provision of appropriate firefighting equipment, in addition to the fire detection and alarm system.
For most HMOs, this will mean the provision of a fire blanket in the kitchen, where the risk of cooking fires is greatest.
For larger or higher-risk HMOs, the provision of portable fire extinguishers in communal areas may also be required.
Where fire extinguishers are required, local authorities will typically specify the type, rating, and location of each extinguisher, and will require that they are maintained in accordance with BS 5306-3:2017, Commissioning and Maintenance of Portable Fire Extinguishers, with annual servicing by a competent engineer.
Emergency Lighting
Emergency lighting provides illumination of escape routes in the event of a power failure, enabling occupants to navigate safely to exits even in conditions of complete darkness.
For larger HMOs, particularly those with complex layouts or multiple storeys, local authorities will typically require the provision of emergency lighting in all escape routes, including corridors, stairwells, and exit doors.
Emergency lighting must be designed, installed, and maintained in accordance with BS 5266-1:2016, Emergency Lighting, Part 1, Code of Practice for the Emergency Lighting of Premises.
The system must be tested regularly, with a monthly function test and an annual full duration test, and testing records must be kept and made available to the local authority on request.
Fire Safety Notices and Signage
Local authority licence conditions will typically require the landlord to display appropriate fire safety notices and signage throughout the property.
This includes Fire Door Keep Shut notices on all fire doors, fire action notices setting out the actions to be taken by occupants in the event of a fire, and directional signage identifying the location of fire exits and escape routes where the layout of the property makes these necessary.
Fire action notices must be displayed in prominent positions throughout the property, including in all communal areas and ideally on the back of each bedroom door, and must be clear, legible, and written in a language accessible to all occupants.
Electrical Safety
While the mandatory licence conditions require an EICR at least every five years, local authorities may impose more frequent inspection requirements for older properties or those with a history of electrical deficiencies.
The EICR must be carried out by a qualified and competent electrician and must identify any deficiencies in the installation, classifying them according to their severity.
Any Code 1 or Code 2 deficiencies identified must be remediated within 28 days of the inspection or within the shorter timescale specified in the report.
Local authority licence conditions will typically require the landlord to provide a copy of the current EICR to the local authority and to tenants, and to keep records of any remedial works carried out.
In addition to the fixed electrical installation, licence conditions may address the management of portable electrical equipment provided by the landlord, requiring portable appliance testing at appropriate intervals and the maintenance of records of testing.
Gas Safety
The mandatory licence conditions require an annual gas safety check of all gas installations and appliances in the HMO, carried out by a Gas Safe registered engineer.
The Gas Safety (Installation and Use) Regulations 1998 (SI 1998/2451) impose this requirement on all landlords of residential properties, and the annual gas safety certificate must be provided to tenants within 28 days of the check and to the local authority within 28 days of a request.
Furniture and Furnishings
Where the landlord provides furniture or furnishings in the HMO, they must comply with the Furniture and Furnishings (Fire Safety) Regulations 1988 (SI 1988/1324), as amended.
These regulations require that upholstered furniture and furnishings sold or supplied for use in domestic premises meet specified fire resistance standards, and landlords must ensure that any furniture they provide carries the appropriate labels confirming compliance.
Non-compliant furniture must be removed from the property and replaced with compliant alternatives.
Fire Safety Information for Occupants
Local authority licence conditions will typically require the landlord to provide all occupants with clear written fire safety information at the start of their tenancy.
This information must cover the fire risks present in the property, the fire safety rules that occupants are expected to follow, the location and operation of the fire detection and alarm system, the means of escape and the evacuation procedure to be followed in the event of a fire, the location and basic operation of any firefighting equipment provided, and the contact details of the landlord or managing agent for reporting fire safety concerns.
The information should be provided in a language and format that is accessible to all occupants, taking into account any language barriers or literacy issues.
Record Keeping
Maintaining comprehensive and up-to-date records of fire safety inspections, testing, maintenance, and remedial works is an essential part of HMO licence compliance.
Local authorities will expect to see records of fire detection system testing and servicing, fire door inspections, EICR and remedial works, gas safety certificates, PAT testing where applicable, and emergency lighting testing.
These records must be made available to the local authority on request, and failure to maintain adequate records can jeopardise the licence and undermine the landlord’s ability to demonstrate compliance.
What Happens if You Don’t Meet the Fire Safety Standards?
The consequences of failing to meet the fire safety standards required for HMO licensing are serious and potentially far-reaching.
A local authority that identifies fire safety deficiencies in a licensed HMO can require remedial works as a condition of licence renewal, refuse to grant or renew a licence until deficiencies are addressed, revoke an existing licence where serious deficiencies are identified, impose financial penalties of up to £30,000 for certain Housing Act offences, serve improvement notices or prohibition orders under the Housing Act 2004 requiring remedial works or restricting occupation, and refer serious fire safety concerns to the fire and rescue service for enforcement action under the RRO.
Where a landlord operates an HMO without a licence, they commit a criminal offence under Section 72 of the Housing Act 2004 and can be prosecuted, fined, and made subject to a rent repayment order requiring them to repay up to twelve months of rent received during the period of unlicensed operation.
We Can Help
At ESI: Fire Safety, we work with HMO landlords and managing agents to ensure that their properties meet the fire safety standards required for HMO licensing and comply with the full range of fire safety legislation applicable to residential properties.
From fire risk assessments and fire door inspections through to advice on fire detection systems, means of escape, emergency lighting, and the management of fire safety documentation, our team provides the expertise and support you need to obtain and maintain your HMO licence and keep your tenants safe.
If you are applying for an HMO licence for the first time, preparing for a licence renewal, or concerned about the fire safety standards of your existing licensed properties, get in touch with our team today.
Further Reading and Key Legislation:
Housing Act 2004: https://www.legislation.gov.uk/ukpga/2004/34/contents
Licensing of Houses in Multiple Occupation (Mandatory Conditions of Licence) (England) Regulations 2018 (SI 2018/221): https://www.legislation.gov.uk/uksi/2018/221/contents/made
Regulatory Reform (Fire Safety) Order 2005 (SI 2005/1541): https://www.legislation.gov.uk/uksi/2005/1541/contents/made
Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 (SI 2022/702): https://www.legislation.gov.uk/uksi/2022/702/contents/made
Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 (SI 2020/312): https://www.legislation.gov.uk/uksi/2020/312/contents/made
Gas Safety (Installation and Use) Regulations 1998 (SI 1998/2451): https://www.legislation.gov.uk/uksi/1998/2451/contents/made
Furniture and Furnishings (Fire Safety) Regulations 1988 (SI 1988/1324): https://www.legislation.gov.uk/uksi/1988/1324/contents/made
BS 5839-6:2019 Fire detection and alarm systems for buildings: https://www.bsigroup.com
BS 8214:2016 Timber-based fire door assemblies: https://www.bsigroup.com
BS 5306-3:2017 Commissioning and Maintenance of Portable Fire Extinguishers: https://www.bsigroup.com
BS 5266-1:2016 Emergency Lighting: https://www.bsigroup.com
GOV.UK guidance on HMO licensing: https://www.gov.uk/renting-out-a-property/houses-in-multiple-occupation
This post is intended as a general guide. HMO licensing conditions vary significantly between local authority areas, and the fire safety standards applicable to any specific property will depend on its size, layout, occupancy, and the requirements of the relevant local authority. Always seek advice from a qualified fire safety professional and engage with your local authority for guidance specific to your property.
