Greater Nottingham Landlords Electronic Newsletter - www.nottslandlordinfo.co.uk Partner logos

Issue 25 - July 2011

Welcome to the April 2011 edition of the Greater Nottingham Landlords' Electronic Newsletter.

Contents

  1. Article 4 Direction Relating to Houses in Multiple Occupation Consultation ends 27 April 2011 - Nottingham City Council is proposing changes to planning rules relating to Houses in Multiple Occupation (HMOs) ....
  2. Gedling Borough Council issues warning about illegal loft conversions - Gedling Borough Council is warning people that if they intend to convert an existing loft space into additional rooms they must apply for Building Regulation Approval ...
  3. Space Provision in House in Multiple Occupation (HMO) - As part of the HMO licensing process Nottingham City Council (NCC) adopted the guidance on space provision for licensable and non licensable HMOs in August 2008....
  4. Warm Front Scheme Eligibility (from 14th April 2011) - To qualify for Warm Front a person must live in their own home or rent privately and the property must have a SAP rating of 55 or under ....

Article 4 Direction Relating to Houses in Multiple Occupation Consultation ends 27 April 2011

Nottingham City Council is proposing changes to planning rules relating to Houses in Multiple Occupation (HMOs) so that it will become necessary to obtain planning permission to convert a family dwelling (Use Class 3) to a HMO with between 3 and 6 unrelated people sharing (Use Class C4) throughout the whole of the Nottingham City Council area. Planning permission is already required for properties shared by more than 6 unrelated people.

It is proposed that the rule changes will take effect from March 2012 through the introduction of an 'article 4 direction' that removes the current permitted development right to convert a C3 family dwelling to a C4 HMO. An article 4 direction does not prevent the development to which it applies, but instead requires that planning permission is first obtained from the City Council for that development.

Further details and a copy of the direction, including a map defining the area covered, is available to view on the Nottingham City Council planning website at www.nottinghamcity.gov.uk/planning

If you wish to make representations about the proposals you may do so by email to ldf@nottinghamcity.gov.uk or by post to the Planning and Transport Strategy Team, Nottingham City Council, Loxley House, Station Street, Nottingham, NG2 3NG. Any representations must be received by 5pm on Wednesday 27th April 2011 and include a name and a postal or email address

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Gedling Borough Council issues warning about illegal loft conversions

Gedling Borough Council is warning people that if they intend to convert an existing loft space into additional rooms they must apply for Building Regulation Approval. The warning comes after a landlord of a house in Arnold has been issued with a prohibition order after the loft space was converted into a bedroom, without the councils approval.

The property was brought to the councils attention when it caught on fire on 1 January 2011. Fire fighters struggled to access the loft space as the hatch was not wide enough for them to fit through whilst wearing their breathing apparatus. The tenants living in the house on Furlong Avenue escaped with assistance from the Fire service and were treated for smoke inhalation.

Nottinghamshire Fire and Rescue Service asked the councils Environmental Health Officers from the Public Protection Section to investigate to use of the loft space as the property was rented. The council found that the conversion did not have Building Regulation approval. The prohibition order issued to the landlord and tenants means that the loft space and the house cannot be occupied until the loft meets building regulation standards, and the electrics and damage from the fire has been corrected.

A loft conversion must meet a number of conditions before approval is given. These conditions are set to ensure that anyone using the room can escape easily and safety in the event of a fire.

David Ewing, Building Control Manager at Gedling Borough Council, said: "As people decide to extend and improve their homes, rather than move, they need to remember that they will need to notify us of any changes to the size of the house and the amount of occupied rooms. A loft conversion can be a cost effective way of space within a house but it is essential that the room is safe for people to use it. Carrying out work without the necessary permissions may also invalidate their house insurance in the event of a fire or structural problems. We are happy to offer advice to anyone who is considering converting their loft space."

For information on loft conversions and Building Regulations visit www.gedling.gov.uk

and click on the Building Control section of the website, or call Gedling Borough Councils Building Control team on 0115 901 3740.

If you live in the Gedling area in rented accommodation and have significant concerns about disrepair or safety issues visit: www.gedling.gov.uk

and click on the Private Sector Housing Section, Disrepair and Unsafe Conditions or call the Councils Customer Contact Centre on 0115 901 3972.

For more information contact the Communications Team on 0115 901 3773 or 0115 901 3801 or email carrie.mcmurdo@gedling.gov.uk

For all the latest news and events, follow @GedlingBC on Twitter.

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Space Provision in House in Multiple Occupation (HMO)

As part of the HMO licensing process Nottingham City Council (NCC) adopted the guidance on space provision for licensable and non licensable HMOs in August 2008. The guidance specifies that a one person room where there is adequate dining space elsewhere and where cooking facilities are not provided in the room that the bedroom size is a minimum of 8m2.

Bedrooms in HMOs where there is adequate dining space elsewhere and where cooking facilities are not provided in the room.

One person room - 8 square metres

Two person room - 12 square metres

Three person room - 17 square metres

Four person room - 22 square metres

A general note is given at the end of the NCC space provision:

'The dimensions and areas specified shall normally be regarded as minima, particularly with regard to new proposals. However it is recognised that existing buildings cannot always achieve these minima. A degree of flexibility will sometimes be possible if other compensating features are present. Conversely it should be noted that irrespective of the dimensions, the shape and useable living space of any room is a determining factor in the calculation of the maximum number of people for which it is suitable.'

When inspecting a property the officer takes into consideration the NCC adopted guidance and the characteristics of a property before implementing any conditions within the licence document.

An appeal was recently taken by a landlord to the Residential Property Tribunal (RPT) in respect of a condition on a licence to increase the head height of a loft bedroom to allow the tenant the full 8mē bedroom size for head height.

The bedroom was under the guidance specified measurement of 8m square and the ceiling impeded on the overall bedroom size therefore reducing the usable space within the bedroom to below 6m2. A measurement of 1.53m head height was used and any floor space under this measurement was disregarded.

After receiving documentation for and against the condition the RPT carried out an inspection of the property in question. The RPTs decision upheld the licence condition issued by Nottingham City Council.

The decision can be found at www.rpts.gov.uk/Files/2011/March/6000428A.pdf

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Warm Front Scheme Eligibility (from 14th April 2011)

To qualify for Warm Front a person must live in their own home or rent privately and the property must have a SAP rating of 55 or under (this will be assessed at the beginning of the Technical Survey)

A householder that is entitled to the Cold Weather Payment should qualify for Warm Front if their property also has a SAP rating of 55 or under.

A householder or their spouse must be in receipt of one of the following:

Pension Credit

Income Support or Income-based Jobseeker's Allowance and have any of the following:

Income-related Employment and Support Allowance (ESA) which includes a work related activity or support component and have any of the following:

Warm Front contact details, householders can apply by: Freephone 0800 316 2814

On line: www.warmfront.co.uk

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