Overcrowding Standards
The aim of this information is to explain in general terms the “Overcrowding Standards” for Houses in Multiple Occupation.
For simplicity, minor details, definitions and legislation references have been omitted. However, if you are in doubt or require any advice or information do not hesitate to contact housing@fylde.gov.uk or call the Housing Team on 01253 658658
What is a House in Multiple Occupation?
A House in Multiple Occupation (HMO) is a building occupied by persons who do not live as a single household.
Why do we need ‘Overcrowding Standards’?
People require adequate space in which to live and sleep. It has been known for many years that ‘overcrowded’ conditions detrimentally affect both physical and mental health.
These standards set out both the numbers of people who can be accommodated in the property together with the minimum floor area of each room used for sleeping.
What situation's do the standards apply to?
The standards apply only to living rooms and bedrooms (or any area used for sleeping). The standards do not apply to kitchens, bathrooms or storerooms.
There are two standards:-
(a) Those that cover the size of an eligible room (Table A).
(b) Those that cover the number of eligible rooms in a flat (Table B).
How are calculations made for the standards?
There are two different methods of calculation used which are described below. In both calculations adults are counted as one unit, children under ten years as half a unit and children under one year are not counted at all.
How are rooms measured?
The measurement of rooms should be taken at floor level to the back of all projecting skirtings and carried out so as to:
a) Include the floor space in a bay window or an area covered by fitted cupboards.
b) Exclude any area occupied by projecting chimney breasts.
c) Exclude any part of a room where the floor to ceiling height is less than 5 feet (1.53 metres).
How are the calculations made?
On measuring the room refer to Table A and this will tell you the maximum number persons allowed to sleep in it.
Table A showing floor area per person for HMO
| Floor area of room |
Number of persons |
| Under 50 square feet (4.65 metres) |
Nil |
50 square feet (4.65 metres) or more
but less than 70 square feet
(6.51 square metres) |
Half |
70 square feet (6.51 metres) 1
or more but less than 90 square feet
(8.37 square metres) |
1 |
90 square feet (8.37 metres) or more
but less than 110 square feet
(10.23 square metres) |
1 and a half |
110 square feet (10.23 square metres)
or more |
2 |
For every additional person add 50 square feet or 25 square feet for a ½ Unit.
If the letting is only one room as found in a hostel, bed and breakfast accommodation, sleeper accommodation or a bedsit, then refer to Table A above.
If the letting has more than one eligible room e.g. a self contained flat, then refer first to Table A and then to Table B below and the lower of the two figures arrived at is the permitted number of people who can occupy the flat.
Table B More than one eligible room
| Number of rooms |
Number of Persons |
| 1 |
2 |
| 2 |
3 |
| 3 |
5 |
| 4 |
7 and a half |
| 5 or more |
2 for each room |
Is there more than one kind of overcrowding?
As well as rooms being overcrowded ‘numerically’, they can be subject to “moral overcrowding”. To prevent this kind of overcrowding, older children of different sexes or, men and women not living as man and wife, must not have to share a sleeping room.
Do the standards have legal force?
The powers for enforcing these standards are contained in the Housing Act, 1985 (as amended). There are penalties of up to £2,500.
It is an offence for an owner or manager and sometimes a resident to breach these standards.
The standards are enforced by the Housing Section of the Council. Email housing@fylde.gov.uk or call the Housing Team on 01253 658 658 for more information.
