Is it an HMO?

boxwood

A detached property currently arranged as 2 maisonettes, one ground floor, one upper floor, both with own front door to street, each separate ownership. The owner of the upper one does a loft conversion to create a new separate self contained flat with its own front door to street on ground floor. If both the upper flats are rented out, to separate tenants, do they together become an HMO or are they each separate properties?

OscarFoxtrot

separate properties by the sounds of it.

anselld

It may be a section 257 hmo if any part of the conversion including the previous conversion does not meet building regulations. Otherwise it is just separate units.

The creation of the new unit would require planning permission.

D_M_E

So it's a property that has been converted into two dwellings, with each dwelling now owned by separate owners.

Was planning permission given for the original conversion?

Does each one have its own council tax band?

Who owns the freehold?

If it's jointly owned by both demises, does the upper owner have permission from all freeholders to do the conversion, or if owned by some other owner, does upper owner have permission from that freeholder?

How would separate energy/water supplies be made to the new property?

How would asccess be created inside the existing properties - what you describe is creating access from existing space - how would this impact the lower demise?

Would the newly created living space have its own council tax banding?

boxwood

So it's a property that has been converted into two dwellings, with each dwelling now owned by separate owners.

Was planning permission given for the original conversion?


The current property has always been 2 flats it was built as such.

The question is whether the upper flat creating a new 3rd flat, and both flats 2 and 3 being rented out, creates a HMO?

Does each one have its own council tax band?

Yes flat 1 and 2 are separate dwellings

Who owns the freehold?

Flat 2, which is creating new flat 3

If it's jointly owned by both demises, does the upper owner have permission from all freeholders to do the conversion, or if owned by some other owner, does upper owner have permission from that freeholder?

Flat 2 is the freeholder.

How would separate energy/water supplies be made to the new property?

Don't the utility companies do this?

How would asccess be created inside the existing properties - what you describe is creating access from existing space - how would this impact the lower demise?

No impact on ground floor flat.

Would the newly created living space have its own council tax banding?

What determines whether it does or not?

lincroft1710

boxwood wrote: »

Would the newly created living space have its own council tax banding?

What determines whether it does or not?

If a property has facilities for preparation of food, washing, living and sleeping and a WC and is not accessed via the living room or bedroom of another dwelling then it is a dwelling in its own right and subject to its own CT band.

There only needs to be enough room for a bed to satisfy the living and sleeping aspect.

boxwood

If a property has facilities for preparation of food, washing, living and sleeping and a WC and is not accessed via the living room or bedroom of another dwelling then it is a dwelling in its own right and subject to its own CT band.

Thanks. So if that is the case, does the owner need to notify and request registration/evaluation for Council tax, or is that done automatically at Planning Permission?

Does the creation of a new dwelling for Council Tax also mean the new flat becomes a separate property, i.e. if flat 2 were to be sold new flat 3 would not be part of it? Does the land registry have to be notified of the new flat and change of internal layout of flats 2 and new flat 3?

If flat 2 is the freeholder does new flat 3 become a leasehold flat even though it was created from the hall and roof space of flat 2?

CIS

boxwood wrote: »

If a property has facilities for preparation of food, washing, living and sleeping and a WC and is not accessed via the living room or bedroom of another dwelling then it is a dwelling in its own right and subject to its own CT band.

Thanks. So if that is the case, does the owner need to notify and request registration/evaluation for Council tax, or is that done automatically at Planning Permission?

Does the creation of a new dwelling for Council Tax also mean the new flat becomes a separate property, i.e. if flat 2 were to be sold new flat 3 would not be part of it? Does the land registry have to be notified of the new flat and change of internal layout of flats 2 and new flat 3?

If flat 2 is the freeholder does new flat 3 become a leasehold flat even though it was created from the hall and roof space of flat 2?

You would need to advise the VOA to make certain as the council don't always advise them of new property that they are aware of.

A council tax banding does not create a separate legal title for the property, that would have to be dealt with and registered with the land registry.

lincroft1710

When you apply for planning permission and permission is granted then the banding process should be set in motion. Council Tax legislation does not impact on any other legislation, so depending on any conditions imposed by the pp, "Flat 3" may or may not be part of Flat 2.

Sorry but can't help with your other queries

sevenhills

boxwood wrote: »

A detached property currently arranged as 2 maisonettes, one ground floor, one upper floor, both with own front door to street, each separate ownership. The owner of the upper one does a loft conversion to create a new separate self contained flat with its own front door to street on ground floor. If both the upper flats are rented out, to separate tenants, do they together become an HMO or are they each separate properties?

Why are you asking?