What is a HMO?
A HMO is a House in Multiple Occupation, meaning more than one household lives there. A property is considered a HMO if:
• At least 3 people live there, forming more than 1 household.
• Those people share toilet, bathroom and/or kitchen facilities.
If at least 5 people live there forming more than 1 household and sharing facilities, then it’s considered a large HMO. HMOs form a vital part of the housing market, especially in cities with high demand for affordable accommodation. But when a standard house is being converted into an HMO, it often raises concerns and even upset among the neighbours.
Why the Concern?
Essentially it boils down to having many more neighbours than they used to have! Instead of one household in the house, a HMO means there will be multiple, which means more noise and risk of disturbance, more rubbish being produced, more parking issues in already congested areas, a lack of maintenance, an anticipated dip in average property value in the area, changes in character of the property and a general loss of a family home. It’s a lot to worry about!
Of course, it’s unfair to say that all HMOs cause all these problems. Or even some of them! But sadly, some are poorly managed, and those do tarnish the responsible landlords out there who want to provide quality homes for people as well as make a profit. And when a developer wants to convert a building into a HMO, it’s very common for neighbours to get anxious and even dissent to the works when party notices are served.
Why do Party Wall Notices Cause Friction?
If a developer is doing any notifiable works to a property, like converting a loft, cutting into the party wall to insert steels, adding rear extensions that connect to shared walls or excavating near a neighbour’s foundations, they’re legally required to serve notice to the neighbours under the Party Wall etc Act 1996. And when the neighbours receive this notice, they have the option to respond. Since tensions are usually running high at this point, getting the notice can trigger an emotional response, even if the works are similar to what a standard house extension would be.
Even if the work itself is reasonable, it can still feel like a red flag for neighbours who were on the fence about the idea of next door becoming a HMO. We often speak to neighbours who express how upset and worried they are when they get a notice before planning is even granted. And it’s often worse if the new owners haven’t even made an effort to talk to the neighbours before serving notice. That’s the main reason we see a very high rate of dissent to party wall notices in HMO situations, they’re often a way to slow the project down or voice their concerns. This is bad news for developers, since dissent to a party wall notice can delay the build, increase costs, and damage relationships with neighbours before works even start.
What Can Developers do to Smooth the Process?
It really is in the best interests of developers to make sure the party wall notice process goes smoothly. And luckily, there are a few things you can do. Our first tip is to engage early. Make a point of speaking to the neighbours before you serve notices. Explain what you’re doing and why, and then listen to their concerns. After all, the property might be a business investment for you, but for the neighbours it’s part of their daily home life. It’s understandable that they might be worried or upset, and feeling like they’re being heard can go a long way to assuage their fears. And make sure you offer reassurance and address their worries honestly. For example, explain how rubbish bins will be stored, how parking will be managed and noise handled.
Secondly, be transparent from the start and don’t hide your intentions. Share drawings, timelines and contact information with the neighbours, so that they are informed and understand what’s happening next door. Where you can, invest in quality. A well-designed and well-managed HMO is far less likely to upset neighbours in the beginning and the long term. So don’t just choose the cheapest people to help you – it’s more likely to come back to bite you. This is particularly important when it comes to your party wall surveyor. Using an experienced surveyor can help you present your intentions professionally, fairly and manage the notice process smoothly.
Remember, the Party Wall Act doesn’t give you a free pass to carry out work however you want. It requires you to think about and protect your neighbour’s property too.
Advice for Neighbours
If you’re a neighbour who has received notice about an HMO conversion, try not to panic. You have 3 options available right now, and it’s important you understand them both before you decide. You have the right to:
• Consent to the notice, with or without conditions.
• Dissent.
• Speak to a surveyor to ask questions before you make a decision and respond.
While consenting is a reasonable response to a party wall notice, don’t let the building owner or their surveyor pressure you into consenting if you don’t feel it’s right, or if you aren’t sure.
Dissenting doesn’t mean you’re saying no to the work entirely either. It just means you want formal protections in place through a party wall award to make sure the works are carried out safely, and with accountability. While you might want to stop the developer building the HMO, the reality is that once they have got planning permission and a licence, there isn’t anything you can do to stop the works. Instead, the party wall process is there to make sure that when they do carry out the works, you and your property are protected.
You can also request something called a schedule of condition to be done. This document records the state of your property before the works begin. That way, if any damage is done during the build, it can be properly assessed and resolved.
Most importantly, if you have concerns about noise, changes in occupancy or other things that might impact your home and life, it’s important to raise them with the developer. Some of them might not fall under the Party Wall Act, but it’s still your home, your concerns still matter, and they should be answered properly.
Beyond Party Walls
It’s important for both parties to understand that party wall matters are just one piece of the puzzle. HMO conversions might also need planning permission, HMO licensing through the local council, compliance with building regulations and fire safety upgrades. There’s a lot to remember! If you’re ever not sure if a conversion is legal, check with your local authority. For developers, it’s important to follow the party wall procedure properly. It doesn’t just protect you legally, it builds trust with the people living next door and reduces long-term friction. A little consideration now will make for a much smoother project in the long run.
HMO conversion can be successful projects, if they’re well-managed from the start. That means knowing and understanding your responsibilities as a developer, and making sure neighbours are aware of their rights as well. If you’d like advice on either serving or responding to a party wall notice for a HMO conversion, feel free to get in touch with Harrison Clarke today. Our team of party wall experts are on hand and will be to help.
For more expert advice on surveying and property matters, check out our range of informative videos on our website or YouTube channel. Harrison Clarke Chartered Surveyors is here to guide you every step of the way!
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