Does your HMO in Northern Ireland need a fire risk assessment?

Is my property an HMO?

Your property is an HMO if three or more people live there as their only or main home, they form more than two households, and at least one of them pays rent. Full time students who live there in term time count as living there as their main home, and some buildings are excluded, such as those managed by the Housing Executive or a registered housing association. That is the core test in section 1 of the Houses in Multiple Occupation Act (Northern Ireland) 2016, which says a building or part of a building is an HMO if “it is occupied by 3 or more persons as their only or main residence” and “those persons form more than two households”.

The Act has been in operation since 1 April 2019, when local councils took over the regulation of HMOs in Northern Ireland.

Does an HMO need a fire risk assessment?

Yes. Fire safety law requires one, and the council asks for one before it will license the property. Section 7(1) of the 2016 Act says every HMO must be licensed unless the council has issued a temporary exemption notice, and the licence is issued by the council for the district.

Belfast City Council runs the licence process “on behalf of each of the local councils across Northern Ireland”. Its guide for applicants says “the council will require the applicant to produce a current suitable and sufficient Fire Risk Assessment (FRA)”. The applicant also declares that the property “will be managed in accordance with the requirements of the Northern Ireland HMO Fire Safety Guide”.

Fire safety law applies as well. Article 50 of the Fire and Rescue Services (Northern Ireland) Order 2006 says that “domestic premises” “does not include a house in multiple occupation”, so an HMO counts as relevant premises under the Order, and Article 26 requires whoever has control of relevant premises to carry out an assessment of them. The Northern Ireland Fire & Rescue Service (NIFRS) guide states that “NIFRS is the enforcing authority.”

When should the assessment be done?

Before anyone moves in. The NIFRS HMO Fire Safety Guide says “Before an HMO is occupied, a detailed fire safety risk assessment should be completed in accordance with Article 25 and 26” of the 2006 Order. If the house is already let, arrange the assessment now, then review it regularly and whenever something significant changes.

The guide also says “It is a legal requirement for the significant findings of the fire risk assessment to be recorded”. A written report gives you that record, and it is the document the council will ask to see.

Who carries out the assessment?

A competent person. The NIFRS guide says the assessment should be carried out by “a competent person with sufficient technical knowledge”.

The council asks the person applying for the licence to produce the assessment, so it makes sense to arrange the fire risk assessment for HMO licensing before you send in the application.

What does an HMO fire risk assessment look at?

It looks at how people in the house would be warned of a fire, how they would get out safely, and whether the fire safety measures are kept in good order. The NIFRS guide covers these topics:

• the fire alarm and detection system
• means of escape and travel distances
• fire doors
• firefighting equipment
• escape lighting
• fire safety signs
• occupants who may need help to escape
• maintenance

Many of the details depend on the property. The guide sets alarm systems to BS 5839, and the type of system depends on the category of HMO, the number of storeys, the floor area and how many people live there. Where a one or two storey HMO has a protected escape route, it says all doors on that route should be FD30S fire doors fitted with a self closing device, except for a bathroom, WC, hot press or cupboard. The rules differ for taller houses and flats. It also says “A fire blanket shall be installed in each kitchen in accordance with BS 7944.”

Emergency lighting is not always needed. The guide says it “is not required in 1, 2 and 3 storey HMOs” unless the escape route is complex or lengthy, “the HMO is occupied by more than 6 persons”, or no borrowed light is available.

The licence brings its own conditions too. Belfast City Council’s standard licence conditions include: “Emergency egress windows shall not be lockable with a key.”

What happens if an HMO has no licence?

It is a criminal offence. Belfast City Council’s guide says “It is a criminal offence to operate an HMO without a licence or breach licensing condition.” Sections 30 and 31 of the 2016 Act set fines of up to £20,000 for running an unlicensed HMO and up to £10,000 for breaching a licence condition, and a court can also revoke the licence and disqualify the owner from holding one for up to five years.

I carry out fire risk assessments for HMOs in Belfast and across Northern Ireland. Each one ends with a written report of the significant findings that you can send with your licence application.