South West

HMO licensing in Torbay

Torbay Council requires a mandatory licence for HMOs occupied by 5 or more people from 2 or more households. No additional or selective licensing scheme is currently in force in Torbay (checked September 2026). The published licence fee starts at £2,007 (£1,709 to renew).

Mandatory licence

5+ people, 2+ households

National scheme

Additional / selective

None in force

Mandatory licensing only

Licence fee

From £2,007

Renewal £1,709

Decision time

Not published

Licensing schemes in Torbay

Torbay Council operates the national mandatory scheme. We found no additional or selective licensing scheme in force or proposed as of September 2026. Councils can introduce one after a public consultation, so it is worth setting an alert.

Licence fees

The published fee for a new HMO licence is £2,007, and £1,709 to renew. Fees can depend on the number of occupants or lettings, and they are reviewed each year.

Fees confirmed directly from the council's live 'Apply for an HMO licence' page (fetched September 2026), which publishes a fee table split into two non-refundable-once-paid parts: Part 1 ('Processing the application') and Part 2 ('Managing the licence', paid only after approval). New application: £2,007 total (£485 Part 1 + £1,522 Part 2). New application where the council has had to enforce/investigate an unlicensed property first ('enforced'): £2,859 total (£485 + £2,374). Renewal application: £1,709 total (£428 + £1,281). Renewal (enforced): £2,054 total (£428 + £1,626). Licences run for up to 5 years. The page states applicants 'can pay all at once or in two parts' but the application is not complete until all fees are paid. No accredited-landlord discount is mentioned anywhere on the fee table or the surrounding application-guidance text (checked directly, no reference to 'discount' or 'accreditation' affecting price) — the fee appears to be a flat rate not scaled by occupant/bedroom numbers, unlike some neighbouring councils.

Fee source: torbay.gov.uk. Fees change during the year, so check the council before you apply.

Minimum room sizes

Single bedroom6.51 m² (Torbay's own 'Sleeping rooms not containing cooking facilities' standard, Appendix 2 Table 2 of the council's November 2019 'House in Multiple Occupation (HMO) Standards' guide, mirroring the national statutory minimum under SI 2018/616). Note this differs from the council's separate 'bedsit' standards in Part 7 of the same document, which require far more space where a room combines sleeping, living AND cooking: a 1-person bedsit with a separate shared kitchen must be at least 8 m², and a 1-person bedsit with its own cooking facilities must be at least 13 m².
Double bedroom10.2 m² (Torbay's own Appendix 2 Table 2 standard for a 2-person sleeping-only room; the council rounds to 10.2 m² where the national statutory figure is 10.22 m² — treated here as equivalent). Torbay's separate 2-person bedsit standards (Part 7) require 14 m² where a shared kitchen is used elsewhere, or 19 m² where the room has its own cooking facilities.
Child under 104.64 m² — NATIONAL statutory fallback under the Licensing of Houses in Multiple Occupation (Mandatory Conditions of Licences) (England) Regulations 2018 (SI 2018/616). Torbay's own HMO Standards document (Nov 2019) does not publish a separate child-specific room size; its own tables only set whole-room occupancy capacities (e.g. a room of at least 6.51 m² but under 10.2 m² is capped at 1 occupant of any age).

National minimums for licensed HMOs are 6.51 m² for one adult and 10.22 m² for two adults; councils can apply higher local standards.

Fire safety requirements

  • Owners/managers must carry out (and keep a written record of the significant findings of) a fire risk assessment under the Regulatory Reform (Fire Safety) Order 2005; the level of precautions expected depends on the assessed risk category of the accommodation (e.g. a family-style house share is lower risk than temporary/homeless accommodation).
  • All units of accommodation and communal areas are expected to have automatic fire detection, emergency escape route lighting, and portable firefighting equipment as identified by the fire risk assessment. A full 30-minute protected escape route to an ultimate place of safety is typically required, kept clear of stored items and ignition/combustible sources.
  • All kitchens must have a suitably sited fire blanket (not immediately adjacent to or over the cooker), an appropriate automatic fire detector, and a 30-minute self-closing fire door set with cold smoke seals and intumescent strips.
  • Annual service/maintenance certificates are expected for: automatic fire detection and warning systems (BS 5839 Part 1 or Part 6, as appropriate), emergency escape lighting (BS 5266-8:2004 / BS EN 50172:2004), and fire extinguishers where provided (BS 5306-3 plus manufacturer's recommendations). The council references LACORS 'Housing – Fire Safety' guidance (July 2008) as its benchmark.
  • Grade A fire detection systems must be tested by a competent person (e.g. a reputable alarm installation company) who issues an annual certificate; Grade D and battery-only systems can be tested by the owner/manager themselves, following the manufacturer's instructions.
  • The Regulatory Reform (Fire Safety) Order 2005 also covers HMO common parts and is enforced by Devon and Somerset Fire and Rescue Service, who may require additional precautions following consultation with the council.

Kitchen, bathroom and amenity standards

  • Shared WC/bathroom ratio (council-specific scale): up to 5 occupiers = 1 WC + 1 bath/shower; 6-7 occupiers = 2 WCs + 2 baths/showers (WCs may be within the bathrooms); 8-10 occupiers = 2 WCs + 2 baths/showers (at least 1 WC must be separate from the bathroom); 11-15 occupiers = 3 WCs + 3 baths/showers (at least 2 WCs must be separate from the bathroom). A wash hand basin with hot/cold water must be in every separate WC, and in licensable HMOs 1 wash hand basin per unit/room is expected wherever reasonably practicable. No personal washing facility should be more than one floor distant from its users.
  • Shared kitchen provision (council-specific scale): up to 5 occupants = 1 cooker (oven, grill, 4-ring hob); 6-7 occupants = 1 cooker + 1 microwave oven with grill; 8-10 occupants = 2 cookers. Also required per 5 occupiers/unit: 1 sink and drainer, 4 single (or 2 double) sockets, 2m x 0.6m of worktop, a double wall unit or single base unit (0.16 m³) of lockable storage per occupier, and a standard 73-120 litre fridge with adequate freezer compartment per occupier/unit (or separate freezers if no freezer compartment).
  • Kitchens for exclusive use (not shared): a 1-person bedsit needs a 2-ring hob plus oven/grill (or 2-ring hob with combination microwave/grill); a 2-person bedsit needs a 3-4 ring hob and oven/grill. Each unit needs its own sink/drainer, 4 single/2 double sockets, worktop of 1m x 0.6m per 2 occupiers, storage of a double base unit or 1.5 single wall units per 2 occupiers, and a fridge with adequate freezer compartment.
  • If a kitchen is more than one floor from its users, a communal living or dining space must be provided on the same floor as, or within one floor of, the kitchen. An extractor fan is mandatory in all kitchens regardless of window provision.
  • Natural lighting: every habitable room should (where practicable) have a clear-glazed window/door area equal to at least 1/10th of the floor area; ventilation should be by an openable window of at least 1/20th of the floor area, with mechanical ventilation to current Building Regulations required in kitchens/bathrooms/WCs where a window is not practicable.
  • Room height/usable space: only floor area with a ceiling height over 1.5 m counts; rooms must have a minimum floor-to-ceiling height of 2.1 m over at least 75% of the room area (per Appendix 2). Single rooms must be at least 1.8 m wide; rooms for two or more persons at least 2.3 m wide. Built-in storage counts towards floor area; en-suites and solid chimney breasts do not.
  • Minimum security standards reference the 'Secured by Design' Police Preferred Specification: external/entrance door locks to BS 3621:2007 (openable from inside without a key), and window security to BS 7950:1997 supported by the relevant material-specific British Standards.

Documents you will need

  • Gas safety certificate — Required if applicable (i.e. where gas appliances are provided); must be an annual inspection by a Gas Safe registered engineer.
  • Electrical Installation Condition Report (EICR) — Inspection and test to BS 7671 by a competent person (e.g. NICEIC or ECA registered); a current certificate should be kept available and renewed at least every 5 years.
  • Layout plans — Plans for each floor showing room dimensions (per the Devon-wide amenity standards), room amenities (e.g. cooker location), smoke detectors, heat detectors, escape windows, and door positions.
  • PAT test results — Portable Appliance Testing records for any landlord-supplied electrical goods over 1 year old (fridges, freezers, microwaves, kettles etc.), tested annually by a competent person.
  • Fire alarm and emergency lighting certificate(s) — Annual service/test certificates for the fire detection and warning system (BS 5839 Part 1 or 6) and, where fitted, emergency lighting (BS 5266-8).

Sources

Compiled from the council’s own published pages and documents; data reviewed September 2026. Rules and fees change, so always confirm with Torbay Council before applying. This is general information, not legal advice.

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