In Scotland, HMO licensing generally applies where three or more people from three or more families occupy the accommodation as their only or main residence and share basic amenities.
All parts must be checked against the actual occupation and any statutory exceptions.
Six checks before relying on an HMO
- Confirm the occupation
Count the people and families, establish whether this is their only or main residence, and identify shared toilets, bathrooms or cooking facilities.
- Identify the licensing authority
The council where the property is located handles the application, fee, inspections and conditions. Operating a licensable HMO without a licence is a criminal offence.
- Check the people and management
The owner, any agent and the management arrangements are assessed alongside the suitability and physical condition of the accommodation.
- Check planning separately
Creating an HMO does not always need planning permission, but it may be a material change of use. Ask the planning authority for the property-specific position.
- Verify safety and standards
Review the council's HMO standards, occupancy limit, room/facility provision, electrical and gas records, fire risk assessment and any licence conditions.
- Plan for ownership transfer
If the buyer is already on the council's landlord register, an existing licence can continue for one month after purchase. A new application made within that month can keep it in force until determined. Without registration, it expires on transfer.
Official Scottish guidance
Use the relevant council guidance for the property address because fees, evidence and local standards vary.
Important: General information only, checked on 1 September 2026. It is not legal, tax, planning, fire-safety or financial advice. Confirm the position with relevant Scottish local authority and qualified advisers before committing to a purchase, sale or letting.
