Birmingham Selective Licensing Conditions: What Your Licence Requires

Getting the licence is not the end of the process. Every Birmingham selective licence comes with mandatory conditions under Section 90 of the Housing Act 2004, and breaching any of them carries the same penalties as operating without a licence — civil penalties up to £40,000 per offence since May 2026.

Most landlords focus entirely on the application and forget that the conditions run for the life of the licence.

The Standard Conditions

Birmingham City Council attaches a set of core conditions to every selective licence. These are not optional, and the council uses risk-based inspections to check compliance.

Fire safety. Install and maintain working smoke alarms on every storey used as living accommodation. Fit carbon monoxide alarms in every room with a fixed fuel-burning appliance. Test them regularly and keep records.

Gas safety. Supply the council with a current gas safety certificate every year. The certificate must be issued by a Gas Safe registered engineer and renewed before the previous one expires. If the council requests it, you must produce the certificate on demand.

Electrical safety. Maintain a valid EICR showing "Satisfactory" — renewed every five years. If an inspection reveals C1 or C2 defects, you have 28 days to complete remedial work and provide proof.

Tenancy statements. Provide every tenant with a written statement of the terms of their tenancy. This is a legal requirement regardless of licensing, but the licence condition formalises it as an enforceable obligation with penalty backing.

Anti-social behaviour procedures. You must have documented procedures for dealing with complaints about anti-social behaviour by your tenants or their visitors. This does not mean you are responsible for your tenants' behaviour — it means you must have a process for receiving complaints, investigating them, and taking reasonable steps in response.

Waste management. Provide suitable bin storage and ensure tenants know the local collection schedule. The council looks for visible evidence that waste is being managed — overflowing bins or dumped rubbish outside a licensed property can trigger a condition-breach investigation.

Tenant Reference Conditions

Some Birmingham selective licences include a condition requiring you to obtain references for new tenants. This typically means taking up a reference from the previous landlord or letting agent and retaining the record.

Keep a written record of any references obtained, as the licensing condition can require written tenant reference records. This is one of the most commonly overlooked conditions, and inspectors may ask to see the records.

What Happens If You Breach a Condition

Breaching a licence condition is an offence under Section 95(2) of the Housing Act 2004. The council can issue a civil penalty notice of up to £40,000 per offence, or pursue criminal prosecution in the Magistrates' Court, which carries an unlimited fine.

The penalties are per offence, not per property. Separate condition breaches may be treated as separate offences, each carrying its own potential penalty.

Keeping Track

The practical challenge is not understanding the conditions — it is maintaining compliance across years, especially if you manage multiple properties. Gas certificates expire annually. EICRs need renewing every five years. Smoke alarms need testing. Reference records need filing.

The Birmingham Landlord Licensing Guide includes a compliance log template designed for exactly this — tracking renewal dates, inspection records, and condition evidence across every licensed property in your portfolio.

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