Brighton HMO Room Size and Occupancy Rules

Getting the room measurements wrong on an HMO licence application in Brighton and Hove can lead to refusal or cancellation. Part A is non-refundable in those cases, but its amount depends on the licensing route: £518 is the standard selective-licence Part A fee, not a universal HMO fee.

Brighton & Hove City Council enforces strict minimum floor areas under the Licensing of Houses in Multiple Occupation (Mandatory Conditions of Licences) (England) Regulations 2018, applied to every mandatory and additional HMO licence across the city.

Bedroom Minimums

Every bedroom in a licensed HMO must meet a hard floor-area threshold:

• Single bedroom (one person aged 10 or over): at least 6.51 m²
• Double bedroom (two persons aged 10 or over): at least 10.22 m²
• Bedroom for one child under 10: at least 4.64 m²; a room smaller than 4.64 m² cannot be used as sleeping accommodation

Children count as full occupants regardless of age when the council assesses occupancy numbers, so a family of two adults and three young children is five occupants, not two.

Any floor space where the ceiling height drops below 1.5 metres is excluded from the measurement entirely. That matters in Brighton's stock of Victorian conversions and attic rooms — a bedroom that looks spacious on a floor plan can fall below the threshold once the sloped ceiling area is deducted. Conservatories cannot be used as bedrooms under any circumstances.

Kitchen Requirements

Shared kitchens must scale with the number of occupants. The council's minimum areas for kitchens without a dedicated dining space:

Kitchens with an integrated dining space jump to 11.5 m² for 3–4 occupants and 12.0 m² for 5 occupants.

Worktop preparation space must measure at least 1,500 mm × 600 mm for up to five occupants, with an additional 500 mm of length per person above five. For HMOs housing 10 to 18 occupants, a second fully equipped kitchen is required.

Bathroom and WC Standards

The bathroom ratio tightens as occupancy increases:

• Up to 4 occupants: 1 bathroom and 1 WC
• 5 occupants: 1 bathroom plus 1 separate WC with wash hand basin
• 6–8 occupants: 2 full bathrooms

For HMOs with five or more occupiers, the council expects a wash hand basin with splashback in each bedroom where practicable.

How Overcrowding Is Enforced

The licence itself sets a maximum occupancy figure for each property. Exceeding that number is a breach of licence conditions — the council can issue a civil penalty of up to £40,000 per offence under Section 249A of the Housing Act 2004 (the cap was raised from £30,000 on 1 May 2026).

Overcrowding also triggers the Housing Health and Safety Rating System (HHSRS) powers under Part 1 of the Housing Act 2004. A property licence doesn't certify that the building is free of hazards — the council can inspect any licensed property at any time and serve an Improvement Notice for crowding, dampness, fire risk or other statutory hazards, regardless of whether the licence itself is valid.

Measuring Your Rooms Before Applying

The council requires a dimensioned floor plan showing room areas in square metres, door positions, fire escape routes and fire safety equipment locations. Ceiling heights below 1.5 m must be marked and deducted from the usable area.

You don't need a professional surveyor — a clear hand-drawn sketch with accurate measurements is accepted. But the measurements must be correct. A rejected floor plan doesn't get a second chance for free; if you fail to provide requested missing documentation within 28 days of the council's formal demand, it can cancel the application and forfeit the Part A fee.

Our Brighton & Hove Landlord Licensing guide includes a printable floor plan sketch template with annotation keys, plus the full room-size lookup table for every occupancy level — so you can verify every room meets the standard before you submit.

Getting It Right First Time

Room sizes trip up landlords more than almost any other part of the Brighton HMO application process. The thresholds are non-negotiable and the council measures net usable area, not gross floor space. Measure carefully, deduct any area under 1.5 m ceiling height, and check each room against the tables above before you start the portal application.

The complete decision sequence, document checklist and fee calculator are in the Brighton & Hove Landlord Licensing guide.

See more England guides →