Brighton Section 257 Converted Flats and HMO Licensing

Brighton has a large stock of Victorian and Edwardian houses that were converted into flats decades ago — and the licensing rules for these buildings are more complicated than for a standard rental. Section 257 of the Housing Act 2004 creates a separate legal category for converted buildings that catches many Brighton landlords by surprise.

What Section 257 Means

Section 257 applies to buildings that have been converted entirely into self-contained flats where:

• The conversion work did not comply with the building standards in force at the time and the building still does not comply with those standards, and
• Less than two-thirds of the flats in the building are owner-occupied

If both conditions are met, the entire building is classified as an HMO under Section 257, even though the individual flats inside it are self-contained.

This matters because many of Brighton's period conversions predate modern building standards. Their age alone does not establish Section 257 status: the relevant test is whether the conversion failed the building standards in force at the time and still does not comply, and fewer than two-thirds of the flats are owner-occupied.

The Additional Scheme Exclusion

Here's the critical detail for Brighton landlords: Brighton & Hove City Council explicitly excludes Section 257 converted buildings from its city-wide Additional HMO Licensing Scheme.

The additional scheme — which runs from 1 July 2024 to 30 June 2029 and covers HMOs with 3–4 occupants from 2+ households sharing basic amenities across two or more storeys — does not apply to Section 257 buildings. So a converted block of flats that would otherwise need an additional HMO licence because of its occupancy and storey count is carved out of that scheme.

This doesn't mean the building escapes all licensing. It means the licensing route is different.

Which Licensing Does Apply

For individual self-contained flats within a Section 257 building that are privately rented:

• If the flat is in Kemptown, Moulsecoomb & Bevendean, Queens Park or Whitehawk & Marina, it falls under the Selective Licensing Scheme — a selective licence is required for each rented flat
• If the flat is outside those four wards, it currently needs no local council licence (unless the individual flat itself meets mandatory HMO criteria, which is unlikely for a self-contained unit)

The key point is that the licensing applies at the individual flat level under selective licensing, not at the building level under the additional scheme.

If any single flat within the Section 257 building happens to house five or more occupants from two or more households sharing basic amenities — unlikely in a self-contained flat but not impossible — mandatory HMO licensing would apply to that individual unit regardless of ward.

Why This Catches Landlords Out

The confusion typically runs in two directions.

Some landlords of flats in Section 257 buildings assume they need an additional HMO licence and overpay. Others assume that because the building as a whole isn't licensable under the additional scheme, their individual flat doesn't need any licence at all — and miss the selective licensing requirement in the four designated wards.

The decision always depends on two factors: the ward the building sits in, and the occupancy arrangement of the individual flat.

What to Check

If you own a flat in a converted building in Brighton:

1. Determine whether the building qualifies as a Section 257 HMO (the conversion failed the building standards in force at the time and still does not comply; fewer than two-thirds of the flats are owner-occupied)
2. Check which ward the property is in — the council's ward map determines whether selective licensing applies
3. If the flat is in one of the four active selective wards, apply for a selective licence for that flat
4. If outside those wards, confirm no other licensing route applies

The full decision sequence and ward verification process is in our Brighton & Hove Landlord Licensing guide, which covers Section 257 buildings alongside every other property type in the city.

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