Manchester Section 257 HMO: Licensing for Converted Flats

Older Victorian and Edwardian houses in Manchester that have been split into flats often fall into a licensing grey area that confuses landlords, agents, and sometimes the council itself. Section 257 of the Housing Act 2004 classifies certain converted buildings as HMOs at the block level, even when each flat is self-contained. Whether your building is a Section 257 HMO changes which licence you need and who applies for it.

What Makes a Building a Section 257 HMO

A building qualifies as a Section 257 HMO when three conditions are met:

1. It has been converted into self-contained flats — each flat has its own kitchen, bathroom, and entrance
2. The conversion did not comply with the 1991 Building Regulations (or the building standards that applied at the time of conversion) — and it still does not meet those standards
3. Less than two-thirds of the flats are owner-occupied

This catches a large number of pre-1991 house-to-flat conversions across Manchester's inner suburbs. If a Victorian terrace in Longsight was split into four flats in the 1970s without modern Building Regulations approval, and three of those flats are let to tenants, the entire building is likely a Section 257 HMO.

Block-Level Versus Flat-Level Licensing

The Section 257 classification creates a licensing hierarchy:

Section 257 status does not by itself require a mandatory HMO licence for the block. Government guidance says mandatory licensing does not apply to converted blocks of flats that qualify under Section 257. An individual flat may need a mandatory HMO licence if that flat separately meets the prescribed criteria, generally five or more people from two or more households sharing basic amenities.

If the building does not meet the mandatory threshold and sits inside a selective licensing area, each individual flat let to a private tenant needs its own selective licence. A block of four rented flats in a designated ward means four separate selective licence applications and four separate fees.

If the building is outside a selective licensing area and no individual flat meets the mandatory HMO criteria, Manchester's lack of an additional HMO scheme means Section 257 status alone does not trigger a licensing obligation.

Mixed-Use Buildings

Flats above commercial premises — common in Cheetham, where the 2025–2030 Phase 3 designation specifically targets this property type — follow the same rules. Individual flats above shops in a designated area each need a selective licence. The commercial unit downstairs is not licensable, but it does not shield the residential units above from the selective licensing requirement.

The Management Complication

Section 257 buildings carry additional management obligations under the Management of Houses in Multiple Occupation (England) Regulations 2006, even when no licence is needed. The person managing the building must maintain common parts (staircases, hallways, shared entrances), fire safety installations, and structural elements. These duties sit with whoever controls the building — typically the freeholder or head lessee.

How to Check Your Building's Status

Establishing whether a conversion complied with the 1991 Building Regulations is not always straightforward. Building control records from the 1960s, 1970s, and 1980s may be incomplete or missing. If you cannot confirm compliance, the safe assumption is that the building does not comply — treat it as a potential Section 257 HMO and assess accordingly.

The council can provide guidance. Contact the Private Sector Housing Team at [email protected] with the building's address and conversion history. A written determination from the council is the most reliable way to confirm the building's status before committing to the wrong licence application.

Our Manchester Landlord Licensing Guide includes a Section 257 decision flowchart and licensing-versus-planning checklist for converted buildings.

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