Wandsworth Section 257 HMO Converted Flats: Licensing Rules for Converted Blocks

What Section 257 Means

Section 257 of the Housing Act 2004 defines a specific type of HMO: a building that has been converted into self-contained flats where the conversion work didn't comply with the Building Regulations 1991 (or later standards) and fewer than two-thirds of the flats are owner-occupied.

These buildings are common across south London — older Victorian and Edwardian houses split into flats in the 1980s and 1990s, often without full building control sign-off. Age alone does not establish Section 257 status: the conversion must have failed to comply with the Building Regulations 1991 or later applicable standards, and fewer than two-thirds of the flats must be owner-occupied.

How Wandsworth Treats Section 257 Blocks

Wandsworth's additional HMO licensing scheme explicitly excludes Section 257 converted blocks as whole structures. The block itself doesn't need an additional HMO licence, even though it technically meets the HMO definition.

But that exclusion applies to the building as a structure — not to the individual flats inside it.

Individual Flats Still Need Licences

Each flat within a Section 257 block is assessed on its own occupancy and location:

The key nuance is the second row: a flat in a Section 257 block let to a single tenant in an area outside the seven designated selective wards needs no licence at all. The additional scheme can't catch it (the block is excluded), and selective licensing doesn't apply outside the designated wards.

But move that same flat into East Putney, West Putney, or any of the other five selective wards, and it needs a selective licence — because the selective scheme catches all privately rented properties in those wards regardless of building type.

A Practical Example

You own a converted Victorian house in Northcote (Designation 2 ward) that's been split into four self-contained flats. The building conversion was done in 1988 without full building control compliance, and three of the four flats are rented out.

The building qualifies as a Section 257 HMO and is excluded from the additional licensing scheme. But:

• Flat 1 (let to a single tenant): needs a selective licence because it's in Northcote
• Flat 2 (let to a couple): needs a selective licence — same reason
• Flat 3 (let to three unrelated sharers): needs an additional HMO licence — the three-sharer threshold re-enters the additional scheme based on internal occupancy
• Flat 4 (owner-occupied): no licence needed

Each flat requires its own separate application and fee. There's no single building-wide licence option.

Management Regulations Still Apply

Even where a Section 257 block or its individual flats are exempt from licensing, the management regulations still apply. For converted blocks falling under Section 257, compliance with the Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007 (SI 2007/1903) is mandatory. These cover maintenance of communal areas, fire safety, water supply, and structural condition.

Identifying Whether Your Building Is Section 257

The test has three parts:

1. The building has been converted into self-contained flats (not purpose-built)
2. The conversion didn't comply with the Building Regulations 1991 or later applicable standards
3. Fewer than two-thirds of the flats are owner-occupied

The second criterion is the hardest to verify. Check the conversion records against the Building Regulations 1991 or the later standards applicable to the work; age alone or missing paperwork does not establish that the conversion failed to comply.

The Wandsworth Landlord Licensing guide includes a Section 257 decision framework that walks through this assessment for each flat in a converted block, along with the fee implications and application details.

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