The Department proposes to introduce regulations requiring flats and Houses in Multiple Occupation (HMOs) to be registered with the local authorities. Similar regulations are proposed setting out the standards of amenity in both flats and HMOs.
Currently HMOs are illegal, but it is accepted that there are a number of old hotels and guest houses that currently offer low quality unregulated accommodation, where facilities are limited and shared by unrelated people, including families. Enforcement of the existing laws may create housing problems in the island by making people homeless. Whilst some choose to live in HMOs there is a genuine concern that there may be more vulnerable persons that have little choice to do so. The proposed regulations should ensure that all have a reasonable home in which to live.
Part 3 of the Housing (Miscellaneous Provisions) Act 2011, following approval by Tynwald, will provide powers to DEFA to make HMOs legal and to introduce these regulations. The regulations will state standards related to amenity, facilities, and occupancy levels with a view to creating decent accommodation.
The Act also provides the same regulation making powers for DEFA with regard to flats. These specific powers are not entirely new, however, as similar provisions already exist with the Housing (Flats) Regulations 1982. The proposal is to update these Regulations and to combine their provisions with those concerning HMOs.
One set of regulations will, therefore, control the facilities in, and in connection with HMOs and flats. Other proposed regulations will relate to the need to register both. It is intended that both regulations will fall to the local authorities to enforce. The Environmental Health Officers from DEFA will act as their authorised officers for the purposes of inspection, advice and enforcement. This is the same relationship that exists by way of technical assistance provided to the local authorities regarding other important housing and environmental health laws.
The proposed regulations were the subject of an extensive consultation exercise completed in May this year. All local authorities were consulted and some, but not all, responded.
Hon. Phil GawneMinister said:
'Everybody should expect to have somewhere decent to live and our proposed regulations should help us to achieve this goal and to offer fundamental protection to the public.'
