HMO's l Floor plans, Planning & licensing

What is Planning Permission? 

Planning is mainly in place to control land use. Uses are categorised with some land use categories being interchangeable (under the permitted development order) and some requiring planning permission to change the use. For example, Use Class C3 applies to a standard household and Use Class C4 applies to a property that is used by 3 – 6 unrelated people.

If your C4 HMO was active prior to an Article 4 directive being put in place, it is unlikely that you will have to apply for planning permission. However, if you wish to sell your HMO or if you receive a Planning Contravention Notice you may have to demonstrate that your HMO was active prior to the Article 4 Directive. A certificate of lawful development will demonstrate your HMO is lawful and these are obtained through an application to your local authority.

Article 4 Directions are planning restrictions introduced by local authorities to control the concentration of Houses in Multiple Occupation (HMOs) in certain areas. Under normal planning rules, converting a house (a C3 dwelling) into a small HMO (a C4 use class, for 3–6 unrelated tenants) does not require planning permission—this is known as permitted development.

However, when a local council introduces an Article 4 Direction, it removes that permitted development right, meaning you must apply for full planning permission to convert a property into an HMO—even for 3 to 6 tenants.

With a change in use, the requirements of your building will change. It is likely that you will need to retrofit your property to meet the standards of the Building Regulations Act. Key things to consider are the transfer of sound and controlling the spread of fire (as well as other factors). Our team at Studio Homer can help you liaise with building control to ensure your property meets the relevant codes.