Do You Need Planning Permission for a HMO?
Many landlords assume that converting a house into a HMO is straightforward. In some cases it is. In others, planning permission is required and landlords only realise this once the property is already in use.
That can create a serious problem. If a property is used as a HMO without the necessary planning permission, the council may take enforcement action and require the use to cease.
The position is not complicated, but it does depend on a small number of factors.
What determines whether permission is required?
There are two points to check.
The first is how many people will occupy the property.
The second is whether permitted development rights apply in the area.
Number of occupants
Planning law distinguishes between two types of HMO.
A smaller HMO, occupied by between three and six people, falls within Use Class C4.
A larger HMO, occupied by more than six people, is treated as a sui generis use.
Larger HMOs always require planning permission.
Permitted development and Article 4 directions
For smaller HMOs, the position is different.
In principle, the change of use from a house to a small HMO is permitted development. This means that planning permission is granted nationally and no application is required.
However, councils can remove that right by introducing an Article 4 direction.
Where an Article 4 direction applies, planning permission must be obtained before a property can be used as a HMO.
These directions are now common in many areas and often cover large parts of a borough. It is therefore essential to check whether one applies.
In some areas, such as Northampton, Article 4 directions and local policies have had a significant effect on how HMOs are dealt with in practice.
Planning and licensing
Planning and licensing are separate regimes.
A property may have a HMO licence but still require planning permission. Equally, the grant of planning permission does not remove the need for a licence.
This is a common source of confusion and should always be checked carefully.
What should you check before proceeding?
Before using a property as a HMO, three points should be established.
The number of occupants.
Whether an Article 4 direction applies.
Whether the property already benefits from planning permission or lawful use rights.
If these points are not clear at the outset, there is a risk of enforcement action later on.
Further guidance
This page deals only with whether planning permission is required.
A fuller explanation of how HMO applications are assessed, and why councils refuse them, is set out on our page on planning permission for HMOs.
If a property may already be lawful as a HMO, further guidance is also available on certificates of lawfulness.
Need advice?
If you are unsure whether planning permission is required, it is usually sensible to confirm the position before taking further steps.
Just Planning advises on HMO applications and appeals across England.
More detailed guidance is also set out in Martin Gaine’s book, Planning for HMOs.
