HMO Article 4 directions explained
Many landlords first come across Article 4 directions when they are told that planning permission is required for a HMO, even though they understand that changes of use are normally permitted development.
This can come as a surprise. In some cases, landlords only discover that an Article 4 direction applies after the property has already been let as a HMO.
Article 4 directions are now common and are becoming more widespread. They have had a significant effect on how HMOs are dealt with in practice.
What is an Article 4 direction?
An Article 4 direction is a mechanism by which a council removes permitted development rights.
In the context of HMOs, it is used to remove the right to change a property from a house to a small HMO without planning permission.
Once an Article 4 direction is in place, planning permission is required for that change of use. The same change that would be permitted development elsewhere will require an application.
Why Article 4 directions are introduced
Article 4 directions are usually introduced where councils are concerned about the number of HMOs in a particular area.
Those concerns often relate to the concentration of HMOs, the effect on the character of an area and the impact on parking and local services.
By introducing an Article 4 direction, the council is able to consider each proposal individually and assess it against its planning policies.
What Article 4 means in practice
An Article 4 direction does not prevent HMOs.
It removes the automatic right to create them.
In practical terms, this means that a planning application must be made and the proposal will be assessed against the policies of the local council.
The outcome will depend on those policies and how they are applied.
Does Article 4 mean permission will be refused?
Not necessarily.
In some areas, policies make it difficult to obtain planning permission for HMOs, particularly where there are restrictions on concentrations.
In others, permission is granted provided that certain criteria are met.
It is therefore not enough to identify that an Article 4 direction applies. The relevant local planning policies must also be considered.
Existing HMOs
Article 4 directions do not affect HMOs that are already lawful.
If a property was in use as a HMO before the Article 4 direction came into force, that use may continue.
Similarly, a property that has been used as a HMO for a sufficient period of time may be lawful regardless of the Article 4 direction.
In those cases, it may be appropriate to confirm the position through an application for a Certificate of Lawfulness.
How landlords are caught out
A common situation is where a landlord assumes that permitted development rights still apply and proceeds without checking.
Where an Article 4 direction is in place, that assumption is wrong. The use may then be unauthorised and vulnerable to enforcement action.
This is why it is important to establish the position clearly before proceeding.
What to do if an Article 4 direction applies
Where an Article 4 direction applies, the starting point is to understand how the relevant planning policies operate.
This will usually involve reviewing local policies and previous decisions to see how similar proposals have been assessed.
A broader explanation of how HMO applications are considered is set out on our page on planning permission for HMOs.
If you are unsure whether planning permission is required in the first place, this is explained here.
Summary
An Article 4 direction removes permitted development rights and requires planning permission to be obtained for a HMO.
It does not prevent HMOs, but it does mean that proposals will be assessed against local planning policies.
The key is to understand both whether an Article 4 direction applies and how those policies are applied in practice.
Need advice?
Article 4 directions have introduced an additional layer of complexity to HMO development.
If you are dealing with a property in an Article 4 area, it is usually sensible to understand the planning position clearly before proceeding.
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.
