Planning permission for HMOs
Many landlords assume that converting a house into a House in Multiple Occupation (HMO) is straightforward. Sometimes it is. But in many areas planning permission is now required, and councils often resist new HMOs.
That does not necessarily mean permission cannot be obtained. In practice, a significant number of HMO refusals are overturned on appeal.
This page explains how planning permission for HMOs works, when it is required, why councils refuse applications and when appeals are successful.
Just Planning regularly advises on HMO planning applications and appeals across England. The founder of the practice, Martin Gaine MRTPI, is the author of Planning for HMOs, a guide to the planning rules governing HMOs and the appeal process.
What is a HMO in planning terms?
A House in Multiple Occupation is a property occupied by several people who form more than one household and who share basic facilities such as a kitchen or bathroom.
For planning purposes the distinction between households is important. A family living together counts as a single household regardless of its size. A group of unrelated people renting together usually counts as multiple households.
Planning law divides residential uses into different categories known as use classes.
A typical family house falls within Use Class C3.
A smaller HMO occupied by between three and six unrelated people falls within Use Class C4.
A larger HMO occupied by more than six people is treated as a sui generis use and always requires planning permission.
That distinction matters because planning permission may be required simply because the use of the building has changed, even if no building works are involved.
When is planning permission required for a HMO?
In England, the change of use from a family house (Use Class C3) to a smaller HMO (Use Class C4) is normally permitted development. This means planning permission is granted nationally in advance and no planning application is required.
However, many councils have introduced Article 4 directions removing that right.
Where an Article 4 direction applies, planning permission must be obtained before a house can be used as a HMO. Article 4 directions are now common in many university towns and cities where councils are concerned about the growth of HMOs.
It is important to understand that an Article 4 direction does not mean HMOs are unacceptable in principle. It simply means that the council wishes to assess each proposal through the planning application process.
This distinction is often misunderstood. The removal of permitted development rights does not create a policy presumption against HMOs. It simply means that planning permission must be obtained.
Planning permission and HMO licensing are different
Another common source of confusion is the relationship between planning permission and HMO licensing.
These are two separate regulatory systems.
Licensing is mainly concerned with issues such as fire safety, room sizes and property management. Planning is concerned with the impact of the use on the surrounding area.
A property may have a HMO licence but still require planning permission. Equally, planning permission does not remove the need for a licence where licensing legislation applies.
Landlords should therefore check both regimes carefully before proceeding.
How councils assess HMO planning applications
When councils assess planning applications for HMOs they usually focus on a small number of recurring issues.
The first is whether the proposal is acceptable in principle. Some councils have policies designed to protect family housing or restrict the growth of HMOs in certain areas.
The second is the concentration of HMOs in the surrounding neighbourhood. Many councils apply thresholds such as ten per cent of properties within a fifty metre radius. If a proposal would push the concentration above that figure, the council may argue that the balance of the neighbourhood would be harmed.
The third issue is residential amenity. Councils often raise concerns about noise, disturbance, refuse storage and the effect of a more intensive residential use on neighbouring occupiers.
The fourth issue is parking and transport. Many HMO refusals are based on the argument that the proposal would lead to increased parking pressure on nearby streets.
Finally, councils increasingly look carefully at the quality of the accommodation itself, including room sizes, communal living space and the overall layout of the property.
These are the issues that typically determine whether a HMO application succeeds or fails.
We recently obtained planning permission for a HMO in Enfield, for example, where the main issues were concentration of HMOs, the standard of accommodation and the impact on the area in terms of noise, disturbance and parking.
Why councils often refuse HMOs
Although every council area is different, HMO refusals often follow similar patterns.
The most common reasons are:
- concerns about the loss of family housing
- the perceived over-concentration of HMOs in the area
- alleged parking stress
- concerns about noise and disturbance
- criticisms of the internal layout or standard of accommodation
Parking is one of the most frequent areas of dispute. Some councils apply very demanding parking standards to HMOs, sometimes suggesting that each bedroom should have a parking space.
In practice, this is often unrealistic. Many HMO residents do not own cars, particularly in urban areas close to employment, shops and public transport. Planning inspectors frequently take a more balanced view of parking demand than councils do.
HMO planning appeals
A refusal of planning permission is not necessarily the end of the matter.
Applicants have the right to appeal against planning refusals to the Planning Inspectorate. An independent planning inspector will then review the council’s decision.
HMO appeals succeed surprisingly often. Inspectors frequently conclude that councils have applied policies too rigidly or have not demonstrated that real planning harm would occur.
This is particularly common in disputes about parking, concentration thresholds or the interpretation of local HMO policies.
Just Planning has successfully represented clients in a number of HMO planning appeals across England, including recent appeal wins relating to HMO proposals in Northampton.
In many cases the key to a successful appeal is a careful analysis of the council’s own policies and the reasoning set out in the officer’s report.
What makes a strong HMO planning case
Whether at application stage or on appeal, successful HMO proposals usually have several features in common.
First, the proposal is carefully designed and provides a reasonable standard of accommodation.
Second, the planning case addresses the actual policy tests that apply in the relevant council area.
Third, potential concerns about amenity, waste storage, bicycle storage and day-to-day management are addressed clearly and realistically.
Finally, the planning argument is framed around the key question that planning law requires decision-makers to consider: whether the proposal would cause real planning harm.
When applications or appeals focus on those issues in a clear and evidence-based way, permission is often achievable even where councils initially resist the proposal.
Need advice on planning permission for a HMO?
If you are thinking of converting a property into a HMO, or if you have already been refused planning permission, it is important to understand the planning position clearly before deciding what to do next.
Just Planning specialises in planning applications and appeals. We regularly advise landlords and property investors on HMO planning strategy, planning applications and appeals against refusal.
If you would like advice on whether planning permission is required for a HMO, or whether a planning refusal is worth appealing, feel free to get in touch.
