Planning Control: Houses in Multiple Occupation
On 11th February 2011, Charnwood Borough Council removed permitted development rights from all properties within Loughborough from changing from a family home (Use Class C3) to a house occupied by 3-6 unrelated people (Use Class C4) unless planning permission is granted. This planning control is called an Article 4 Direction.
The control will not come into affect until 12th February 2012 and it will mean that planning permission is required before a dwellinghouse is altered to a HMO on or after this date. There is currently no fee for this type of application and this will not affect existing Houses in Multiple Occupation.
Large HMOs, those occuped by more than six unrelated people, already require planning permission.
The requirements for licensing HMO are separate from planning legislation and remain unchanged by the Article 4 Direction.
Further information on registering existing HMO's and the existing planning framework that will be used to determine planning applications for HMO's is available below.
- Definition of HMO
- Current Planning Policy Framework for which Planning Applications for HMO's will be determined
- Informal Landlord Registration Scheme
The consultation responses to the proposed Article 4 Direction can be viewed here.
Statutory Notice (PDF Document, 0.28 Mb)- Statutory Direction (PDF Document, 0.61 Mb)
- Article 4 Direction Cabinet Report 7th July 2011 (PDF Document, 0.47 Mb)
- Hmo Article 4 Direction Equality Impact Assessment (PDF Document, 0.14 Mb)
- Article 4 Direction Cabinet Report 7th July 2011 (PDF Document, 0.47 Mb)
Frequently Asked Questions
- Does the Article 4 Direction affect existing HMO’s?
- Does the Article 4 Direction concentrate on Student properties?
- Will I require a licence?
- What if an existing HMO is left vacant for a period?
- What if an existing HMO is let to a family for a period?
- What if a 3 bed HMO is reduced to 2 because a tenant leaves the property unexpectedly. E.g a student leaves a course early?
- How serious would it be not to take steps to establish a property as a HMO between now and February 2012?
DOES THE ARTICLE 4 DIRECTION AFFECT EXISTING HMO'S?
No. All existing HMO’s will have an established lawful use when the Article 4 Direction comes into force.
DOES THE ARTICLE 4 DIRECTION CONCENTRATE ON STUDENT PROPERTIES?
No. The Article 4 Direction doesn’t discriminate against any particular group. It covers properties occupied by between 3-6 unrelated people irrespective of whether they are students or not.
On or after 12th February 2012, any property that changes from a family home to a HMO will have to apply for planning permission.
Mandatory HMO licensing is separate to the Article 4 Direction and applies to building of three or more storeys and occupied by five or more tenants in two or more households. This will not change when the Article 4 Direction comes into effect.
WHAT IF AN EXISTING HMO IS LEFT VACANT FOR A PERIOD?
If a property that is in HMO use is left empty it would continue to be classed as a HMO unless when, it is re-occupied it is used by a family or less than 3 unrelated individuals or as a different use entirely such as an office.
WHAT IF AN EXISTING HMO IS LET TO A FAMILY FOR A PERIOD?
If an existing HMO is let to a family, the property would no longer be classed as a HMO. If the owner of the property wanted it to be used as a HMO again, planning permission would be required first.
WHAT IF A 3 BED HMO IS REDUCED TO 2 BECAUSE A TENANT LEAVES THE PROPERTY UNEXPECTEDLY? eg. a student leaves a course early?
Where periodic reductions in HMO numbers and the number of tenants within particular properties raise questions of their planning status, a degree of flexibility may be required. Each case will need to be considered on its merits having regard to the intent of the landlord and the principle of discontinuance. A temporary reduction in numbers of unrelated people would not necessarily constitute a material change of use provided that there was clearly an active intention to re-let the vacant rooms in the future, for example where advertising was taking place.
HOW SERIOUS WOULD IT BE NOT TO TAKE STEPS TO ESTABLISH A PROPERTY AS A HMO BETWEEN NOW AND FEBRUARY 2012?
If a property does not have an established lawful use as a HMO on or before the Article 4 Direction comes into force on the 12th February 2012, planning permission will be required to use the property as a HMO in the future.
Last updated: Mon 6th February, 2012 @ 08:38
