Do I need planning permission for an HMO?
It depends on how many people will live there and where the house is. Planning uses three categories for houses like this:
- C3 dwellinghouse: a single household, or up to 6 residents living together as a household
- C4 small HMO: a house shared by 3 to 6 unrelated residents as an HMO
- Large HMO, 7 or more residents: sui generis, meaning it falls outside any use class and always needs planning permission
Changing between C3 and C4 is normally permitted development under Class L, so no planning application is needed, provided the change does not create two or more separate homes. The C3 to C4 right is removed where the council has made an Article 4 direction for the area. Going from a C4 house to 7 or more residents is a change to a sui generis use and needs an application, with or without an Article 4 direction. Our guide to HMO planning and Article 4 covers the rules in more detail.
What does an Article 4 direction mean for my plans?
An Article 4 direction removes the permitted development right to change a house from C3 to C4 within a defined area. Many Midlands councils have made them. A direction does not ban HMOs. It means you need planning permission for a change that would otherwise not need one, and the council judges the application against its policies.
Article 4 boundaries are drawn on a map and can split a street or a postcode, so we check the council's map for the exact address before you commit. Where a house was already lawfully used as a small HMO before the direction took effect, that use can usually continue. Proving it is often the hard part, which is where a lawful development certificate helps. If you are buying, check the position before exchange, not after. Our HMO feasibility appraisals include the planning check alongside the likely room count and build cost.
How does a lawful development certificate help?
A lawful development certificate (LDC) is a formal decision from the council that a use is lawful. Two kinds matter for HMOs:
- Existing use: confirms that a current HMO use is lawful, for example because it began before an Article 4 direction came into force
- Proposed use: confirms that a planned change, such as C3 to C4 where no Article 4 direction applies, would be lawful without an application
For an existing-use certificate, the council needs clear evidence of when the HMO use started and that it has continued. Useful evidence commonly includes tenancy agreements, licence records, council tax records, utility bills, letting adverts and signed statements from people with direct knowledge. Gaps and contradictions are a common reason for refusal. We gather the evidence, put it in date order and write the supporting statement. A certificate is particularly useful when selling, refinancing or applying for a licence, because it answers the planning question in writing.
What do councils consider in an HMO planning application?
Each council has its own policies, so the detail varies. The points councils commonly consider are:
- Concentration: many set a threshold for the share of HMOs within a given radius or street, and some resist a family house being sandwiched between two HMOs
- Living conditions: room sizes, light, outlook and enough shared kitchen and living space for the number of residents
- Parking and access: the effect on street parking and, in some areas, cycle storage
- Bins: space to store refuse and recycling off the pavement
- Neighbours: noise, the character of the street and the effect on nearby homes
We read the relevant policies and any supplementary planning document before drawing the scheme, then prepare plans and a statement that address each point. Planning permission is never certain: a council can refuse an application, although there is a right of appeal. Building regulations approval is separate, and a conversion often needs it too.
What's included
- Check of lawful use, Article 4 and local HMO policies
- Advice on Class L, C4 and sui generis routes
- Existing and proposed floor plans and site plans
- Planning statement covering concentration, amenity, parking and bins
- Lawful development certificate applications with dated evidence
- Submission and liaison with the planning officer
What does it cost?
We quote for planning work per property, once we know which route applies. Our price depends mainly on:
- whether you need a full planning application, a lawful development certificate or advice only
- the drawings required, such as existing and proposed plans, elevations and a site plan
- how much evidence must be gathered for a lawful use claim
- the local policies the planning statement has to address
The planning application fee is separate. It is fixed under the planning fee rules, depends on the type of application and is paid to the council, not to us. HMO licence fees are also set by each council and paid to it. Ask for a quote or contact us with the address.