HMO Planning Permission (England)
Where you rent out a property as an HMO when it was not previously one (even if you do not do any building work on it). You need to consider if this is a "change of use" and requires planning permission.
HMO Planning Permission should not be confused with HMO Licencing. HMO Licencing is a separate system that you may need to obtain in addition to Planning Permission.
Houses in Multiple Occupations (HMOs) always require planning permission if they house 7 or more people.
However, smaller HMOs may also need planning permission if your HMO is in an Article 4 area (selective licensing).
What are the Relevant Planning Permission Classes?
To understand if planning is required, we need to be mindful of what "Planning Class" your property is and what it will be as an HMO.
Here are the most relevant Planning Classes for Landlords:
- C3 class is for standard family occupancy.
- C4 class is for small HMOs (of between 3 and 6 occupiers)
- Sui Generis means "in a class of its own" and covers large HMOs of 7 or more people.
When does an HMO need planning permission?
If you change the property to the 'Sui Generis' class (7 or more people), you require planning permission.
You typically do not need planning permission if you are changing a property from C3 Class (family occupancy) to C4 Class (small HMOs). It is a Permitted Development Right to move between C3 and C4 classes.
An exception being HMOs within an Article 4 Area will need planning permission. Suppose moving from C3 to C4 or Sui Generis.
What is Article 4 Area?
Article 4 Directives allow local authorities to restrict permitted developments in a designated area.
Your Local Authority / Council may implement this restriction in your area, requiring you to get permission to change the use of a property to a (C4 Class) HMO.
Article 4 Directions are often located in areas of high concentration of HMOs, for example, in student areas. If your HMO is away from other HMOs (and you meet other policy requirements), you are more likely to be granted planning permission.
How Can I Get an HMO Planning Permission?
The best route would be to discuss the situation with an HMO Planning Consultant. They will be able to go through the changes needed to the property and help you apply to the local authority.
You may be able to do the application yourself to the local authority, but it's not simple. You should seek the advice of a professional.
Planning Objections
When applying for planning, you may receive some common objections from your Local Authority representatives, Fire Service and Local Residents.
The typical objections include:
- Parking & Access Concerns.
- Noise, Nuisance, Anti-Social Behaviour & Crime.
- High Concentration of Rented Accommodation/HMOs.
- Loss of Local character/
- Fire Safety of Occupants.
- Increased pressure on local services.
You can view existing Accepted and Declined Planning Applications on your local authority website to see what is wanted or disliked.
Your Local Authority Planning Policy is an excellent place to start.
What is a 'Certificate of Lawfulness?
If you have an existing House in Multiple Occupation (HMO) and have not obtained C4 or Sui Generis HMO Planning Permission.
You either need to get Planning Permission or ask your local authority for a 'Certificate of Lawfulness'.
The Certificate covers circumstances where the property has been used as an HMO for years before you legally require Planning Permission.
It is common to need this document for Mortgage Purposes. Either when you are purchasing an existing HMO or remortgaging for the first time in a long while.