Planning use classes for HMOs
An HMO is a property shared by people who are not a single household and who share facilities such as a kitchen or bathroom. For planning, homes for 3 to 6 sharers fall in Class C4. Homes for 7 or more are sui generis.
Article 4 directions
Permitted development allows a house to change from C3 to C4 and back. Many councils, including a large number of London boroughs, have made Article 4 directions removing that right, so planning permission is needed even for a small HMO. Councils often then apply concentration policies, refusing new HMOs where there are already a high proportion in the area.
What councils look at
- The concentration of existing HMOs nearby.
- Room sizes, communal space, light and outlook.
- Bin and cycle storage, and parking.
- The impact on neighbours, including noise.
Licensing is separate
Under the Housing Act 2004, HMOs with 5 or more people forming more than one household need a mandatory licence, and many councils have additional or selective licensing schemes. A licence does not grant planning permission, and planning permission does not grant a licence.
Our advice
Check for Article 4 directions and HMO concentration policies before you buy. If an existing HMO has operated for 10 years or more, a lawful development certificate may confirm its use.
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Sources
This article is general information about planning in England at the date shown. It is not advice on any particular site, and the law and policy may have changed since. Please speak to us before relying on it.