Article 4 Direction on C4 HMOs

Confirmation of the borough-wide, non-immediate Article 4 Direction for small HMOs in the C4 use class

Planning permission is required for any HMO that is occupied by 7 or more unrelated persons.

The Council, earlier this year, confirmed the introduction of an Article 4 (1) Direction which came into force on 6 December 2019. This Article 4 (1) means that permitted development rights will no longer apply to small HMO development (Class C4 (houses in multiple occupation)) of the Town and Country Planning (Use Classes) Order 1987 (as amended)) in the borough. Planning permission will be required for such development proposals (HMOs with 3 to 6 unrelated persons). This does not affect Class C4 HMOs that existed prior to 6 December 2019.

If the Council grant planning permission, it is also necessary to apply for an HMO licence. This will either be a Mandatory HMO licence or Additional HMO licence, depending on the number of residents in the HMO.

 

Certificates of Lawfulness

Certificates of Lawfulness (Proposed) issued before December 2019 regarding the conversion of C3 dwellings to C4 small HMOs are only valid if the conversion and use of the property as a small HMO took place before the Article 4 Direction came into effect on 6 December 2019.

If the conversion did not taken place by this time, the Certificate of Lawfulness would refer to a legal situation that no longer exists, and it will be necessary to apply for full planning permission.

 

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