Understanding Article 4 and the HMO Planning Process in the UK

For landlords looking to operate a House in Multiple Occupation (HMO), understanding Article 4 and the process for applying for planning permission is essential. Article 4 is a key part of local planning regulations, and it impacts how and where HMOs can be created. In this blog, we’ll explore what Article 4 is, how it affects HMOs in the UK, and the process for applying for planning permission.

What is Article 4?

Article 4 refers to a provision under the Town and Country Planning (General Permitted Development) (England) Order 2015. It allows local authorities to remove certain permitted development rights in a specific area, meaning that property owners must apply for planning permission to make changes that would usually be allowed without it.

In the context of HMOs, Article 4 is commonly used to control the proliferation of HMOs in certain areas. Without Article 4, converting a property from a single dwelling to an HMO (typically classified as a property with 3 or more tenants who are not related) would usually not require planning permission. However, under an Article 4 direction, landlords must apply for planning permission before converting the property into an HMO.

Why Do Local Authorities Use Article 4 for HMOs?

Local authorities in the UK may introduce an Article 4 direction to limit the number of HMOs in certain areas. This is particularly focused on areas with high concentrations of HMOs, as an overconcentration of these types of properties can lead to various issues, such as:

• Strain on local infrastructure and services
• Changes to the character of a neighborhood
• An increase in anti-social behavior and parking problems

By implementing Article 4, councils aim to manage the number of HMOs and ensure a balanced mix of housing types in each area.

What Does Article 4 Mean for Landlords?

If you are a landlord planning to convert a property into an HMO, you need to be aware of whether the property falls within an Article 4 designated area. In these areas, converting a single-family home into an HMO (even for a small number of tenants) without applying for planning permission is not allowed.

Failure to comply with the rules can result in enforcement action, including fines or orders to restore the property to its original state. As a result, landlords need to carry out careful checks to determine if their property lies within the boundaries of an Article 4 area.

How to Check if Your Property is Affected by Article 4

To determine whether your property is affected by Article 4, you can:

1. Check Local Authority Websites: Many councils provide online maps or documents that outline areas affected by Article 4. You can search for your property or check by postcode to see if it falls within a restricted area.

2. Consult with the Local Planning Department: If you are unsure or need confirmation, contacting your local council’s planning department is a wise option. They can provide clear guidance on whether your property is subject to Article 4.

The Process for Applying for Planning Permission for an HMO

If your property is within an Article 4 area and you wish to convert it into an HMO, you will need to apply for planning permission. Here’s a step-by-step guide to the process:

1. Pre-Application Advice (Optional) Before submitting a formal planning application, you may want to seek pre-application advice from your local council’s planning department. This is an optional service, but it can help clarify the likelihood of your application being approved and give you a better understanding of the requirements for your specific case.

2. Submit a Full Planning Application You will need to submit a Full Planning Application to your local council. This includes providing details about the property, the proposed changes, and how the conversion will impact the local area. Documents you may need to provide include:

   • A site location plan
   • Proposed floor plans
   • A statement outlining how the development will affect the area
   • Details of any parking, waste disposal, or other essential services

   The application can often be submitted online through your local council’s planning portal or via paper forms if necessary.

3. Planning Considerations Your local council will review your application based on several factors, including:

   • Impact on the local community and infrastructure: The council will assess whether the conversion could lead to over-concentration in the area, negatively impacting housing availability for families or affecting local amenities.

   • Design and layout: The council will look at the design of the property, ensuring it meets health and safety standards for HMO accommodation. They will also assess whether the conversion will maintain the character of the area.

   • Parking and transport: If your HMO is in a location where parking is already limited, the council may require additional information about how parking will be managed. Some areas may have parking restrictions that impact the number of tenants allowed.

4. Public Consultation In some cases, the planning department may invite local residents or stakeholders to comment on your application. This could include neighboring property owners, local businesses, or community groups. If objections are raised, these will be considered before a decision is made.

5. Planning Decision Once the council has reviewed the application and consulted with relevant parties, they will make a decision. This could be:

   • Approval: If your application meets all requirements, you will receive planning permission to convert the property into an HMO.
   • Conditional Approval: Sometimes, the council may approve the application subject to certain conditions, such as making modifications to the property or adhering to specific occupancy limits.
   • Refusal: If the council deems the proposed conversion unsuitable, your application may be rejected. In this case, you can either revise and resubmit the application or appeal the decision.

6. Start the Conversion If you receive planning approval, you can proceed with the conversion work. However, ensure that all work complies with any conditions set by the planning department, and consider applying for any other required licenses for HMOs, such as the mandatory HMO license under the Housing Act 2004.

Conclusion

Article 4 plays a crucial role in managing the growth of HMOs in many parts of the UK, protecting local communities, and maintaining a balance between different types of housing. For landlords, it’s important to understand if their property is affected by Article 4 and to follow the correct process when applying for planning permission. By doing so, landlords can avoid potential fines and ensure that their property meets all local regulations.

If you need assistance navigating the planning process or have any questions about HMOs in your area, don’t hesitate to reach out to the local planning department or consult a professional to guide you through the process.

Would you like more specific guidance on HMO licensing or other regulatory matters for landlords in the UK?