HMO planning and licensing in England
Updated: Sep 22
An HMO licence and planning permission answer different questions. Neither should be treated as a substitute for the other. Before changing a property to shared accommodation in England, establish its lawful use, the intended occupancy, local planning restrictions and the applicable licensing requirements.
Describe the intended occupation clearly
Record how many people and households are proposed, which facilities they will share and how the property will operate. Planning and housing legislation use different tests, so a single description such as shared house is not enough to establish every requirement. Explain the actual arrangement when seeking advice.
Check the planning position
Start with the lawful existing use and the planning history. A change from a dwellinghouse to a small HMO may have a permitted development route, but local Article 4 directions or planning conditions can restrict it. A larger HMO raises a different planning question. Ask the authority to confirm the applicable use and route for the facts of the property.
Check the council’s current Article 4 map and effective date, not just a general statement that the borough has restrictions. Croydon’s published guidance is one example of why local requirements need to be checked separately. Its rules should not be assumed to apply elsewhere.
Check licensing independently
Mandatory HMO licensing generally applies where five or more people from more than one household share facilities, subject to the relevant legal definitions and exceptions. Councils can require licences for some smaller HMOs through additional licensing schemes. Check the property with the local housing team; do not use the licensing threshold to decide whether planning permission is needed.
Test the layout before counting rooms
A feasible proposal needs more than bedrooms on a plan. Review shared living space, kitchen and bathroom arrangements, circulation, daylight, storage, refuse and access. Establish the relevant amenity and safety requirements with the appropriate advisers and authority. The conceptual illustration above is not an example of a compliant HMO layout.
Consider everyday use too. Where will residents cook, store possessions and meet? Can maintenance be carried out without disrupting private rooms? These questions help identify a workable brief before the arrangement is fixed.
Keep three workstreams visible
Planning: lawful use, proposed use, local restrictions and any application.
Licensing: the scheme that applies, licence conditions and the information required.
Design and technical review: the suitability of the layout, proposed work and applicable building requirements.
Keep a record of the advice and decisions for each workstream. Approval in one does not mean the others are complete. Avoid committing to occupation or construction on the strength of an assumption.
Prepare for a feasibility discussion
Send the address, existing plans, intended occupancy and any planning or licensing records. TNCO can discuss the design and planning work needed for your proposal. The scope and required specialist input depend on the property; regulatory outcomes cannot be guaranteed.
Sources and further reading
Planning references concern England. General guidance, not a project-specific assessment. Requirements and guidance can change.
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