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Navigating HMO Planning Permissions: What Every Landlord Needs to Know

  • Writer: Taha & Co.
    Taha & Co.
  • May 27, 2024
  • 2 min read

Updated: Apr 26

Understanding HMOs


A House in Multiple Occupation (HMO) is a property rented out by at least three people who are not from one household but share facilities like the bathroom and kitchen. This category includes bedsits, shared houses, and some types of hostels. HMOs are often utilized by students, young professionals, and individuals seeking affordable housing options.



Planning Permission Requirements


Small HMOs (C4 Use Class)

Properties occupied by between three and six unrelated individuals.

  • Permitted Development Rights: Typically, small HMOs fall under permitted development rights, meaning you don't need planning permission.

  • Article 4 Direction: Some local councils use Article 4 Directions to remove these rights. If this is the case in your area, planning permission is required regardless of the number of occupants.


Large HMOs (Sui Generis Use Class)

Properties housing more than six unrelated individuals.

  • Planning Permission: Always required, as large HMOs fall under the Sui Generis category, which does not benefit from permitted development rights.


Article 4 Directions


Local authorities can implement an Article 4 Direction to control the proliferation of HMOs. This means even small HMOs (3-6 occupants) will need planning permission. These directives are often used in areas with high concentrations of HMOs to manage their impact on local communities.


Licensing Requirements


In addition to planning permission, landlords may need to obtain an HMO license. Licensing ensures properties meet specific standards for safety, amenities, and property management. Requirements vary, so it's crucial to consult your local council for specific regulations.


Steps to Take


  • Consult your local planning authority to understand specific requirements in your area, including any Article 4 Directions.

  • Submit a detailed planning application if required. This includes providing architectural plans and information about how the property will be used.

  • If your property requires an HMO license, apply through your local council. This process may involve inspections to ensure the property meets safety and management standards.


Common Pitfalls


  • Assuming small HMOs do not need planning permission can lead to enforcement actions if an Article 4 Direction is in place.

  • Even if planning permission is not required, failing to obtain an HMO license can result in fines and legal action.


Conclusion


Navigating the planning permission and licensing requirements for HMOs can be complex. While small HMOs generally do not need planning permission, local Article 4 Directions can change this. Large HMOs always require planning permission. Additionally, obtaining the necessary HMO license is crucial to ensure your property complies with all safety and management standards.


Always consult your local planning authority and ensure compliance with all relevant regulations to avoid potential legal issues.


Need Professional Guidance?


If you’re unsure about the planning permission requirements for your HMO or need help with the application process, Taha & Co. can provide expert advice and support. Our team of professionals can guide you through every step, ensuring your project meets all regulatory standards.


Contact Taha & Co. today to schedule a consultation and take the first step towards transforming your property into a compliant and profitable HMO.

 
 
 

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