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When it comes to renting a property as a House in Multiple Occupation (HMO), it's important to
understand that there are several distinct aspects that need to be addressed. These include Planning, Licensing, and Building Control. In this article, we will focus on the planning requirements for HMO buildings and clarify the differences between obtaining an HMO license and obtaining planning permission. Planning for HMOs Under planning legislation, an HMO is defined as a house or flat rented to three or more occupants, forming two or more households with some sharing of amenities. These are classified under the Uses Classes Order 2020 into two types: Use Class C4 (Small HMOs): This category includes properties housing between 3 and 6 residents. Sui Generis (Use Class of its Own) (Larger HMOs): Larger HMOs, with more than 6 people, fall under this classification. It's important to note that infants less than a year old may not be included in the resident count, but children do count. However, you should always check with your Local Authority (LA) to confirm specific regulations. Class C4 HMO (Small HMO) For Class C4 HMOs, the occupation of a dwelling has a specific meaning as defined in section 254 of the Housing Act 2004, with an exception for section 257 (relating to converted flats). An HMO in this category is a building or part of a building that meets the following criteria:
In cases where there are no conditions, covenants, or Article 4 directions in place, changing the use of a dwelling from C3 (residential) to C4 (HMO) is considered permitted development under Class L, Part 3 of Schedule 2 of the General Permitted Development Order (GPDO). This means that no planning application is required for either conversion (C3 to C4) or reversion (C4 to C3) since 2010. Article 4 directions are discussed in another of our blog articles. Sui Generis Larger HMOs Larger HMOs classified as Sui Generis require a planning application because they represent a material change of use. The decision on such applications will be based on various planning material considerations, including but not limited to:
Every LA has its own guidance and policies, and requirements may vary. Some councils may specify a minimum internal space requirement, room sizes, communal rooms, and kitchen size beyond what is necessary for a license application. If the building is in a conservation area, a heritage statement may be required for any material external changes. A management statement and refuse and recycling proposal may also be necessary for this type of planning application. Additional Considerations In cases where the property is a listed building, Listed Building Consent will be required. Additionally, an S106 agreement between the council and the applicant may be considered necessary to secure measures required to mitigate the impacts of the development that cannot be addressed through planning conditions. 'Basic amenities' for HMOs are defined under the Housing Act section 254(8) and include a toilet, personal washing facilities, or cooking facilities. However, Schedule 14 of the Housing Act lists certain types of buildings that are not considered HMOs for planning purposes. These include social landlord registered and local authority housing, care homes, bail hostels, children's homes, properties occupied by students managed by an educational establishment, and properties used for religious community purposes or managed by 'fire and rescue authorities' or 'health service bodies.' For further information, you can refer to the following legislations:
In conclusion, complying with LA planning requirements for HMO buildings involves careful consideration of the type of HMO, local regulations, and the specific needs of the property. It's essential to work closely with your local authority and consult the relevant legislations to ensure compliance and a successful HMO venture. Like this post? Consider sharing it or saving it for later
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If Article 4 directions have recently come into force for small HMOs in your area, or if you've
been renting a house to more than six people without local authority (LA) planning approval, you may be wondering what steps to take. We assume that there is no condition or covenant regarding the building in question. This article aims to provide guidance on your options: Small HMOs (up to 6 people): If your property was a small HMO with a maximum of six people on the day the Article 4 direction was issued, you typically don't need to take any immediate action. The use will be considered lawful after that date. However, it is advisable to maintain documentation proving the lawful use on the date of the Article 4 implementation. Certificate of Lawful Use Application (Section 191): For added assurance and to formalize the lawful use of your small HMO, you have the option to apply for a Certificate of Lawful Use under Section 191. This step can help clarify and secure your property's status. New or Expanding HMOs: If your HMO was established or expanded after the Article 4 direction was implemented, or if it falls under the category of a "big HMO" without the necessary planning permission, you might be eligible to apply for a Certificate of Lawful Use under Section 191. The key requirement in this case is that the property has been continuously used as an HMO for a minimum of 10 years. You must be able to provide substantial evidence to support your application, and the continuity of use is crucial. Importantly, there should not be an enforcement notice in effect on the date of your application. Understanding and complying with Article 4 directions is essential for property owners and landlords. It's recommended to consult with local authorities or planning professionals for specific guidance on your situation. Ensuring your property's compliance with regulations and planning permissions is crucial to avoid potential legal issues in the future. It's important to note that the specific requirements and procedures may vary depending on your location and local regulations, so seeking advice from local authorities or experts is advisable when dealing with Article 4 directions and HMOs. Like this post? Consider sharing it or saving it for laterSo, you've cleared the hurdles, jumped through the hoops, and secured that precious planning approval.
Your project is all set to sail smoothly, or so you thought. But here's the twist – what if new issues crop up after your planning application has been given the green light? Fear not, for we're here to unravel the mysteries of planning law, and explore the intriguing pathways that can guide you through these post- approval dilemmas. The Forks in the Road: When it comes to post-approval modifications, you've got four roads to choose from: 1. Making Section 96A Non-Material Changes to a Planning Application: The term 'non-material' isn't carved in stone by the law; it's left to the Local Authority's discretion. What's considered non-material at one site might be substantial at another, depending on the intricacies of the planning merits. Cumulative amendments from the past could potentially tip the scale into 'material.' Within this process, you can tweak the application's description or adjust conditions, as long as these changes remain non-material. Local Planning Authority can impose new condition or vary the existing. This is a revision of a prior application and doesn't impact the time limit. It doesn't require a new application, meaning the Local Authority skips the consultation process. However, you must inform other stakeholders with land interests and maintain records. The decision only pertains to the non-material amendments and doesn't reissue the original planning permission. There's no right of appeal under section 78 of the 1990 Act. Note that this process doesn't apply to revisions of Listed Building Consent. The decision must be made within 28 days, and the fee stands at £36 for householder planning applications. Please see the link as a reference: https://www.legislation.gov.uk/ukpga/1990/8/section/96A 2. Making a Section 73 Variation of Condition Application to Permission: If your modifications are more substantial and involve varying or removing conditions from your original planning application, this is the path to take. There are no statutory limits on what kind of amendments can be made, as long as they relate to the existing conditions. This application can't change the development description or the commencement time limit, as confirmed in the case of Finney v Welsh Ministers [2019] EWCA Civ 1868. This process is a new independent permission, standing alongside your previous approval variation/removal of condition application is granted planning permission, either the original or the new permission can be implemented as they are separate permissions. therefore gives the developer an opportunity to request changes to the conditions attached to a planning permission without risking losing the original planning permission. S73 application can be made after long time if the planning application is extant. If your original permission involved a planning obligation, this might require a deed of variation. You can't use Section 73 if the permission doesn't include relevant conditions listing the originally approved plans. In this case, you'd need to amend the application under Section 96A and add a condition, then proceed with the Section 73 application. Instead of using S73, if you go to appeal to remove a condition, the principal of development may be at risk and whole development is at risk. When local authorities make decisions, they focus on national and development plan policies, along with other considerations that may have significantly evolved since your initial approval. The application must be submitted by the original applicant or someone authorized by them due to copyright considerations. It's important to note that Section 73 applications are limited to non-compliance with conditions and can't be used to introduce conditions inconsistent with the original planning permission's operative part. The fee for this application is £234, determined based on the original application. An appeal right exists under section 78 of the 1990 Act, with specific timeframes for householder and non-householder applications. The 73 section can be used for changes ‘as proposed’, for development that is underway, or when completed with section 73a the change can be retrospective as below. Please see the link as a reference: https://www.legislation.gov.uk/ukpga/1990/8/section/73 3. A Retro-Retrospective Planning Application under Section 73A of the Act: Now, this application is your go-to choice for regularizing situations where construction commenced without a planning application, the time limit has elapsed, or there's been a breach of planning conditions. If the building is completed, retro respective application may be the option instead of Section 73 application. Lawson Builders Ltd v Secretary of State for Communities and Local Government [2015] EWCA Civ 122, Pitchford LJ, case shows that. Please see the link as a reference: https://www.legislation.gov.uk/ukpga/1990/8/section/73A 4. A new application If it is not stated on the site and the changes will be out of scope of S73 a new application can be a solution. In the ever-evolving realm of planning law, post-approval modifications needn't be a daunting labyrinth. Each of these avenues presents a unique solution tailored to your specific situation. So, whether you're tweaking the finer details or facing more substantial changes, there's a path to guide you through the maze, ensuring your project stays on course. Like this post? Consider sharing it or saving it for later |
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