Complying with Planning Requirements for HMO Buildings

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:

• Occupied by at least 3 persons not forming a single household.
• The HMO is occupied as the only or main residence.
• Rents are payable or other consideration is provided for at least one of the occupants.
• Two or more households share one or more basic amenities (or lack such amenities).

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:

• Loss of family housing
• Noise and disturbance
• Pressure on parking
• Transport links
• Loss of local housing character
• Concentration of HMOs
• Living standards of the residents
• General loss of environmental quality
• Amenity space
• Original internal floor space

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:

• Housing Act 2004: https://www.legislation.gov.uk/ukpga/2004/34/contents
• Uses Classes Order 2020: https://www.legislation.gov.uk/uksi/2020/757
• General Permitted Development Order (GPDO) : https://www.legislation.gov.uk/uksi/2015/596/contents

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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.

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