Understanding Article 4 directions and their impact on HMOs
If an Article 4 direction now covers small HMOs in your area, your options depend on your situation: existing small HMOs may need no immediate action, while new or expanding HMOs may pursue a Certificate of Lawful Use under Section 191.
If Article 4 directions have recently come into force for small HMOs in your area, or if you have been renting a house to more than six people without local authority planning approval, you may be wondering what steps to take. This article assumes there is no condition or covenant regarding the building in question, and outlines 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 do not need to take any immediate action. Documentation proving lawful use on the implementation date is advisable.
Certificate of Lawful Use application (Section 191)
Property owners may apply for a Certificate of Lawful Use under Section 191 to formalise and secure their small HMO status.
New or expanding HMOs
Properties established or expanded after the Article 4 direction, or larger HMOs lacking planning permission, may qualify for a Certificate of Lawful Use under Section 191 if continuously used as an HMO for a minimum of 10 years with substantial supporting evidence. Importantly, there should be no enforcement notice in effect on the date of your application.
Conclusion
Requirements vary by location, so we recommend consulting your local authority or a planning professional for guidance specific to your circumstances.