Complying with planning requirements for HMO buildings
Complying with planning requirements for HMOs depends on type: small HMOs (Use Class C4, 3-6 residents) are often permitted development, while larger HMOs (Sui Generis, more than 6 people) need a planning application.
Planning for HMOs
Under planning legislation, an HMO is a house or flat rented to three or more occupants forming two or more households with some sharing of amenities. The Use Classes Order classifies them into two types:
Infants less than a year old may not be included in the resident count, but children do count. Always check with your local authority to confirm specific regulations.
- Use Class C4 (small HMOs): properties housing between 3 and 6 residents.
- Sui Generis (larger HMOs): HMOs with more than 6 people fall under this classification.
Class C4 HMO (small HMO)
For Class C4, 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 (converted flats). A C4 HMO is a building or part of a building that meets the following criteria:
Where there are no conditions, covenants or Article 4 directions in place, changing use from C3 (residential) to C4 (HMO) is permitted development under Class L, Part 3 of Schedule 2 of the GPDO. This means no planning application is required for conversion or reversion (since 2010).
- Occupied by at least 3 persons not forming a single household.
- Occupied as the only or main residence.
- Rent is payable or other consideration is provided for at least one occupant.
- Two or more households share one or more basic amenities (or lack such amenities).
Sui Generis (larger HMOs)
Larger HMOs classified as Sui Generis require a planning application because they represent a material change of use. The decision is based on planning material considerations, including but not limited to:
Every local authority has its own guidance and policies. Some specify minimum internal space, room sizes, communal rooms and kitchen size beyond the licence requirement. In a conservation area, a heritage statement may be required for material external changes. A management statement and a refuse and recycling proposal may also be necessary.
- 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
Additional considerations
Where the property is a listed building, Listed Building Consent is required. An S106 agreement between the council and the applicant may be needed to secure measures mitigating impacts that cannot be addressed through planning conditions.
'Basic amenities' for HMOs are defined under Housing Act section 254(8) and include a toilet, personal washing facilities or cooking facilities. Schedule 14 lists buildings not considered HMOs for planning purposes, including registered social landlord and local authority housing, care homes, bail hostels, children's homes, student accommodation managed by an educational establishment, and properties used for religious community purposes.
In conclusion, complying with planning requirements for HMOs involves careful consideration of the type of HMO, local regulations and the specific needs of the property. Work closely with your local authority and consult the relevant legislation to ensure compliance.