Planning Control
Planning approval is essentially about controlling land use and is required to alter, extend or change existing properties, or make changes to a listed building or a property in a conservation area. Planning approval is needed when a previously singly occupied property is converted into bedsit units or flats.
A dwelling-house typically starts with permission for a single household (a single-family where all residents are related), known as class C3.
Class C4 is defined as a dwelling occupied by not more than six persons as an HMO (unrelated sharers). Still, this class does not include a building that has been converted into flats, and the conversion does not meet the appropriate building regulations (known as a section 257 HMO).
Subject to local authority exemption from the rules (see below), planning permission is not required to change the use of a dwelling from C3 (single-family) to C4 (up to 6 unrelated persons sharing). This is known as a ‘permitted development’. It’s also a permitted development to change the use from class C4 (HMO) to C3 (single household).
Where there are to be seven or more sharers, planning permission would generally be required. There is no defined class for more than six sharers, known as a Sui Generis use.
In many towns (mainly associated with large numbers of students), local authorities have obtained what is known as Article 4 directions, which means that planning permission is required for any new class C4 HMOs and the above mentioned permitted development (C4 to C3) does not apply. HMOs that existed before these powers came into effect retain their use whilst being used as HMOs.
There will be a separate planning policy or guidance about a designated control area in each locality. In this case, you should seek the advice of the planning authority before undertaking any work to convert a house to an HMO, as permission for this may not be forthcoming. If an existing HMO is being purchased, the purchasers should ask for confirmation from the seller (ideally in a letter from the relevant planning authority) that the house has been previously used as an HMO.
Obtaining Planning Approval
To obtain planning approval, an application with detailed drawings and payment of a fee is made to the local planning authority. The authority will consider the application, consult with residents, and issue a decision with the reasons for that decision. The approval may have conditions attached.
An applicant aggrieved by the decision can appeal against it to the Planning Inspector or may negotiate with the planning authority and amend and re-submit the application.
The local authority can take enforcement action against unapproved developments requiring the reinstatement of the property back to its original condition.
Certificate of Lawful Use
Unapproved conversions of singly occupied houses to HMOs and flats are outside the time limits for enforcement action by planning authorities if you can prove established use for ten years in the case of bedsit properties and four years for buildings in flats.
After the above periods, an application can be made to the planning authority for a Certificate of Lawful Use (CLU), which means that the use of the property is lawful despite the use not having planning approval.