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 required when a previously single-occupied property is converted into bedsit units or flats.
Because planning use classes, Article 4 directions, and enforcement immunity are fact-specific, landlords should check the position with the local planning authority before relying on permitted development or established use.
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 comply with the appropriate building regulations (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; this is known as a Sui Generis use.
In many towns (mainly those with large student populations), local authorities have obtained what are known as Article 4 directions, which mean that planning permission is required for any new Class C4 HMOs, and the permitted development right from C3 to C4 does not apply. HMOs that existed before these powers came into effect retain their use 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 the seller for confirmation (ideally in the form of a letter from the relevant planning authority) that the house has previously been 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 may appeal to the Planning Inspector or negotiate with the planning authority to amend and resubmit the application.
The local authority can take enforcement action against unapproved developments, requiring the property to be reinstated to its original condition.
Certificate of Lawful Use
Planning enforcement time limits in England changed from 25 April 2024, with transitional rules. In many cases, breaches of planning control now become immune from enforcement after 10 years, but older breaches and some changes of use may still be subject to the previous four-year rules. Evidence of continuous use remains important before applying for a Certificate of Lawful Use.
After the above periods, an application can be made to the planning authority for a Certificate of Lawful Use (CLU), which means the use of the property is lawful despite not having planning approval.