Do I need planning permission for my HMO?
What is an HMO or House in Multiple Occupation?
A simple non legal definition is that a house (or flat) is an HMO if there are three or more unrelated occupiers. There is also alternative type of HMO under section 257 Housing Act 2004 which provides for certain converted blocks of flats to be a House in Multiple Occupation.
What is a permitted development?
A permitted development is developments that would usually require planning permission but do not require permission because they are deemed to be permitted. The list of permitted developments is contained in the Town and Country Planning (General Permitted Development) Order 1995.
“Class C3. Dwellinghouses
Use as a dwellinghouse (whether or not as a sole or main residence) by—
(a) a single person or by people to be regarded as forming a single household;
(b) not more than six residents living together as a single household where care is provided for residents; or
(c) not more than six residents living together as a single household where no care is provided to residents (other than a use within Class C4).
Interpretation of Class C3
For the purposes of Class C3(a) “single household” shall be construed in accordance with section 258 of the Housing Act 2004.”
“Class C4. Houses in multiple occupation
Use of a dwellinghouse by not more than six residents as a “house in multiple occupation”.
Interpretation of Class C4
For the purposes of Class C4 a “house in multiple occupation” does not include a converted block of flats to which section 257 of the Housing Act 2004 applies but otherwise has the same meaning as in section 254 of the Housing Act 2004.”.
When permitted development does not apply?
Under Article 4 of the permitted development order:
… if the local planning authority is satisfied that it is expedient that development described in any … Class …, should not be carried out unless permission is granted for it on an application, … the local planning authority, may make a direction … that the permission granted … shall not apply to–
(a) all or any development of the … Class … in question in an area specified in the direction.
We are currently compiling a list of Local Authorities that have
that affect HMOs, here are the ones we know of:
Ashford Borough Council
Basingstoke and Deane Borough Council
Bath and North East Somerset Council
Birmingham City Council
Blackburn and Darwen Borough Council
Bournemouth Borough Council
Brighton and Hove City Council
Bristol City Council
Canterbury City Council
Charnwood Borough Council
Cheshire West and Cheshire
City of York
Coventry City Council
Crawley Borough Council (Comes into force 1st October 2017)
Daventry District Council
Durham County Council
Exeter City Council
Great Yarmouth Borough Council
Hastings Borough Council
Hull City Council
London Borough of Barking and Dagenham
London Borough of Barnet
London Borough of Haringey
London Borough of Havering
London Borough of Hillingdon
London Borough of Hounslow
Leeds City Council
Leicester City Council
Lincoln City Council
Manchester City Council
Milton Keynes Council
Newcastle upon Tyne City Council
Northampton Borough Council
Nottingham City Council
Oxford City Council
Plymouth City Council
Portsmouth City Council
Preston City Council
Rother District Council
Sheffield City Council
South Somerset District Council
South Tyneside Metropolitan Borough Council
Southampton City Council
Stevenage Borough Council (Comes into force 20th September 2017)
Sunderland City Council
Tendring District Council
Thanet District Council
Tunbridge Wells Borough Council
Walsall Metropolitan Borough Council
Warwick District Council
Waveney District Council
Welwyn Hatfield Council
West Lancashire District Council
Winchester City Council
Worcester City Council
York City Council
Call HAD & CO Manchester to discuss further: 0161 327 0421
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