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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.

Use classes:

“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

Cornwall Council

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

Harlow 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

Newcastle-under-Lyme 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

We have offices throughout the UK.

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