There is often confusion over whether a property needs planning permission to be used as a house in multiple occupation (HMO) or if planning permission is required to change the use of an HMO to a house. There are a few rules that can be hard to understand, but we will try and summarise them below for you. 

Before we go through them however, please note that this is meant to be a helpful reference point and not an exhaustive guide. To understand if you need planning permission please talk to your planning consultant, or get in touch with us if you don't have one..!

When changing the use of a house to an HMO, or vice versa, it is first important to establish the current, and intended use of the property in line with the Town and Country Planning (Use Classes) Order 1987 (as amended). The Order puts different uses of buildings and land into Use Classes.

Use Class C3 covers dwelllinghouses and is split into three parts:

• C3(a) covers use of the property by a single person or a family (a couple whether married or not, a person related to one another with members of the family of one of the couple to be treated as members of the family of the other), an employer and certain domestic employees (such as an au pair, nanny, nurse, governess, servant, chauffer, gardener, secretary and personal assistant), a carer and the person receiving the care and a foster parent and foster child.
• C3(b) covers up to six people living together as a single household and receiving care e.g. supported housing schemes such as those for people with learning difficulties or mental health problems.
• C3(c) allows for groups of people (up to six) living together as a single household. This allows for those groupings that do not fall within the C4 HMO definition, but which fell within the previous C3 use class, to be provided for i.e. a small religious community may fall into this section as could a homeowner who is living with a lodger.

Use Class C4 covers small houses in multiple occupation for small shared houses occupied by between three and six unrelated individuals, as their only or main residence, who share basic amenities such as a kitchen or a bathroom.

But, an HMO with more than six unrelated individuals, as their only or main residence, who share basic amenities such as a kitchen or a bathroom, will not fall within Use Class C4 and instead will be classified as Sui Generis which is defined as being within a class of its own.

Once you can identify the existing and proposed use, you are then able to work out if planning permission will be needed. The Town and Country Planning (General Permitted Development) (England) Order 2015 includes a schedule of permitted development rights where certain forms of development, or changes of use do not require planning permission.

Once such permitted development right is Class L of Part 3 which allows:

1. Development consisting of a change of use of a building–

(a) from a use falling within Class C4 (houses in multiple occupation) of the Schedule to the Use Classes Order, to a use falling within Class C3 (dwellinghouses) of that Schedule;

(b) from a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order, to a use falling within Class C4 (houses in multiple occupation) of that Schedule.

There are two restrictions where development is not permitted by Class L if it would result in the use–

(a) as two or more separate dwellinghouses falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order of any building previously used as a single dwellinghouse falling within Class C4 (houses in multiple occupation of that Schedule; or

(b) as two or more separate dwellinghouses falling within Class C4 (houses in multiple occupation) of that Schedule to any building previously used as a single dwellinghouse falling within Class C3 (dwellinghouses) of that Schedule.

So long as these two requirements are met, the change of use of a small HMO to a dwellinghouse and vice versa will most likely not require planning permission. The exceptions to this are if the property is covered by an Article 4 direction removing the ability to utilise Class L or if there is a condition attached to a previous permission that removing permitted development rights. If this is the case, the change of use would require planning permission. Whilst permission may not be required, it is often beneficial (and strongly advised by us) to obtain a lawful development certificate to confirm that the proposed use of the property is lawful. Securing a LDC can avoid nasty surprises down the road...

If you are proposing the change of use of a C3 dwelling to an HMO with more than 6 occupants (Sui Generis), or vice versa, this will require planning permission. 

We have helped a number of clients deal with the HMO minefield and we are more than happy to have a chat with you about your property. 

If you are thinking of converting a dwelling into an HMO or vice versa, whether it requires planning permission or not, get in touch with one of our friendly team to see how we can help.

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