HMO under permitted development
THERE IS STILL TIME TO CREATE A HMO UNDER PERMITTED DEVELOPMENT
We have decided this month to further clarify Change of Usage to HMO’s***. Since our newsletter in November 2016, 2 more councils have issued Article 4 Directions against HMO’s, Bexley & Hounslow councils are the new entrants to the Article 4 list whilst other councils are finding other ways to manage HMO creation. We have found that 28% of enquiries for 2017 have been related to the creation of a HMO’s, so we have chosen to focus this newsletter on HMO article 4 directions to remove the PD rights of a C3 (residential House) to C4 (HMO less than 6 people). We foresee all other London Boroughs following suit rapidly if they have not already. Do not let this great policy present pass.
There are two areas that you must not confuse when planning your HMO.
- Planning Permission – Planning can be granted via PD if Article 4 has not been applied and the HMO is 6 people or less. Should the HMO be in an Article 4 council or exceeding 6 people you will require Full Planning Permission.
- HMO Licensing – Licensing look at the HMO’s lay out, fire and safety, provisions per room and continual monitoring. Licensing is a separate department to planning.
Councils that have NOT enforced a Article 4 Direction for C3 to C4:
Brent Council, Bromley Council, Camden Council, City of London, Croydon Council, Ealing Council, Greenwich Council, Hackney Council, Hammersmith & Fulham Council, Harrow Council, Parts of Havering Council, Rest of Hillingdon Council, Islington Council, Kensington & Chelsea Council, Kingston Upon Thames Council, Lambeth Council, Lewisham Council, Merton Council, Redbridge Council, Richmond Upon Thames Council, Sutton Council, Tower Hamlets Council, Wandsworth Council and Westminster Council.
Councils that have NOT enforced a Article 4 Direction for C3 to C4:
Barking & Dagenham Council, Barnet Council, Bexley Council, Enfield Council, parts of Haringey Council, parts of Havering Council, parts of Hillingdon Council,parts of Hounslow Council, Newham Council, Southwark Council, Waltham Forest Council.
Clients that have just read the list above are probably about to run to Zoopla and Rightmove to look up the area’s where a HMO is still possible. If you find a good property we would be delighted to assist you in gaining all the consents required. In order to gain consent under Prior Approval you would need to apply for a Certificate of Lawfulness Under PA for a C4 HMO. Our architects are used to designing HMO’s and navigate the regulations to enable maximum rentability.
*** HMO stands for House in Multiple Occupation
