HMO Frequently Asked Questions

HMO Frequently Asked Questions 01

What is an HMO?

An HMO, (House in Multiple Occupation), is a rental property occupied by three or more unrelated people forming one household. Typically, an HMO property will have shared kitchen, living and bathroom facilities and each bedroom is rented out separately

HMO Frequently Asked Questions 02Can I convert a house into an HMO under Permitted Development rights?

Generally, you don’t need planning permission when converting from a dwelling house or flat to an HMO property, which is a small shared house of up to six unrelated individuals. This conversion is available under Permitted Development rights.

We say generally as if your Council decides to remove permitted development rights by enforcing what is known as an Article 4 Direction then planning permission will be required to change the use from a C3 Dwelling House to a C4 HMO.

Can I still create an HMO in an area subject to Article 4 Direction?

Article 4 Directions do not stop development, but under these directions permitted development rights are removed and full planning permission is required. If the Article 4 Direction is to restrict the automatic change of use from a C3 dwelling house to C4 HMO then you need to apply for planning permission for your HMO conversion

What is Permitted Development?

This is permission granted by the government when the alterations you wish to make comply with its regulations. You do not need to apply for Planning Permission to make these alterations. For a single family dwelling of Use Class C3 this includes certain extensions, loft conversions and change-of-use to a small HMO C4, (subject to conditions).

What other Permission do I require?

An HMO will need to be licensed. This is completely separate legislation from planning permission and is dealt with by a different legal entity.
Building Regulation approval is also required in respect of conversion and change of use works to provide new HMOs.

What’s Difference Between Use Class C3, Use Class C4 and Sui Generis?

A family home or a home used by a single person is classed as C3 (Dwelling House/Flat)

A small shared house of up to six unrelated individuals is classed as a C4 (HMO)

A house for more than six unrelated individuals is known as a Large HMO (Sui Generis)

Generally, a family home C3 can be converted to a small HMO C4 under Permitted Development, however if you wish to create a Large HMO, maybe from either a C3 dwelling or a C4 HMO, then you will need to obtain planning permission as there is no Permitted Development right to convert.

But it’s always been an HMO

If not registered as an HMO under planning but it has an established historic use as one, then an application for a Certificate of Lawfulness for Existing Use can be authorised through the passage of time. The appellant must show that the use has continued for at least 10 years prior to the date of the application.

 

HMO Frequently Asked Questions 03

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Home Extension Toolkit

  • Why use an architect?
  • 6 Misconceptions
  • What Permissions do I need?
  • Planning vs Building Regulations
  • Building Regulations Explained
  • Don't ignore the Party Wall Act
  • How much do house extensions cost?
  • Permitted Development for Loft Conversions
  • Extending your home under Permitted Development
  • Extending Your Home Upwards

Project Planning Toolkit

  • Why use an architect?
  • The design process
  • What permissions do I need?
  • Planning vs Building Regulations
  • Building Regulations explained
  • Don't ignore the Party Wall Act
  • How much do house extensions cost?
  • How long does it take to build a house extension?
  • traditional procurement vs design & build
  • 10 top tips for employing a builder
  • top 10 tips for a smooth running project

HMO Design Toolkit

  • Becoming HMO landlord - What's the appeal?
  • National Minimum Amenity Standards
  • HMO Frequently Asked Questions
  • HMO Licensing - What is it?
  • HMO Planning Permission
  • Common reasons for HMO Planning refusal
  • Planning vs Building Regulations
  • Don't ignore the Party Wall Act
  • Extending your house under permitted development
  • Permitted Development for a loft conversion

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