HMO definition for planning
Some HMOs require planning permission to be used as HMOs. The definition of an HMO for planning purposes is different to the definition for licensing and management purposes. Most let properties will either be Dwelling Houses or Houses in Multiple Occupation.
Dwelling Houses
There are now 3 classifications of a dwelling house
Some HMOs require planning permission to be used as HMOs. The definition of an HMO for planning purposes is different to the definition for licensing and management purposes. Most let properties will either be Dwelling Houses or Houses in Multiple Occupation.
Dwelling Houses
There are now 3 classifications of a dwelling house
- Class C3(a) – those living together as a single household as defined by the Housing Act 2004 (basically related people, or co-habiting couple). There is no restriction on the number of people that who can live as a single household.
- Class C3(b) – up to 6 people, living together as a single household and receiving an element of care. Single household is not defined here.
- Class C3(c) – not more than 6 people living together as a single household, where no care is provided, and who do not fall within the C4 definition of an HMO. For example, as small religious community or a home owner living with 2 lodgers.
Houses in Multiple Occupation (3-6 occupants)
A new Class C4 has brought the definition for planning more in line with the Housing Act 2004.
- Class C4 – small shared dwelling houses occupied by between 3 and 6 unrelated individuals who share basic amenities. Must be occupied as the main residence.
Large Houses in Multiple Occupation
Those with more than 6 people sharing are unclassified and termed a sui generis use – ie ‘of their own kind’
As there is no formal definition of ‘household’ for planning purposes (apart from C3(a) ), planning officer will look for evidence that the tenants are together as a joint household. Such evidence might include:
- whether or not the tenants moved in together
- whether they know one another
- whether they are on a joint tenancy or are simply renting individual rooms
- the availability of communal facilities such as kitchens, dining rooms and living rooms where the tenants might socialise together
- whether or not individual doors are lockable against other tenants
This is not an exhaustive list and for more information a landlord should consult the local planning authority.
These definitions came into force on 6th April 2010 and do not apply retrospectively, so only those starting or changing use after that date will need permission.
From 6th of April 2010 landlords were required to get permission if they intend to let a family home (classed as C3 Dwelling House) to three or more unrelated people, who share amenities (class C4).
Landlords who were letting a property to three to six unrelated sharers as at 5 April 2010 would have an established right to continue to let their property in this way from the 6 April 2010, even if the property is let to new tenants after this date. However it is incumbent on the landlord to prove that the property was let in this way on 5th April, not on the Local Authority to prove that it was not. Make sure you keep records of previous tenancies to prove this.
If the property is let as a shared house to a family or single person you may lose your right to let it as a shared house in the future. It is advisable to consult the Planning Department in the Local Authority where your property is based before reletting your property. Ask for any clarification to be made in writing.
The new government has now relaxed the requirement and this means you no longer automatically require planning permission. However, the Government has allowed individual Local Authorities to decide whether they will require it in all or parts of their area. This came into effect on 4th October 2010. Again it is worth asking your local authority if permission is required.