Planning permission for small houses in multiple occupation
Planning permission for small HMOs - Article 4 Directions in five areas of the city
Planning permission is not normally required to convert a family house into a shared house or HMO for up to six people.
However, in five wards of the city, the council have introduced an 'Article 4 Direction' (as of 5 April 2013) which removes permitted development rights.
This means that within the following five wards planning permission is required to change the use of a single dwelling house (defined as C3) to a property lived in by between three and six people where facilities such as a kitchen or bathroom are shared (C4 use class).
- Hanover and Elm Grove (PDF 1.7MB)
- Hollingdean and Stanmer (PDF 1.7MB)
- Moulsecoomb and Bevendean (PDF 1.4MB)
- Queen’s Park (PDF 1.6 MB)
- St Peters and North Laine (PDF 1.8MB)
The Article 4 Direction addresses the impact of concentrations of HMOs such as increased noise and refuse, the proliferation of “To Let” boards, untidy gardens, additional parking demands and changes to local shopping areas.
There is no need to apply for planning permission for properties that were already in Class C4 use within the Article 4 Direction Area before the direction came into effect (5 April 2013). You should seek to secure your own evidence, such as copies of tenancy agreements, to show that the property was in Class C4 use on or before 5 April 2013. You could also apply to the city council for a Certificate of Lawful Use. There would be a fee for this certificate. If you are in any doubt you should seek independent advice.
Large HMOs (for seven or more people)
If you wish to rent your property to seven or more people in any area of the city, you must apply for planning permission and pay the relevant fee.
Permitted Development Rights for Small HMOs
In January 2014, the Planning Inspectorate issued advice to its Inspectors that HMOs, both C4 and Sui Generis, that are considered to have the character of a dwelling house, can benefit from householder permitted development rights. These rights apply to extensions / alterations which comply with the relevant restrictions set out in the General Permitted Development Order (2015) (as amended), provided that the works are not part and parcel of a wider development which includes a material change of use of the property which requires planning permission.
It is the view of the council, that a change from six occupants (Use Class C4) to seven or more occupants (Sui Generis), and any increase in occupancy from seven or more occupants, represents a material change of use which requires planning permission. Therefore, work associated with / have the intention of facilitating such a change of use will require planning permission. Such works do not in the view of the council represent permitted development.
Map of existing HMOs
Making a planning application
There is no fee for making a planning application required due to an Article 4 Direction.
For a change of use application we would expect a site plan and floor plans
Determining planning applications
Planning applications for changes of use to an HMO will be determined with consideration of the following information:
- Council records relating to HMO properties
- Regard to Policy QD27 Protection of Amenity in the adopted Local Plan
- Policy CP21 of the Adopted Brighton & Hove City Plan Part One.
Licensing Houses in Multiple Occupation
As well as planning permission in some areas of the city an HMO licence is also required.