Changes of use to houses in multiple occupation (HMOs) – new rules from 3 June 2020
The Article 4 Direction covering 5 wards of the city that requires planning permission for changes of use from use class C3 (dwelling house) to a use class C4 (small HMO) is being extended citywide from 3 June 2020. This means that a change of use from C3 to C4 will require planning permission anywhere in the city from this date, except the area within the South Downs National Park.
There is no need to apply for planning permission for properties that were already in Class C4 use within the expanded Article 4 Direction Area before the direction comes into effect. You should seek to secure your own evidence, like copies of tenancy agreements, to show that the property was in Class C4 use on or before 3 June 2020.
You can also apply to the city council for a certificate of lawful use. There is a fee for this certificate. If you're in any doubt you should seek independent advice.
You're likely to need planning permission for new buildings and for major changes to existing properties and the local environment.
Minor work on listed buildings or work in conservation areas is also likely to need consent.
In certain circumstances, developments are automatically permitted – this 'permitted development’ does not require consent.
Check the Permission Needed? section of the Planning Portal, and look up your project in their list of common projects.
Householders - sources of information
Please be aware that for formal confirmation that works are permitted development, you will need to apply for a certificate of lawful development (LDC).
Even if your development seems to be permitted by these rules, it's still important to check that the building or land has not had its permitted development rights removed or limited for some reason. In some cases, there will be special conditions attached to previous development that can restrict these rights.
Brighton & Hove also has Article 4 Directions which limit the scope of permitted development rights in these areas of the city.
Listed buildings and conservation areas
To find out if your property is protected as a listed building or falls within a conservation area please check our listed buildings and conservation areas pages.
See also our policies and guidance on listed buildings and demolition in conservation areas.
If your property is affected, you will need to apply for listed building consent in addition to your application for planning permission.
Certificate of lawful development
If you need to prove to anyone, such as a prospective buyer, that building work you’ve done is lawful, you can apply for a Certificate of Lawful Development (LDC).
Find what you need to do by using Brighton & Hove's LDC Checklist.
General policy guidance and advice
See our policy advice and guidance section of our website for more information.
Please contact our Arboricultural Service for any advice on work relating to trees, or if you see tree work taking place which you believe may not be authorised.
Even if your building project does not need planning permission, you will still need to comply with building regulations.
Find out the difference between building regulations and planning permission.
For more information, go to the Planning Portal's extensive building regulations pages.
We also have extensive information on our own building control pages.