Do you need planning permission for your HMO?
A House of Multiple Occupancy or HMO as it’s more commonly known is often viewed as a good investment opportunity.
It’s worth knowing that an HMO is defined as having at least 3 tenants in more than one household, and sharing a toilet, bathroom or kitchen facilities with other tenants.
If there are at least 5 tenants in two or more households living independently of each other, the property is classed as a large HMO and needs an HMO licence from the local council.
In some scenarios converting a property to an HMO may not require planning permission.
Where the HMO would be for six or less individuals (people not rooms), permitted development rights exist that allow the change of use between single family house and small HMO without the need for planning permission.
However, some Local Authorities have used Article 4 Directions to remove this permitted development right, so it’s always worth checking before creating an HMO.
Where planning permission is required, it’s important to ascertain whether the Local Planning Authority have a policy relating specifically to HMO proposals. This policy may seek to direct proposals to areas with good public transport connections, and provide guidance for bin and cycle storage, among other matters.
It helps to work with a planning consultant, who can advise you on the criteria specific to the area and to prevent you from being stuck or to avoid proceeding with projects that may never be successful.
Extensions to HMOs
While you might not need planning permission to convert your property to an HMO, you may need permission if you look to extend it.
Several legal decisions have confirmed that small HMOs (6 or less occupants) are considered dwellinghouses for the purposes of permitted development rights and this provides some scope to extend without the requirement for planning permission.
Where larger HMOs with more than six occupants will result from the proposed extension, planning permission will be needed to convert the property to a larger HMO, and for any extensions or alterations you may wish to do to the property.
When does an HMO become flats?
A building can still be an HMO even if you provide some self-contained units with ensuite bathrooms and private cooking facilities. The building should contain some shared areas or have been converted prior to the modern building regulations coming into force. If the building contains no communal space, then it would be classed as flats.
Get expert help
The planning law around HMOs can be complex and subject to many varying factors like the number of occupants, the property’s use class and whether there are specific local regulations such as Article 4 Directions in place.
At Barker Parry, we’re experienced in assisting property investors to navigate planning permissions for HMOs. Get in touch if you would like to discuss your own investment property – we offer a free initial consultation and we’re very happy to help.
