Article 4

  1. What is Article 4 Direction?

  • ✅ A local council rule that removes “permitted development” rights.
  • ✅ Usually prevents a property from being converted to an HMO without planning permission.
  1. When Does It Apply?
  • ✅ In areas designated by the council (often high-density residential or student-heavy areas).
  • ✅ When converting a house into an HMO with 3+ tenants (sometimes 5+, depending on local rules).
  • ✅ For changes in property use that normally don’t need planning permission.
  1. Why It Matters
  • ✅ Avoids legal issues: carrying out work without permission can lead to fines or enforcement action.
  • ✅ Ensures the property meets local housing and safety standards.
  • ✅ Helps councils manage housing density and protect neighbourhoods.
  1. What Landlords Should Do
  • ✅ Check with the local council (planning department) before converting to an HMO.
  • ✅ Apply for planning permission if Article 4 applies.
  • ✅ Keep records of approvals and correspondence for compliance purposes.
  1. Tips
  • ✅ Article 4 rules differ by council—always check the specific council map and guidance.
  • ✅ Some councils give notice periods before Article 4 applies—plan ahead.
  • ✅ Combine with HMO licensing checks to ensure full compliance.

Article 4 Direction & HMOs – Existing Properties

  1. What Article 4 Direction Does:
  • Removes the “permitted development” rights that normally allow a house to be converted into a small HMO (usually 3–6 tenants) without planning permission.
  • Aims to control the number and location of HMOs in certain areas.
  1. When Article 4 Does Not Apply:
  • Existing HMOs are “lawful” if they were already operating before the Article 4 Direction came into effect.
  • ✅ The council cannot force existing HMOs to obtain retrospective planning permission.
  • ✅ Only new conversions or properties that were previously single-family homes and are converted after Article 4 takes effect need planning permission.
  1. Why This Matters for Landlords:
  • ✅ If your property was already an HMO before the Article 4 Direction, you can continue operating under its existing use.
  • ✅ You must still comply with HMO licensing, safety, and management regulations.
  • ✅ Article 4 only restricts future conversions, not established HMOs.
  1. Practical Steps:
  • ✅ Keep evidence of the HMO’s operation before the Article 4 date (leases, utility bills, management records).
  • ✅ Check the council’s Article 4 Direction map and legislation for your area.
  • ✅ Ensure ongoing HMO compliance (licensing, fire safety, communal cleaning, etc.).

Summary:

“Article 4 protects existing HMOs from retroactive restrictions—it only applies to new conversions.”