What is an Article 4 Direction?

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HMO Article 4 directions are a legal means through which a council can require property owners to obtain planning permission when converting single homes or residential properties (C3 use class) into HMOs (C4 use class). The main focus of this piece of legislation is to withdraw the rights permitted under the Town and Country Planning (General Permitted Development Order, GDPO) of 1995.

The GDPO gives homeowners Permitted Development Rights (PDRs) to convert their homes how they see fit, including changing the use class of their properties if they wish, without having to create a formal planning application. Article 4 directions are designed to remove permitted development rights of their choosing in either specific areas of the council or the entire council. Article 4 directions are often put in place for properties in conservation areas.

The idea behind article 4 directions is to grant councils powers that can help control the housing market in certain areas, preventing over-flooding to the community. Article 4 directions can be used by councils to restrict the number of houses in multiple occupation in a given area, especially when considering how the development may affect the area and how the development characteristics may compare with its surroundings.

It’s important to keep in mind that Article 4 only applies to smaller HMOs of up to six residents maximum or other C4 properties. Anything larger than six is considered a larger HMO, which falls under a separate house class and requires different permissions. 

It’s important to keep an equal balance of the types of living accommodations in the housing sector. However it’s important to keep in mind that HMO Article 4 directions directly impact landlords who, traditionally, look to rent C4 class HMOs to students or young people.

For letting agents and landlords, the primary article 4 direction that should be on your radar is the change of use or alteration of a C3 residential property into a C4 HMO. Upon the introduction of an article 4, all landlords and letting agents must apply for planning permission if they intend to convert a property into a HMO. 

Council’s will usually designate an area on a map which indicates where in the region the restriction applies. It can often be difficult to determine whether a property you own may require planning permission based on maps alone, which is why Kamma has been tracking all Article 4 directions across the UK & Wales. Our free property licensing checker tool can tell you if an article 4 direction applies to any address specified, as well as any licensing requirements should you decide to go ahead with converting your property.

Failing to apply for planning permission in an Article 4 area can result in serious consequences. The local planning authority can issue a breach of condition notice under Section 187A of the Town and Country Planning Act 1990, which mandates compliance with specific planning conditions. There is no right of appeal to the Secretary of State against this notice, making prompt action essential to avoid further issues. The notice will outline the necessary steps or activities required for compliance and provide a minimum 28-day period to adhere to these requirements.

Non-compliance can lead to prosecution in a Magistrates’ Court, with fines up to £1,000. Enforcement actions are subject to a ten-year “immunity” rule, meaning continuous breaches over this period cannot be pursued, except in cases involving a single dwelling house, which have a four-year limit. Additional enforcement actions may be taken if compliance is not achieved. Although appealing the notice is not an option, its validity can be contested through a judicial review in the High Court. These potential legal and financial repercussions highlight the importance of obtaining the necessary permissions before any development in Article 4 areas.

In conclusion, Article 4 Directions play a crucial role in managing urban development and maintaining the character of communities by regulating changes in property use. By requiring planning permission for conversions of single homes into houses of multiple occupation (HMOs), these directives empower local councils to control housing density and prevent overdevelopment in sensitive areas.

Understanding and complying with Article 4 Directions is essential for anyone involved in property development or rental in designated areas, ensuring that changes in property use align with broader community planning goals. Leveraging tools like Kamma’s property licensing checker can help property owners, letting agents, and landlords stay informed and compliant with local regulations.

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