HMO Planning Law change

From today, 6th April 2010, an amendment has been made to the Use Classes Order of The Town and Country Planning Act. What this means is that if you rent a house to three or more unrelated individuals it will require planning permission. In simple terms the law changes the definition of a 'Class C3' dwellinghouse from 6 unrelated individuals to 3 and created a new class, 'C4 HMO.' In practice the planning permission will change the class form C3 to C4. The law is not retrospective and so a property currently occupied by 3 or more unrelated individuals will not need planning permission. Please remember that use of a property by more than six tenants may have needed planning permission under the old rules and this has not changed.

The law becomes more complicated when the use of the property fluctuates over a period of time between C3 and C4 use. Most commentators feel that there is no need to apply for planning permission to change back from C4 to C3, but opinion is divided as to whether you need to apply for planning permission every time the class changes to C4 or whether once permission is granted this remains in place for a certain period of time.

The best advice is to contact the planning department of the local council. Remember that the law was designed to assist councils in deciding whether there are too many HMO's in a particular area. They will be the enforcing authority and I would suggest that their interpretation of the legislation should also be yours.