Article 4 directions explained for student landlords
AFS Team·19 June 2013·4 min read
Around 60 councils in England have voted in or are considering article 4 directions, so here’s a look at how the rules affect student landlords running houses in multiple occupation (HMOs).
What is an article 4 direction?
The direction is all about the permitted development rights of a property owner. Permitted development rights let homeowners change their properties without planning permission – for instance putting up a shed in the garden.
If a direction is in force, those development rights are restricted.
The most common direction involves conservation areas, where councils can dictate how homes are changed in line with the look of the area.
However, councils are using article 4 directions to control numbers of HMOs by requiring the owners apply for planning permission when a property changes use from a family home to a small HMO shared by three to five unrelated tenants.
Where can I read the legislation?
See Article 4(1) of the Town and Country Planning (General Permitted Development) Order 1995, as Amended
How are student landlords affected by the direction?
A landlord must gain planning permission to convert a property in to a small HMO if an article 4 direction is in force for the neighbourhood.
What about larger HMOs?
A large HMO – shared by six or more tenants in two or more households – has always needed planning permission and an article 4 direction does not change that requirement.
What about existing HMOs?
If a student landlord is letting an HMO and the council imposes an article 4 direction, the property is deemed to have planning permission from the date the direction starts.
Do I need permission to stop being an HMO?
No. Student landlords can convert a small HMO to a family home or buy to let in a neighbourhood controlled by an article 4 direction without planning permission, but if they want to reopen as an HMO, they must reapply for planning permission.
How do know if an article 4 direction is in force?
Ask the council. Some article 4 directions cover a neighbourhood, while others cover entire council areas. Don’t forget to ask for confirmation in writing. Some councils have maps highlighting article 4 direction zones online.
When should I look into article 4 issues?
Check out if you need planning permission before exchanging contracts. Buying and then discovering the council is imposing an article 4 direction could mean you cannot let the property as an HMO.
