Planning Control
Planning approval is essentially about controlling land use and is required to alter, extend or change existing properties, or make changes to a listed building or a property in a conservation area. Planning approval is needed when a previously singly occupied property is converted into bedsit units or flats.
A dwelling-house typically starts with permission for a single household (a single-family where all residents are related) is known as class C3.
On 25 February 2016, a new Class C4 was created, defined as a dwelling occupied by not more than six persons as an HMO (unrelated sharers). This class does not include a building converted into flats, either type three or type five mentioned before, as the conversion to separate units of accommodation always needs a proper planning application (referred to as sui generis planning).
From 25 February 2016, a change of use from C3 (single household dwelling) to C4 (HMO) will require planning permission. However, to go from C4 (HMO) to a C3 (single household dwelling), it will be a permitted development (so planning permission is not necessary).
Where there are to be seven or more sharers, full sui generis planning permission would generally be required. There is no defined ‘class use’ for more than six sharers.
HMOs that existed before these powers came into effect retain their use whilst being used as HMOs as long as the use was lawful under the rules at that time during that period.
There will be a separate planning policy or guidance of a designated control area in each locality. In this case, you should seek the advice of the planning authority before undertaking any work to convert a house to an HMO, as permission for this may not be forthcoming. If an existing HMO is purchased, they should ask for confirmation from the seller (generally in a letter from the relevant planning authority) that the house has been previously used as an HMO.
Obtaining Planning Approval
To obtain planning approval, an application with detailed drawings and payment of a fee is made to the local planning authority. The authority will consider the application, consult with residents, and issue a decision with the reasons for that decision. The approval may have conditions attached. Planning works on planning policies, so knowing the local policy is very important. For example, in an area with a high student let population, they may have a policy not to allow more C4 properties. Knowing this before application or purchase can be very helpful.
An applicant aggrieved by the decision can appeal against it to the Planning Inspector or may negotiate with the planning authority and amend and re-submit the application.
The local authority can take enforcement action against unapproved developments requiring the reinstatement of the property back to its original condition.
Certificate of Lawful Use
Unapproved conversions of singly occupied houses to HMOs and flats are outside the time limits for enforcement action by planning authorities if you can prove established use for ten years in the case of bedsit properties and four years for buildings in flats.
After the above periods, an application can be made to the planning authority for a Certificate of Lawful Use (CLU). This means that the use of the property is lawful despite the use not having planning approval.