A Guid to HMO and Planning Permission 2023

Houses in Multiple Occupation (HMO) investments can be profitable, especially in regions where there is a significant demand for rentals. However, it's vital to comprehend the nuances of planning approval and licencing criteria before entering this real estate specialty. Does an HMO need planning permission? is a pressing concern, and this article seeks to shed light on these issues.

Does a HMO Require Planning Permission?

The number of residents and the particular municipal restrictions play a significant role in determining whether an HMO need planning authorization. In the UK, a property's change in use is frequently subject to planning approval. Such a transformation would involve turning a single-family home into an HMO, which might necessitate the use of planning clearance. This is largely due to the fact that HMOs may significantly affect parking, garbage removal, and noise levels in the neighbourhood.

Permitted development rights, which allows some property alterations without official planning approval, may apply in some situations to smaller HMOs with a small number of inhabitants. The conversion to an HMO may not always be covered by authorised development rights, so it's important to check with your local planning authorities to find out what's required in your region.

Definition of HMO for Planning Purposes

For planning reasons, a "House in Multiple Occupation" (HMO) is typically understood to be a building rented to at least three individuals who do not belong to the same "household" (a family or single person, for example), but who share common areas like the kitchen and bathroom.

Definitions, however, can fluctuate somewhat between various local authorities. Some people could categorise bigger HMOs that can house more than six residents as "large HMOs," which might come with stricter rules and standards.

Permitted Development Rights and HMOs

Property owners have the option to make some alterations to their properties without obtaining official planning clearance thanks to permitted development rights. HMOs, however, are often exempt from these privileges. Permitted development rights frequently do not apply when a single-family home is converted into an HMO. So, in order to construct an HMO, property owners normally need to seek for planning clearance.

It's crucial to keep in mind, though, that planning standards have evolved throughout time. The local planning authority or a specialist in real estate and planning issues should be consulted for the most precise information.

HMO Licensing Requirements

1. The property is occupied by five or more individuals forming two or more households.

2. The property comprises at least three storeys.

It's crucial to recognise that planning permission and HMO licencing are two different things. To legally run a house as an HMO, you should check with your local authority if you would need a HMO license.

Do I Need an HMO License for 3 Tenants?

Some local authorities have implemented additional licensing schemes beyond the mandatory HMO licensing. These additional schemes might cover smaller HMOs or other types of shared accommodation not covered by the mandatory licensing.

You may be able to seek redress by applying to a tribunal to recover any of the rent you've paid if your landlord has been charged by the council with running an unregistered House in Multiple Occupation (HMO).

This process involves addressing situations where your landlord's failure to obtain the necessary HMO license has led to legal consequences. By applying to a tribunal, you can potentially recover a portion of the rent as a result of the landlord's non-compliance with HMO licensing regulations.