Article 4 Direction - 
Background 
www.rohanproperties.co.uk 
• Rugg Review 2008 
 Changing planning legislation was not appropriate 
• April 2010 
 Creation of the ‘C4’ or HMO Use Class 
 All new HMOs needed planning permission 
• October 2010 
 Incorporation of ‘C4’ within the General Permitted Development Rights 
 Properties could move from a ‘Dwelling House’ to an ‘HMO’ without 
planning permission 
 KEY: Local Authorities could still insist on planning 
permission through Article 4 Directions 
• House in Multiple Occupation (HMO): 
 Three or more unrelated sharers 
 Comprising two or more households 
 Shared Facilities
What is an Article 4 Direction 
• Removes General Permitted Development Rights 
 Used to be for conservation purposes 
 Can now be used for restricting the number of new HMOs 
 In a given geographical area 
• What is it designed to do 
 To stop noise, anti-social behaviour, rubbish accumulation, parking 
problems, (attract visitors, attract investors, improve HMO standards) 
www.rohanproperties.co.uk 
• Cost Implications 
 Planning applications are free (take 8-12 weeks) 
 12-months notice or compensation 
 New planning application each time you change from a family to sharers
Article 4 Direction (A4D) – 
summary 
• A landlord has the right to convert a family dwelling (C3) to an HMO 
(C4) within their General Permitted Development Rights 
• An article 4 direction removes this Permitted Development Right 
 Planning permission required from local council 
• A4D come into force Notts on 11th March 2012 
 Strong opposition from NLA, RLA, EMPO, LLs, Students 
 Planning permission required to convert a family dwelling 
(or standard rental unit) to an HMO (3-6 unrelated people) 
 Planning permission has always been required for >6 occupants 
www.rohanproperties.co.uk
Article 4 Direction in 
Nottingham 
• Covers the whole of the Nottingham City Council area 
• NCC wants to maintain balanced communities & preserve diverse 
communities to create better neighbourhoods 
Manage and control HMO growth – high concentrations of 
HMOs can lead to imbalanced communities 
Backlash against (student) HMOs is due to complaints from 
residents groups that students are causing problems and 
driving house prices down!! 
Residents believe “A4D would put the interest of existing 
residents ahead of commercial interests of landlords” 
www.rohanproperties.co.uk
Article 4 Direction in 
Nottingham – Boundary map 
www.rohanproperties.co.uk
Article 4 Direction in Practice 
www.rohanproperties.co.uk 
3-6 students 
- HMO 
- Investor can buy/rent 
- No A4D impact 
- HMO value increases 
Student Street 
Residential dwelling 
- won’t be able to sell 
- family or investor!! 
- prices plummet??
A4D – “more balanced” 
communities 
• LAs are using A4Ds to “shape” its view on society to create more 
balanced communities & prevent freedom of choice 
• More/less welsh, scottish, migrants, students, gay, older, younger, rich?? 
• Form of social engineering (why restrict to students??) 
www.rohanproperties.co.uk
Shared housing – only option ? 
• Shared housing is a viable option for FTBs 
to get on the housing ladder 
 3 households 
Single, 2 couples 
1 couple moved from expensive flat 
1 couple decided to share to save money 
 Both couples saving for deposit!! 
• Local housing allowance (LHA) 
• Under 35’s get single room rate 
• Effective January 2012 
• Options for under 35’s: parental home, HMOs 
www.rohanproperties.co.uk
A4 Direction Scenarios 
Planning Permission 
Buy a family home or 
standard rental property 
Rent out as HMO YES 
Buy an existing HMO Rent out as HMO NO 
Leave 
empty 
www.rohanproperties.co.uk 
required ? 
Buy an existing HMO Re-Let as HMO NO 
Buy or have an HMO Rent to Re-Let as HMO YES 
2 people 
Buy or have an HMO No longer ? 
an HMO 
1 person 
leaves 
Evaluate the planning regulations carefully!!
Opposition to Article 4 
Directions 
• Opposition to Article 4 Directions: 
 Limits landlord’s legitimate rights over their properties 
 Overly bureaucratic 
 Wrong decision at a time when we need more shared housing, not less. 
• The planning system is never going to: 
 Improve standards 
 Root out rogue landlords 
 Increase professionalism in the sector 
• Resource implications 
 Local authorities are cash-strapped 
 Article 4 Directions waste resources 
 Money should be spent targeting rogue landlords 
www.rohanproperties.co.uk
Spread of Article 4 Direction 
Approved/coming into force 
Ashford, Barking and Dagenham, Basingstoke and Deane, Bexhill–on–Sea, 
Bournemouth, Bristol, Canterbury, Durham, Exeter, Hastings, Leeds, 
Loughborough, Manchester, Milton Keynes, Newcastle, Northampton, 
Nottingham, Oxford, Ormskirk, Plymouth, Portsmouth, Preston 
Sheffield, Southampton, Thanet, Warwick, Welwyn Hatfield, York 
Recently Consulted/consulting/considering 
London Borough of Hillingdon, Brighton & Hove, Chichester, Hull 
London Borough of Redbridge, London Borough of Newham 
www.rohanproperties.co.uk
A4D impact on landlords: 
what next? 
• Limiting your ability to increase your portfolio? 
 Only buy pre-existing HMOs 
 Buy on condition that planning permission is 1st obtained 
 Buy in a non-A4D affected areas eg different city 
 Difficult if you are self-managing 
 Research the demand carefully!! 
• What will be next hurdles for the HMO/All landlords? 
Future licencing 
 Mandatory licence for 5 sharers/3-storey property 
 Additional licencing may be next (ie all HMOs) 
 Selective licencing for all rental properties? 
www.rohanproperties.co.uk

HMOs & Article 4 Direction

  • 1.
    Article 4 Direction- Background www.rohanproperties.co.uk • Rugg Review 2008  Changing planning legislation was not appropriate • April 2010  Creation of the ‘C4’ or HMO Use Class  All new HMOs needed planning permission • October 2010  Incorporation of ‘C4’ within the General Permitted Development Rights  Properties could move from a ‘Dwelling House’ to an ‘HMO’ without planning permission  KEY: Local Authorities could still insist on planning permission through Article 4 Directions • House in Multiple Occupation (HMO):  Three or more unrelated sharers  Comprising two or more households  Shared Facilities
  • 2.
    What is anArticle 4 Direction • Removes General Permitted Development Rights  Used to be for conservation purposes  Can now be used for restricting the number of new HMOs  In a given geographical area • What is it designed to do  To stop noise, anti-social behaviour, rubbish accumulation, parking problems, (attract visitors, attract investors, improve HMO standards) www.rohanproperties.co.uk • Cost Implications  Planning applications are free (take 8-12 weeks)  12-months notice or compensation  New planning application each time you change from a family to sharers
  • 3.
    Article 4 Direction(A4D) – summary • A landlord has the right to convert a family dwelling (C3) to an HMO (C4) within their General Permitted Development Rights • An article 4 direction removes this Permitted Development Right  Planning permission required from local council • A4D come into force Notts on 11th March 2012  Strong opposition from NLA, RLA, EMPO, LLs, Students  Planning permission required to convert a family dwelling (or standard rental unit) to an HMO (3-6 unrelated people)  Planning permission has always been required for >6 occupants www.rohanproperties.co.uk
  • 4.
    Article 4 Directionin Nottingham • Covers the whole of the Nottingham City Council area • NCC wants to maintain balanced communities & preserve diverse communities to create better neighbourhoods Manage and control HMO growth – high concentrations of HMOs can lead to imbalanced communities Backlash against (student) HMOs is due to complaints from residents groups that students are causing problems and driving house prices down!! Residents believe “A4D would put the interest of existing residents ahead of commercial interests of landlords” www.rohanproperties.co.uk
  • 5.
    Article 4 Directionin Nottingham – Boundary map www.rohanproperties.co.uk
  • 6.
    Article 4 Directionin Practice www.rohanproperties.co.uk 3-6 students - HMO - Investor can buy/rent - No A4D impact - HMO value increases Student Street Residential dwelling - won’t be able to sell - family or investor!! - prices plummet??
  • 7.
    A4D – “morebalanced” communities • LAs are using A4Ds to “shape” its view on society to create more balanced communities & prevent freedom of choice • More/less welsh, scottish, migrants, students, gay, older, younger, rich?? • Form of social engineering (why restrict to students??) www.rohanproperties.co.uk
  • 8.
    Shared housing –only option ? • Shared housing is a viable option for FTBs to get on the housing ladder  3 households Single, 2 couples 1 couple moved from expensive flat 1 couple decided to share to save money  Both couples saving for deposit!! • Local housing allowance (LHA) • Under 35’s get single room rate • Effective January 2012 • Options for under 35’s: parental home, HMOs www.rohanproperties.co.uk
  • 9.
    A4 Direction Scenarios Planning Permission Buy a family home or standard rental property Rent out as HMO YES Buy an existing HMO Rent out as HMO NO Leave empty www.rohanproperties.co.uk required ? Buy an existing HMO Re-Let as HMO NO Buy or have an HMO Rent to Re-Let as HMO YES 2 people Buy or have an HMO No longer ? an HMO 1 person leaves Evaluate the planning regulations carefully!!
  • 10.
    Opposition to Article4 Directions • Opposition to Article 4 Directions:  Limits landlord’s legitimate rights over their properties  Overly bureaucratic  Wrong decision at a time when we need more shared housing, not less. • The planning system is never going to:  Improve standards  Root out rogue landlords  Increase professionalism in the sector • Resource implications  Local authorities are cash-strapped  Article 4 Directions waste resources  Money should be spent targeting rogue landlords www.rohanproperties.co.uk
  • 11.
    Spread of Article4 Direction Approved/coming into force Ashford, Barking and Dagenham, Basingstoke and Deane, Bexhill–on–Sea, Bournemouth, Bristol, Canterbury, Durham, Exeter, Hastings, Leeds, Loughborough, Manchester, Milton Keynes, Newcastle, Northampton, Nottingham, Oxford, Ormskirk, Plymouth, Portsmouth, Preston Sheffield, Southampton, Thanet, Warwick, Welwyn Hatfield, York Recently Consulted/consulting/considering London Borough of Hillingdon, Brighton & Hove, Chichester, Hull London Borough of Redbridge, London Borough of Newham www.rohanproperties.co.uk
  • 12.
    A4D impact onlandlords: what next? • Limiting your ability to increase your portfolio?  Only buy pre-existing HMOs  Buy on condition that planning permission is 1st obtained  Buy in a non-A4D affected areas eg different city  Difficult if you are self-managing  Research the demand carefully!! • What will be next hurdles for the HMO/All landlords? Future licencing  Mandatory licence for 5 sharers/3-storey property  Additional licencing may be next (ie all HMOs)  Selective licencing for all rental properties? www.rohanproperties.co.uk

Editor's Notes

  • #4 Note: Planning permission is already required for properties shared by 7 or more unrelated people