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Article 4 directions and HMOs: a guide for landlords in England

Writer: Alessio Scannicchio
Alessio Scannicchio
3 hours ago
8 min read

If you are thinking about letting a house to sharers, one planning question matters more than most: is the property inside an Article 4 direction area? In most of England, turning a family home into a small house in multiple occupation (HMO) does not need a planning application. Inside an Article 4 area for HMOs, it does. This guide explains how the rules fit together, using the legislation and government guidance as they stand in October 2026.

Decision support. Coverage varies. Not planning advice.

What is an Article 4 direction?

An Article 4 direction is a direction made under article 4 of the Town and Country Planning (General Permitted Development) (England) Order 2015, usually called the GPDO. The GPDO grants "permitted development" rights, which are a national planning permission for certain kinds of work and changes of use. An Article 4 direction lets the local planning authority (or the Secretary of State) withdraw specified permitted development rights in a defined area.

Government guidance is clear about what that means in practice. In the words of the Planning Practice Guidance, "An article 4 direction only means that a particular development cannot be carried out under permitted development and therefore needs a planning application." It is not a ban. The council can still grant permission. It simply gets to look at each proposal.

The National Planning Policy Framework, revised in August 2026, now names small HMOs directly. Policy DM10 says Article 4 directions should be limited to situations where they are necessary to protect local amenity or the wellbeing of an area, giving "preventing an over-concentration of uses which could affect the quality of life such as small Houses in Multiple Occupation" as an example. They should also be based on robust evidence and apply to the smallest area needed.

C3 to C4 change of use explained

The Use Classes Order 1987 sorts property uses into classes. Two matter here:

  • Class C3 (dwellinghouses) covers ordinary homes, such as a house lived in by a single household.

  • Class C4 (houses in multiple occupation) covers "use of a dwellinghouse by not more than six residents as a house in multiple occupation". The definition of HMO comes from section 254 of the Housing Act 2004. GOV.UK describes an HMO as a property rented out by at least 3 people who are not from 1 household but share facilities like the bathroom and kitchen.

Class L in Part 3 of Schedule 2 to the GPDO grants permitted development for a change of use from C3 to C4, and from C4 back to C3. So by default, outside an Article 4 area, a landlord can switch a house between family use and a small HMO without a planning application. Class L does not allow the building to be split into two or more separate dwellings as part of that change.

An Article 4 direction that targets Class L removes that right in the area it covers. That is what people usually mean when they talk about an "Article 4 direction HMO" area.

Do I need planning permission for a small HMO?

It depends on where the property is and how many people will live there.

  • Outside an Article 4 area covering HMOs: a change from C3 to a C4 small HMO (3 to 6 residents) is normally permitted development under Class L, so no planning application is needed for the change of use itself.

  • Inside an Article 4 area covering HMOs: the Class L right is withdrawn, so the change from C3 to C4 needs planning permission.

  • More than six residents: this falls outside Class C4 altogether, so Class L does not apply. Newcastle City Council, for example, says planning permission will normally be needed to go from a C4 HMO to an HMO for more than six occupants, whether or not the property is in an Article 4 area.

Two other points are worth knowing. First, the Planning Practice Guidance says Article 4 directions cannot prevent development that has already been carried out. Newcastle City Council puts it plainly for HMOs: an established C4 HMO that started when permission was not needed, and has stayed in that use since, is unlikely to need permission. Proving that history may mean applying for a Lawful Development Certificate. Second, physical works such as extensions or dormers are a separate question from the change of use, and may have their own permitted development rules or restrictions.

Planning permission and HMO licensing are different things

Planning controls the use of a building. HMO licensing, under the Housing Act 2004, controls how a rented HMO is managed and whether it is suitable for the number of occupants. You can need one, both or neither.

According to GOV.UK, you must have a licence for a "large HMO" in England, which applies when the property is rented to 5 or more people forming more than 1 household, some or all tenants share toilet, bathroom or kitchen facilities, and at least 1 tenant pays rent. GOV.UK adds that smaller HMOs may also need a licence, depending on the area. A licence lasts a maximum of 5 years, and GOV.UK warns of an unlimited fine for renting out an unlicensed HMO.

So a 4-person house share might need planning permission (if it sits in an Article 4 area) but no mandatory licence, while a 5-person share outside any Article 4 area might need a licence but no planning permission.

Where does the Renters' Rights Act fit in?

The Renters' Rights Act 2025 is tenancy law rather than planning law. GOV.UK's overview for landlords says its main changes came into effect on 1 May 2026: existing assured shorthold tenancies became assured periodic tenancies, and section 21 "no fault" evictions ended. For HMO landlords, one detail stands out. There is a possession ground that can let you relet to students for the new academic year, and GOV.UK says it covers full-time students on a joint contract in an HMO, provided notice was given at the start of the tenancy.

None of this changes whether a property needs planning permission to become an HMO. That is still decided by the Use Classes Order, Class L and any Article 4 direction.

How to check if a property is in an Article 4 area

Article 4 directions are made by individual councils, so the boundaries are local. These are the main places to look:

  1. The local planning authority's own Article 4 page and map. Councils publish their directions, plans and dates. Read the direction itself to see which permitted development rights it removes. A direction about windows and doors in a conservation area is very different from one about HMOs.

  2. MHCLG's Planning Data service. planning.data.gov.uk publishes an Article 4 direction area dataset for England, with a map. It carries its own warning that the data may be incomplete and may not yet cover all of England.

  3. A local land charges search. Article 4 directions are usually recorded on the local land charges register, which a conveyancing search will pick up. HM Land Registry runs an online search service for the councils whose registers it now holds.

  4. An address-level tool. ScanSan PAA shows Article 4 directions as a layer on its Atlas map where we have coverage, which is not yet every council. It also offers an instant property lookup by address, postcode or UPRN that shows tenure, sale history, EPC and planning history, so you can spot issues early in a deal. ScanSan PAA does not cover HMO licensing, so the licensing question in the section above still needs its own answer.

Two North East examples

Neighbouring councils can take very different approaches, which is why checking the exact address matters.

Newcastle upon Tyne. Newcastle City Council has three Article 4 directions that control changes of use from C3 to C4. According to the council's HMO planning page, they came into force on 25 November 2011 (parts of Heaton, High West Jesmond, Jesmond, South Gosforth, Sandyford and Spital Tongues), 9 December 2012 (parts of High West Jesmond and North Jesmond) and 9 August 2013 (Saint Gabriel's Estate, Heaton). Outside those areas, the council says moving between C3 and C4 remains permitted development.

Gateshead. Just across the Tyne, Gateshead Council's conservation areas page lists five Article 4 directions, all within the Saltwell Conservation Area. They cover exterior works such as replacing doors and windows, painting the outside of a property, altering boundaries and installing renewable energy equipment like solar panels. The council's page does not list an Article 4 direction for HMOs.

Key points

  • An Article 4 direction removes specific permitted development rights in a defined area. It means a planning application is needed, not that the answer is no.

  • Class L of the GPDO normally allows C3 to C4 (and back) without an application. An HMO Article 4 direction withdraws that right locally.

  • HMOs for more than six people fall outside C4 and generally need planning permission.

  • Planning and HMO licensing are separate regimes. Check both.

ScanSan PAA's Article 4 and use-class coverage is not yet full across England, and its outputs are decision support, not legal, planning or valuation advice.

Decision support. Coverage varies. Not planning advice.

FAQ

What is an Article 4 direction?

It is a direction under article 4 of the Town and Country Planning (General Permitted Development) (England) Order 2015 that withdraws specified permitted development rights in a defined area. Work or changes of use covered by the direction then need a planning application.

Do I need planning permission for a small HMO?

Outside an Article 4 area covering HMOs, changing a house from C3 to a C4 small HMO (3 to 6 residents) is normally permitted development under Class L of the GPDO. Inside such an area, you need planning permission. An HMO for more than six people falls outside C4 and generally needs permission anywhere.

What is a C3 to C4 change of use?

It is a change from an ordinary dwellinghouse (Class C3) to a small house in multiple occupation for up to six residents (Class C4) under the Use Classes Order 1987. Class L of the GPDO grants permitted development for this change, and for the change back, unless an Article 4 direction removes it.

How do I check if a property is in an Article 4 area?

Look at the local planning authority's Article 4 page and map, and read the direction to see which rights it removes. MHCLG's Planning Data service has an England-wide Article 4 map, although it warns the data may be incomplete. A local land charges search should also show directions affecting a property.

Does an Article 4 direction affect an existing HMO?

Government guidance says Article 4 directions cannot prevent development that has already been carried out. An HMO established lawfully before a direction came into force, and kept in that use, is unlikely to need permission. You may need a Lawful Development Certificate to prove it.

Is HMO licensing the same as planning permission?

No. Planning deals with the use of a building. Licensing under the Housing Act 2004 deals with management and suitability. A large HMO (5 or more people forming more than 1 household) needs a licence in England, and smaller HMOs may need one depending on the area.

Sources

All accessed 22 October 2026.

 
 
 

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