Article 4 HMO rules in Birmingham
Birmingham’s city-wide Article 4 has required a planning application for C3 family houses converting to small C4 HMOs since Monday 8 June 2020. Earlier Selly Oak, Harborne and Edgbaston directions were cancelled because the city-wide control superseded them.
City-wide control from June 2020
Birmingham City Council introduced a city-wide Article 4 Direction that came into force on Monday 8 June 2020. Throughout the city, a planning application must be submitted to convert family houses in C3 use to small HMOs accommodating between three and six people in C4 use. Cabinet resolved the city-wide direction on 17 December 2019 after a six-week publicity window from 6 June to 18 July 2019, and cancelled the previous Selly Oak, Harborne and Edgbaston direction because those areas are now inside the city-wide control.
Source: Birmingham — City-Wide Article 4 Direction relating to HMOs.
Recording existing small HMOs before the force date
In the twelve months before the direction came into force, Birmingham encouraged landlords, owners and agents to declare existing small HMOs so they could be recorded with stock identified from licensing, planning approval and council tax records. A ward spreadsheet of identified HMOs is published on the same page. That register is useful on sale when a buyer asks whether the house was already a small HMO before June 2020.
Documents the council publishes with the direction
Birmingham’s Article 4 page links the signed and sealed city-wide direction, the sealed cancelled earlier direction, public notices for both, and the ward spreadsheet. Those PDFs are the primary text for boundary and force-date questions. General enquiries about the city-wide direction are directed to the email address published on that page rather than to AgentHMO.
Licensing still sits on a separate track
Planning permission for a C3 to C4 change does not create a Housing Act licence, and a Birmingham HMO licence does not create planning permission. Mandatory licensing for larger HMOs and any additional designations Birmingham operates should be evidenced in the same pack as the Article 4 planning position. Sale and listing routes: Sell an HMO in Birmingham · HMOs for sale in Birmingham.
England Article 4 in one line
Like other English city-wide directions, Birmingham’s tool removes permitted development for C3 to C4 inside the whole local planning authority area. Seven-person and larger houses were already sui generis. Background: Article 4 direction explainer.
Frequently asked questions
When did Birmingham’s city-wide HMO Article 4 take effect?
Monday 8 June 2020, according to Birmingham City Council’s Article 4 page.
Did earlier Birmingham ward directions survive?
No. Cabinet cancelled the Selly Oak, Harborne and Edgbaston Article 4 because those areas are covered by the city-wide direction.
What change of use needs permission?
Converting a C3 family house to a small HMO for three to six people (C4) needs a planning application throughout Birmingham.
Where are the sealed documents?
On Birmingham’s city-wide Article 4 page, including the signed sealed direction, cancellation documents and public notices.
Does licensing replace the Article 4?
No. Run planning and licensing as separate Birmingham compliance tracks in the sale pack.