Article 4 HMO rules in Brent

Brent confirmed an Article 4 requiring planning permission for change of use from C3 residential to C4 houses in multiple occupation on 3 February 2022. It came into effect on 1 November 2022.

Force date and what it removes

Brent’s Article 4 directions page explains that an article 4 lets a local planning authority remove specified permitted development rights so that planning permission is required. For HMOs, the council confirmed a direction requiring permission for change of use from residential (C3) to houses in multiple occupation (C4) on 3 February 2022, and it came into effect on 1 November 2022. Boundaries are shown on the policies map linked from the same page.

Source: Brent — Article 4 directions.

Why Brent says it made the direction

Brent recognises that HMOs meet housing needs, but wants to ensure HMOs provide a suitable quality of accommodation and that a reasonable amount of larger homes for families remain available. That purpose statement sits on the Article 4 page beside the sealed direction, public notice and consultation statement downloads. Those PDFs are the primary text when dating a Brent C4 use.

Other Brent Article 4s are not the HMO rule

Brent has also confirmed Article 4s aimed at Class E to residential changes and related GPDO reforms, some later modified by the Secretary of State. Those directions are separate from the C3 to C4 HMO control. When underwriting an HMO, use the residential-to-HMO direction and policies map, not the employment-land Article 4 pack.

Licensing cut-over is a different date

Brent’s additional licensing designations are Housing Act tools with their own start dates. Planning lawfulness under the November 2022 Article 4 and the need for a licence can both be true for the same address. Pack both: Sell an HMO in Brent · HMOs for sale in Brent. Background: Article 4 direction.

England note

English local planning authorities use Article 4 directions to remove Class L permitted development for C3 to C4 changes in mapped areas. Scotland and Northern Ireland use different HMO statutes without this tool, and Wales already requires planning permission for house to small-HMO change. Brent’s borough HMO direction pairs a clear confirmation date with a later effect date.

Frequently asked questions

When did Brent’s HMO Article 4 take effect?

1 November 2022, after confirmation on 3 February 2022.

What change of use needs permission?

Change of use from residential (C3) to houses in multiple occupation (C4), as described on Brent’s Article 4 page.

Where is the boundary?

On Brent’s policies map linked from the Article 4 directions page.

Are Class E Article 4s the same thing?

No. Brent’s Class E and related directions are separate controls and should not be used as the HMO planning test.

Does a licence replace the Article 4?

No. Licensing and planning remain separate in Brent.