Article 4 directions and HMOs: what landlords need to know
In most of England you can turn a family house into a small HMO without asking anyone’s permission. In an Article 4 area you can’t. Here’s how the rule works, how to check a street, and where it overlaps with licensing.
Luke AshtonFounder of Bricky Bot and Based Lettings · Updated Latest: Stoke-on-Trent goes city-wide (October 2026)
- On 6 October 2026, Stoke-on-Trent City Council’s Cabinet approved a city-wide Article 4 direction removing the permitted development right to turn a house (C3) into a small HMO (C4), in every ward.
- It’s due to be made on 23 October 2026 with immediate effect: from the day the notice is published, a new C3 to C4 conversion anywhere in the city needs planning permission. There’s no 12-month notice period.
- Representations can be made for at least three weeks from publication. The council has to confirm the direction between November 2026 and April 2027 or it lapses, and a further Cabinet report will follow the consultation.
- The council’s report notes the trade-off: immediate effect risks compensation claims on refusals for 12 months, but a year’s notice could cause a rush of conversions before the controls start.
- Larger HMOs (7+ residents) already needed planning permission. This brings small HMOs in too.
From the council’s Cabinet papers (item 9) and the meeting webcast; the official minutes are due to be approved on 3 November 2026. Check the council’s published notice for the final wording.
The short answer (England, as of October 2026)
- Changing a house (use class C3) to a small HMO of 3–6 residents (class C4) is normally permitted development: no planning application needed.
- An Article 4 direction removes that right in a defined area, so the change needs planning permission there.
- An HMO with 7 or more residents is sui generis and generally needs planning permission anywhere, Article 4 or not.
- Check the council’s planning website or map, the government’s Article 4 dataset, or an address-level report.
- Planning and HMO licensing are separate: you may need both.
Planning law in Wales and Scotland is different; this guide covers England only.
The starting point: C3, C4 and permitted development
The Use Classes Order 1987 puts ordinary homes in class C3 (dwellinghouses) and small HMOs in class C4:
Use of a dwellinghouse by not more than six residents as a “house in multiple occupation”.
Town and Country Planning (Use Classes) Order 1987, Schedule 1, Class C4
Class L of Part 3 of the General Permitted Development Order 2015 then grants planning permission, automatically, for the change in either direction:
L. Development consisting of a change of use of a building— (a) from a use falling within Class C4 (houses in multiple occupation) … to a use falling within Class C3 (dwellinghouses) …; (b) from a use falling within Class C3 (dwellinghouses) … to a use falling within Class C4 (houses in multiple occupation).
GPDO 2015, Schedule 2, Part 3, Class L
Class L doesn’t allow you to split one house into two or more separate C3 or C4 units at the same time. That needs permission everywhere.
What an Article 4 direction does
Article 4 of the GPDO lets a council (or the Secretary of State) withdraw permitted development rights in a defined area. GOV.UK’s planning practice guidance describes it like this:
An article 4 direction is a direction under article 4 of the General Permitted Development Order which enables the Secretary of State or the local planning authority to withdraw specified permitted development rights across a defined area.
Planning practice guidance, “When is permission required?”, paragraph 036
Many councils with large student or shared-housing populations have used it to withdraw Class L(b), the C3 to C4 change. Inside the area, turning a house into a small HMO becomes an ordinary planning application, judged against the council’s HMO policies (often a cap on the share of HMOs within a radius or on a street, and rules against “sandwiching” a family home between two HMOs). Directions can cover a few streets, several wards, or a whole borough.
A direction can be immediate (in force at once, then confirmed after consultation) or non-immediate (consulted on first, taking effect on a later date). Councils typically announce HMO directions well before they take effect, so watch for consultations if you’re planning a conversion.
Which HMOs need planning permission
| Change of use | Planning permission? |
|---|---|
| House (C3) to small HMO, 3–6 residents (C4), no Article 4 | No: permitted development under Class L |
| House (C3) to small HMO (C4) inside an Article 4 area | Yes |
| House or small HMO to large HMO, 7+ residents (sui generis) | Generally yes, anywhere |
| Small HMO (C4) back to a family house (C3) | No, unless a direction also withdraws Class L(a) |
| HMO use lawfully established before the direction | No new permission needed for the existing use |
Sui generis HMOs (7 or more people)
Class C4 stops at six residents. A larger HMO doesn’t fall in any use class, so it’s “sui generis” (of its own kind), and no permitted development right covers changing to it. In practice that means a planning application, whatever the Article 4 position.
Grey areas worth flagging
- Going from 6 to 7. Whether adding a seventh resident to an existing C4 HMO is a “material change of use” is, in planning law, a matter of fact and degree. Councils and planning inspectors have decided it both ways, depending on how the property is used. Ask the council, or apply for a certificate, rather than assume.
- Is it really an HMO? Planning uses the Housing Act 2004 definition of an HMO, but only for six residents or fewer. A household with a lodger or two, or a family with a carer, can sit on either side of the line.
- Dates of an existing use. Whether the HMO use began before the direction came into force can turn on tenancy agreements, council tax and licensing records. The burden of proof is on you.
How to check whether a property is in an Article 4 area
- The council’s planning pages. Most councils publish a list of their Article 4 directions with maps or street lists. Search for “Article 4” on the council’s site, or ask the planning team. The council is the authoritative source.
- The national dataset. planning.data.gov.uk has an Article 4 direction area dataset with a map. On 1 October 2026 it held about 7,500 areas from 116 data providers, and it warns that the data “may be incomplete and not yet cover all of England”. Use it as a first look, not the final word.
- An address-level report. Bricksmart, our sister product, has a free HMO report that checks Article 4 and HMO licensing for a specific address, along with local HMO planning history and density.
- The planning history. The council’s planning register shows past applications, refusals and certificates for the address and its neighbours, which tells you how the policy is applied on that street.
Existing HMOs and lawful development certificates
If a property was lawfully in use as an HMO before a direction took effect, the direction doesn’t remove that use. The safest way to prove it is a certificate from the council:
- Certificate of lawfulness of existing use or development (s.191, Town and Country Planning Act 1990): confirms that an existing use is lawful, for example an HMO use that pre-dates the direction, or one that has gone unchallenged long enough to be immune from enforcement.
- Certificate of lawfulness of proposed use or development (s.192): confirms that a proposed change (say C3 to C4 outside an Article 4 area) would be lawful, before you do it. Useful evidence for a lender or buyer.
In England, the time limit for enforcement against a change of use is now ten years from the breach (s.171B, as amended from 25 April 2024). An unauthorised HMO use only becomes immune after ten years’ continuous use, and you need evidence for every one of those years.
Planning and licensing are separate
Planning decides whether a building may be used as an HMO. Licensing (under the Housing Act 2004) decides whether it’s fit to be let as one and who may run it. Different teams, different tests:
- An HMO licence doesn’t give planning permission, and planning permission doesn’t give a licence.
- A small HMO outside an Article 4 area may need no planning permission at all, but still need a licence (mandatory for 5+ people; additional licensing for smaller ones where the council has a scheme). See our HMO licence guide and GOV.UK’s HMO licence page.
- The two teams talk to each other. Some councils ask about planning status on the licence application, and a licence is not evidence that the HMO use is lawful in planning terms.
Questions landlords ask
Is there an Article 4 direction for HMOs in Stoke-on-Trent?
Yes. On 6 October 2026 the city council’s Cabinet approved a city-wide Article 4 direction for small HMOs, due to be made on 23 October 2026 with immediate effect. From the day the notice is published, turning a house into a small HMO anywhere in Stoke-on-Trent needs planning permission. It must be confirmed by April 2027 or it lapses.
What is an Article 4 direction for HMOs?
A direction a council makes under article 4 of the General Permitted Development Order that removes the permitted development right to turn a family house (use class C3) into a small HMO (class C4) in a defined area. Inside that area the change needs planning permission.
How do I check if a property is in an Article 4 area?
Check the local planning authority’s website, which usually has a list and a map of its Article 4 directions, or ask its planning team. The government’s planning.data.gov.uk has an Article 4 direction area dataset and map, but it says the data may be incomplete. Bricksmart’s HMO report checks Article 4 for a specific address.
Does Article 4 affect HMOs that already exist?
Not if the HMO use was lawfully established before the direction came into force. A direction removes the right to make the change from then on. Keep evidence of the existing use, and consider a lawful development certificate to prove it.
Do I need planning permission for a 7-bed HMO?
Almost always. An HMO with more than six residents falls outside class C4 and is treated as sui generis, so changing a house to that use generally needs planning permission whether or not there is an Article 4 direction.
If I have planning permission, do I still need an HMO licence?
Yes, if the property meets the licensing rules. Planning and licensing are separate regimes run by different council teams. You can need both, and one doesn’t imply the other.
Run the HMOs once they’re open
Bricky is an AI lettings team for HMO landlords and letting agents: enquiries, WhatsApp, move-ins and move-outs, repairs, compliance and rent, with nothing sent until you approve it.
Book a demoSources
- Town and Country Planning (Use Classes) Order 1987, Schedule 1 (legislation.gov.uk)
- GPDO 2015, Schedule 2, Part 3, Class L and article 4 (legislation.gov.uk)
- Town and Country Planning Act 1990, s.171B, s.191 and s.192 (legislation.gov.uk)
- When is permission required? (planning practice guidance, GOV.UK)
- Article 4 direction area dataset (planning.data.gov.uk, checked 1 October 2026)
- House in multiple occupation licence (GOV.UK)
- Stoke-on-Trent City Council Cabinet, 6 October 2026, item 9 and the webcast (checked 8 October 2026)
This guide explains planning law in England as it stands on 8 October 2026. It isn’t legal or planning advice; for a specific property, speak to the council’s planning team, a planning consultant or a solicitor.