Planning legislation for Houses in Multiple Occupation

Town and Country Planning Act 1990 - Under section 55 of this Act, planning permission is needed for the sub division of a house into individual flats, flatlets or maisonettes.


Town and Country Planning (Use Classes) Order 1987 - Under this order, planning permission is required for properties which are occupied by more than 6 persons not forming a single household although such cases have been assessed on an individual basis.


Town and Country Planning (Use Classes) (Amendment) (England) Order 2010* - From 6 April 2010 the 2010 Order will amend the Town and Country Planning (Use Classes) Order 1987. The amendment brings in the definition of a HMO and is in line with the definition in Section 254, Housing Act 2004*.


Under planning terms, a dwelling house is known as class C3 and a small scale HMO with between 3-6 persons is class C4. When the legislation commenced on 6 April 2010, planning permission was required for a property for a change from C3 to C4 use. However, in the most recent amendment from 1 October 2010, permitted development rights were extended and planning permission will now not be required to change between a C3 and C4 use class, unless a local authority has removed these permitted development rights.


The Town and Country Planning (General Permitted Development) (Amendment)(England) Order 2010 permits the change of use from a HMO back to a dwelling house without planning permission.

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