In the final death throes of the last Labour government they passed legislation that altered the requirements for changing a house from a family home to a property let to sharers. Aimed at areas overrun by students, the legislation applies to houses in multiple occupation (HMO) across England and affects many properties nowhere near students.


There can be no denying that having a very transient population in an area, whether they are students or just short term renters, will not encourage a sense of community and belonging. Having high student populations has other problems like a drop in the number of children needing schools, owing to the changing demographics.

For some time local authorities and residents in areas overrun by students have been campaigning for new legislation to control the problem. Now, if you want to change the “use” of a property you have to make a planning application.

A simple non legal definition of an HMO is a house (or flat) if there are three or more unrelated occupiers. This actual definition is the one from the Housing Act 2004.

‘Related’ is specifically defined in the regulations but a quick summary is that they must be family members so brother, sister, cousin etc.

The ‘Use Classes Order’ has been amended and a new HMO use has been added. The Use Classes Order now reads (so far as relevant):

Class C3. Dwellinghouses;
Use as a dwellinghouse (whether or not as a sole or main residence) by—

(a) a single person or by people to be regarded as forming a single household;

(b) not more than six residents living together as a single household where care is provided for residents; or

(c) not more than six residents living together as a single household where no care is provided to residents (other than a use within Class C4).

Class C4. Houses in multiple occupation;

Use of a dwellinghouse by not more than six residents as a ‘house in multiple occupation’.

The changes are not retrospective and so if a property was already used by sharers before the legislation came in there will not be any “change of use” and so no permission should be needed. Changing from one group of sharers to another group of sharers similarly will not need permission as again there is no change in use (a change
in occupier is not a change in use).

The government guidance states “From the 6 April 2010 planning permission will be needed for any material change of use from C3 to C4. The courts have held that the first thing to consider in determining whether a material change of use has occurred (or will occur) is the primary use of the land. Each case will always be a matter of fact and degree and require a judgement from the local planning authority in the first instance.”

The new class use C4 only applies to properties where residents live as a single household, typical for students. If residents have separate contracts and separate lives then a different planning application has to be used. Large shared houses, over 6 occupiers who are not related to each other, will also not be covered and will require a specific application for planning permission, not just a change in use application.

The Town and Country Planning (General Permitted Development) Order 1995 has been amended to allow for ‘permitted development’ (so planning is not required) for a
change of use from a class C4 (HMO) back to C3 (single household).

“Development consisting of a change of use of a building to a use f a l l i n g wi t h i n Cl a s s C 3 (dwellinghouses) of the Schedule to the Use Classes Order from a use falling within Class C4 (houses in multiple occupation) of that Schedule.”

The letting of the property to a single household family could lose the class C4 (HMO) use if it has been “abandoned” and planning permission would then be required for future HMO use.

The impact assessment produced by government points out that if permission is granted for C4 and the property reverts to C3 for a temporary period then the C4 permission may not be lost.