What landlords and property investors must know about HMO planning, Article 4 Direction and neighbour consent
Converting a property into a House in Multiple Occupation (HMO) is a popular strategy for buy-to-let investors seeking higher rental income. However, there’s often confusion around whether you need neighbours’ permission for an HMO, what UK rules apply, and how planning and licensing intersect. In this guide, we unpack the legal position in plain language to help you navigate HMO development safely and compliantly.
What Is an HMO?
In England, an HMO (House in Multiple Occupation) is a property rented by three or more unrelated people who share basic amenities like a kitchen or bathroom. Under housing law this triggers a requirement for specific HMO licensing once certain thresholds are met — for example when five or more people form more than one household.
Crucially, planning law and licensing law are separate: getting an HMO licence does not guarantee you have the planning permission needed for a change of use.
Do You Need Neighbours’ Permission?
Short answer: No — not formally. In general UK planning law does not require formal written “neighbour consent” before converting a house into an HMO. Local planning authorities are not legally obliged to consult nearby residents when a landlord applies for planning permission.
That said, neighbours can have input during planning consultations. If planning permission is required (see below), councils often notify adjoining owners and occupiers and allow comments that may influence the outcome.
So, you won’t typically need legal permission from neighbours, but local sentiment can affect planning decisions.
When Do You Actually Need Planning Permission for an HMO?
This is where many landlords get caught out:
1. Standard Planning Rules (Non-Article 4 Areas)
- Traditionally, converting a normal dwelling (Use Class C3) to a small HMO (Use Class C4, up to 6 unrelated tenants) did not require planning permission thanks to permitted development rights.
- Larger HMOs (7+ occupants) are classified as sui generis and always require planning consent.
In these areas, you don’t need to ask neighbours for permission, and as long as the use remains permitted, you can proceed with licensing separately.
2. Article 4 Directions — The Game Changer
Many councils across England have used an Article 4 Direction to remove these permitted development rights. An Article 4 means you must apply for planning permission to change from a family home (C3) to a small HMO (C4), even for properties with up to six tenants.
An Article 4 Direction doesn’t ban HMOs, but it brings planning control back into play to manage local housing mix, over-concentration and street character.
In Article 4 areas:
- Planning permission is required for small HMOs (Class C4).
- Larger HMOs (sui generis) still require permission.
Important: Article 4 does not apply retrospectively — HMOs already operating lawfully before the Direction came into force are usually unaffected.
Do Neighbours Ever Get Notified?
Yes — if you do need planning permission, councils normally send consultation letters to adjacent owners and occupiers. They may also put up site notices or publish the application online.
Neighbours can:
- Comment or object to the planning application
- Highlight issues like parking, noise or density
- Influence the council’s decision
However, their agreement isn’t a legal requirement — objections are one factor among many in the planning officer’s assessment.
HMO Licensing Still Matters
Even once planning permission is sorted, you must still obtain the appropriate HMO licence under the Housing Act 2004 if the property meets the licensing thresholds (e.g., more than 5 unrelated tenants). Licensing focuses on health, safety and management standards, not planning use.
Key Takeaways for Landlords
✔ You generally do not need neighbours’ permission to create an HMO.
✔ Planning permission may still be required — especially in Article 4 areas.
✔ Councils will normally notify nearby residents when planning applications are submitted.
✔ Planning and HMO licensing are separate legal requirements.
✔ Always check local council planning policy before proceeding.
FAQs
Q: What happens if I overlook planning permission?
You risk enforcement action, fines, refusal of future applications and potentially limits on your HMO licence.
Q: How can I find out if my area has an Article 4 Direction?
Check with your local planning authority or search the council planning portal.
Q: Can a neighbour stop my HMO application?
No — but strong, consistent objections may influence the council’s decision.