Planning Permission
- This topic is too involved to cover in depth but the most important lettings criterion is the number of tenants resident in a property.
- In Canterbury, where more than 6 Unrelated people share a property, then the owner must have prior planning permission (there are few exceptions e.g. pre-existing occupation).
- Up to 6 people no planning permission is required unless it is an HMO within an Article 4 direction area.
- Mum, Dad and 10 children occupying a house does not create an HMO so no planning permission is required. Three brothers sharing ditto; BUT
- Two brothers and an unrelated friend is an HMO and thus potentially licensable within any Article 4 direction!
- Retrospective permission is not normally required unless e.g. HMO status is lost by letting to non HMO tenants. Yes you can actually lose HMO status!
- See also Class C and Permitted Development and Iceberg homes, Party Wall Act and Town & Country Planning Order 1987, providing for changes of property use from Class C3 residential use, to Class C4 HMO use.
Published: 11 November 2013
Last Updated: 17 November 2021