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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 homesParty 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