Background and FAQs
What is an article 4 Direction?
An Article 4 direction is a legal direction under Article 4(1) of the GPDO which enables the Secretary of State or the Council to withdraw specified permitted development rights across a defined area.
An Article 4 Direction allows the Council the opportunity to consider planning applications for development which would otherwise be ‘permitted development’. Development is granted deemed planning permission under the Town and County Planning (General Permitted Development) Order 2015 (As amended). These are known as permitted development rights.
What does the Article 4 Direction for HMOs cover?
These Article 4 Directions relate to changes of use from a dwellinghouse (including a flat) (occupied as a single household) to a small HMO (a dwellinghouse occupied by between three and six people who do not live as a single household).
Without an Article 4 direction in place planning permission is only required for a change of use from a house or flat to an HMO where more than six people live separately. The Article 4 Directions will mean that planning permission will be required for the change of use of a flat or house to an HMO where there are up to six people who do live together as a household. Permission is not required, however, to change from a small HMO back to a dwelling.
What is an HMO?
In planning legislation a House in Multiple Occupation (HMOs) is a property occupied by more three or more people, who share amenities at the property and do not live together as a single household.
The Housing Act 2024 defines an HMO differently for the purposes of the enforcement of housing conditions and HMO licensing. More information on the Housing Act definition of an HMO, housing standards and regulations applicable to all HMOS and the types of HMOS subject to HMO licences can be found on the Council’s Houses in multiple occupancy page.
What about conversions to HMOs with more than six occupants?
Conversions of dwellings to an HMO with more than six occupants living separately already requires planning permission, and this situation is not changing.
What about small HMOs which were already in existence before December 9, 2025?
The Article 4 Direction will not affect small HMOs which existed before December 9, 2025. It only applies to changes of use which take place on or after December 9, 2025 in the area covered by the Article 4 Direction north of the A2 and from December 10, 2026 for the area covered by the Article 4 Direction south of the A2.
The point at which the dwelling is occupied as an HMO is the point at which the change of use takes place.
Why are there two different Article 4 Directions?
In considering making an Article 4 direction the Council must take account of the specific evidence for need.
In Dartford’s urban neighbourhoods the Council considers that the increasing loss of existing family homes to small HMOs (without any planning consideration) is prejudicial to the proper planning of the area, and the clustering of small HMOs in high density neighbourhoods constitutes a threat to the amenities of these areas. This therefore justifies the imposition of an immediate Article 4 Direction for the area north of the A2.
The evidence of need for an immediate Article 4 direction south of the A2 does not indicate an immediate threat to the proper planning of the area but does evidence a need for an Article 4 Direction and therefore a 12 month notice period is considered appropriate for this area.
Why are the directions being put in place?
The Council considers action is necessary. to protect local amenity and well-being of areas in the Borough. Evidence [appendix C to the report to Cabinet] shows the accelerated growth in HMOs in Dartford and the associated impacts on communities.
This change will help the council keep track of HMOs in the Borough, enable the planning impacts of small HMOs to be properly considered, and, through our licensing function, make sure they are properly managed, and ensure they meet good living standards.
It also means planning policies, like those in the The Dartford Plan 2024 – Dartford Borough Council, can apply to small HMOs, which have not previously needed planning permission.
What about licences and housing standards for HMOs?
HMOs are also dealt with under the Housing Act 2004. All HMOs (regardless of whether they are licensable) will be required to meet certain amenity standards, have certain fire detection and prevention measures, and be free from category One hazards.
Some HMOs, such as those occupied by 5 or more people, require an HMO licence. It is a criminal offence to operate a licensable HMO without a licence. An HMO needing a licence will be considered under Housing legislation. This legislation is not impacted by the Article 4 direction.
Houses in multiple occupancy – Dartford Borough Council
Therefore, in addition to obtaining planning permission, an HMO must meet the applicable housing standards and regulations, and if the HMO will be occupied by 5 or more persons, an HMO licence must be obtained.
Where planning permission is required for a HMO, the planning application will be submitted to Planning Services.
Will the Article 4 Directions result in a set limit to the numbers of HMOs in the Borough?
No. Although the Council will have the ability to refuse planning applications where it can be demonstrated that there is harm as a consequence of an over-proliferation of HMOs.
Planning permission can be still be granted where proposals are suitable and help meet local housing needs.
As part of the consideration of the planning application, adopted local planning policies can be taken into account which may consider the number of HMOs in an area and the loss of small family homes.
The cumulative impact of the proposal together with other similar developments in the surrounding area upon residential amenity and character is a material planning consideration. The Article 4 Direction will help us to monitor better the number of HMOs in an area.
The Council will consider any known issues within an area within which a HMO is proposed, such as enforcement cases.
I'm a tenant and I'm worried I'll be evicted as a result of these Article 4 Direcions, what can the Council do to protect me?
If the property you live in is a HMO and either has planning permission or is lawfully used as a HMO then the new Article 4 Directions will not result in action being taken by planning enforcement.
Your landlord must follow strict procedures if they want or need you to leave their property, depending on the type of tenancy agreement you have and the terms of it. If they do not, they may be guilty of illegally evicting or harassing you. See the government’s website for guidance.