Information for landlords
I am a prospective landlord/property owner. Does this change mean that I will not be able to carry out a conversion of a house to a Small HMO?
No, not necessarily. The change simply means that you will require planning permission. So, it doesn’t mean that your planning application will necessarily be refused, just that it will be assessed against adopted planning policies, guidance and other material considerations. The Council acknowledges that HMOs are an important source of affordable housing for those who may be on a low income and aren’t eligible for housing by the Council. So, the introduction of the Article 4 Directions is not about enforcing a blanket ban on HMOs, but more to make sure that the impacts of such conversions can be assessed against key criteria, to ensure they do not have an unacceptable impact on local amenity/character and other planning considerations.
I am in the process of having a property converted to a Small HMO. What will trigger a planning application being required on the date that the Article 4 Directions come into effect?
The use is not considered to be implemented until it is occupied as an HMO. If construction work has started before the date that the Article 4 Directions come into effect, this does not mean that you will not require planning permission. You should seek pre-application advice, which is available on our Advice and guidance page.
If your property was occupied as a small HMO (six occupants or less) prior to December 9, 2025 then you will not require planning permission.
If your property was occupied as a small HMO (six occupants or less) after December 8, 2025 where it is north of the A2 (see link above), it will require planning permission for the change of use. You should apply for the change of use to a HMO as soon as possible - details of how to apply can be found here planning applications page.
If your property is occupied as a small HMO (6 occupants or less) after December 9, 2026 where it is south of the A2 (see link above) it will require planning permission for the change of use. Pre-application advice can also be found on our Advice and guidance page.
I am a landlord/property owner of an existing small HMO (occupied before December 9, 2025). This hasn’t received planning permission, will I need to obtain permission or a Certificate of lawful Use now?
You can do this if you wish but there is no requirement to. Up to the date that the Article 4 Directions came/comes into force , conversions of dwellinghouses to small HMOs do not require planning permission. We will not enforce against HMOs that completed conversion lawfully prior to the date that the Article 4 Directions came/comes into force. We will only investigate and possibly enforce against cases where a conversion was carried out, after the relevant implementation date of the Article 4 direction, without planning permission.
If I, as a landlord/property owner, was to submit a lawful development certificate application prior to the date that the Article 4 Directions came/comes into force, will the application require full planning permission if the decision is being issued after that date?
As stated above, landlords and property owners have the option to apply for a lawful development certificate for their small HMOs. If the submission for the certificate takes place before the date that the Article 4 Directions came/comes into force, the decision will be made based on the submission date (rather than the date the decision on the certificate is made). However, if the HMO is not occupied until after December 8, 2025 north of the A2 or after December 9, 2026 south of the A2, planning permission will still be required for the change of use, regardless of any lawful development certificate.
What information will I need to provide as part of my planning application for a HMO? How much will it cost, and how long will it take to decide on the application?
There is a range of information which all planning applications are required to submit, including site plans and application forms.
Should I get pre-application advice from the Council before I submit my planning application for a HMO?
The Council offers a formal application advice service where we will give you site-specific advice about the proposal and the likelihood of an application being successful. There is a fee for this advice.
Applicants are strongly encouraged to take advantage of this service to establish areas of concern prior to the submission of a scheme. Failure to obtain advice prior to the submission of an application increases the chance of refusal and often results in frustration and an unnecessary waste of time and expense for an applicant.
View our pre-application advice page.
If the Council refuses my application for a HMO, what can I do?
As with any other refused planning application, you would be able to appeal to the Planning Inspectorate. One of their planning inspectors would then look at the case again and issue a determination.
See the Government's website for information on appealing a decision.
Will I still have to apply for a HMO licence, as well as applying for planning permission for a HMO?
Potentially – in Dartford anyone who owns or manages a HMO (including landlords and letting agents) in the Borough must have a licence from the Council if:
- their property is occupied by five or more people
- occupants form two or more households
More information can be found at Houses in multiple occupancy – Dartford Borough Council