Beeston Article 4 Direction (2021)
Restrictions on Change of Use from “Dwelling Houses” to “Houses in Multi Occupation” (HMOs)
… What is a HMO?
A house in “multi occupation” (HMO) is a property which is rented by 3 or more tenants who are not from “one household” (i.e not a family) but share facilities like the bathroom and kitchen. HMOs are common within Broxtowe Borough, particularly around Beeston and the surrounding area.
… What do we know about “Article 4 Direction” coming to Beeston?
Currently, planning permission is not required to change the use of a residential “family dwelling” (C3) to an “HMO” (C4) as this is considered a permitted development under town and country planning regulations.
However, from 26th March 2022, this will change.
Broxtowe Borough Council have confirmed the effect of the “new direction” means that planning permission will now be required for a change of use under article 4 (1) of the town and country planning order 2015 (as amended).
This requirement relates to rented property within the “specified area” of Beeston as outlined on the map above.
… So What Does This Mean?
Your property will need planning permission if it has the following mix of tenants:
• 3 or more unrelated people living there as, at least, 2 separate households – e.g. 3 single people with their own rooms or two couples each sharing a room.
• 3 or more people living there sharing basic amenities such as a kitchen or bathroom.
… Why are Councils Implementing the Article 4 Direction?
Whilst houses in multi occupancy provide a fantastic rental income for many Landlords, it is important to ensure that the location and quality of the rentals are properly assessed. It will allow the council to monitor the location of all new Article 4 type properties and evaluate the impact they will have on the area and community.
… If I already run my house as a multiple let, will I now have to apply for planning permission?
If a property has the use of multiple lets of 3 or more occupants before 26th March 2022, then you will not have to apply for the planning permission. It is advised that you keep records of the history of usage in case of discrepancies in the future, however this is purely advisory. If you are concerned about future discrepancies, then you can apply to the council for a “Certificate of Lawfulness” (for a small fee), this will verify the date you began letting the property. Again, this is not compulsory.
… What if I don’t have the necessary Planning Permissions after 26th March 2022?
If there is any unauthorised use of a property, the council can issue an “enforcement notice” under planning legislation to require the unauthorised use to cease. There is also the possibility of a fine should the Landlord choose not to comply with the enforcement notice and the council consequently take action in court. This would be a last resort from the council’s point of view, however it remains an option.
… Can neighbours object to the granting of Planning Permission?
A neighbour can make a complaint about a rental property at any time. If any issues arise within a property or it is believed the property is not being cared for or overseen correctly, the local authority will investigate and act if necessary.
… How do I apply for permission?
Planning permission is easily applied for through the Broxtowe Borough Council website, have in mind Beeston’s “Article 4 Direction” is not due to come into force until 26th March 2022.
If you’re an existing Landlord with a tenanted property within the specified area, you should follow the proposed direction carefully. If you are considering a “buy to let” purchase, be aware of the new requirements and feel free to contact the Robert Ellis Lettings office in Beeston for further information on 0115 9229090.
