Reminder: Planning Needed for Small HMOs in Birmingham from June 2020

Further to our earlier articles on this topic, in light of the potential implications of the current pandemic, we have checked again with Birmingham City Council whether the proposed new city-wide Article 4 Direction is still going ahead. We have received confirmation that no changes are proposed, and it will come into force on Monday 8th June 2020.

This will mean that the current permitted development right to change the use of family dwelling houses to small Houses in Multiple Occupation (HMO) that can accommodate up to six people without requiring planning permission will be removed. The proposed ‘Article 4 Direction’ will cover the whole of the City and means that a planning application will be required for all proposals to convert family houses to small HMO accommodating between 3 and 6 residents. The Council state that the Article 4 Direction will mean they can properly consider the implications of new HMOs that are to be created, avoid excessive concentrations of such HMOs and to continue to monitor their distribution and the effects they have on the wider area.

The Council is asking landlords of existing small HMOs to declare these to them before Monday 8th June 2020 providing details of the address of the property and any evidence to demonstrate that it is an existing HMO – before the Article 4 Direction becomes enforceable. The Council state that after Monday 8th June 2020 existing HMOs that haven’t already been declared may require the submission of an application for a certificate of lawful use or for retrospective planning approval. If you have any small HMOs in Birmingham and would like us to advise you further, including applying for a Lawful Development Certificate where appropriate, please do contact Gail Collins, Director, on 0121 744 5511.