The government has announced further reforms to the planning system in England. The revised regulations which come into force on 6 April 2010 will allow industrial premises, offices, shops and schools to undertake minor developments without the need for planning permission.

Shops will now be able to extend their floor space by up to a maximum of 50 square metres without the need to apply for planning permission, and schools, hospitals and universities will have increased allowances. These new rights will be subject to certain constraints, for example within conservation areas, which are designed to minimise impacts on neighbouring properties and the wider environment.  The changes are set out in Statutory Instrument 2010 No.654.

The new powers will also require landlords to apply for planning permission in order to establish new Houses in Multiple Occupation (as defined in the Housing Act 2004 -see NOTES below) ie when a property is altered from a family home to a shared house with three or more unrelated tenants.  The legislation would not be applied retrospectively, such that existing houses with up to 6 unrelated residents living together as a household before 6th April under the terms of Planning Use Class C3 (dwellinghouses), will still be lawful as they will have an 'existing use’ as new Class C4 (HMO) when the legislation changes on 6 April 2010.

The amendment also permits movement from the new HMO Use Class C4 back to a C3 (dwelling house).

Where people are currently living in a dwelling but not living together as a single household, and therefore not lawful under the current terms of  Use Class C3, if this is currently unauthorised then planning permission will be needed under Class C4 (HMO).  The changes are set out in Statutory Instrument 2010 No. 653. 

Property owners proposing to rent out a property that has not been occupied other than by single households need to be aware that permission will be needed from 6th April, and are urged to contact us for further information and advice.  

Notes

For 6 persons to live together not in a HMO, it must be as a single household i.e. they are members of the same family or they form a ‘’prescribed relationship’’. Under regulations made by the appropriate national authority.  The legislation defines "family" for these purposes. 

The definition of an HMO as set out in the 2004 Housing Act is as follows: -

• An entire house or flat which is let to 3 or more tenants who form 2 or more households and who share a kitchen, bathroom or toilet.
• A house which has been converted entirely into bedsits or other non-self-contained accommodation and which is let to 3 or more tenants who form two or more households and who share kitchen, bathroom or toilet facilities.
• A converted house which contains one or more flats that are not wholly self contained (i.e. the flat does not contain within it a kitchen, bathroom and toilet) and which is occupied by 3 or more tenants who form two or more households.
• A building which is converted entirely into self-contained flats if the conversion did not meet the standards of the 1991 Building Regulations and more than one-third of the flats are let on short-term tenancies.
• The property must be used as the tenants' only or main residence and it should be used solely or mainly to house tenants.