When the Article 4 Direction was introduced in Portsmouth 12 years ago, we recommended that members with smaller HMOs change the planning status of their properties to mixed use (known as C3/C4) so that they could switch between family lets and HMO letting without breaking the rules. Those C3/C4 approvals were only for 10 years (though many were not told so at the time) – but now, when owners come to renew, many are getting confused as you need to apply for planning permission to change from 'mixed use C3/C4' to 'mixed use C3/C4' which appears illogical.
Proving Lawful HMO (C4) Use – Are You Guilty Until You Prove Innocence?
Some years ago, Portsmouth City Council (PCC) enacted an 'Article 4 Direction' requiring planning permission for new HMOs. This overrides the usual permitted development rights a landlord has to use a normal residential property as either a non-HMO, (C3 use class i.e. family type residence) or an HMO occupied by unrelated sharers (C4 use class). There are many HMOs that do not have or require planning permission as they have been in continuous HMO use since November 1st 2011 when the Direction commenced.
The planning enforcement team are currently writing to landlords asking them for proof of continuous use - do you know what you need to do? Have you kept records to show how your property has been used?