Barnet HMO Article 4 Direction and Planning Permission

Property licensing and planning permission are separate legal requirements in Barnet, and holding one does not give you the other. Many landlords discover this only when Barnet Council grants a shortened one-year licence because planning consent is missing — or when the planning enforcement team contacts them independently.

Barnet's Article 4 Direction

On 29 May 2016, Barnet Council brought into force a borough-wide Article 4 Direction under Part 3 Class L(b) of the General Permitted Development Order 2015. The direction permanently withdrew the permitted development right that allows a Class C3 dwellinghouse to be converted into a Class C4 small HMO (three to six unrelated individuals sharing amenities) without planning permission.

The practical effect: anywhere in the London Borough of Barnet, changing a single-family home into a shared house occupied by three to six unrelated people requires a formal planning application. This is not limited to specific wards — it applies borough-wide.

When Planning Permission Is Required

C3 to C4 conversion after 29 May 2016. If a landlord started letting a property to three or more unrelated sharers after the Article 4 Direction came into force, planning permission was needed from day one. Operating without it is a breach of planning control.

Sui Generis HMOs (more than six occupants). Large HMOs occupied by more than six unrelated people fall into the Sui Generis planning use class, which has always required full planning permission regardless of any Article 4 Direction.

C4 use established before 29 May 2016. Properties that were already operating as small HMOs continuously before the direction took effect do not need retrospective planning permission. However, the landlord needs to be able to prove historic C4 use. The route is a Lawful Development Certificate (LDC), supported by evidence such as tenancy agreements, utility bills, council tax records and statutory declarations from tenants covering the relevant period. An LDC application is submitted to Barnet's Planning and Building Control team (020 8359 3000) — it is a separate process from the licensing application.

How Planning Status Affects Your Licence

Barnet's Housing Regulatory Services team will process an HMO licence application even if the property lacks planning consent. The council separates the two obligations: public health and safety protection under the Housing Act 2004 cannot be held up by a planning dispute.

But the planning gap has consequences for the licence:

• Shortened licence term. Instead of a standard five-year licence, Barnet routinely issues a one-year licence where there is an outstanding planning issue. A one-year licence still carries full Stage 1 fees (£1,061) but the Stage 2 fee drops to £162 instead of £811, giving a total of £1,224. When the licence expires after 12 months, the landlord must reapply and pay again.
• Referral to planning enforcement. The housing licensing team refers properties with no planning consent to Barnet's planning enforcement team. Planning enforcement can serve a Planning Enforcement Notice requiring the unauthorised use to cease. The landlord may also apply for retrospective planning permission.
• No protection against planning action. A valid HMO licence does not prevent planning enforcement. The two regimes operate in parallel.

Resolving the Planning Gap

If your property has been operating as an HMO without planning permission and the Article 4 Direction applies, there are two main routes:

Apply for retrospective planning permission. This is a standard planning application assessed on its own merits — impact on neighbours, parking, waste management, character of the area. Barnet's planning team decides based on the Local Plan and any relevant supplementary planning guidance.

Apply for a Lawful Development Certificate. For a change of use from C3 to C4, Section 171B(3) of the Town and Country Planning Act 1990 generally bars enforcement after ten years from the breach, subject to the exceptions in Section 171B(4). An LDC can formally confirm that the use is lawful based on prior permitted development rights or the time limit. For a C4 use established before 29 May 2016, the permitted development rights then in force may provide the basis for an LDC.

Either route removes the planning obstacle and allows the next licensing application to be considered for a standard five-year term.

The Cost of Ignoring It

A shortened one-year licence means relicensing every year at £1,224 per cycle instead of £1,872 spread over five years (£374 per year). Over five years, that is £6,120 versus £1,872 — more than three times the cost.

Planning enforcement notices carry their own penalties for non-compliance. And a landlord who knowingly operates in breach of planning control weakens their position if a tenant pursues a Rent Repayment Order, since the tribunal considers the landlord's overall conduct.

The Barnet Landlord Licensing guide covers the planning verification steps alongside the licensing application process, so you can identify and address planning issues before they shorten your licence or trigger enforcement.

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