Brighton Article 4 Direction: HMO Planning Permission vs Licence — Two Separate Requirements

Two Completely Separate Legal Frameworks

This is the point that catches more Brighton HMO landlords than any other: getting an HMO licence does not give you planning permission, and having planning permission does not exempt you from licensing.

They are independent legal obligations. One is administered by the council's Private Sector Housing Team under the Housing Act 2004. The other falls under planning law and the council's Planning Department. Complying with one while ignoring the other leaves you exposed to enforcement action on the side you missed.

What the Article 4 Direction Does

On 3 June 2020, Brighton and Hove expanded its Article 4 Direction to cover the entire city, building on an earlier direction that applied to five wards from 2013.

Normally, converting a single dwelling (Use Class C3) to a small HMO (Use Class C4, three to six occupants from two or more households) is permitted development — you don't need planning permission. The Article 4 Direction removes that permitted development right across all of Brighton and Hove. Any change of use from C3 to C4 now requires express planning permission before that C4 use begins.

For larger HMOs with seven or more occupants, planning permission is always required regardless of Article 4 because these properties fall into the Sui Generis planning category — they're outside the standard use classes entirely.

The Dual C3/C4 Flexible Route

Landlords can apply for dual C3/C4 flexible planning consent. If granted, this allows a property to alternate between single-household and small HMO use over a 10-year period without applying for a new change of use each time.

This can be useful if you're not sure whether you'll always have sharers — a property that reverts to a family let and back to shared occupation doesn't need a fresh planning application each time, as long as the flexible consent is in place.

How to Check Your Planning Status

If the property was already being used as an HMO before the Article 4 Direction took effect in your area (2013 for the original five wards, 2020 for the rest of the city), it may have established use rights. But "established use" isn't something you can assume — you'd need evidence that the property was continuously occupied as an HMO before the direction date.

For any property converted to shared use after the relevant Article 4 date, check the council's planning records for an approved C4 or Sui Generis application. If there's no planning history and no established use evidence, you need to apply before letting to sharers — regardless of whether you hold a valid HMO licence.

The Practical Risk

If you operate an HMO without the required planning permission, the council's Planning Department can issue an enforcement notice requiring you to stop the HMO use. That can mean evicting tenants and returning the property to single-household occupation — even if your HMO licence is perfectly valid.

Going the other direction, holding planning permission for C4 use doesn't exempt you from getting the HMO licence. Without the licence, you face civil penalties of up to £40,000 per offence, Rent Repayment Orders, and potential criminal prosecution.

The Brighton and Hove Landlord Licensing Guide covers the planning and licensing interlock in detail, including how to verify your Article 4 status before applying for a licence.

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