Croydon HMO Planning Permission and Article 4: What Landlords Must Know

The Two Separate Systems

Property licensing and planning permission are different legal regimes. A property licence under the Housing Act 2004 confirms that the landlord meets management and safety standards. Planning permission under the Town and Country Planning Act 1990 confirms that the building's use is lawful. You can hold one without the other, and Croydon Council enforces both independently.

A valid property licence does not grant planning approval. A valid planning permission does not remove the need for a licence. Landlords operating HMOs in Croydon need to satisfy both requirements.

Croydon's Article 4 Direction

Croydon Council introduced a borough-wide Article 4 Direction on 28 January 2019. It was confirmed and came into force on 28 January 2020. This removed the permitted development right that previously allowed a single dwelling (Use Class C3) to be converted into a small HMO (Use Class C4, accommodating three to six unrelated occupiers) without planning permission.

Before the direction took effect, converting a house into a small HMO was considered permitted development — no planning application needed. Since 28 January 2020, every new HMO conversion in Croydon requires express planning permission from the council's planning department.

This applies borough-wide — all 28 wards, not just the 14 selective licensing wards.

Who Needs Planning Permission

You need HMO planning permission if you are:

• Converting a single-family dwelling into a shared house for three or more unrelated occupants (C3 to C4 use change)
• Expanding an existing small HMO beyond six occupants into a larger HMO (C4 to sui generis use change — this always required planning permission, even before the Article 4 Direction)

You do not need new planning permission if:

• Your property was already operating lawfully as an HMO before 28 January 2020 and has continued in that use without interruption — the direction does not require new planning permission for that established use, but keep evidence of when it began and that it continued
• Your property was granted planning permission for HMO use at any point and remains in that use
• You obtained a Lawful Development Certificate confirming the HMO use was established before the Article 4 Direction took effect

If you are unsure whether your property's HMO use predates the Article 4 Direction, you can apply to the council for a Certificate of Lawful Existing Use or Development (CLEUD). This provides formal confirmation based on evidence that the HMO use was lawfully established before the direction took effect.

The Consequences of Getting It Wrong

Operating an HMO without the required planning permission exposes you to planning enforcement action:

• Enforcement Notice — the council can require you to stop the unauthorised use, revert the property to single-family occupation, or apply for retrospective planning permission
• Prosecution — failure to comply with an enforcement notice is a criminal offence
• Impact on licensing — the council may take the absence of planning consent into account when processing a licence application, potentially issuing a reduced-term licence or requiring you to regularise the planning position as a condition

Planning enforcement is separate from licensing enforcement. You could face a civil penalty for operating without a licence and an enforcement notice for operating without planning permission simultaneously.

How to Check Your Planning Status

1. Search the council's planning register for your property address — look for any previous C4 or HMO-related applications or permissions
2. Check your property's use history — if the property has been continuously occupied as a shared house since before January 2020, gather evidence (tenancy agreements, utility bills, council tax records) to establish lawful use
3. Apply for a CLEUD if you need formal confirmation — this is a planning application with a fee, but it provides definitive legal certainty
4. Consult the planning department if you are converting a property for the first time — submit a full planning application for C3 to C4 change of use before entering into any HMO tenancy arrangements

Licensing and Planning: The Practical Sequence

For a new HMO conversion in Croydon, the practical order is:

1. Secure planning permission for C4 use (or sui generis for larger HMOs)
2. Carry out any required building works to meet room size and amenity standards
3. Obtain all safety certificates (gas, electrical, EPC, fire risk assessment)
4. Apply for the appropriate property licence (additional HMO or mandatory HMO)
5. Only then begin letting to multiple households

Reversing this sequence — letting first, licensing and planning later — risks enforcement action on both fronts plus civil penalties of up to £40,000 for the licensing offence alone.

For a complete guide to Croydon's licensing schemes, see our landlord licensing guide.

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