Ealing Article 4 Direction and HMO Planning Permission

Holding an HMO licence in Ealing does not mean you have planning permission — and holding planning permission does not exempt you from licensing. They are two separate legal regimes, and getting caught without one while holding the other is a compliance failure that can result in enforcement action from two different council departments.

What the Article 4 Directions Do

Under national permitted development rights, converting a single-family house (Use Class C3) to a small HMO occupied by three to six unrelated people (Use Class C4) normally does not need planning permission. Ealing's Article 4 directions withdrew that right.

Perivale — immediate direction. Made on 30 October 2024 and in force immediately. Any C3 to C4 conversion in Perivale requires express planning permission.

Borough-wide — non-immediate direction. Also made on 30 October 2024, confirmed on 12 March 2025, and taking full legal effect on 14 November 2025. This covers all 24 wards of Ealing except Perivale (already covered by the immediate direction) and the Old Oak and Park Royal Development Corporation (OPDC) area.

The result: since November 2025, converting a family house outside the OPDC area into a small HMO requires a planning application and express planning permission.

Large HMOs Need Planning Permission Regardless

Large HMOs occupied by seven or more individuals fall into a Sui Generis planning use class. They have always required full planning permission borough-wide, with or without an Article 4 direction.

Why Planning and Licensing Are Separate

Planning permission is granted under the Town and Country Planning Act 1990. Property licensing is granted under the Housing Act 2004. They are administered by different teams within the council:

• Planning: decides whether the use of the building is lawful under planning law
• Property Licensing: decides whether the landlord, the property and the management arrangements meet housing standards

A property can have a valid HMO licence but be in breach of planning law (no permission for C4 or Sui Generis use). Equally, a property can have C4 planning permission but operate without the required HMO licence. Both situations expose the landlord to enforcement.

Consequences of Operating Without Planning Permission

If you operate an HMO without the necessary planning permission, the council's planning enforcement team can serve a Planning Enforcement Notice, a Stop Notice or even pursue Proceeds of Crime Act (POCA) confiscation orders. These powers exist independently of the licensing regime — having a valid HMO licence does not protect you.

What to Check Before You Let

If your property is already a C4 HMO and was lawfully used as one before the Article 4 direction took effect, you may have existing use rights. Otherwise, you need to apply for planning permission before letting to three or more unrelated sharers. Check with Ealing's planning team or obtain a Certificate of Lawful Development to confirm the property's planning status.

Then, separately, apply for the correct property licence through the licensing portal.

The Ealing landlord licensing guide covers both the planning and licensing requirements for HMOs in Ealing, including how to verify your property's planning status before submitting a licence application.

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