Hounslow Article 4 Direction: HMO Planning Permission Explained

Getting an HMO licence in Hounslow is one hurdle. But many landlords don't realise there's a separate, parallel requirement that can block an HMO before the licensing question even arises: planning permission.

Hounslow maintains a borough-wide Article 4 Direction that removes permitted development rights for converting a Class C3 dwelling (a single-family house) into a Class C4 small HMO (three to six unrelated sharers). Without this direction, the conversion would be permitted development — no application needed. With it, every new HMO conversion in Hounslow requires a planning application.

What the Article 4 Direction Covers

Under normal permitted development rules (the Town and Country Planning (General Permitted Development) (England) Order 2015), a homeowner can let a property to up to six unrelated sharers without changing the planning use class. The property moves from C3 (dwellinghouse) to C4 (small HMO) automatically.

Hounslow's Article 4 Direction withdraws that automatic permission across the entire borough — every ward, every street, no exceptions. If you want to start using a property as a small HMO, you need to apply for planning permission to change its use from C3 to C4.

Large HMOs — properties with seven or more unrelated occupants — fall into Sui Generis use (a class of their own) and always require planning permission, with or without an Article 4 Direction.

Planning Permission and Licensing Are Separate Systems

This catches out landlords regularly. Property licensing under Part 2 of the Housing Act 2004 and planning permission under the Town and Country Planning Act 1990 are two independent legal regimes. Having one doesn't give you the other.

A licence without planning permission means you're licensed to manage the HMO but using the property in breach of planning law. The council's planning enforcement team can take action separately.

Planning permission without a licence means the planning use is lawful but you're committing a criminal offence under Section 72 of the Housing Act 2004 by operating an unlicensed HMO.

You need both.

What Happens If You Apply for a Licence Without Planning Consent

Hounslow Council's HMO Licensing Policy addresses this directly. If you submit a licensing application for a property that lacks the correct planning consent, the council may:

• Restrict the permitted occupancy on the licence to match the existing lawful planning use (e.g., capping at two sharers if C3 use hasn't been changed)
• Issue a short-term, one-year licence instead of the standard five years, giving you time to apply for planning permission or revert the property to single-family use
• Refuse to renew a subsequent licence if the planning irregularity hasn't been resolved during the short-term licence period

The council won't automatically refuse a licensing application for lack of planning consent, but it will constrain the licence until the planning status is sorted.

Established Use and the Ten-Year Rule

If your property has been continuously used as a small HMO for more than ten years without any enforcement action, you may be able to apply for a Certificate of Lawful Existing Use (CLEUD) under Section 191 of the Town and Country Planning Act 1990. A CLEUD confirms the existing use is lawful and removes the need for a retrospective planning application.

Evidence typically includes council tax records showing multi-occupant billing, tenancy agreements covering the ten-year period, utility bills, and statutory declarations from tenants or neighbours. The burden of proof sits with the applicant — the council doesn't have to disprove your claim, but it doesn't have to accept thin evidence either.

How to Apply for HMO Planning Permission

If you need planning permission for a new HMO conversion, the application goes through Hounslow's planning department (separate from housing enforcement). Key considerations the planning team will assess:

• Impact on the character of the street and neighbourhood
• Parking and refuse storage capacity
• Whether the local area already has a high concentration of HMOs
• Compliance with Hounslow's local plan policies on housing mix

The planning application fee and the HMO licence fee are separate charges paid to different council departments.

Both systems — planning and licensing — are covered in our Hounslow landlord licensing guide, including the steps to check your planning status before submitting a licence application.

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