Stoke-on-Trent Article 4 Direction and HMO Planning Permission

Getting an HMO licence in Stoke-on-Trent is only half the compliance picture. The city-wide Article 4 Direction took immediate effect on 23 October 2026, so a new C3-to-C4 conversion for three to six unrelated occupants needs planning permission. The council is consulting on the Direction until 20 November 2026 and will decide whether to confirm it after considering representations.

The Article 4 Direction

Stoke-on-Trent City Council's city-wide Article 4 Direction removes permitted development rights for converting a Use Class C3 dwelling house into a Use Class C4 house in multiple occupation (housing three to six unrelated occupants). The Direction took immediate effect on 23 October 2026. The Council's consultation runs until 20 November 2026; it will consider representations before deciding whether to confirm the Direction. If it is not confirmed by April 2027, it expires.

The Direction applies to new C3-to-C4 conversions from 23 October 2026. A small HMO already in use before that date is not affected and does not need retrospective permission. Keep evidence of when the property was physically converted and in use in case you need to establish that date.

Proposed Density Controls

The following concentration limits are described in the emerging Local Plan. They are proposed planning criteria, separate from the Article 4 Direction; they are not automatic refusal rules created by that Direction.

The proposed 50-metre radius criterion. The emerging Local Plan criterion would refuse permission if granting it would push the proportion of HMOs above 5% of all residential properties within a 50-metre radius of the application site.

Proposed ward-level density caps. The emerging Local Plan describes these caps by existing HMO density:

• Very high HMO density wards: 4.0% of total residential stock
• High HMO density wards: 2.5% of total residential stock
• All other wards: 1.5% of total residential stock

Proposed anti-sandwiching rules. The emerging Local Plan also describes two spatial rules:

• No two HMOs may sit side-by-side sharing a continuous street frontage
• A C3 dwelling may not be sandwiched directly between two operating HMOs

Licensing and Planning Are Separate Legal Regimes

A common misconception is that getting an HMO licence from the Private Sector Housing Team means you have planning permission, or vice versa. They are entirely separate obligations under different Acts of Parliament:

• HMO licensing is governed by Part 2 of the Housing Act 2004 and administered by the council's housing enforcement team.
• Planning permission is governed by the Town and Country Planning Act 1990 and administered by the council's planning department.

You may need both. Operating a licensable HMO without a licence is an offence under Section 72 of the Housing Act 2004. A new C3-to-C4 conversion needs planning permission under the Article 4 Direction; operating without required planning permission is enforceable under the Town and Country Planning Act, including by an enforcement notice requiring you to stop the unauthorised use.

If both requirements apply and are breached, the landlord may face dual enforcement: a civil financial penalty of up to £40,000 under Section 249A of the Housing Act 2004 or prosecution for the licensing offence, as well as planning enforcement.

What About Larger HMOs (Sui Generis)?

Properties housing seven or more unrelated occupants fall into the sui generis use class — they are too large for C4 and require planning permission independently of this Direction. Any applicable planning policies should be checked for the specific application.

Practical Steps Before Converting

1. Check the current planning requirements with the council, including whether the Article 4 Direction applies to your proposed change of use.
2. Review the emerging Local Plan criteria and ask the planning department how they apply to your site.
3. Submit a planning application through the Stoke-on-Trent planning portal where permission is required.
4. Apply separately for any required HMO licence; do not change the use before obtaining planning permission where it is required.

Changing the use and taking tenants before required planning permission is granted can leave you with a property you cannot lawfully operate as an HMO.

The Stoke-on-Trent Landlord Licensing Guide covers both the planning and licensing requirements together, including how to check density limits before committing to a conversion.

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