Do you need planning permission for a HMO?

An HMO or House in Multiple Occupation means that there are at least 3 people who are not from not from the same family living together in a property with shared facilities like the bathroom and kitchen.

You will need a HMO licence if you’re renting out a large HMO in England or Wales. Your property is defined as a large HMO if each of the following apply:

• It is rented to 5 or more people who form more than 1 household
• Some or all tenants share toilet, bathroom or kitchen facilities
• At least 1 tenant pays rent (or their employer pays it for them)

To gain planning approval to create a house in multiple occupation (HMO), it must meet all the requirements, including the minimum living space. For example, in a 4 bed Victorian house the third bedroom is usually too small to meet the national agreed space standards to be a lettable room in an HMO.

For any HMO that is likely to meet the permitted development criteria a lawful development certificate is recommended. This is the only way to get a legal determination that your project is permitted development. A Lawful Development Certificate will likely be required should you wish to sell the property at any stage in future and it protects you from any retrospective planning issues, enforcements or penalties.

Ultimately, it is the planning officer assessing your application who will make the legal determination and either approve or reject your application. If your application for a lawful development certificate is rejected then an application for full planning permission would be required.

If there are any hidden constraints that limit or remove your permitted development rights, full planning permission may be required even if your project complies with all the permitted development criteria.

Building regulations approval will likely also be required once planning permission is approved, depending on the extent of the works.