If you invest in HMOs, you’ve probably heard the phrase ‘Article 4 area’.
And if you haven’t, you should – because Article 4 Directions are one of the easiest ways for a council to stop a new HMO in its tracks.
They remove the automatic right to convert a normal house into a small HMO, forcing landlords to apply for planning permission instead.
And in many places, that permission is very hard to get.
Here’s what every HMO landlord and investor needs to know.
What exactly is an Article 4 Direction?
Normally, converting a house (C3) into a small HMO (C4) is permitted development — you don’t need to apply for planning permission.
An Article 4 Direction removes that right.
It doesn’t make HMOs illegal.
But it does mean that a planning application is required for the change of use.
And that application will be judged against local planning policies — some of which are deliberately designed to limit HMOs.
Why do councils use Article 4?
Councils typically introduce an Article 4 Direction when they believe HMOs are causing problems, such as:
- Overconcentration in certain neighbourhoods
- Parking pressures
- Anti-social behaviour
- Loss of ‘family housing’
- Changes to character and amenity
Instead of banning HMOs outright, they place the decision back in the planning system.
That gives them more control — and more reasons to say no.
Where are Article 4 Directions found?
They are now very common in university towns and cities, including:
- Birmingham
- Nottingham
- Manchester
- Leeds
- Southampton
- Bristol
- London boroughs such as Newham, Waltham Forest, Brent and Haringey
Many councils have borough-wide Article 4s.
Others only apply them to specific streets or neighbourhoods.
And some councils with no Article 4 yet are actively consulting on introducing one.
The list is only growing.
Why Article 4 catches landlords out
Article 4 Directions create traps for investors because:
1. Agents often don’t understand them
A property is advertised as an ‘existing HMO’ or ‘easy to convert’, when in reality, planning permission would be required – and unlikely to be granted.
2. Licensing and planning are completely separate
A property might have (or qualify for) an HMO licence but still breach planning law.
Licensing never overrides Article 4.
3. Investors rely on the ‘six-person rule’ myth
Many landlords wrongly believe HMOs under six people never need permission.
In an Article 4 area, that is simply untrue.
4. Councils enforce aggressively
In Article 4 areas, councils actively look for unauthorised HMOs.
Enforcement notices, fines and planning refusals are common.
How councils refuse HMO applications in Article 4 areas
Once you’re forced into making a planning application, the council can refuse it based on policies such as:
- Overconcentration (e.g. more than 10% HMOs within 100m)
- Sandwiching (your house sits between two HMOs)
- Harm to character
- Loss of family housing
- Parking and amenity impacts
- Poor internal layout
These policies are often deliberately strict.
Some councils have refused applications because the fourth nearest house on the street was already a HMO.
This is why buying a house in an Article 4 area without checking the planning position is so risky.
Can you get planning permission in an Article 4 area?
Yes – but success depends heavily on:
- The council’s specific HMO policy
- How saturated the area already is
- The condition and layout of the property
- Whether the HMO would cause ‘harm’ under local criteria
My consultants at Just Planning have obtained planning permission for new C4 HMOs in Article 4 areas, for example here in Merton.
I win appeals in Article 4 areas regularly, but they usually require:
- strong arguments
- good evidence
- sometimes creative planning solutions
Most applications are refused not because councils hate HMOs, but because applicants misunderstand the criteria.
I have won a number of appeals for HMOs, including this, for example, in Northampton (West Northamptonshire Council).
What if your HMO already exists?
If a property has operated continuously as a HMO for ten years, it may be lawful even without permission — but only if you can prove that ten-year period to the council’s satisfaction. See, for example, this successful case in Enfield and this other case in Newham.
Alternatively you can prove that the HMO has been running since before the Article 4 was introduced. See, for example, this case study in Greenwich.
Common evidence includes:
- tenancy agreements
- utility or council tax records
- sworn statements
- licensing paperwork
- photographs or inspection notes
Any gap in the evidence can derail an application.
If evidence is incomplete, you may need to apply for retrospective permission — and that can be risky.
What should landlords do?
If you own or are buying a property in an Article 4 area:
- Check the planning history before you buy
- Confirm whether the property is already a lawful HMO
- Do not rely on licensing to prove planning
- Don’t trust estate agent descriptions
- Get professional planning advice early (you can always Ask Martin!)
- Be ready for a fight if making an application
HMOs remain a strong strategy, but Article 4 means not every house in a good location is a good investment.
Final thoughts
Article 4 Directions aren’t the end of the world for HMO investors — but they are a major complication.
They create uncertainty, increase refusal rates and give councils more control.
Handled badly, they can lead to enforcement, appeals, and expensive mistakes.
Handled well, they simply become another part of the due-diligence process.
Whether you’re planning a new HMO or trying to regularise an existing one, get advice before you commit.
If you’d like a deeper, practical guide to navigating HMO planning, my book Planning for HMOs covers everything landlords need to know — from use classes and Article 4 Directions to Certificates of Lawfulness, refusals and enforcement. It’s written in plain English and packed with real examples from cases I’ve handled across the country.
You can get it here: www.martingaine.com/hmos.
