Article 4 direction

An Article 4 direction is a planning order made by a local council that withdraws specified permitted development rights in a defined area, so that work which would normally be allowed without planning permission requires a planning application instead. It takes its name from Article 4 of the Town and Country Planning (General Permitted Development) Order, the legislation that sets out what can be done without applying for permission.

Why Article 4 directions matter to landlords

For landlords, the most common reason to encounter one is HMO conversion. Across England, converting a normal dwellinghouse, planning use class C3, into a small house in multiple occupation, use class C4 for three to six occupants, is usually permitted development and needs no planning application. Where a council has made an Article 4 direction covering that change, it has removed that right, so creating a small HMO in the area requires a full planning application that the council can refuse. Many councils have introduced Article 4 directions across whole towns or specific neighbourhoods to control the concentration of HMOs, particularly in student and high-demand rental areas. Larger HMOs of seven or more occupants are a separate planning matter, covered by sui generis use, and always need planning permission regardless of any Article 4 direction.

How to check whether one applies

An Article 4 direction is area-specific, so the only reliable way to know is to check with the local planning authority for the property. Most councils publish the directions in force on their planning pages, often with a map of the designated area, and the planning department will confirm whether a particular address is covered. The practical point for a landlord is to check before buying a property to convert, because an Article 4 direction can be the difference between a straightforward permitted conversion and a planning application that may be refused, which materially affects the value of the deal.

Planning permission is not the same as a licence

An Article 4 direction concerns planning permission, which is separate from HMO licensing. A property can need planning permission to become an HMO because of an Article 4 direction and also need an HMO licence once it is operating, and the two are assessed by different parts of the council under different rules. Satisfying one does not satisfy the other, so a landlord converting a property should treat planning and licensing as two distinct steps. Our guide to converting a property into an HMO sets out how both fit into the process.

Other uses

Outside HMOs, councils also use Article 4 directions to protect the character of conservation areas, for example by removing the right to alter windows, render walls or demolish boundary structures without permission. The principle is the same in every case: the direction withdraws a permitted development right so that a planning application becomes necessary. A council must follow a set procedure to make a direction, and to avoid liability to compensate affected owners it normally gives at least twelve months' notice before the direction takes effect. Authoritative guidance on permitted development and planning permission is published on gov.uk.

See also: HMO, Sui generis, HMO licence