Consultation on a new article 4 direction for small HMOs ran from 17 November 2023 to 5 January 2024. Further details are provided below.
Planning regulations set out the use classes within which different types of land uses fall.
Historically in Salford the change of use of a typical dwellinghouse occupied by a single household in use class C3, to a property used as a ‘small’ HMO that is shared by between three and six unrelated people in use class C4, could have been done without the need for planning permission under ‘permitted development rights’.
An article 4 direction relating to small HMOs came into force in parts of Salford on 25 November 2018. This means that planning permission is required for the change of use of a dwellinghouse to small HMOs in all of the Central Salford wards (Broughton, Claremont, Irwell Riverside, Kersal, Ordsall, Langworthy, Weaste and Seedley) and the wards of Barton and Eccles as they existed at that time. Although ward boundaries in Salford have changed since 2018, this does not change the areas to which the 2018 article 4 direction applies. Full details relating to the 2018 article 4 direction are available.
On Tuesday 10 October 2023 the city council decided that there is a need for an additional (new) small HMO article 4 direction to cover further areas of the city, This would supplement the 2018 article 4 direction and not change it in any way. It would apply to the following areas from 17 November 2024 and mean that planning permission would be required for the change of dwellinghouses to new small HMOs:
Consultation on the city council's decision and the evidence for the introduction of the additional article 4 direction ran from 17 November 2023 to 5 January 2024.
The evidence, the article 4 direction itself and a notice of its making can be downloaded below. A map showing the areas to which the additional article 4 direction would apply, should it be confirmed, can also be downloaded below.
We are currently considering the comments submitted as part of the consultation.
If the decision is made to confirm the additional article 4 direction, we will inform you of this and it would apply from 17 November 2024. Prior to 17 November 2024 the change of use of dwellinghouses to small HMOs in the areas impacted will remain permitted development (i.e. there is no need for planning permission). Any works to change the use of dwellinghouses to small HMOs which started before 17 November 2024 in the areas affected by the proposed additional (new) article 4 Direction could continue without the need for planning permission. Any properties that are already small HMOs would not be impacted by the additional article 4 direction. This is consistent with paragraph 046 of the government's planning practice guidance.
A map showing the existing 2018 article 4 direction and the proposed additional article 4 direction can be downloaded below.
Planning applications for the change of use of a dwellinghouse to a small HMO will be determined having regard to planning policies and other material planning considerations. Completely separate to planning regulations, where a property is used as a house in multiple occupation it will require a licence. If the HMO has five or more occupants that form two or more households, the landlord must obtain a mandatory HMO licence. From 19 July 2021, if the HMO has three or four tenants that form two or more households, the landlord must obtain an additional HMO Licence from the council.
In some areas of the city a licence will be required for rented properties irrespective of the number of occupants or number of households within it. This is known as selective licensing.
If you are unable to view documents of these types, our downloads page provides links to viewing software.
This page was last updated on 22 January 2024