The High Court ([2022] EWHC 2051 (Admin)) has confirmed that houses in multiple occupation (HMOs) falling under Use Classes C4 benefit from the same permitted development rights that are available to C3 dwellinghouses, so long as they are no flats. This means that certain works to HMOs such as some extensions and other alterations, do not require planning permission.
The High Court focused on an extension, to a dwellinghouse, that was built under permitted development. The London Borough of Brent (LBB) served an Enforcement Notice against the appellant claiming that the property had unlawfully become an HMO and therefore the extension was not lawful as HMOs do not benefit from the same permitted development rights as dwellinghouses. An appeal against the Enforcement Notice was lodged and the appellant argued that the building was an HMO before the extension was constructed and that HMOs do in fact benefit from the permitted development rights.
The appeal was allowed and LBB applied for permission to appeal the Inspector’s decision, as they believe the Inspector had made an error. The Deputy Judge of the High Court concluded in this appeal that the whether the building was or was not an HMO at the time that the extension was built is not relevant, as either way the property fell within Use Classes C3 or C4 and therefore constituted a dwellinghouse. Dwellinghouses benefit from the permitted development right used to extend the property and therefore the extension was in fact lawful.
The case therefore confirms that HMOs are "dwellinghouses" and therefore benefit from all of the permitted development rights that are available to "dwellinghouses". There is therefore scope to extend or alter HMOs without requiring planning permission. This judgement is very helpful in what has been a grey area for some time and confirms what can be done to C4 HMOs without the need for planning permission.
If you have an HMO and are considering extending it, possibly using permitted development rights, Squires Planning are able to assist. Please get in touch using the details below.
