Havering Council is consulting on a new borough-wide Article 4 Direction that would remove the permitted development right for changing a dwellinghouse in Use Class C3 to a small house in multiple occupation in Use Class C4.
The proposed Havering HMO Article 4 Direction is designed to close the remaining gap in the borough’s existing controls: in parts of Havering, detached houses can still change from C3 to C4 under Class L(b) of Part 3 of the GPDO without a planning application.
The consultation runs from 21 August to 16 October 2026. Crucially, the Council proposes a one-year lead-in rather than bringing the new direction into force immediately.
Need help with a planning application?
Planning Geek isn’t just a reference site - preparing and submitting planning applications is what we do. If you’d like a hand with an application, an appeal or any other planning matter, we’d be glad to help.
What permitted development right would be removed?
Class L of Part 3 of Schedule 2 to the GPDO allows movement in both directions between C3 dwellinghouses and C4 small HMOs. The proposed direction is aimed at Class L(b): the right to change from a C3 dwellinghouse to a C4 HMO.
A C4 HMO is broadly a dwelling occupied by three to six residents as their only or main residence, who form more than one household and share basic amenities. Larger HMOs do not fall within C4 and are normally treated as a sui generis use.
You can read our guide to Use Class C4 and HMOs and our wider explanation of Article 4 Directions.
Why does Havering already have two HMO directions?
Havering’s present position is unusual because two HMO Article 4 Directions were made in 2015 and came into force on 13 July 2016.
- within the former Brooklands, Romford Town, Heaton and Gooshays ward areas, the direction removes the C3 to C4 right from all dwelling types
- across the remainder of the borough, the existing direction removes the right from flats, terraced houses and semi-detached houses, but not detached houses
The ward boundaries changed in 2022, but the Council has confirmed that the original Article 4 boundaries remain in place.
The practical result is a patchwork. A detached dwelling outside the area covered by the stronger of the two existing directions may still be able to change from C3 to C4 under Class L(b). The new proposal would remove that remaining distinction and create one borough-wide planning control.
The consultation runs for eight weeks
The Havering consultation opened on Friday 21 August 2026 and closes at 5pm on Friday 16 October 2026.
The Council has published an evidence report and draft equality assessment alongside the proposed direction. It says the new control is intended to allow HMO proposals to be assessed for matters including:
- quality of residential development and adequacy of facilities
- the need to retain family-sized homes
- over-concentration of HMOs
- antisocial behaviour and amenity impacts
- parking impacts
Those are reasons for bringing the change within the planning application system; they do not amount to an automatic policy of refusing every new HMO.
This is a delayed, not immediate, Article 4 approach
Havering says it proposes to implement the new direction one year after the Direction is made, after consultation responses have been considered.
In practical terms that is the non-immediate route. The direction would be made, notified and publicised, but the additional restriction would not bite until the stated future date if the Council confirms it.
The 12-month lead-in is important. An immediate Article 4 Direction can expose a local planning authority to compensation claims in certain circumstances where an application is then refused or made subject to conditions. A properly handled delayed direction avoids that immediate-direction compensation window. Our guide to Article 4 compensation explains the distinction.
Bury has taken the opposite approach: its borough-wide HMO Direction took immediate effect on 16 July 2026. Our report on the Bury HMO Article 4 Direction explains the resulting compensation issue and the separate confirmation process.
What should landlords and investors do now?
The consultation itself does not remove any permitted development right. Until a new direction takes effect, the existing Havering directions remain the starting point.
That does not mean a purchaser should assume a detached house is automatically free to become an HMO. Before relying on Class L, check the property against the exact existing Article 4 boundary, establish its lawful C3 use, consider whether the proposed occupation really falls within C4, and check any other planning restrictions or conditions.
Our HMO Article 4 map is a useful starting point, but title-specific and address-specific due diligence remains important.
If a property is intended to rely on the current permitted development right before the new direction takes effect, it is the lawful change of use that matters. Buying the property, starting works or simply announcing an intention to operate an HMO does not preserve the PD right after the direction takes effect.
For evidence and risk management, a lawful development certificate can be particularly valuable where an Article 4 Direction is approaching.
Existing lawful HMOs do not become unlawful
An Article 4 Direction removes a permitted development right for future development. It does not retrospectively turn an existing lawful C4 HMO into an unlawful use simply because the new direction later comes into force.
That makes the history of the property important. Where there is doubt about when an HMO use began, whether it remained continuous, or whether the occupation actually fell within C4, evidence should be checked rather than assuming the planning status from a licence or letting history alone.
Planning permission and HMO licensing are also separate regimes. A property may need a licence even where the planning use is lawful, and a licence does not itself grant planning permission.
Why the Havering HMO Article 4 Direction matters in practice
If confirmed, the direction will make Havering much simpler to explain: new C3 to C4 changes across the borough would require a planning application regardless of whether the source property is detached, semi-detached, terraced or a flat.
It will not, however, remove the need to distinguish between C4 small HMOs, larger sui generis HMOs, licensing requirements and properties with established lawful HMO use. That distinction is where a lot of HMO due diligence goes wrong.
If you are considering buying in an Article 4 area, our guide to buying an HMO where Article 4 applies sets out the checks worth making before exchange.
Primary sources
Created: 23rd August 2026 | Havering HMO Article 4 Direction
