GPDO

General Permitted Development Order

Article 4s Blocked HMOs Legislation Compensation Incoming Article 4? Buy an HMO!

How to buy an HMO in an Article 4 area

What if an Article 4 is already live and you are looking to purchase a C4 HMO in the area. How can you protect yourself to avoid losing a lot of money and needing to submit a planning application? This article will explain what we recommend you do.

If you are buying a Sui Generis large HMO, then this will have required planning permission, so ensure this exists and was made extant and is still live. Reach out if you need help.

Know the date the Article 4 went live!

This is vital. If it is an Article 4 blocking HMOs, you can look it up on this page to see when it came into effect. We would recommend reading a copy of the Article 4 Direction to be 100% sure. If in doubt check with the local authority, but we believe we are accurate with our information. Usual caveats apply. 

This may sound obvious, but make sure the Article 4 actually blocks C3 to C4 HMOs. Or in other words removes your Class L rights. Other Article 4s do exist, so it worth checking to see you are looking at the right document. Also check the map to ensure that the location of your proposed HMO purchase is included. Better safe than sorry!

Check the planning history of the property you want to buy

Next check the planning history at the local authority website. Are there any planning applications that gave permission for the HMO or importantly any precious applications that removed Class L rights and so might have prevented the lawful HMO? Has a certificate of lawfulness been issued in the past? Read it to make sure it relates to the C4 HMO. Do not assume anything. Always check and double check, and never rely on an agent or even a solicitor to check for you.

You might also want to check how many people are living at the property. Remember it is the number of people and not the number of bedrooms.

Get proof of the lawful HMO!!

Once you are confident that the C4 is probably lawful, you need proof. Proof that the C4 HMO was either created before the Article 4 came into effect or has been in existence for at least 10 years. Whichever date is the closest in the past. Do not buy without this proof. You are taking a big risk.

Note that when you apply for a licence in your name, the local authority might ask for proof of the lawful C4 HMO. If you do not have this, or can’t get it  you might be forced to get retrospective planning. If this is the case, we at Planning Geek have been successful for clients on retrospective planning for an HMO. Click here to request a free fee proposal.

If the seller can provide proof, we would strongly recommend applying for a certificate of lawfulness as a condition of sale. Either the current owner or you can submit this. But you will need to submit ample proof. The longer the period of time, the harder this might be. Planning Geek can assist you with this application. Click here to request a free fee proposal.

Once you have a certificate of lawfulness you ought to be good to purchase the HMO as planned. It could be an expensive mistake if you have to return the property back to a C3 dwelling through lack of evidence. Sadly you would not be the first, if this happened.

By reading this page, we hope nobody will have that unfortunate situation. 

Need further help?

If you need further help, please consider booking a Zoom call with Ian. He is here to help! 

You can book that on this page. 

Buying in an Article 4 area – Page updated 26th May 2025