GPDO

General Permitted Development Order

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

What if an Article 4 is coming in?

What if an Article 4 is coming in to the area where you invest? Don’t panic, but you must plan ahead.

If you invest and perhaps run HMOs or indeed looking to develop commercial property which might be impacted by an HMO, you must be ready for it. This page will give you guidance as to what to do.

Know the date of the Article 4 going live and set a plan!

This is vital. If it is an Article 4 blocking HMOs, you can look it up on this page. Otherwise check with the local authority, the exact date that it will be implemented and made live. Once you have this date, mark it on the calendar so you will not miss it. The local authority will have produced what is called an Article 4 Direction and linked to it will be a map showing affected areas. 

If you are looking to create a C4 HMO of up to 6 people from a C3 dwelling under Class L rights in the area affected, you must ensure that this is established on or before the day before the Article 4 comes into effect. Therefore you must have at 3 unrelated tenants on separate ASTs.

Then ensure that you have at least 3 tenants on the day after it has come into effect.

This will mean that as long as you have not previously had your Class L rights removed, you now have a lawful HMO in an Article 4 area! Well done!

We would recommend at this point to apply for a certificate of lawfulness to confirm that you are running a lawful C4 dwelling. Planning Geek can assist you with this application. Click here to request a free fee proposal.

Increasingly we are seeing the licencing team requesting proof that your C4 HMO is lawful. So we would recommend this as soon as the Article 4 is live. If not, we would strongly recommend you keep detailed notes over the next few years. If you decide to get a certificate in 5 years time, you will need to prove you have had at least 3 tenants since the day before the Article 4 became live. If you are not good at paperwork, this might be a tough ask. A few days is much easier, than a few years!

Please remember that an Article 4 does not normally block C4 to C3, therefore please avoid lengthy periods of vacant possession or just letting one or two tenants have the fill run of the house. Keep other bedrooms locked if the numbers drop. 

Finally even if you have a planning application or buildings regs to get your proposed HMO live, if it is not live by the time the Article 4 comes into effect, you will need planning for the HMO. There are no exemptions to properties being impacted.

BTW if you are reading this page and the Article 4 is already live, you can you check this page to see when the Article 4 came into effect, if you need to prove the existence of the C4 HMO back to that date. Planning Geek can assist you with this application. Click here to request a free fee proposal.

Other commercial buildings

If you are looking to perhaps convert an office to a C3 dwelling under Class MA, and the local authority is bringing in an Article 4 to block Class MA, you need to again be sure as to when this date is. Make sure you have the exact date in writing from the local authority. 

You must have submitted a valid application before the Article 4 is made live and comes into effect. You do not need it validated, but it must be valid. There is a difference.

In order to make it valid, you must have complied with all the various elements under Class MA including correct drawings, having light to all habitable rooms and minimum space standards etc. You must also have paid the correct planning fee to the local authority. If anything is missing, the application will not be complete and therefore will not be valid. If the Article 4 comes in before you have made a valid application, I’m afraid that you will need to submit a planning application.

We would strongly recommend you use a competent planning consultant to assist you with the application. We see far too many of these applications done incorrectly. if there is a deadline, you might not get a second chance. Planning Geek can assist you with the application.  Please complete this form for a fee proposal. 

Note that an Article 4 blocking say Class MA or Class ZA is usually limited to certain buildings only – so I would recommend getting hold of a copy of the map that goes along with the Article 4 direction to confirm that you are effected. At the time of writing this article, we do not have this information online, so please check with the local authority. You can find their information on this page.

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. 

Article 4 comes into effect – Page updated 26th May 2025