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 run HMOs, are considering a change of use or have a permitted development project in the pipeline, the operative date can make a substantial difference. This page explains what to check before the Direction takes effect.

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 from a C3 dwelling under Class L, the important point is that the C4 use must genuinely have begun before the Direction withdraws that permitted development right for the property.

There is no statutory shortcut which says three separate ASTs on the day before and the day after automatically establishes a lawful C4 use. Tenancy agreements can be useful evidence, but the planning question is what use has actually begun. Occupation, rent records, council tax information, HMO licensing material and other contemporaneous evidence may all be relevant.

Once the Direction takes effect, a new C3 to C4 change will normally need planning permission where Class L has been withdrawn. If the HMO use was already lawfully established, a certificate of lawfulness can provide valuable confirmation. Planning Geek can help with a certificate application where appropriate.

Keep the evidence. A temporary vacancy or a short-term drop to one or two occupiers does not automatically turn an established C4 HMO back into C3. Whether a material change of use has occurred is a question of fact and degree. A substantial or prolonged change in the character of the use may be different, so do not rely on bedroom locks or tenancy paperwork as a substitute for the actual planning facts.

If the Article 4 is already live, our HMO Article 4 map can help identify the operative date. A later certificate application may need evidence showing that the C4 use was established before that date and remained lawful afterwards.

Other commercial buildings

If you are looking to convert a Use Class E building to a C3 dwelling under Class MA, check the exact date on which any Class MA Article 4 Direction takes effect and whether the property falls inside its mapped area.

Merely submitting a valid prior approval application before the Direction takes effect is not enough to secure the Article 4 protection. Article 4(2)(a) protects qualifying development where the statutory prior approval date falls before the Direction comes into force, provided the development is then completed within the relevant three-year period.

The prior approval date is defined by the GPDO and can arise through an express approval, a determination that prior approval is not required, or the expiry of the applicable determination period without the authority notifying the applicant that prior approval is required, depending on the particular Class. This means that an impending Article 4 Direction can create a real timing problem if the prior approval process has not reached that stage before the operative date.

So apply early enough to protect the position, rather than treating the submission date as the deadline. The application still needs to comply with Class MA, include the required plans and information and carry the correct planning fee. Planning Geek can help with the prior approval application.

Always read the Direction and its map. A Class MA Direction may cover only particular buildings or parts of an authority’s area. Our Class MA Article 4 map brings the known directions together, but the Direction itself remains the document which controls.

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. 

More Article 4 resources

Article 4 directions can affect different permitted development rights and different areas. Use the index for the complete section, or go straight to the topic you need.

What if an Article 4 is coming in? Page Created: 26th May 2025

Article 4 comes into effect – Page updated 15th September 2026