Planning consent may be needed for small HMOs in part of London

A Labour council in London is seeking much greater control over the creation of so-called ‘small HMOs’.

Lambeth council wants anyone creating a so-called ‘small HMO’ - which has between three and six occupiers - to require planning consent. 

This would apply in two wards where, the council claims, “residents have expressed concerns relating to the notably high number of HMOs, and associated impacts including instances of reported anti-social behaviour, loss of family homes and impact on the character of the areas.”

At present, a change of use from a standard residential property to a ‘small HMO’ – which has between three and six occupiers – does not need planning permission as this is considered ‘permitted development’ under national planning legislation.

But the council is seeking an Article 4 Direction, a procedure which would make planning permission necessary for the change of use of existing standard residential properties to new ‘small HMOs’ in the two specific wards in one year’s time.

Earlier this year Lambeth council considered introducing an ‘immediate’ Article 4 Direction to cover the same two wards but then concluded that the potential financial liability to the council associated with an immediate change would be too high. So now it’s taking a different approach - seeking the power, which if granted would operate from August 2025. 

A statutory consultation process is now underway, until mid-October, with details on Lambeth’s consultation webpage.