Planning House are delighted to share that we’ve successfully secured approval of a Certificate of Lawfulness for an existing House in Multiple Occupation (HMO) in Durham.
The Background
Our client needed confirmation that their property, a C4 House in Multiple Occupation (HMO) used as student accommodation, was lawful. This was essential because an Article 4 Direction had come into force in the area after the property had already begun operating as an HMO.
For context, an Article 4 Direction can be introduced by a Local Planning Authority to restrict certain types of development that would usually be considered permitted development. In Durham, the Direction specifically removed the automatic right to convert a C3 residential dwelling (single household) into a C4 HMO (shared by between 3 to 6 people) without planning permission.
The reason for this is simple: Durham has a high concentration of students, and the Council sought to protect family housing stock by limiting new HMOs. This approach mirrors many other university cities across the UK.
Our Approach
To demonstrate that the HMO was lawful, Planning House prepared a robust application supported by strong evidence. Our case was twofold:
-
Permitted Development Rights – The change of use from C3 to C4 had occurred before the Article 4 Direction came into effect, meaning the property’s HMO use was lawful and immune from enforcement.
-
10-Year Rule – We also provided evidence that the property had operated as an HMO for over 10 years, which independently qualifies it for a lawful development certificate.
The Outcome
Durham County Council carefully reviewed the application and concluded that, on the balance of probabilities, the property’s use as a C4 HMO was lawful. As a result, they issued a Certificate of Lawful Development.
We’d like to thank the planning officer involved for their support, and most importantly — congratulations to our client!
Related Content:
If you’d like to learn more about HMOs and planning law, take a look at our free resources:
- Practical Guide to Houses in Multiple Occupation (HMOs)
- Guide to Certificate of Lawful Proposed Use or Development (CLPUD)
- Guide to Certificate of Lawful Existing Use or Development (CLEUD)
- HMOs & Certificates of Lawful Development
- Understanding the Certificate of Lawfulness Development
And if you’re unsure whether you need professional planning advice, check out our blog on When to Hire a Town Planner or download our free guide on How to Choose a Town Planner.
Need tailored advice? Contact us for a free initial consultation today.
