Birmingham will require planning permission for small HMOs

A citywide direction on houses in multiple occupation is being introduced by Birmingham City Council from June 2020, giving the council greater control over the conversion of residential properties in the city.

The Article 4 direction will mean that planning approval is required for the conversion of a family house to an HMO accommodating between three and six people. Current planning rules only require planning approval for properties larger than this.

This will mean that the location and concentrations of HMOs can be more comprehensively managed across the city. It follows similar decisions by councils in Manchester and Lewisham in south east London.

The direction will be supported by a proposed new planning policy set out within the ‘Development Management in Birmingham’ document, which is subject to a six-week public consultation period from 9 January 2020.

An existing direction for this purpose is already in force in the Selly Oak, Harborne and Edgbaston areas of the city and has been successful in limiting the growth of HMOs in those areas.

Ahead of the direction coming into force, landlords are being advised to declare existing HMOs to the council. Any existing HMOs declared after that date are likely to require a retrospective planning application or a certificate of lawful use, both of which will incur a charge. New HMOs created after 8 June 2020 will require a planning application.

Councillor Sharon Thompson, the cabinet member for Homes and Neighbourhoods, said: “Shared accommodation or houses in multiple occupation provide an important way of meeting the city’s housing needs. However, high concentrations of HMOs can have a negative impact on the character of neighbourhoods and create unbalanced communities.

“This direction will enable the council to manage the growth of HMOs across the city more effectively as any new proposals will be assessed in line with planning policies.”

However, the Residential Landlords’ Association opposed the move. Its policy manager John Stewart warned that the citywide restriction could deter future property investment in the city.

“HMOs offer affordable housing. It may be good for landlords with an existing HMO in the area, giving them a premium when they look to sell, but it will deter investment,” said Mr Stewart.

“The council’s policies are generally written to discourage permissions. Landlords must either speculate hoping to win permission later down the line or not invest. Plus, you’re potentially putting up a red flag for people who are looking to buy in the area. An Article 4 Direction is a usually a sign the council has missed the boat and there are lots of HMOs in a place already,” he added.

By Patrick Mooney, Editor