The Government has finally acted to clarify the planning status of dwelling houses, shared houses and houses in multiple occupation which has been unclear for several years resulting in many disputes between owners and Councils as to the planning status of many larger properties let to sharers, either living communally or separately but sharing facilities such as communal kitchens and bathrooms.

From April 2010 the Government has amended the Use Classes to separate Class 3 ‘Dwelling houses’ and Class 4 ‘Houses in Multiple Occupation (3 – 6 persons)’. Class 3 remains unaltered in relation to occupation by families, supported housing schemes where occupiers live as a single household and up to six persons living as a single household such as an owner/occupier who has a lodger and small religious communities.

Class 4 ‘Houses in Multiple Occupation’ now includes small groups of bed-sits and small shared dwelling houses occupied by between 3 and 6 unrelated individuals sharing basic amenities. The property must be the main form of residence and includes migrant and asylum seekers shared accommodation and student houses where they are not managed by an education establishment.

The Order places all residential properties within either Class 3 or Class 4 as of 6 th April 2010.

The April 2010 Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2010 which also came into force in April 2010 gives permitted development rights to change from a Class 4 category to a Class 3 without the need to obtain formal planning permission first.

Larger houses in multiple occupation, such as those with more than 6 occupiers, remain unclassified in the Use Classes Order and continue to require planning permission. The need for planning permission remains unclear if a property becomes occupied by more than 6 persons. The accompanying Circular to the Use Classes Order advises that even if this upper limit is exceeded it does not necessarily constitute a breach of planning control. This is only considered to have occurred where the use has intensified so as change the character beyond that of a single household.

This may have significance for owners and particularly ‘buy to let’ owners when re-mortgaging a property and/or its sale is concerned. It is expected that the mortgage industry will increasingly expect to see confirmation of the Use Class of each property presented to them. Similarly the trigger date of 6 th April 2010 will inevitably result in Planning Authorities requiring evidence to be presented to show how a property was occupied prior to and following that date. One means of securing formal confirmation in this area is to obtain a Certificate of Lawfulness which establishes the use of, or proposed use of, the property. Such a Certificate provides security to both the owner and the mortgage lender as to the lawful use of the property.

Brian Barber Associates has planning consultants with expertise in issues concerning houses in multiple occupation and would be pleased to discuss your particular needs with you and to provide you with an independent assessment of your current use in addition to acting on your behalf to obtain a Certificate of Lawfulness.

Please do not hesitate to contact any member of our team who will be pleased to discuss your requirements with you.