The Town & Country Planning Order 2010 came into force on 6 April 2010 in England with minimal publicity even though it could have wide-ranging implications for private landlords of residential properties.
The legislation introduces the possibility that a landlord may require planning permission to let out a property as “a house in multiple occupation” (currently, landlords need a House in Multiple Occupation licence for the property from the local authority which can be obtained with minimal difficulty).
The essential change brought into effect by this legislation is to amend planning class C3. Prior to this legislation, class C3 included all houses occupied by up to 6 persons not living together as a household. Class C3 has now been divided into 3 sub-classes as follows:
- Class C3(a) – This is where a house is occupied by a single person or by people to be regarded as forming a single household. In this situation, there is no limit to the number of people who can occupy the house.
- Class C3(b) – This is where 6 residents are living together as a single household where care is provided for the residents. In this situation, the occupancy must not exceed 6 people as otherwise planning permission will be required.
- Class C3(c) – This is where not more than 6 residents are living together as a single household where no care is provided to the residents.
- Class C4 defines a ‘house in multiple occupation’ as a dwelling house used by not more than 6 residents. Houses in multiple occupation are generally those occupied by between 3 and 6 people who share basic amenities (for example, a kitchen or bathroom(s)). This would include bed-sit properties.
The essential change introduced by the legislation is that planning permission is not required for a change of use from class 4 to class 3. However, planning permission will be required for a change from class 3 to class 4.
I would also strongly recommend that landlords inform their insurers of any change of use or letting of property as houses in multiple occupation so as not to invalidate their buildings insurance policy. The consequences of an invalid buildings insurance policy can of course be dire in the event of damage by, what would otherwise have been, an insured risk.
This legislation is likely to have an impact on many private landlords, who may be unaware of these changes. If you’re concerned about how these changes might affect you, contact Ruhel Alom of Adams Solicitors on 0207 790 2000 or by email (ralom@adamslaw.co.uk) for advice today.
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