Planning regulations set out the use classes within which different types of land uses fall.
Historically in Salford the change of use of a typical dwellinghouse occupied by a single household in use class C3, to a property used as a ‘small’ HMO that is shared by between three and six unrelated people in use class C4, could have been done without the need for planning permission under ‘permitted development rights’.
However, as a result of two separate article 4 directions, from 17 November 2024 the only areas of the city where the change of use of dwellinghouses to small HMOs remains permitted development will be the wards of Boothstown and Ellenbrook, Cadishead and Lower Irlam, and Higher Irlam and Peel Green. A map can be downloaded below, showing the combined extent of the 2024 Article 4 Direction and also that covered by the direction that came into force in 2018. Further details are set out below.
An article 4 direction relating to small HMOs came into force in parts of Salford on 25 November 2018. Full details relating to the 2018 article 4 direction are available.
On Tuesday 10 October 2023 the city council decided that there is a need for an additional (new) small HMO article 4 direction to cover further areas of the city. This would supplement the 2018 article 4 direction. It would apply to the following areas from 17 November 2024 and mean that planning permission would be required for the change of dwellinghouses to new small HMOs:
Consultation on the city council's decision and the evidence for the introduction of the additional article 4 direction ran from 17 November 2023 to 5 January 2024. The evidence document can be downloaded below.
Consultee comments and the city council’s response to them are set out in a report that was considered by the City Mayor and his Cabinet on 11 June 2024. It was decided at the meeting that the Article 4 Direction should be confirmed. The direction was signed and sealed on 9 July 2024. A copy of the confirmed direction, notice of the confirmation, and a map showing the area to which it applies can be downloaded below.
As a result of the decision to confirm the direction, planning permission will be required for the change of use of dwellinghouses to small HMOs in the areas listed above from 17 November 2024. A map showing these areas can be downloaded below.
Prior to 17 November 2024 the change of use of dwellinghouses to small HMOs in the areas impacted will remain permitted development (i.e. there is no need for planning permission). Any works to change the use of dwellinghouses to small HMOs which started before 17 November 2024 can continue without the need for planning permission where this is consistent with paragraph 046 of the government’s planning practice guidance.
Any properties that are already small HMOs would not be impacted by the 2024 article 4 direction.
Planning applications for the change of use of a dwellinghouse to a small HMO will be determined having regard to planning policies and other material planning considerations. Completely separate to planning regulations, where a property is used as a house in multiple occupation it will require a licence. If the HMO has five or more occupants that form two or more households, the landlord must obtain a mandatory HMO licence. From 19 July 2021, if the HMO has three or four tenants that form two or more households, the landlord must obtain an additional HMO Licence from the council.
In some areas of the city a licence will be required for rented properties irrespective of the number of occupants or number of households within it. This is known as selective licensing.
If you are unable to view documents of these types, our downloads page provides links to viewing software.
This page was last updated on 10 July 2024