Before you buy
We check whether the property sits inside the Article 4 area, look at the shared housing already nearby and give you a view of your prospects. It is a modest piece of work that can save you from committing to the wrong house.
Planning · Derby
HMO planning permission in Derby
If you are thinking of letting a house in Derby to several people who are not related, it helps to know early whether you need planning permission. In parts of the city you do, because an Article 4 direction brings the change from a family home to a small house in multiple occupation, or HMO, under planning control.
If you already let a house that way, or you are about to buy one, we can check the address against the direction and explain what an application would involve. You can then make your decision knowing what lies ahead.
Key contact
Richard Pigott
Managing Director – Chartered Town Planner
How we can help
HMO applications, from first check to decision
Whether you are still choosing a property or already holding a decision, we are glad to help at any stage. The sooner we see your plans, the more choices you are likely to have.
Preparing your application
We prepare the layout drawings and a planning statement that deals carefully with the matters the Council will look at, from the mix of housing in the street to room sizes and storage. You will see and agree everything before it goes in.
Finding a way through
If the case officer has concerns, there is often a version of the scheme that works, perhaps with fewer bedrooms or a revised layout. We will talk the options through with you, so you can adjust your plans before a decision is made.
Appeals and enforcement
If the Council has refused your application or served an enforcement notice about a conversion, our planners can take the case on and explain the options open to you. You keep the same team from start to finish.
How we work with you
What an HMO application involves
Taken in the right order, your HMO application should be straightforward, and we will explain that order before you commit to anything. Here’s what’s typically needed:
Step 1
Checking the address
We check whether the property is inside the Article 4 area and confirm its lawful use, which tells you whether an application is needed at all.
Step 2
Looking at the street
We look at the shared housing already nearby and how the Council approaches it, and tell you frankly how your application is likely to be received.
Step 3
Designing the layout
We plan the rooms, shared facilities, bin and cycle storage and parking so that the scheme meets the standards the Council expects from the outset.
Step 4
Submitting your application
We submit the application with a planning statement that answers the likely concerns before they are raised.
Step 5
Seeing it through
We keep in contact with the case officer, respond to objections or requests for changes, and talk you through an appeal if one is needed.
Local context
Planning in Derby
If you are buying a house to let as an HMO, converting one you already own, or putting right a conversion that went ahead without permission, we can help you at each of those points. Our planners look at the property, the street around it and the Council’s approach to shared housing, and tell you clearly where you stand.
In Derby, much of that work turns on the Article 4 direction. Inside the area it covers, changing a family home into a small HMO needs planning permission. The Council will consider how your proposal affects the mix of housing in the street, and how it will feel to live in the house and next door to it. Outside the area, the same change may not need an application at all, which is why the address is always the first thing we check.
When an application is needed, we give as much care to the layout as to the planning argument. Rooms, kitchens and bathrooms that suit the number of people sharing, sensible space for bins and bikes, and a clear answer on parking all help a scheme feel well considered. We would much rather resolve those points in the drawings than debate them after a refusal.
We also help owners whose conversions have been questioned, whether through a refused application or an enforcement notice. Because our planners handle appeals and enforcement in house, you keep the same people from the first address check to the final decision, and you will not have to explain your situation twice.
The Article 4 area
Whether your conversion needs permission depends on exactly where the property is, because the direction covers parts of Derby rather than the whole city. We check the address against the direction first, which settles the question before you spend anything on drawings.
Shared houses nearby
Where a street already has a number of HMOs, the Council is likely to weigh the effect of another on the balance of the neighbourhood. We look at the existing picture around your property early, so you know how strong your case is before you commit.
Space, parking and storage
The layout needs to work for the number of people sharing, with rooms of a suitable size, enough kitchen and bathroom space, and sensible arrangements for parking, bins and bikes. We design those in from the start, which gives your application a much firmer footing.
RIBA
RTPI
IHBC
ARB
Common questions
HMO planning in Derby, your questions answered
Do I need planning permission to turn a house into an HMO in Derby?
That depends on where the house is and how many people will live there. Inside the Article 4 area, changing a family home into a small HMO, shared by three to six people who are not related, needs planning permission. Outside it, the same change may not need an application. A larger HMO for seven or more people needs planning permission wherever it is. If you send us the address, we will confirm which applies to yours.
Is an HMO licence the same as planning permission?
The two are separate, and holding one does not give you the other. A licence comes under housing law and deals with safety and management, while planning permission deals with how the building is used. We look after the planning side and can help you see where the two meet.
Why are HMO applications refused?
The concerns raised most often are the number of shared houses already nearby, rooms or facilities that do not suit the number of people living there, and the arrangements for parking and bins. Most of these can be resolved at the design stage, which is why we look at them with you before your application goes in.
I have already converted without permission. What can I do?
You have more than one possible route, and which suits you best depends on the history of the property. A retrospective application may be the answer, or a certificate of lawfulness if the use has been established long enough, and occasionally returning the house to a family home is the sensible choice. It helps to talk to us early, so you have time to gather the evidence your case will need.
How long does an HMO application take?
The statutory determination period is eight weeks, counted from the day your application is validated. A complete submission with clear drawings and a well-argued statement gives yours the best chance of being decided within that time, and we will talk you through a realistic timetable when we first speak.
What if my property is outside the Article 4 area?
Outside the area, a change to a small HMO may be possible without an application. We can confirm that for your property and help you apply for a certificate of lawfulness if you would like that certainty. A larger HMO will still need planning permission, and we can prepare that application for you.
Wider coverage
Nearby areas we cover
Find us
Our nearest office
Planning & Design Practice — Derby (Head Office)
3 Woburn House, Vernon Gate, Derby, DE1 1UL
Derby, Derbyshire and the East Midlands
Planning authorities
Get started
Would you like us to check an address?
Is there a house you are thinking of buying, or one you already let and want to be sure about? If you send the address over, we will tell you whether it falls inside the Article 4 area and what an application would involve. That first check is free.