Article 4 direction for Houses in Multiple Occupation
Reigate & Banstead Borough Council has put in place an Article 4 direction to remove permitted development rights allowing a conversion of a dwellinghouse (Use Class C3) to a small House in Multiple Occupation (HMO) (Use Class C4).
The direction will come into force on 30 July 2027.
What is an HMO?
The simplest description of an HMO is a property rented out by at least 3 people who are from 2 or more households but share facilities like the bathroom and kitchen. It’s often called a ‘house share’ or ‘bed-sit’. There are other forms of accommodation which fall under the definition of an HMO. For more information on the definition of an HMO please see the helpful guide on our Environmental Health webpages or on Shelter’s website.
The confirmed Article 4 direction will apply to Use Class C4 HMOs (often referred to as small HMOs). Use Class C4 is defined as the use of a dwellinghouse by not more than 6 residents as a “house in multiple occupation”. HMOs with 3, 4, 5 or 6 residents fall into Class C4.
HMOs with 7 or more residents (often referred to as large HMOs) are a ‘sui generis’ use. Conversions to these large HMOs already require planning permission.
Why has the Council made the Article 4 direction?
The broad intention of the Article 4 direction is to enable the Council to have greater control over the location and design of HMOs. It is not the intention to prevent them entirely as they play an important role in the provision of low-cost accommodation. However, the evidence shows increasing numbers of HMOs and HMO-related complaints. We also want to ensure that Reigate & Banstead is not left without appropriate safeguards, particularly as neighbouring authorities have introduced Article 4 directions to manage HMO pressures.
What is an Article 4 direction?
An Article 4 direction is a part of planning legislation that allows permitted development rights to be withdrawn. An Article 4 direction does not stop development, but instead requires that a full planning application is made. The full planning application process allows the Council to engage planning polices, helping to drive improved accommodation standards and protect the local amenity and well-being of communities.
What are permitted development rights, and which ones will be withdrawn?
Permitted development rights are a national grant of planning permission which allow certain works and change of use to be carried out without having to make a full planning application. The Town and Country Planning (General Permitted Development) Order 2015 (as amended) (known as the GPDO) contains many forms of permitted development rights. The rights being withdrawn are:
Class L(b) of Part 3 of Schedule 2 of the GPDO: change of use of a building from a use falling within Class C3 (dwelling houses) of the Schedule of the Town and Country Planning (Use Classes) Order 1987 (as amended), to a use falling within Class C4 (houses in multiple occupation) of that Schedule.
The withdrawal of these permitted development rights will mean that conversions to small HMOs (3, 4, 5 and 6-person) will need to apply for planning permission.
Where will the Article 4 direction apply?
The Article 4 direction will apply across the whole area of the Reigate & Banstead borough.
The direction and plan
When will the direction come into force?
30 July 2027 - one year after notification. This type of Article 4 direction is referred to as ‘without immediate effect’ and allows for a 12-month notification period.
Has there been a public consultation?
On the 30 July 2026, notification of the proposed direction was made. A public consultation period ran from 30 July to 24 September 2026. The Council has taken into account the representations received during the consultation period and made the decision to confirm the direction. The direction was confirmed by the Council on the 29 October 2026. By confirming the direction, this completes the legal process and allows the direction to come into force on the planned date of 30 July 2027. However, the Secretary of State for Housing, Communities and Local Government could intervene to modify or cancel the direction at any time.
How will residents, businesses and landowners know that the direction has been confirmed?
Shortly after the confirmation on the 29 October 2026, physical yellow site notices will be displayed in strategic locations across the borough for a minimum of 6 weeks. An advertisement will be published in the Surrey Mirror local newspaper on 5 November 2026. These are the notification requirements for confirming the direction, which are set out in the legislation.
The Council will also publicise the confirmation on its social media channels and in its e-newsletter ‘Borough e-news’, and via a news release to local media.
Evidence to support the Article 4 direction
- Evidence to support an Article 4 Direction for Houses in Multiple Occupation 23 July 2026 (PDF)
- The proposal to make the direction was presented to The Planning Committee on 23 July 2026. View the full 23 July committee report (ModernGov).
- The decision to confirm the direction was presented to The Planning Committee on 28 October 2026. View the full 28 October committee report (ModernGov). Please note, this report includes an appendix containing a summary of representations received by email or post during the consultation period and officer responses.
Who can I contact for more information?
Please email the Planning Policy Team at planning.policy@reigate-banstead.gov.uk.
To request any of the Article 4 direction information in an alternative format please email the Planning Policy Team at planning.policy@reigate-banstead.gov.uk or call 01737 276 178 or send an SMS text to 07834 626 468 if you are deaf or hard of hearing.