Article 4 direction for Houses in Multiple Occupation
Reigate & Banstead Borough Council is proposing to 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).
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 proposed Article 4 direction would 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 is the Council making 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An Article 4 direction is a part of planning legislation that allows permitted development rights to be withdrawn.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What are permitted development rights, and which ones would be withdrawn?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.
Withdrawing these permitted development rights would mean that conversions to small HMOs (3, 4, 5 and 6-person) would need to apply for planning permission.
Where would the Article 4 direction apply?
The Article 4 direction would apply across the whole area of the Reigate & Banstead borough.
The direction and plan
When would 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 would allow the 12-month notification period. On the 30 July 2026, notification of the proposed direction was made.
This has been done by displaying physical yellow site notices in strategic locations across the borough and by an advertisement published in the Surrey Mirror local newspaper and its online public notice portal. The Council is also sharing information on its social media channels and in its e-newsletter ‘Borough e-news’, and via a news release to local media.
How do I comment on the proposal?
Anyone who wishes to make a representation is invited to do so during the 8-week consultation period. This consultation will run from 30 July to 24 September 2026. To have your say, share your comments by email to planning.policy@reigate-banstead.gov.uk or in writing to: Planning Policy, Town Hall, Castlefield Road, Reigate, Surrey, RH2 0SH. Please note comments made on social media will not be considered as an official representation.
What happens at the end of the consultation period?
The Council will take into account any official representations received during the consultation period to decide whether to confirm the direction. Subject to reviewing representations and any intervention by the Secretary of State for Housing, Communities and Local Government, the direction would then be confirmed. Notice would be publicly served again using site notices and a newspaper advertisement. The direction would come into force on 30 July 2027.
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).
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.