Permitted Development Rights for HMOs in Bristol: A Comprehensive Guide

Permitted Development Rights for HMOs in Bristol: A Comprehensive Guide

As the demand for rental properties continues to rise, many landlords and investors are looking to Houses in Multiple Occupation (HMOs) as a lucrative opportunity. However, understanding the regulatory landscape, particularly concerning Permitted Development Rights, is crucial for anyone considering converting a property into an HMO in Bristol. This blog post provides a detailed and accurate overview of Permitted Development Rights for HMOs in Bristol, as of August 2024, and explains how these rights interact with local planning policies, including the critical role of Article 4 Directions. As Bristol letting Agents, we have to ensure compliance on any properties we manage, including making sure properties are correctly registered and licenced.

What Are Permitted Development Rights?

Permitted Development Rights (PDRs) are a national grant of planning permission that allows certain building works and changes of use to be carried out without the need for a full planning application. These rights are intended to simplify the planning process for minor developments, helping property owners make changes quickly and cost-effectively.

For HMOs, Permitted Development Rights allow the conversion of a single dwelling house (Use Class C3) into a small HMO (Use Class C4), which accommodates between three and six unrelated individuals sharing facilities such as a kitchen and bathroom. This conversion can typically be done without the need for planning permission, provided the property is not located in an area where these rights have been restricted, such as under an Article 4 Direction.We have a whole post dedicated to A4 here.

Permitted Development Rights for HMOs in Bristol

In Bristol, the application of Permitted Development Rights for HMOs is nuanced due to the city’s implementation of Article 4 Directions. Understanding how these interact is crucial for landlords and developers.

Areas Without Article 4 Directions

In areas of Bristol not covered by Article 4 Directions, landlords can convert a single dwelling house into a small HMO (up to six occupants) under Permitted Development Rights. This means you can change the use of the property without needing to submit a full planning application. However, it’s important to ensure that:

1. Building and Safety Standards Are Met:

• Even though planning permission is not required, the property must still comply with building regulations and safety standards, including those related to fire safety, room sizes, and amenities.

1. HMO Licensing Requirements Are Fulfilled:

• Properties with five or more occupants will require an HMO license from Bristol City Council, regardless of whether planning permission is needed. This involves submitting an application, undergoing property inspections, and adhering to specific management standards.

1. Other Local Policies Are Considered:

• While PDRs allow the conversion, local policies on parking, waste management, and residential amenity must still be considered. Failure to adhere to these can result in enforcement action from the council.

Areas Covered by Article 4 Directions

Bristol City Council has implemented Article 4 Directions in several areas to manage the concentration of HMOs. These directions remove Permitted Development Rights for certain changes, meaning that planning permission is required to convert a property into an HMO, even if it falls within the C4 use class.

Key Areas with Article 4 Directions Include:

• Clifton
• Redland
• Cotham
• Bishopston
• Ashley Down

In these areas, landlords must apply for planning permission before converting a property into an HMO, regardless of the number of occupants (even if fewer than six). The council assesses these applications based on local planning policies, which may include considerations of housing mix, community impact, and the availability of services.

The Planning Application Process in Article 4 Areas

For properties in Article 4 areas, the planning application process involves several steps:

1. Pre-Application Advice:

• It is advisable to seek pre-application advice from Bristol City Council’s planning department. This service helps identify any potential issues early and provides guidance on how to address them in your application.

1. Submission of a Full Planning Application:

• Submit a detailed application that includes plans of the proposed HMO layout, information on the intended number of occupants, and how the property will meet HMO standards. The application should also address any potential impacts on the local area, such as parking, waste management, and noise. Including how you’ll manage the HMO is also beneficial, we offer a comprehensive HMO management service across Bristol.

1. Public Consultation:

• Once submitted, your application will go through a public consultation process. This allows local residents and other stakeholders to provide feedback on the proposal, which the council will consider when making its decision.

1. Decision:

• The council will make a decision based on local planning policies, feedback from the consultation process, and the specific details of your application. If the application is approved, you can proceed with the conversion, subject to any conditions set by the council.

1. Appeals Process:

• If your application is refused, you have the right to appeal the decision. The appeal is handled by the Planning Inspectorate, which will review the case and make a final decision.

Considerations for Larger HMOs (Sui Generis)

For properties intended to house more than six unrelated individuals, the use class changes from C4 (small HMO) to Sui Generis (a class of its own). In this case, Permitted Development Rights do not apply, and planning permission is required regardless of location.

Key Considerations for Sui Generis HMOs Include:

• Impact on the Local Community:
• Larger HMOs can have a more significant impact on local communities, particularly in terms of noise, parking, and demand on local services. The council will carefully consider these factors when reviewing applications.
• Enhanced Licensing Requirements:
• Larger HMOs may also have more stringent licensing requirements, including higher standards for fire safety, amenities, and property management.

Compliance and Best Practices

Even in areas where Permitted Development Rights allow for conversion without planning permission, it is essential to adhere to best practices and ensure compliance with all relevant regulations. This includes:

1. HMO Licensing:

• Ensure that you apply for the appropriate HMO license from Bristol City Council. This process includes submitting an application, passing property inspections, and adhering to management standards.

1. Building Regulations:

• Compliance with building regulations is mandatory. This includes meeting standards for structural integrity, fire safety, insulation, and energy efficiency.

1. Environmental Health Standards:

• Adhere to standards set by environmental health, particularly concerning overcrowding, ventilation, and waste management.

1. Community Engagement:

• Engaging with the local community before converting a property into an HMO can help address potential concerns and reduce opposition during the planning process.

Permitted Development Rights provide a valuable tool for landlords and developers looking to convert properties into HMOs in Bristol. However, understanding how these rights interact with local planning policies, particularly in areas with Article 4 Directions, is crucial for ensuring compliance and avoiding potential legal issues.

For properties outside of Article 4 areas, Permitted Development Rights offer a streamlined path to HMO conversion, provided that all building and safety regulations are met. In contrast, properties within Article 4 areas require careful navigation of the planning application process, with a focus on community impact and compliance with local policies.

Development Work Under Permitted Development Rights

In addition to converting a property into an HMO, Permitted Development Rights (PDRs) also allow certain types of building work to be carried out without the need for full planning permission. This can be particularly advantageous for landlords and developers looking to optimize a property’s layout and increase its rental potential. Here’s a closer look at some common types of development work that can be done under PDRs, such as loft conversions and extensions.

Loft Conversions

Maximizing Space:
Loft conversions are a popular way to add additional living space to a property without extending its footprint. For HMOs, this can mean adding extra bedrooms, which increases the property’s rental income potential. Under Permitted Development Rights, you can convert your loft space, provided you meet specific criteria.

Permitted Development Criteria:

• Volume Limit: The maximum volume allowed for a loft conversion under PDRs is 40 cubic meters for terraced houses and 50 cubic meters for detached and semi-detached houses. This volume includes any previous additions to the roof space.
• No Extension Beyond the Roof Plane: The conversion must not extend beyond the plane of the existing roof slope on the principal elevation that faces the highway.
• Height Restrictions: The conversion must not raise the height of the existing roof. Any dormer windows or other roof alterations must be set back at least 20cm from the original eaves.
• No Balcony or Raised Platform: Installing a balcony, veranda, or raised platform as part of the loft conversion is not permitted under PDRs.

Building Regulations:
Even though planning permission may not be required, loft conversions must comply with building regulations. This includes ensuring the structural integrity of the roof, installing adequate insulation, and adhering to fire safety requirements, such as providing a safe escape route in case of fire.

Single-Storey Extensions

Expanding Living Space:
Single-storey extensions can significantly enhance the functionality of an HMO by providing additional communal spaces, such as larger kitchens or living areas, or by adding extra bedrooms. Under PDRs, certain single-storey rear and side extensions can be built without planning permission, provided they meet specific criteria.

Permitted Development Criteria:

• Size Limit: For rear extensions, the extension can extend up to 3 meters from the original rear wall for terraced or semi-detached houses, and up to 4 meters for detached houses. For side extensions, the width of the extension must not be greater than half the width of the original house.
• Height Restrictions: The height of the extension must not exceed 4 meters, and the eaves must not be higher than the existing house’s eaves.
• Materials: The materials used for the extension must match the existing house. This helps ensure that the extension is in keeping with the character of the original property.
• No Extensions Beyond Principal Elevation: The extension must not extend beyond the principal elevation of the house or the side elevation facing a highway.

Prior Approval:
For larger single-storey rear extensions (up to 6 meters for terraced or semi-detached houses, and up to 8 meters for detached houses), you may need to submit a prior approval application to the local council. This process involves notifying the council and your neighbors about the proposed extension, allowing them to raise any objections.

Two-Storey Extensions

Creating Additional Bedrooms:
Two-storey extensions can be particularly useful for adding more bedrooms to an HMO, thereby increasing the number of tenants you can accommodate. Under PDRs, two-storey extensions are allowed with some restrictions.

Permitted Development Criteria:

• Size Limit: The extension can extend up to 3 meters from the original rear wall of the house. However, it must not be closer than 7 meters to the rear boundary of the property.
• Height Restrictions: The extension must not be higher than the highest part of the existing roof, and the eaves must not exceed the height of the existing eaves.
• No Overlooking: The extension must not include any windows on the side elevation unless they are obscured glazed and non-opening (below 1.7 meters above the floor level).

Building Regulations:
As with loft conversions and single-storey extensions, two-storey extensions must comply with building regulations. This includes considerations for structural stability, fire safety, insulation, and energy efficiency.

Considerations and Best Practices

Impact on Neighbors:
Even if your development work falls within Permitted Development Rights, it’s essential to consider the impact on your neighbors. Significant alterations to your property can affect their light, privacy, and views. Engaging with your neighbors early in the process and addressing any concerns can help prevent disputes.

Design and Aesthetics:
While PDRs provide the flexibility to make certain changes without planning permission, it’s important to ensure that any alterations or extensions are in keeping with the character of the existing property. This is especially important in conservation areas or for listed buildings, where additional restrictions may apply.

Documentation and Compliance:
Keep detailed records of all work carried out under Permitted Development Rights. This includes drawings, specifications, and any correspondence with the local council. Having a clear record of compliance with PDRs can be valuable if you decide to sell the property or if there is ever a question about the legality of the work.

Conclusion

Permitted Development Rights offer significant opportunities for landlords and developers to enhance and expand HMO properties in Bristol. Whether through loft conversions, single-storey, or two-storey extensions, these rights allow for valuable improvements that can increase rental income and tenant satisfaction without the need for full planning permission.

However, while PDRs simplify the process, it’s crucial to ensure that all development work complies with the specific criteria set out by Bristol City Council and adheres to building regulations. By carefully planning and executing these improvements, you can maximize the potential of your HMO while maintaining good relationships with neighbours and the local community.

---