For landlords and property developers in Bristol, understanding Permitted Development Rights is essential when it comes to converting a property into a House in Multiple Occupation (HMO) or making further improvements to an existing HMO. Bristol, like many other cities, has specific rules and guidelines, particularly with the introduction of Article 4 Directions, which impacts how and when these rights can be exercised. As these rules change and Article 4 directions expand across the city, it’s vital you stay on top of the rules to prevent you getting development or your business plans wrong. Talk to us at Front Door Lettings for help and advice on HMO management in Bristol.
Here we look at what Permitted Development Rights are, how they apply to HMOs in Bristol, and when you need to seek full planning permission. For clarity, this is correct as of October 2024.
What Are Permitted Development Rights?
Permitted Development Rights (PDRs) are a national grant of planning permission that allows certain types of building work or changes of use to be carried out without having to submit a formal planning application to the local council. These rights are intended to make smaller changes like extending a property or converting its use quicker and simpler. On your own home, this would cover things like loft conversions or smaller extensions out the back or side of your house.
For HMOs, these rights allow the conversion of a property from a single dwelling (Use Class C3) to a small HMO (Use Class C4), which accommodates between three and six unrelated occupants sharing facilities such as kitchens and bathrooms. This conversion can be done without needing to apply for planning permission in certain areas, unless restrictions such as Article 4 Directions are in place. For more information about Article 4 in Bristol please see this post
Permitted Development for HMOs in Bristol
Bristol is a city with high demand for rental properties, particularly HMOs, due to its large student population and the influx of young professionals. However, local regulations, especially the introduction of Article 4 Directions, have placed additional limits on the scope of Permitted Development Rights within the city.
Areas Where Permitted Development Rights Apply
In areas not covered by Article 4 Directions, landlords can convert a single dwelling house (C3) into a small HMO (C4) under Permitted Development Rights. This means that provided the conversion is for no more than six unrelated individuals, no formal planning application is needed.
- The HMO must house no more than six unrelated occupants.
- You are converting from Use Class C3 (single dwelling house) to Use Class C4 (small HMO).
- The property must comply with building regulations and HMO licensing standards, including safety and living conditions.
You’ll still need to apply for an additional license if the property will house five or more people with Bristol’s additional licensing rules now in force. While you don’t need planning permission under PDRs, failing to meet HMO licensing requirements could result in fines and legal action.
Article 4 Directions in Bristol
In some areas Article 4 Directions have been introduced to control the spread of HMOs and preserve the character of local communities. Article 4 removes the automatic right for landlords to convert properties from C3 to C4 under PDRs, meaning that you will need to apply for planning permission, even for smaller HMOs. We have a separate post about Article 4 here.
Areas covered by Article 4 in Bristol include:
- Clifton
- Redland
- Cotham
- Bishopston
- Ashley Down
In these neighborhoods, the council has introduced Article 4 Directions to limit the concentration of HMOs, particularly in areas where there has been concern about over-saturation and its impact on community life, such as increased noise, parking issues, and strain on local services. The key restrictions you’ll face are density of HMO’s within a 100m radius from your property and sandwiching other residences between 2 HMOs. Below is a map of a area in Cotham where 2 houses (inside the red box) are sandwiched between 2 HMO’s. This would have either been a legacy from pre-Article 4 or have gone to appeal and won against the council.
If you’re considering converting a property in one of these areas, you will need to go through the formal planning application process.
Types of Development Work Covered by Permitted Development Rights
While Permitted Development Rights can allow certain changes to your property without planning permission, it’s important to know the specific types of work you can carry out under these rights. Below are some common development works that landlords can use to improve their HMOs without needing full planning permission, as long as they adhere to the relevant guidelines.
Loft Conversions
If you’re looking to add extra bedrooms or living space to your HMO, a loft conversion is a popular option that can often be done under Permitted Development Rights.
Permitted Development Criteria for Loft Conversions:
- The maximum volume for a loft conversion is 40 cubic meters for terraced houses and 50 cubic meters for detached or semi-detached houses.
- The extension must not extend beyond the existing roof slope on the side facing the road.
- No part of the extension can exceed the height of the existing roof.
- Dormer windows are allowed but must be set back at least 20cm from the original roof eaves.
Keep in mind that even if you don’t need planning permission, the loft conversion must comply with building regulations, especially when it comes to fire safety, insulation, and structural integrity.
Rear Extensions
If you need more communal space or want to enlarge the kitchen or living area, you may also be able to extend your property under Permitted Development Rights. For single-storey rear extensions, you can typically expand the property without formal planning permission.
Permitted Development Criteria for Rear Extensions:
- For a terraced or semi-detached property, you can extend the rear of the property by up to 3 meters without needing planning permission.
- For detached properties, this limit increases to 4 meters.
- The extension must not exceed 4 meters in height.
- Materials used must be similar in appearance to the existing house.
- You cannot build an extension that exceeds 50% of the total land around the property.
Larger extensions may still be possible under a prior approval process, but you’ll need to apply to the council to confirm that your extension complies with all guidelines.
Internal Layout Changes
Permitted Development Rights often allow landlords to reconfigure the internal layout of the property without planning permission. This can be particularly useful for HMOs where adding or rearranging rooms can increase the property’s rental potential.
What’s Covered:
- Changing the internal layout (such as adding or moving partition walls) typically doesn’t require planning permission unless it impacts the external appearance or structure of the property.
- You can convert spaces such as dining rooms or living rooms into bedrooms, as long as the property still meets HMO licensing standards regarding room sizes and communal space.
When Planning Permission is Required
While Permitted Development Rights cover many minor works, there are situations where you will need to apply for full planning permission. Here are some examples:
- Article 4 Areas: As mentioned earlier, if you’re converting a property into an HMO in an Article 4 area, planning permission is required regardless of the size of the HMO.
- Larger HMOs (7+ occupants): If you are converting a property to house more than six unrelated tenants, this falls outside the C4 use class and is classified as Sui Generis. In this case, you will need to apply for planning permission.
- Two-Storey Extensions: While single-storey extensions often fall under Permitted Development, larger two-storey extensions will likely require planning permission, particularly if they affect the property’s external appearance or the privacy of neighboring homes.
- External Alterations: If you plan to significantly alter the exterior of the property—such as adding a balcony, changing the roof shape, or significantly modifying windows—you will generally need planning permission.
Why Planning Permission Is Needed in Some Cases
Bristol City Council has strict planning policies to maintain the character of its neighborhoods and prevent certain areas from becoming over-saturated with HMOs. Applying for planning permission allows the council to consider the impact your HMO will have on the local area, including:
- Impact on the Community: A high concentration of HMOs can lead to changes in the local community, such as increased noise, parking issues, and pressure on local amenities.
- Housing Mix: The council assesses whether the conversion of a property into an HMO will unbalance the housing mix in a particular area.
- Design and Layout: The council checks that any proposed changes meet design standards, such as room sizes, fire safety, and the provision of adequate facilities for tenants.
Understanding Permitted Development Rights is vital for landlords looking to convert or expand HMOs in Bristol. While these rights offer a streamlined process for certain types of property alterations, it’s important to be aware of when planning permission is required, particularly in Article 4 areas. By adhering to local planning policies and ensuring compliance with building regulations, landlords can successfully develop HMOs that meet both tenant needs and community standards.
If you’re unsure whether your plans fall under Permitted Development Rights or require planning permission, it’s always a good idea to seek advice from Bristol City Council or a planning consultant to ensure your project runs smoothly. Talk to us at Front Door Lettings, Bristols letting Agent.
If you’re looking for more advice on creating a HMO in Bristol please contact us for free advice.
