Durham County Council has confirmed a non-immediate Article 4 Direction across County Durham, removing permitted development rights that currently allow the conversion of dwelling houses (Use Class C3) into small Houses in Multiple Occupation (HMOs, Use Class C4) for 3–6 residents. The Direction will come into force on 17 August 2026, requiring planning permission for all new HMO conversions from that date onward.
This blog explains what this means for landlords, property owners, and developers, how it fits into the broader national planning framework, and why early action is essential to secure lawful HMO status.
What Is the Countywide Article 4 Direction?
The Article 4 Direction is a planning measure designed to remove permitted development rights for small HMOs, giving the Council full control over the conversion of homes into 3–6 bed HMOs. take a look at out blog What is an Article 4 Direction? A Homeowners Guide for further information.
Previously in Co. Durham, this measure applied only in areas with high concentrations of student accommodation, including:
- Framwellgate
- Moor
- Pity Me
- Newton Hall
- Mount Oswald
- Carrville
- Belmont, and
- Durham City
From 17 August 2026, the Direction will cover the entire remainder of County Durham, ensuring consistent regulation of HMOs across the county.
Implications for Landlords and HMO Owners
1. Planning Permission Required for All New HMOs
Once the Article 4 Direction is in effect, converting a dwelling into a small HMO will require a full planning application, this will include properties that previously benefited from permitted development rights.
2. Establish Lawful Use for Existing HMOs
HMO owners are advised to confirm the lawful status of existing properties before the Direction takes effect. Applying for a Lawful Development Certificate (LDC) provides official confirmation that the HMO use is legitimate, helping to avoid disputes or delays in selling your property after August 2026. Our blogs HMO’s & Certificate of Lawful Development and 10 Steps to securing a certificate of lawfulness for your HMO will help you.
3. Review Planned HMO Projects
Developers and investors should carefully review any HMO conversions planned for the future. Properties converted before 17 August 2026 may benefit from existing permitted development rights if the use is established and evidenced properly.
National Context: Permitted Development Rights and the Political Landscape
The County Durham Article 4 Direction sits within a broader national debate about permitted development rights for HMOs:
- Permitted Development Rights (PDR) were introduced nationally to encourage housing supply, particularly smaller HMOs, without requiring planning applications.
- Across the UK, there is growing political scrutiny of HMOs due to local concerns about overconcentration, noise, and impact on family housing.
- Local councils, including Durham, are increasingly using Article 4 Directions to regain control over HMO development, balancing housing supply with community amenity.
HMO accommodation can be controversial at the local level. While some opposition is based on legitimate planning and amenity concerns, others may reflect broader perceptions about students or shared housing. As a planning consultant, it is essential to understand local sentiment and address it professionally in applications, and management plans.
Steps HMO Owners Should Take Now
To avoid future planning complications, landlords and developers should act early:
1. Confirm Lawful HMO Use
Apply for a Lawful Development Certificate if your property is already an HMO.
2. Engage with Planning Consultants
Professional advice ensures pre-application strategy, evidence collection, and compliance with local planning policies.
3. Review Investment Plans
Consider the impact of Article 4 on property values, rental potential, and development opportunities.
Acting now is crucial to ensure compliance and avoid costly delays once the Direction comes into force on 17 August 2026.
Related Content
Our Practical Guide Houses in Multiple Occupation (HMOs) is available if you are considered a HMO development.
As well as a Practical Guide for HMO’s we also have one on Certificate of Lawfulness for existing uses or development (CLEUD) and one covering Certificate of Lawfulness for a proposed use or development (CLOPUD).
More information for you is available in our series of eBooks and Practical Guides which cover everything from the very basics of town planning to application processes and what developers need to consider. And if you’re not sure if you need help from a Town Planner take a look at blog on When to Hire a Town Planner our download a Guide on How to Choose a Town Planner.
