New HMO planning restrictions have been approved in Ealing – but when do they start?

Friday, October 25th, 2024 - London Borough of Ealing

At Planning Committee on 4 September 2024, Ealing Council approved two HMO Article 4 Directions covering most of the borough. 

The effect of an HMO Article 4 Direction is to remove permitted development rights to convert a single family home (use class C3) into a House in Multiple Occupation (HMO) with 3 to 6 occupants (use class C4). This is completely separate from property licensing.

From the date an HMO Article 4 Direction comes into force, planning permission is required for any material change of use from use class C3 to C4. 

Non-immediate HMO Article 4 Direction

Ealing Council has approved the making of a non-immediate HMO Article 4 Direction which will apply to most of the borough. We understand the only excluded areas will be Perivale ward and the part of Ealing that fall within the Old Oak and Park Royal Development Corporation (OPDC) area.

The council will consult on the proposal and invite representations before deciding whether to confirm the Direction. We understand the consultation will be for at least 21 days, although it is unknown when it will start. Subject to confirmation, the Direction could come into force in late 2025.

Immediate HMO Article 4 Direction

Ealing Council is taking more immediate action to restrict new HMO developments in the Perivale ward. They have decided to impose an immediate HMO Article 4 Direction which comes into force as soon as it is made and before any consultation has taken place.

This will be of particular concern to any landlords currently converting properties to HMO use in Perivale ward. It potentially means developments will be halted whilst developers seek planning permission for what was permitted development when the builders started work on site. If planning permission is refused, the council may be required to pay compensation.

Ealing Council have said the Direction will take effect immediately across all of Perivale ward once site notices and statutory notices have been published. They say this course of action reflects concerns raised by residents in the Medway Village area of Perivale, which has seen growth in the number of HMOs in recent years.

As of 25 October 2024, we cannot find the immediate HMO Article 4 Direction on the council’s website. Ealing Council have been asked to confirm the start date, but provided no reply by the time this article was published.

The importance of HMOs

The decision to implement these planning restrictions on new HMOs is not a complete ban, although it is another hurdle that must be come before letting this type of accommodation.

Ealing Council have acknowledged that small HMOs are often occupied by single people and offer essential, low-cost housing, often for students, young professionals, and those seeking temporary accommodation. They play a key role in providing affordable housing options, helping to meet the needs of a growing population in the face of a limited housing supply.

Ealing Council also accept that many HMOs offer good quality, low-cost housing, but the borough faces challenges with poorly managed HMOs. When not properly managed, HMOs can provide unsuitable accommodation and negatively affect the community around them.

Although these changes will stop the unchecked rising number of HMOs, the council have said they are committed to ensuring that good examples of this important, low-cost form of accommodation will remain available where needed.

Councillor Peter Mason, Ealing’s Council Leader commented: 

“This decision shows that we are listening to the needs and concerns of our communities. Over the past 3 years, we have seen a rise in the number of complaints from residents in relation to poorly managed HMOs, which matches the increase of the conversion of family homes into HMOs. As well as concerns about noise and waste, we know that in some cases residents have been made to feel less safe in their community. We have been working closely with the police to tackle anti-social behaviour in affected areas. This new directive is another tool to help us create safer neighbourhoods in all of our communities.”

Councillor Shital Manro, Ealing’s Cabinet Member for Good Growth and New Housing, said: 

“The private rented sector is a vital part of the local housing market, and the vast majority of landlords are decent and law abiding. But with a small minority of less scrupulous landlords, and local demand for housing growing all the time, it’s more important than ever that we support landlords to deliver better quality homes for their tenants. Better control of the small HMO market will enable us to foster safer, more harmonious neighbourhoods, while preserving low-cost housing options.”

A free guide containing more information about property licensing and HMO planning restriction in the London Borough of Ealing is available here.

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