Article 4 Directions

An Article 4 Direction is a legal mechanism used by local authorities to remove specified permitted development rights. This means that planning permission will now be needed for conversion of all properties into Houses in Multiple Occupation (HMO) where this constitutes a material change of use. 

An immediate Article 4 Direction is used by an authority when it considers the development to which the direction relates would be prejudicial to the proper planning of the area or constitutes a threat to the amenities of the area. An immediate Article 4 Direction comes into force prior to a public consultation. However, consultation is still required and comments must be considered prior to confirming the Direction within 6 months from when it comes into force.  

It is important to note that the Article 4 Direction does not mean that planning permission will not be granted for HMOs and does not apply retrospectively to existing small HMOs. Therefore the immediate Article 4 Direction will not have the effect of preventing all conversions of dwellings to HMOs.

The Article 4 Direction came into effect on 16 July 2026. Therefore, conversions from a dwelling to a small HMO now require planning permission.  Any conversions which took place prior to the date the Article 4 Direction was introduced will not retrospectively require planning permission and can continue to operate. 

The Article 4 Direction applies to the entire Borough of Bury.

If you are a landlord of an existing HMO of up to six residents which was converted from a dwelling using permitted development rights prior to the date the Article 4 Direction was introduced, you will not be affected by this decision. An Article 4 Direction does not apply retrospectively.

Owners of small HMOs created prior to the introduction of the Article 4 Direction on 16 July 2026 may apply for a Lawful Development Certificate to confirm that the HMO use is lawful and did not require planning permission. You will need to submit evidence to support your application. Please see https://www.gov.uk/guidance/lawful-development-certificates for guidance.

Larger HMOs (with 7 or more inhabitants) or changes of use to HMOs from other uses already require planning permission and will continue to do so once the Article 4 Direction takes effect.  

If you are a landlord who is intending to convert a dwelling into a small HMO for three to to six residents, you will need to apply for planning permission.

Only with planning permission.  

An Article 4 Direction does not prevent the conversion from taking place, nor does it mean that any planning application for such development would be automatically refused. It does, however, give the local planning authority an opportunity to consider a proposal in more detail and apply policies and planning conditions in the deciding whether permission should be granted.

HMOs play a key role in the local housing market, and the Article 4 Direction will allow such conversions to be assessed against planning policy to ensure they do not have an unacceptable impact. 

Although the Article 4 Direction takes effect immediately, the Council is required to carry out public consultation.

The consultation will run from 16 July 2026 until 27 August 2026.

All representations received during the consultation period will be reviewed and considered before the Council decides whether to confirm the Article 4 Direction.

Following the consultation, the comments received will be reviewed and considered before the Council decides whether to confirm the Article 4 Direction.

The Direction needs to be formally confirmed by the Council within 6 months of the date on which it came into force, otherwise it will expire.