Class L – C3 to C4 (HMO) and vice-versa

Class L gives you the ability to take a property and then under permitted development convert that C3 into a C4 HMO. Or indeed a C4 HMO and convert that back to a single dwelling.

This HMO is for between 3 and 6 residents, as above this it would become Sui Generis within the use class system.

The only time where this is not possible is where an Article 4 exists to prevent HMOs or where a previous planning permission has removed Class L rights. You will also need to be mindful of the minimum bedroom sizes required and any other licensing requirements for an HMO. Apart from that it is a very straight forward change of use within the GPDO.  You do not have to notify the local authority unless a licence is required.

You can’t split the property into more than one HMO or more than one C3 unit whilst using this permitted development.

For lost more information on C4 dwellings and what are the limitations, please see our dedicated C4 HMO page.

Need to change it back from C4 to C3 using Class L? 

You can reserve this from an HMO to a C3 by using the same change of use. If your HMO occupancy drops to 2 or 1 then it will be deemed to be a C3 use Class by virtue of Class L.

Check out other permitted development options on our changes of use page.

Certificate of Lawfulness

We would recommend you apply for a certificate of lawfulness to confirm that the property is now a C4 dwelling. This is especially important where an Article 4 has been introduced or is about to be introduced. Time quickly passes and once the Article 4 has been in place for a few years, it might be harder to prove that your C4 HMO was legal and was converted under Class L. 

Planning Geek can assist with this application. Please complete the form here and we will revert with a fee proposal. 

You will require sufficient evidence, especially with an Article 4. An AST(s) from the day before the Article 4 comes into effect and evidence that it is in place after it  comes into effect will help along with other evidence.

Legislation

Class L – small HMOs to dwellinghouses and vice versa

Permitted development

L. Development consisting of a change of use of a building—
(a) from a use falling within Class C4 (houses in multiple occupation) of the Schedule to the Use Classes Order, to a use falling within Class C3 (dwellinghouses) of that Schedule;

(b) from a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order, to a use falling within Class C4 (houses in multiple occupation) of that Schedule.

Development not permitted

L.1 Development is not permitted by Class L if it would result in the use—
(a) as two or more separate dwellinghouses falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order of any building previously used as a single dwellinghouse falling within Class C4 (houses in multiple occupation) of that Schedule; or

(b) as two or more separate dwellinghouses falling within Class C4 (houses in multiple occupation) of that Schedule of any building previously used as a single dwellinghouse falling within Class C3 (dwellinghouses) of that Schedule.

Page updated: 24th May 2024