Houses of Multiple Occupation planning measures

We are proposing to introduce a countywide planning measure, called an Article 4 Direction, to help control the amount and location of properties which are being converted into small Houses of Multiple Occupation (HMOs).

If implemented, the Direction would mean that all HMOs would require planning approval, not just larger developments as is currently the case.

Our Cabinet has agreed this in principle, and as part of the process, we need to ask your views on the measure.

Background

Under current legislation, houses can be converted into small HMOs for between 3 and 6 residents without the need for planning permission. Any property for more than 6 residents must already apply for planning permission.

However, if we believe there is a need to control the spread of HMOs in specific areas, we can use an Article 4 Direction, requiring all new HMOs to submit a planning application, regardless of size. 

We have already introduced this measure for smaller HMOs in 3 areas due to the concentration of student properties in these areas:

• Durham City
• Framwellgate Moor, Newton Hall and Pity Me
• Mount Oswald, Carrville and Belmont

Why it is considered important to introduce this measure

HMOs can provide a more affordable form of accommodation for a wide range of groups including professionals, students, migrants, and people on low incomes.

However, an overconcentration of this type of household can have a negative impact on day-to-day life for communities, often because of issues around increased noise, the general appearance of properties, the management of rubbish, and parking. 

They can also have more long-term implications, such as a loss of family housing and an impact on community cohesion due to a larger number of the population only staying for a short time.

During the past few years, we have seen a steady increase in HMOs in areas of the county outside Durham City. The number has risen more significantly since 2021, with some residents expressing concern about the impact on their neighbourhoods.

The proposed measure will allow us to consider all HMO conversions leading to better distribution, and helping us to maintain mixed and balanced communities across the county. 

By introducing the Article 4 Direction in all areas, and not just in those we are currently seeing issues, it will avoid concentrations of HMOs moving to other areas. 

What we already do to tackle HMO related issues 

We have a range of powers to deal with HMO related issues, such as licensing enforcement and environmental health notices. We also have a successful selective licensing scheme, where all HMOs in allocated areas require a licence whatever their size. 

Details of the Article 4 Direction

A copy of the sealed document to 'make' the Article 4 and a map of the area covered can be found below. It will come into effect if we confirm it following this consultation.

Article 4 for HMO.pdf

We are proposing that the new Article 4 Direction is non-immediate. This means that 12 months’ notice will be given before it comes into effect, so we do not face any liability for compensation from property owners who may be affected by the new rules.

However, we may still consider immediate measures in particular areas if evidence suggests that we should do so. This would be subject to further consultation.

More information

You can find more information about the proposed Article 4 in agenda item 4 of July 2025's Cabinet meeting.

Find out more about the existing Article 4 directions related to Durham City and surrounding areas.

Follow the project if you'd like to be kept updated with progress.

The closing date for responses was Friday 26 September 2025.