HMO planning permission and licensing requirements
An HMO is a property where between three or more unrelated people share a kitchen and/or a bathroom.
A new HMO needs planning permission and a licence. The council can refuse planning permission if it doesn’t align with our Local Plan or withhold a licence if the landlord or property fails to pass our tests.
The Houses in Multiple Occupation Supplementary Planning Document (SPD) (PDF) details how planning policies are applied when considering planning applications for HMOs.
Download the current HMO SPD (adopted in 2019) (PDF).
Who decides if a property can become an HMO?
A new HMO needs both planning permission from the council's Planning Service and a licence from the Housing Service. These processes have many similarities but have different legal purposes.
Detailed information on how we determine planning application for HMO use are set out in our HMO SPD document (PDF).
When to apply for planning permission
Planning permission is required to change the use of a Class C3 house to a Class C4 HMO or larger HMO where three or more unrelated people share a kitchen and/or a bathroom.
Class C4 use
A property is in class C4 use when it is occupied by between three and six unrelated individuals as their only or main residence and who share basic amenities for cooking and/or personal hygiene. Class C4 use applies regardless of the type of occupant. To be classified as an HMO, a property does not need to be converted or adapted in any way. The definition can include small bed-sits.
Types of use that are excluded from the C4 class include social housing, care homes, children’s homes, bail hostels, properties containing the owner and up to two lodgers and properties occupied by students that are managed by an education establishment.
Can the council stop HMOs?
The council can refuse planning permission for an HMO if it is against the policies of the council's Local Plan and the HMO SPD, or additionally could withhold a licence for a landlord if they, or the property, do meet the appropriate tests.
How do I apply for planning permission to change the use of my property into an HMO (from class C3 to class C4)?
Please make a planning application. For a change of use application, we would expect to see a site plan and floor plans.
Does a landlord need a license to operate an HMO?
If you are a landlord of a HMO you need to have a licence. There are three types of licence. The one you need will depend on how many people you have living in your HMO, or if you have a property converted into flats.
Find out how to apply for an HMO licence.
Frequently asked questions
Is the process for a property to become an HMO the same across England?
The processes are the same, but most Local Plans do not have a specific policy on HMOs and only a small number of Local Plans set a ceiling on the number of HMOs that are allowed in a particular area.
In Portsmouth a specific direction has been introduced, an 'Article 4 Direction. This means planning permission is required for all new HMOs. In most other parts of the country a homeowner can change a family dwelling into an HMO without planning permission. This is not the case in Portsmouth.
Can a HMO property be extended without permission?
A home can be physically extended without planning permission if it is not a flat up to defined limits. This is called "Permitted Development". But changing the use of a family home to an HMO still needs planning permission and a licence.
When extending a property, what is and isn't allowed?
What is allowed to be built as "Permitted Development" may vary depending on whether a house is detached or connected to its neighbours, what past alterations it has and how it is orientated on its plot. This can include extensions, alterations to the roof and outbuildings.
Full details of permitted development are available on the national planning portal.
I sometimes let my HMO property out to a family. Will I need to apply for planning permission to change it back to HMO use each time I do this?
Letting a property in class C4 use to a family for any period of time will mean that its use will change to a class C3 dwelling house. You will need to apply for planning permission to change the use of the property back to a class C4 HMO if you want to rent it out again to between three and six unrelated individuals.
It may be an idea to apply for planning permission for mixed C3/C4 use. This will mean that the property can be used in either way.
If an HMO property is empty for a period of time, will it lose its class C4 status?
A property won’t lose its class C4 ‘status’ if it’s empty.
Can a property be rented to more than six people?
The controls for HMOs in Portsmouth apply equally for the smallest (3 bedroom) up to the largest, which may include more than six people.
How can I report building work that might not be allowed?
If you think building work is being carried out without planning permission, and that would not be Permitted Development, you can report this to the Planning Enforcement team on planningenforcement@portsmouthcc.gov.uk
Is there a list of current HMO's in Portsmouth?
To find out whether planning permission for an HMO use has been granted, visit our Public Access system.