The Hertsmere Borough Council (Houses in Multiple Occupation) (Potters Bar) Article 4 Direction 2026

Notice of a non-immediate Article 4 Direction for Houses in Multiple Occupation - The wards of Potters Bar Parkfield Ward, Potters Bar Oakmere Ward, Potters Bar Furzefield Ward, Bentley Heath & The Royds Ward.

The Council is proposing to withdraw permitted development rights that allows development without planning permission to convert houses with C3 planning Use Class classification to C4 planning Use Class classification. This will be achieved through an ‘Article 4 Direction’ which covers the wards of Potters Bar Parkfield Ward, Potters Bar Oakmere Ward, Potters Bar Furzefield Ward, Bentley Heath & The Royds Ward.

The result of the Article 4 Direction will require planning proposals to convert existing dwellings with planning Use Class C3 to HMOs, planning Use Class C4, to apply for planning permission.

The type of Article 4 Direction being proposed is a ‘non-immediate’ one. This means it will not come into force until the 06 May 2027. The non-immediate Article 4 Direction was “made” on 23 April 2026.

The Council will consult on the Article 4 Direction between 06 May 2026 and 17 June 2026.

The Article 4 Direction will come into force on 06 May 2027, if confirmed.

Article 4 Direction for Houses in Multiple Occupation (HMOs) - FAQs

What is an Article 4 Direction?

An Article 4 Direction is a legal mechanism used by local authorities that removes permitted development rights. Once confirmed this means that planning permission will be needed for conversion of all properties into Houses in Multiple Occupation (HMO) with a planning Use Class of C4.

What are the current challenges and why is Hertsmere Council proposing to introduce an Article 4 Direction relating to small HMOs?

Prior to introducing an Article 4 Direction any home can be converted into a small HMO for up to six unrelated residents that share facilities such as a kitchen, without planning permission. This is known as ‘permitted development’. Larger HMOs (with 7 or more inhabitants) already require planning permission and will continue to do so once the Article 4 Direction takes effect.

Hertsmere Council is gathering and reviewing evidence that the ability to convert a property into a small HMO, without planning permission, demonstrates a negative impact on residents and stakeholders throughout the borough.

What is a non-immediate Article 4 Direction?

A non-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.

A non-immediate Article 4 Direction comes into force by providing a 12 month notice period to take into account views from a formal public consultation.

Comments received must be considered prior to confirming the Direction 12 months from when it was ‘made’. It is important to note that the Article 4 Direction requires that planning permission be sought from the Council, it does not automatically mean that planning permission will be refused.

When will the Article 4 Direction come into effect?

The Article 4 Direction was ‘made’ on 23 April 2026 but will not come into effect for 12 months, if confirmed on 06 May 2027. This means permitted development from C3 to C4 Use Class will continue to be allowed up until confirmation of the Direction.

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.

Where will this apply?

In the wards of Potters Bar Parkfield Ward, Potters Bar Oakmere Ward, Potters Bar Furzefield Ward, Bentley Heath & The Royds Ward, if confirmed following consultation and evidence review.

I am an HMO landlord, how will these proposals affect me?

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 confirmed, 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 may apply for a Lawful Development Certificate (LDC) to confirm that the HMO use is lawful and did not require planning permission. You will need to submit evidence that the property was in use as a small HMO prior to 06 May 2027.

For further information on LDCs please see https://www.gov.uk/guidance/lawful-development-certificates

This Article 4 Direction does not affect landlords who have already, or plan to, convert dwellings to large HMOs or other types of buildings to HMOs. The rules in these cases remain identical to how they were prior to the introduction of the non-immediate Article 4 Direction, and planning permission is still required.

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

Do I still need an HMO licence for existing or new HMOs?

Hertsmere Borough Council currently operates a mandatory licensing scheme under the Housing Act 2004, which requires an HMO licence for any property with 5 or more unrelated occupiers living as separate households and sharing amenities. Operating a licensable HMO without a licence is a criminal offence.

What happens now?

The Council will consult on the Article 4 Direction between 06 May 2026 and 17 June 2026.

How can I comment on these proposals?

The Council will invite representations on the non-immediate Article 4 Direction proposals in between 06 May 2026 and 17 June 2026.

A copy of the Direction and a plan to which it relates can be inspected at Customer Services, Civic offices, Elstree Way, Borehamwood, Herts, WD6 1WA during normal opening hours or at https://www.hertsmere.gov.uk/planning-building-control/building-tree-conservation/article-4-directions

Any representations must be submitted in writing to Article 4 Direction (HMO consultation), Civic offices, Elstree Way, Borehamwood, Herts, WD6 1WA or via email.