New Article 4 measures confirmed to control HMOs

NEW planning measures to help control the amount and location of Houses in Multiple Occupation (HMOs) will come into place after major support following a consultation.

Durham County Council consulted on a countywide planning measure, called an Article 4 Direction, and received more than 1,400 responses, with around 80 per cent of people in support. All comments received as part of the consultation have been carefully considered and the Article 4 has now been confirmed, meaning that the new measures will come into place from Monday 17 August 2026.

From this date, all HMOs in the county will require planning approval, not just larger developments as is currently the case. Under current legislation, houses can be converted into small HMOs for between three and six residents without the need for planning permission. Any property for more than six residents must apply for planning consent. However, if the council believes there is a need to control the spread of HMOs in specific areas, it can use an Article 4 Direction, requiring a planning application to be submitted for all new HMOs, regardless of size.

These measures are already in place for smaller HMOs in three areas due to the concentration of student properties in these locations:

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

Cllr Nicola Lyons, Durham County Council Cabinet member for communities and civic resilience, said: “While HMOs can provide a more affordable form of accommodation for a wide range of groups, an overconcentration of this type of household can have a negative impact on communities.

“This is often because of issues around increased noise, the general appearance of properties, and the management of rubbish and parking. HMOs can also have more long-term implications, such as the loss of family housing and an impact on community cohesion due to a larger proportion of the population only staying for a short time.

“Over the past few years, we have seen a steady increase in HMOs in areas of the county outside Durham City. The number has risen significantly since 2021, with some residents expressing concern about the impact on their neighbourhoods. An Article 4 will allow us to consider all HMO conversions, leading to better distribution and helping us to maintain mixed and balanced communities across the county.”

The Secretary of State has been notified and has the power to amend or remove an Article 4 Direction proposed by a local planning authority.