(Date of issue: Tuesday, 15 June 2010)

Carlisle City Council is reminding landlords that they need planning permission before they rent out houses of multiple occupation.

A recent change in planning laws means that anyone thinking of setting up a new rented property, that would accommodate more than three people, may require a ‘change of use’ planning permission.

Planning legislation, mainly affecting properties let by private landlords, changed in early April when the Town and Country Planning (Use Classes) (Amendment) (England) Order 2010 came into force.

The planning laws define a “house in multiple occupation” (HMO) as a property where tenanted living accommodation is occupied by three or more persons, who are not related, as their only or main residence, and who share one or more basic amenities such as a kitchen, lounge or bathroom.

These definitions apply to HMOs which were created after Tuesday, 6 April 2010. Therefore the owner of a property considering letting it to 3-6 residents falling within this definition, or the owner of such a property which was created after the Tuesday, 6 April is now required to apply to the City Council for planning permission for ‘change of use’.

The City Council’s Housing Services and Planning sections have been working together to identify any new HMOs which will require planning permission. As part of this exercise, Housing Services are also making sure that landlords of HMO properties are compliant with the health and safety legislation and guidance documents connected to this type of property.

Anyone wanting to find out more about the new planning laws should contact Carlisle City Council on 01228 817341.

Any properties not following the new laws may face enforcement action. Prosecution under the Housing Act 2004 may be considered in the worst cases.