Planning control and HMO licensing are separate regulatory regimes, each with their own legal tests and requirements. Planning permission determines whether the use of a property as an HMO is acceptable in land use terms, while licensing focuses on management standards, safety, and living conditions.
Obtaining an HMO licence does not override the need for planning permission, and equally, planning permission does not guarantee that a licence will be granted. Many landlords encounter difficulties where a property is licensed but does not benefit from lawful planning use.
The correct approach is to establish the lawful planning use first, either through planning permission, permitted development, or a Certificate of Lawfulness. Licensing requirements should then be addressed in parallel or subsequently.
Early planning advice can ensure that the proposed occupancy levels, layout, and use class are consistent across both regimes, reducing the risk of enforcement action or licence refusal.
