Archive for the ‘Other - Business & Finance’ Category

Changes in Planning Legislation in England for HMO’s (Houses in multiple Occupation

In my previous post I reported that there is to be a change in the Planning Consent needed for HMO’s – Three or more persons forming two or more households

The amendment to the Town and Country Planning (Use Classes) Order 1987 to create a separate planning class for HMOs. The changes will come into force on 6 April 2010. The changes will only apply to England as Wales has its own devolved powers to deal with these matters.

The statutory instrument to carry out this change has just been published on the OPSI website as the The Town and Country Planning (Use Classes) (Amendment) (England) Order 2010.

The new planning classes will be as follows:
Class C3 has been amended to cover single households of up to six occupiers.

A new class C4 has been created which will cover HMOs of up to six people.

Properties with more than six occupiers will continue to be outside any planning category.

The Changes to the Planning laws will  bring property into line with the existing definition of HMO in the Housing Act 2004.

This will mean that as from 6^th April 2010 ANY PROPERTY which is an HMO will now need to have a separate planning approval. It has been noted that it will apply to new HMO’s, but needles to say that it will apply to renewals of tenancy AFTER this date. No information is available at present on this area

Even if a License is NOT Required, Planning Consent will be required to use a property in this manner

More and more landlords will now be caught up with this change and therefore costs will rise due to increased paperwork and legislation – it conforming to HMO Regulations, HHSRS, etc.

For Wales, as yet there is no plan to change the legislation on the back of this Primary legislation, however, I can see that it is a way of increasing funds to capital strapped local authorities and therefore don’t rule out similar Planning Legislation in Wales

The Government are to implement new planning laws for HMO’s from April 2010

Click Here

Landlords beware of changes, you may get caught!!

Local powers for councils to protect communities and improve standards in the private rented sector

Housing and Planning Minister John Healey has announced new local powers to control the spread of high concentrations of shared rented homes and to tackle pockets of unsafe and substandard accommodation run by bad landlords.

Mr Healey confirmed new powers for local councils to manage the unplanned spread of Houses in Multiple Occupation (or an HMO) in towns and cities. The cluster of too many shared houses can sometimes cause problems, especially if too many properties in one area are let to short term residents with little stake in the local community. Tenants can also suffer from poor conditions and management of the properties by landlords.

A Government consultation on how to tackle this long-standing issue closed last year. It attracted around 900 responses, published today, from local authorities, residents associations, universities, individuals, MPs, councillors, and campaign groups. The large majority of those who responded supported a change to the so-called Use Classes Order, which defines how a property can be legally used, and the introduction of a definition of what constitutes a HMO.

Mr Healey responded to the consultation by confirming changes to the planning rules, giving local authorities the powers to manage the development of HMOs in their area, in turn helping stem the growth of large pockets of shared homes – which can change the balance and nature of communities. The Minister said that he would legislate so the new rules would come into force by April this year. The changes mean that landlords will need to apply for planning permission in order to establish a new HMO with a change of use, for example when the use of a property is altered from a family home to a shared house, with three or more tenants who are not related.

The Minister also published plans for councils, giving them extra flexibility to license landlords, requiring safe and quality rented accommodation in neighbourhoods where large numbers of substandard properties can be a magnet for community problems.

In a consultation published today, John Healey proposes to give a general consent for councils to introduce licensing schemes, without seeking permission from central Government, in hotspot areas where landlords do not maintain or manage their properties properly. A general consent would ensure that decisions on the quality of rented homes are made by those who are aware of the local issues and needs of the community. In the future, tenants will see improved standards and councils will be better able to deal with the worst landlords that drag down the neighbourhood.

Mr Healey also confirmed that detailed work is now underway for a new National Landlords Register, to help raise standards of private rented accommodation further. For the first time it will give landlords and tenants easy access to clear advice and support. It will also be the way in which landlords and tenants can be kept informed of basic rights and responsibilities.