An Article 4 Direction affects whether you can convert a home into a shared house in Brighton and Hove. See selective & HMO licensing in Brighton and Hove, check any address with the Article 4 checker, or use the free HMO licence checker.
Brighton and Hove is a unitary authority in England that has an active Article 4 Direction removing permitted development rights for the change of use from a dwelling house (Use Class C3) to a small house in multiple occupation (Use Class C4). This means that any property owner in the affected area who wishes to convert a residential property into a shared house occupied by between three and six unrelated people must first obtain planning permission from Brighton and Hove Council.
An Article 4 Direction is a planning tool used by local authorities to remove specific permitted development rights in a defined area. Under normal circumstances, a property can be converted from a single dwelling (C3) to a small HMO (C4) without needing planning permission, because this change of use falls within permitted development rights granted by the Town and Country Planning (General Permitted Development) (England) Order 2015.
When a council makes an Article 4 Direction, it withdraws this permitted development right, meaning that planning permission is required for the C3 to C4 conversion. This gives the council control over the concentration of HMOs in an area and allows it to refuse applications where the proportion of shared houses is already high.
An Article 4 Direction does not ban HMOs. It simply requires planning permission for the conversion. Applications are assessed against the council's local plan policies, which typically set a threshold for the maximum proportion of HMOs allowed in a given area (commonly 10 per cent of properties within a 50-metre or 100-metre radius).
Brighton and Hove has one active Article 4 Direction restricting the conversion of dwelling houses (Use Class C3) to houses in multiple occupation (Use Class C4).
| Detail | Information |
|---|---|
| Coverage | Borough-wide |
| Status | Active |
| Effective from | 3 June 2020 |
| Direction type | Not specified |
| Confidence | high |
The Article 4 Direction in Brighton and Hove covers the entire council area. This means that planning permission is required for any C3 to C4 conversion anywhere within the Brighton and Hove boundary.
You can check whether a specific property falls within the Article 4 Direction area by searching its address on Tuxa. Tuxa checks the property coordinates against the official boundary data and returns an instant result.
If you are considering converting a property in Brighton and Hove from a single household dwelling into a shared house (HMO), you should be aware of the following:
Planning permission is required. You must submit a planning application to Brighton and Hove Council before making the change of use. Converting without permission is a breach of planning control and the council can take enforcement action.
Planning permission may be refused. The council will assess your application against its local plan policies. If the area already has a high concentration of HMOs, the application is likely to be refused.
Existing HMOs are not affected. If your property was already in use as an HMO before the Article 4 Direction came into force, you do not need retrospective planning permission. The direction only applies to future conversions.
This is separate from HMO licensing. An Article 4 Direction is a planning restriction. HMO licensing is a separate housing regulation. Even if you obtain planning permission for an HMO, you may still need a mandatory or additional HMO licence depending on the number of occupants. Check both requirements on Tuxa.
| Article 4 Direction | HMO Licensing | |
|---|---|---|
| What it controls | Change of use from C3 to C4 | Standards and management of existing HMOs |
| Legal basis | Town and Country Planning Act 1990 | Housing Act 2004 |
| Who administers it | Planning department | Housing/environmental health department |
| When it applies | Before converting to an HMO | Once a property is already an HMO |
| Penalty for breach | Enforcement notice, potential prosecution | Criminal offence, civil penalties up to £30,000, rent repayment orders |
Tuxa checks both Article 4 Direction coverage and licensing scheme coverage for any UK property. When you search an address on Tuxa, the results show:
This gives landlords and property investors a complete picture of the regulatory requirements before purchasing or converting a property.
If you want to be notified when the Article 4 Direction status changes for a property in Brighton and Hove, you can set up a property alert on Tuxa. Tuxa monitors the property monthly and sends you an email if the planning or licensing status changes. This is useful if a council is consulting on extending, modifying, or revoking its Article 4 Direction.
Does the Article 4 Direction in Brighton and Hove mean I cannot have an HMO?
No. The Article 4 Direction does not ban HMOs. It means you need planning permission to convert a dwelling house into a small HMO (3 to 6 occupants). If planning permission is granted, you can proceed with the conversion. Existing HMOs that were established before the direction came into force are not affected.
Do I need both planning permission and an HMO licence?
Potentially, yes. Planning permission (if required under the Article 4 Direction) deals with the change of use. An HMO licence deals with the ongoing management and safety standards of the property once it is occupied as an HMO. These are separate legal requirements administered by different council departments.
What if my property was already an HMO before the Article 4 Direction?
If your property was lawfully in use as an HMO before the Article 4 Direction took effect, you have existing use rights and do not need to apply for planning permission. You may wish to obtain a Certificate of Lawful Existing Use from the council to confirm this.
How do I check if my Brighton and Hove property is in the Article 4 area?
Search your property address on Tuxa. The results will show whether the property falls within the Article 4 Direction boundary and whether any licensing requirements also apply.
Can the council revoke the Article 4 Direction?
Yes. Councils can modify or revoke Article 4 Directions at any time. If the direction is revoked, permitted development rights are restored and planning permission is no longer required for C3 to C4 conversions. Set up a Tuxa property alert to be notified if this happens.
This page was researched and written by the Tuxa editorial team. Our data is sourced directly from local authority planning portals, planning.data.gov.uk, and official Article 4 Direction notices. We update our content when councils confirm, modify, or revoke Article 4 Directions. If you spot an error or out-of-date information, please contact us.
Last reviewed: June 2026