Changes to Planning Use Laws affecting the Private Rented Sector

As many landlords will know, the RLA has been campaigning vigorously, along with others, to oppose changes to planning law which will affect houses and flats which are let to groups of sharers (eg. students, migrants, young professions etc). These changes take effect as from 6th April 2010. The changes are not retrospective.

After the 6th April 2010, if you rent out a house or flat which was previously occupied by a single person or a family to such a group you could then need planning permission. You will need planning permission if the new changed use is such as to amount to a “material change of use”. How these new rules will be interpreted and applied is far from certain.

If, as at the 6th April 2010, the house or flat concerned was already in shared use by a group of up to six, who were living together as a single household, then you will not need planning permission. You already have established lawful shared use. It does not matter for how long prior to the 6th April 2010 the house or flat was used in this way.

The new law is intended to apply where there is a change of use of a house or flat (which has previously been occupied by a family etc whether it is owner/occupied or rented) to shared use by between three and six unrelated individuals. It only applies where the new use of the house or flat is a shared use by unrelated individuals who are not members of the same family/relatives and the property is rented out in the private rented sector.

This can include lettings by owner/occupiers of their own homes involving three or more unrelated individuals who are living with them. The new rules do not apply to the social sector (ie. lettings of Council houses or properties rented out by Housing Associations). For planning consent to be needed there must be a material change of use.

Use by more than six tenants may have needed planning permission under the old rule. This will continue to be the case and this also applies to the social sector as well as private renting.

The RLA solicitor provides further guidance