Planning guide
What does Article 4 mean?
An Article 4 Direction is a legal tool that lets a council require planning permission for changes that would normally be allowed automatically. A city-wide direction already affects what you can do with a house in Kingstanding.
What is permitted development?
Most building work and changes of use need planning permission. But the law grants automatic permission for a long list of common changes — these are permitted development rights, set out in the Town and Country Planning (General Permitted Development) (England) Order 2015 (the GPDO).
Because these rights are granted by law, you do not need to apply or pay a fee — the permission already exists. Examples include certain extensions within set limits and some changes from one use class to another.
- Automatic — no planning application needed
- Granted by national law (the GPDO 2015), not by individual councils
- Can apply to homes, commercial premises and land
What an Article 4 Direction does
Article 4 of the GPDO lets a local planning authority make a direction that removes one or more permitted development rights in a defined area. Once it is in force, the automatic permission no longer applies, and anyone wanting that change must submit a full planning application instead.
The direction does not ban the development — it means the council gets to decide it case by case. An application made necessary by an Article 4 Direction is subject to the standard planning fee (the old fee exemption was removed in 2017).
- It doesn't ban the change — you must apply for permission
- The council can then approve, refuse or attach conditions
- A direction can cover one street, a conservation area, or a whole city
Why councils use them
Councils make Article 4 Directions where automatic permission would harm an area's character, amenity or housing mix. Common reasons include:
- Controlling the concentration of HMOs in residential areas
- Protecting the appearance of conservation areas
- Preventing demolition of buildings that add to local character
- Controlling changes to shopfronts in town centres
Birmingham's city-wide HMO direction
Birmingham City Council made a city-wide Article 4 Direction relating to Houses in Multiple Occupation. It came into force on 8 June 2020 and covers the whole city, including Kingstanding.
It removes the permitted development right to change a C3 family home into a C4 small HMO (shared accommodation for 3–6 unrelated people). Before that date the change was automatic anywhere in the city; it now needs a planning application.
- Applies to every ward in Birmingham, including Kingstanding
- Removes the right to convert a C3 home to a C4 small HMO without permission
- In force since 8 June 2020; not retrospective for lawful existing HMOs
What it means for you
If you want to convert a family house in Kingstanding into a shared house for 3–6 unrelated people, you must apply for planning permission first — you cannot treat it as permitted development. The council assesses the application against its policies on the distribution and concentration of HMOs and can approve, refuse or add conditions.
A small HMO lawfully established before 8 June 2020 does not need retrospective permission. Always check a property's lawful use class before buying it as an investment.
Key terms
- Permitted development rights
- Automatic permission granted by national law (the GPDO 2015) for specified development, so no application is needed.
- Article 4 Direction
- A direction by a local planning authority that removes permitted development rights in a defined area, so an application is needed instead.
- C3 use class
- An ordinary dwellinghouse — a single person or family (or up to two unrelated people).
- C4 use class
- A small HMO — shared accommodation for between 3 and 6 unrelated people.
Official sources
This is general guidance, not legal advice. Planning rules and local procedures can change. For a specific application or situation, check directly with Birmingham City Council or seek independent planning or legal advice.