A HMO is a property rented to at least three unrelated tenants who form two or more separate households and share facilities, such as a kitchen and bathroom.

Planning laws allow for some types of development or changes of use to take place without planning permission. In the case of HMOs, a house or flat shared by between 3 and 6 unrelated people falls under these rules. An Article 4 Direction (A4D) enables local planning authorities to remove this right and require planning permission for this use. A planning application would then be assessed against adopted Local Plan policy.

An immediate Article 4 Direction is used by a council when it considers the development to which the direction relates would be prejudicial to the proper planning of the area or constitutes a threat to the amenities of the area. It requires planning permission for the use from the day the first the legal notice is issued and prior to a public consultation. However, consultation is still required, and comments must be considered prior to confirming the Direction within 6 months from when it comes into force.  

A without immediate effect Article 4 Direction is made, publicised, and then comes into force on a date specified in the Article 4 Direction notice, which must be at least 28 days and no longer than two years after the start of the representation period. It comes into force when the Council confirms it. The Council will consider any representations submitted in deciding whether to confirm the Direction.

The existing Article 4 Direction area covers the following wards in Liverpool:

• Anfield
• Tuebrook Breckside Park
• Kensington and Fairfield
• Brownlow Hill
• Canning
• Edge Hill
• City Centre South
• Waterfront South
• Smithdown
• Wavertree Village
• Arundel
• Princes Park
• Toxteth
• Dingle
• Parts of Everton East, Everton West, Tuebrook Larkhill, Stoneycroft, Old Swan West, Wavertree Garden Suburb, Church, Penny Lane, Greenbank Park, Festival Gardens, City Centre North, Vauxhall.

The 'with immediate effect' A4D area shown on the plan attached to the Article 4 Direction covers the following wards in Liverpool:

• Area 1: Kirkdale West and East, Everton North, County, Walton, Orrell Park and part of Fazakerley North and West. 
• Area 2: Part of Tuebrook Larkhill. 
• Area 3: Old Swan East, part of Old Swan West and part of Stoneycroft.
• Area 4: Part of Penny Lane and part of Calderstones. 
• Area 5: St Michaels, Sefton Park and part of Festival Gardens.

In some areas, for example, Stoneycroft and Old Swan West, the other part of the ward already falls within the existing Article 4, therefore the area identified for immediate Article 4 Direction will result in the whole ward being included. 
In respect of other wards , for example, Fazakerley North and West, parts have been excluded where there is no evidence of harm caused by HMOs, typically as numbers and concentrations are lower. In addition, the remainder of the ward contains housing typologies which are not considered immediately vulnerable to HMO conversion, such as social housing or larger, higher-value housing. 

The 'immediate effect' Article 4 Direction comes into immediate effect on Thursday 5 November 2026.

The 'without immediate effect' Article 4 Direction comes into effect on Friday 5 November 2027, subject to confirmation.

If you are a landlord of an existing HMO of up to six residents which was converted from a dwelling using Permitted Development Rights prior to the date the Article 4 Direction was introduced, you will not be affected by this decision. An Article 4 Direction does not apply retrospectively.

Owners of small HMOs created prior to the introduction of the Article 4 Direction on 5 November 2026 may apply for a Lawful Development Certificate to confirm that the HMO use is lawful and did not require planning permission. You will need to submit evidence to support your application.

Larger HMOs (with 7 or more inhabitants) or changes of use to HMOs from other uses already require planning permission and will continue to do so once the Article 4 Direction takes effect.

If you are a landlord who is intending to convert a dwelling into a small HMO for three to six residents, you will need to apply for planning permission if your property falls within one of the immediate Article 4 Direction Areas.

You will need to confirm that the works and occupation of the property are lawful.  This is best confirmed by submitting an application for a certificate of lawfulness. If it is to be occupied by 7 or more people, planning permission will be needed.

If it is a certificate of lawfulness for existing use, the property may be used for the use as detailed in the certificate only.

If you have a certificate of lawfulness for proposed use, the use should be in operation before the Article 4 Direction comes into effect.

If the investment is for the use as a single-family home, permission will not be needed, if that was the last use.

If the use is intended to be for a small-scale HMO, an application for planning permission, or a Certificate of Lawfulness of Existing Use will be needed.

If the house is to be occupied by 7 or more people, planning permission will be needed.

We are required to carry out public consultation on both the immediate and non-immediate Article 4 Directions. The consultation will run from 5 November 2026 until 26 November 2026.

All representations received during the consultation period will be reviewed and considered before we decide whether to confirm the Article 4 Directions.

The Immediate Article 4 Directions need to be formally confirmed by the Council within 6 months of the date on which it came into force, otherwise it will expire. The non-immediate Article 4 Direction must be confirmed within 2 years. 

You can do this online or send your comments by post. Please see details 'How to comment' above.

Applications will be assessed against the development plan as a whole including Policies H10 and H11 of Adopted Local Plan together with other relevant material planning considerations - Liverpool Local Plan 2013–2033.

If a property had been occupied as an HMO before the introduction of the Article 4 Direction, it may be lawful. The council encourages property owners to apply for a Certificate of Lawfulness, to demonstrate that the use is lawful - 
There are 2 types of lawful development certificate:

• Certificate of Lawfulness of existing use – confirms that an existing use is lawful. In the case of an HMO this may be because the use commenced before the Article 4 Direction came into effect; because planning permission was granted or because the use has become lawful through the passage of time.
• Certificate of Lawfulness of Proposed Use – confirms that the use of a home as a small-scale HMO does not need permission.

When an application for a Certificate of Existing Use is submitted, the only matters that can be considered are those relating to the facts of the case , for example, evidence of when the property was occupied as a HMO and whether this was before the introduction of an Article 4 Direction. In assessing the information available, more weight must be given to a legally sworn statement or affidavit, than a statement submitted by email or letter. Even so, all information submitted will be considered and assessed against the legal test of ‘on the balance of probabilities’.

You can check planning and other applications and decisions online.

You may report a suspected breach of planning control online.

However, enforcement action may only be taken if the use has started.

You may comment on a planning application or an application for Certificate of Lawfulness.  Please remember that in considering an application for a Certificate of Lawfulness, we can only take into account the factual details of the extensions and evidence of when and how the property was occupied as an HMO.

Live applications are published on the council’s website.

Permitted Development Rights (PDR) allow for some extensions to a property without needing planning permission. These still apply to properties which were last used as a family home or a small-scale HMO (i.e. less than 7 people). Typically, these include a single-storey rear extension and a dormer window in the roof to the rear. The Article 4 Direction does not affect these rights, so these works may still be carried out, without the need for planning permission.

Physical changes to a building may need building regulation approval.  The property owner can choose to use the council’s building Ccntrol service, or to employ a private, Approved Inspector.

In addition to complying with planning and building regulations, a House in Multiple Occupation (HMO) license is also needed for any property with five or more people forming two or more households and share amenities such as a kitchen, toilet or bathroom, or lacking in the provision of a basic amenity. Find out more about the legislation or information regarding licensable HMOs.

Please see our register of licensed properties.

Selective Licensing and Article 4 Directions serve different purposes and are based on different evidence.

Selective Licensing is a housing management tool that requires landlords of privately rented properties within designated areas to obtain a licence from the Council. Its purpose is to improve property management standards, support safe and well-managed housing, identify landlords and managing agents, and help tackle issues within the private rented sector.

Liverpool has operated selective licensing schemes since 2015. The current scheme, which commenced in April 2022, covers around 80% of privately rented properties across the city. The designated areas were identified based on evidence of poor housing conditions, higher levels of private renting and an increased risk of serious property hazards.

In contrast, an Article 4 Direction (A4D) is a planning tool that requires planning permission for a change of use from a family dwelling (Use Class C3) to a small House in Multiple Occupation (Use Class C4). The purpose of an A4D is to help manage the concentration and growth of HMOs and to consider the impacts this may have on local communities and housing markets.

As the two schemes have different objectives and rely on different evidence bases, their boundaries do not necessarily align. In some areas, the Selective Licensing boundaries also reflect historical ward configurations that existed when the current designation was approved. The Council has recently consulted on proposals for a future selective licensing scheme, which will be considered separately from the Article 4 Direction process.

In summary, Selective Licensing focuses on improving standards and management within the private rented sector, whereas the Article 4 Direction focuses on managing future HMO conversions through the planning system. As a result, different geographical areas may be covered by each scheme.