There is a massive amount of confusion concerning the new ‘Change of Class’ order that will become enacted on the 5th April 2010. Current legislation does not require any planning permission when a property is let to multiple occupants in the Private Rented Sector (PRS).
However, a change to the current legislation will require a landlord in the PRS to obtain planning permission for ANY property where they will be letting to more than THREE occupants. This is in addition to any requirements under HMO legislation.
The directive implies that any landlord buying a property for intended PRS use with three or more occupants must obtain planning permission before granting a tenancy. However, the main criteria for requiring planning permission is that the property must undergo some form of ‘substantial change of use’ in order to meet the requirement for permission. This is causing confusion amongst landlords and representative bodies alike. Does this mean that a landlord with a three bed house currently renting to a family (single household definition), when he relets the property to THREE PROFESSIOPropertymark then has the need to apply for planning permission?
Does an Investor buying a property from an existing landlord who currently rents to THREE or more people insist on seeing a planning approval certificate just in case he becomes a test case?
Clearly the legislation is ill-prepared and throws up several anomalies as to the exact requirements, and at a time when Government should be embracing the PRS and ‘encouraging’ landlords to plug the housing gap this seems to need a wave of opposition to reconsider the directives. Sign the petition started by the Residential Landlords Association (RLA) by clicking on the link and show your concerns ……
Click Here to sign
