The change of use from C3 (residential, single dwelling) to C4 (HMO) is a permitted development right, isn’t it?
And until now article 4 (invalidates Permitted Development Rights) takes a year to be approved and activated within an area. A council must put a consultation first and it’s not less than a year when article 4 is in place.
However, have you heard the news? Last month, Merton Council did a completely different thing. Merton Council placed article 4 for the change of use from C3 to C4 on the 17th of November with immediate effect. And to be compliant, they decided to make a consultation but it will be after article 4 comes in. If they get an objection within the next 6 months, they won’t be able to put it through, but if they don’t, article 4 will be active and in place since the date of November 17th and on.
Now, people have already started building and changing use because they have known that article 4 takes a year to come in. But look at the problem they are in now, they put in money to change use from a C3 to C4 but they can’t finish it because article 4 is now and immediately active in this area.
That’s why we always recommend that you get a Lawful Development Certificate before you start doing your work because once you have it, you have it approved forever.
Those owners would have avoided that issue that is happening now if they had a Lawfulness Certificate. See, the change of use from a C3 to a C4 costs 150K pounds for the building works compared to only 1K, the cost of the certificate, which could have guaranteed them peace of mind. People are literally gambling 150K pounds when they can have it secured for only 1k.
Another thing is, if you have a Certificate of Lawfulness, to the bank, it’s now legal.