You might have spotted in the news that the Article 4 Direction has been introduced across parts of the Medway Towns as a control measure for HMOs.
Home Share has had several conversations with both new and existing investors regarding this change and felt it would be helpful to put together an article answering some of the most frequently asked questions.
What is Article 4?
An Article 4 Direction is a planning control used by local authorities to remove certain permitted development rights that would normally allow a property to be converted into an HMO.
In simple terms, it means that in designated areas, a property owner can no longer automatically convert a family home (Use Class C3) into a small HMO (Use Class C4) without first obtaining planning permission.
Up until the end of December last year, a property in Medway could be converted into an HMO without the need for planning permission. However, with Article 4 now in place, any HMO conversion — regardless of size — will require planning permission within the designated wards.
Article 4 is already in place in several other areas, such as Bexley, where Home Share manages a number of properties. In Home Share’s view, this type of regulation often helps to drive up standards.
It is also important to note that Article 4 is separate from additional or selective licensing. In simple terms, Article 4 relates to planning, whereas licensing relates to property management standards. More information on both can be found in this article.
What areas does Article 4 in Medway cover?
The Article 4 Direction applies to the majority of wards with the highest concentration of HMOs.
The affected areas are:
- Chatham Central and Brompton
- Fort Pitt
- Gillingham North
- Gillingham South
- Luton
- Strood North and Frindsbury
- Watling
Outside of these wards, permitted development rights for small HMOs remain unchanged.
Do Medway HMOs need retrospective planning permission?
Home Share’s understanding is that no retrospective planning permission is required for HMOs that were already lawfully established and occupied before the Article 4 Direction came into force.
If a property was operating as an HMO prior to the direction being implemented, it can continue to do so, provided it was lawful at the time. This is an important point and should provide significant peace of mind for existing investors.
When does Article 4 come into effect in Medway?
Medway Council approved the Article 4 Direction on 16th December 2025, and it came into force following a mandatory 21-day notice period. This means the changes took effect around 5th January.
As a result, any new change of use from a single dwelling to an HMO within the designated wards now requires planning consent.
If an investor already owns an HMO, is any action required?
The positive news for existing HMO landlords is that no immediate action is required, as the Article 4 Direction only affects new HMO conversions, not existing HMOs.
However, Home Share would recommend applying for a Certificate of Lawful Development (CLD) if one has not already been obtained. This provides formal confirmation from the council that the property’s use as an HMO is lawful and helps strengthen records for future reference.
For landlords planning to expand or change the size of an existing HMO, it would be sensible to seek professional advice early. Home Share is happy to support investors with guidance, as early advice can help avoid costly mistakes later on.
Key notes for investors
Article 4 Directions are not designed to ban HMOs entirely, but instead to give the council greater control over where new HMOs are introduced.
While this does add an additional hurdle for investors, Home Share has seen a noticeable improvement in the quality of HMOs in areas where Article 4 is in place. Investors should therefore not be overly concerned, but should ensure they approach new projects with the correct planning support.
Two key points investors should be aware of are:
- Existing HMOs are not being shut down
- New HMO projects in affected wards now require more due diligence at the planning stage
This change reinforces the importance of obtaining the right advice before beginning an HMO conversion and if you have any questions, we’re here to help!
