You might have spotted in the news that Article 4 Directive has been brought into the Medway Towns as a control measure for HMOs.
I have had several conversations with new and existing investors regarding this and thought it would be helpful to pull together an article with several frequently asked questions that might be helpful.
What is Article 4?
An Article 4 Direction is a planning control used by local authorities to remove certain permitted development rights in place to 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 to the end of December last year, a property in Medway could be converted into an HMO without the need for planning permission, but with Article 4 in place it means any HMO regardless of size now needs planning permission.
We see Article four in several places such as Bexley, where Home Share manages a couple of properties and in my view, it helps to drive up standards.
One important point is to note that Article 4 is separate to additional or selective licensing. In simple terms, Article 4 relates to planning and licensing relates to property management standards. You can read more about both in detail in this article.
What areas does Article 4 in Medway it cover?
The Article 4 Direction applies only to the majority of wards, simply put – those 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?
To my understanding, 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 a key point and one that gives significant peace of mind to existing investors.
When does Article 4 come into effect in Medway?
Medway Council approved Article 4 on 16th December 2025 and came into force after a mandatory 21 day notice period, meaning changes came into force around January 5th.
This means that any new change of use from a single dwelling to an HMO within the designated wards now requires planning consent.
I already own an HMO, so do I need to do anything?
The positive thing for existing HMO landlords, there is no immediate action required because the Article 4 Direction only affects new HMO conversions, not existing ones.
It may, however, be sensible to apply for a Certificate of Lawful Development (CLD) if you haven’t already done so just so you have a file note as this will provide formal confirmation from the council that the property’s use as an HMO is lawful.
For those expanding or changing the size of an existing HMO, it would be prudent to get advice and I would be happy to help here if you have any questions. Advice early on will certainly help avoid any costly mistakes down the line.
Key notes for investors
Article 4 Directions are not about banning HMOs altogether, but about giving the council greater control over where new ones are introduced.
Whilst this is certainly a hurdle, I have seen an improvement to the quality of HMOs in areas where Article 4 is in place, so investors need not be concerned.
Two key notes investors should be aware of are how:
- Existing HMOs are not being shut down
- New HMO projects in affected wards now require more due diligence at the planning stage
This change means that the right advice is crucial before starting an HMO conversion and I would be more than happy to provide any advice and guidance where it is needed. The best way to get in touch is by email to hasan@home-share.co.uk.
Hasan