Reply To: SEA in Guest House

Peter Barker

There is certainly no reason in the HB Regs why that isn’t possible. But from the planning perspective, would it require planning permission for a change of use from Class C1 to C3? If people are living there as their principal residence it is not going to be covered by Class C1 is it? And if planning permission is applied for to use the building as a dwellinghouse, would that then immediately engage the HMO licensing regime?

There is case law to the effect that use of a dwelling without the required planning permission does not void the liability for HB purposes, but that doesn’t mean there wouldn’t be other consequences