A property in Ilkeston approved earlier this year as a six-bedroom House in Multiple Occupation (HMO) is now being advertised online as short-term guest accommodation – raising questions about whether its current use aligns with what was authorised.
The building, on St Mary Street, was issued with a lawful development certificate in February 2026, confirming its use as a C4 HMO for up to six residents. That route, permitted under national planning rules, allows certain changes of use without the need for a full planning application or public consultation.
According to the council’s decision, the change from a standard dwelling (C3) to a small HMO (C4) was considered lawful under permitted development provisions. The certificate applies specifically to that use.
However, current listings on major booking platforms appear to present the property in a different light.
A shift in how the property is being used?
The property is being advertised as a “guest house experience”, with:
- All six rooms available to book
- Nightly rates
- Standard check-in and check-out arrangements
Such features are typically associated with short-term visitor accommodation rather than long-term residential use.
In planning terms, that distinction can be significant.
An HMO is generally understood to be a property occupied by residents as their main home, sharing facilities over a longer period. By contrast, short-term letting – particularly where there is frequent turnover of occupants – can fall outside that definition and may be treated as a different form of use, sometimes described as sui generis.
Whether a change of use has occurred depends on the specific facts, including how the property is occupied in practice.
A question of alignment
The lawful development certificate granted earlier this year confirms that the use of the property as a six-person HMO would not be liable to enforcement action, provided it operates within that defined use.
If the property is instead being used primarily for short-term stays, planning guidance suggests this could amount to a material change of use, which may require separate planning permission.
At present, it is not clear whether the current operation falls within the scope of the original certificate.
Local context
The development sits within a wider local conversation about housing use, planning controls and the growth of HMOs.
Residents in parts of Ilkeston have previously raised concerns about:
- Pressure on on-street parking
- The cumulative impact of shared housing
- The balance between residential and transient uses
The prospect of a property functioning on a nightly basis – with guests regularly arriving and leaving – may add to those concerns. And it’s not the only HMO being used this way in Ilkeston.
Enforcement under pressure
The situation also highlights broader questions around planning enforcement.
Erewash Borough Council, like many local authorities, faces ongoing pressures on staffing and resources within its enforcement function. Monitoring whether properties are operating within their approved use can be challenging, particularly where changes are gradual or not immediately visible.
That raises a practical question: how effectively can councils respond when the use of a property appears to evolve beyond what was originally authorised?