Planning Rules : A Basic Step by Step Guide
If you want to build something new or make a major change to your home you will probably need planning permission. If your project needs planning permission and you do the work without getting it, you can be served an enforcement notice ordering you to undo all the changes you have made. So don’t risk it and check which projects need planning permission before you start.
Not all changes or improvements to your home need permission from the planning department. There are many that you can carry out with implied consent, known as Permitted Development. It is well worth being aware of these rights, and recent changes to the rules, if you want to make any significant home improvements. It could save you time and money!
Permitted Development (PD) grants rights to enable homeowners to undertake certain types of work without the need to apply for planning permission. There are many innovative opportunities whereby PD rights can bring significant benefits to anyone who wants to undertake a project to improve their existing home or is looking to maximise the potential of a new investment.
To take advantage of PD you need to fully understand what is involved and the criteria — as well as stay up to date with all the latest changes.
Most likely yes, but there are a few things to bear in mind. Any space added by past owners since 1948 counts towards your Permitted Development allocation.
If your house is located in a Designated Area, such as a National Park, Area of Outstanding Natural Beauty or Conservation Area then your Permitted Development rights may be restricted or removed under what is known as an Article 4 direction. This is where rights have been removed in the interest of maintaining the character of the local area. This could also be the case if your property is listed.
Alternatively, if you’re planning to self build a replacement dwelling and your proposed new home is bigger than the existing house on site, then your Permitted Development rights are likely to be restricted or even removed on condition of granting planning permission.
Remember than all Permitted Development requirements apply to the dwelling as it was originally built, or as it stood on 1st July 1948.
PD Rights do not apply to flats or maisonettes due to the impact that any alterations could have on neighbouring properties.
In theory, if a proposal constitutes Permitted Development and is fully compliant with the regulations, no application is required.
However, if you’re not going down the prior notification process, it is extremely advisable to apply for a Certificate of Lawful Proposed Use or Development, otherwise known as a Lawful Development Certificate (LDC), to ensure that your proposal complies with the regulations and that you will not be faced with difficulties post construction.
If, once an extension or outbuilding etc. is constructed, the LPA determines that the proposal does not comply with PD regulations then you may be faced with enforcement action, which would normally result in a request for a retrospective application. Should permission be refused there is a real likelihood that any extensions or associated works would be required to be demolished. As such, confirmation in the form of the LDC is highly recommended.
Under the rules, the ‘original’ (as it stood in or prior to 1948) rear wall of a detached home can be extended (subject to the neighbour consultation scheme) by up to 8m in depth with a single storey extension; this is reduced to 6m if you live in a semi or terrace. If your proposed new extension will be within 2m of a boundary, then the eaves height is limited to 3m under Permitted Development. Otherwise, a single storey rear extensions must be no higher than 4m.
If you hope to build a two storey extension (no higher than the house), this can project up to 3m from the original rear wall, so long as it is at least 7m from the rear boundary. It’s also important to note that no extension can project beyond or be added to what is deemed to be the front of the house or an elevation which affronts the highway. And a side extension can not make up more than half your house’s width.
Furthermore, with the exception of conservatories, new extensions must be built of materials ‘similar in appearance’ and with the same roof pitch as the main house. So while Permitted Development rights are beneficial, there’s a lot to consider before starting work.
- You can extend a detached dwelling by 8m to the rear if it’s single storey or 3m if it’s double
- Semi-detached and terraced homes can be extended up to 6m to the rear of the property if single storey
- There are height restrictions but they boil down to a single storey extension not being higher than 4m in height to the ridge and the eaves, and ridge heights of any extension not being higher than the existing property
- Two storey extensions must not be closer than 7m to the rear boundary
- It must be built in the same or similar material to the existing dwelling
- Extensions must not go forward of the building line of the original dwelling
- Side extensions must be single storey, maximum height of 4m and a width no more than half of the original building
- In Designated Areas side extensions require planning permission and all rear extensions must be single storey
- An extension must not result in more than half the garden being covered
- You can only do it once and the original building is either as it was on 1st July 1948 or when it was built. In Northern Ireland it is as it was built or as it was on 1st October 1973
If your Loft Conversion falls under your permitted development rights then you will not need to apply for planning consent from your local council. However, the following restrictions must be observed:
- 1. On designated land, loft conversions will not be a Permitted Development
- 2. To be a Permitted Development any additional roof space created must not exceed these volume allowances:
40m3 on terraced or semi-detached houses, 50m3 on detached houses - Permitted Developments do not include extending proud of the existing roof slope plane on the front elevation if it faces a road.
- Use materials which appear similar to the existing property.
- Your extension cannot be higher than the highest point on the existing roof.
- Permitted Developments do not include balconies, verandas or raised platforms.
- A side window should be obscured and not able to be opened, unless the opening mechanism is situated at least 1.7m above its respective room floor.
- Roof extensions should be set back, as far as reasonably feasible by at least 20cm from the eaves, unless it is a hip or gable roof (measure the 20cm along the plane of the roof). The roof extension should not hang over the wall of the house.
- Your roof or loft project might have an impact on any existing bats. For this kind of work you will need a survey and possibly a licence to proceed.
Many homeowners need additional space, and we find that a common trait of all of our projects is the need for an extended porch or a new outbuilding. You may be in luck, as these are considered within permitted development rules if the following rules are followed!
- 1. The total area of the porch must not exceed 3m2 (measured externally).
- 2. No part of the extended porch shall be greater than 3m from the existing ground level.
- 3. No part of the porch should be within 2m of the public highway (including pedestrian walkways).
- 1. No outbuilding should be constructed on land forward of the principal (front) elevation.
- 2. Outbuildings and garages should be built to a height of no more than 2.5m at the eaves and a maximum of 4m if dual pitched. If any other roof type is proposed, this should have a maximum height of 3m.
- 3. When within 2m of a shared boundary, the maximum height of the outbuilding should be 2.5m.
- 4. No verandas, balconies or raised platforms are considered to be permitted development. Raised platforms will need planning permission if over 30cm height from the existing ground level.
- 5. No more than 50% of the land surrounding the dwelling should be covered by outbuildings.
- 6. No outbuilding can be forward of the original dwelling. In Wales and Northern Ireland the same applies unless the resulting building would be more than 20m from the road.
- 7. In Wales and Northern Ireland any outbuildings closer to the house than 5m count as extensions. In Scotland any outbuildings larger than 4m² and closer to the dwelling than 5m count as extensions
Other elements of construction that are often considered to be permitted development (not requiring planning permission) include:
- 1. Solar panels (other than on the front roof slope).
- 2. Replacement of doors/windows.
- 3. Repairs to the property including any walls and the roof.
- 4. Additional skylights/roof windows or dormer windows – subject to the volume increase allowance for your type of building (See loft conversions permitted development).
It is important to always check if you are in a conservation area or other designated land if you are looking to make these changes, as even though they may seem minor, you may not have access to permitted development rights if so!
In 2019, the UK government announced their plan to introduce the ‘Larger Home Extensions Scheme’, allowing homeowners to extend their property by even more than the previous permitted development guidelines allowed – WITHOUT applying for full planning permission. This decision was made to allow families the freedom to grow without being forced to move house, by extending their home to meet their requirements without having to battle their local planning authority for the right to do so.
In 2020, the government saw the great potential and effectiveness of the thentemporary allowance, and in fact proclaimed that the scheme be extended indefinitely, realising the huge potential that it had for the benefit of both the people and the economy.
Nowadays, the larger home extensions scheme is a branch of your permitted development rights, also known as prior approval, which comes with several additional criteria to meet before building your dream extension. Essentially, it is important to note that the normal permitted development rights have remained the same, but homeowners are given the opportunity to apply for prior approval from your neighbours (not your local council – a common misconception) to extend further. For example, for a terraced or semi-detached house, you could extend up to 6m instead of just 3m, and for a detached house, you could extend up to 8m instead of 4m!
The UK government has provided technical guidance on permitted development, which includes detailed information on what changes are allowed and what conditions must be met. This guidance is intended to help homeowners understand their rights and obligations when making changes to their properties.
In London, permitted development rules are subject to a number of additional restrictions and requirements, due to the city’s unique planning challenges. For example, in some parts of London, the government has introduced Article 4 directions, which remove certain types of permitted development rights in order to preserve the character of the area.
- Extensions and conservatories: The guidance sets out the maximum dimensions for extensions and conservatories that can be built without planning permission, as well as other requirements such as the materials that can be used.
- Roof alterations: Homeowners are allowed to make certain types of alterations to their roofs without planning permission, such as installing roof lights or skylights. The guidance sets out the specific conditions that must be met.
- Change of use: In some cases, homeowners may be able to change the use of their property without planning permission, such as converting a garage into a living space. The guidance sets out the specific conditions that must be met.
- Outbuildings: Homeowners are allowed to build certain types of outbuildings without planning permission, such as sheds and summerhouses. The guidance sets out the maximum dimensions and other requirements that must be met.
- Permitted development rights in conservation areas: Homeowners in conservation areas are subject to additional restrictions on permitted development. The guidance sets out the specific conditions that must be met in order to carry out certain types of changes.
- It is important to note that even if a proposed change falls within the permitted development rules, it may still be subject to other regulations, such as building regulations or health and safety requirements. Homeowners are advised to seek professional advice before undertaking any major changes to their properties.
Under Permitted Development, existing buildings – such as offices, barns and other agricultural buildings – can be converted into homes.
In March 2013 a new system was introduced to allow the conversion of barns into dwellings. Permission would still be required via the prior approvals process, but it created potential for more conversion opportunities than before. Read more here.
In an attempt to release inner-city land for housing, the next change in Permitted Development was an announcement in May 2013 to allow offices to be converted to residential. This was set to expire in 2016, but in October 2015 it was declared that these rights would be made permanent.
- Balconies, verandas and raised platforms (above 300mm) do not fall under Permitted Development rights
- Outbuildings: Homeowners are allowed to build certain types of outbuildings without planning permission, such as sheds and summerhouses. The guidance sets out the maximum dimensions and other requirements that must be met.
- You will also now need planning permission to construct a drive from non-porous materials such as tarmac. But you can construct a new drive of porous materials, or non-porous if provision for drainage is provided on the property, under Permitted Development
In many cases, permitted development rights can be a sure way to achieving your extension goals, however, they do not always apply. Common exemptions to the use of permitted development rights include:
- 1. Properties in a Conservation Area – If your home or business is situated in a conservation area, this means that your local council has restricted the rights to develop in order to reduce the impacts of development on the protected character of the area.
- 2. Flats or Maisonettes – Permitted development rights do not apply in the cases of extensions/alterations to flats or maisonettes, predominantly due to the need for freeholder consent and the impact on your neighbours of any development.
- 3. Change of use between different use classes
- 4. New Homes – When creating one or more new residential units, permitted development rights do not apply. You will therefore need prior consent from your local council to build a new house or convert a single dwelling into flats.
- 5. Buildings with a specific use outside of residential homes.
- 6. Areas where there may be a blanket planning condition, such as an Article 4 Direction, limiting permitted development rights in any given area.