Permitted building rights: A guide to permitted development rights

A guide to permitted development rights in 2023

In August of 2020, you may have heard about some changes that were made to your permitted development rights. These changes meant you could do more with your home without the need for planning permission.

Since these changes were introduced, additional information has come to light which might affect how you proceed with your home project. So here’s everything you need to know about permitted development in 2023!

Looking for permitted development advice on a specific home project? Why not book a call with our team?

What are permitted development rights?

Permitted development rights are essentially a scheme, created by the government, that allows you to extend/renovate your home without the need for a full planning application.

For some homes in England, this scheme expanded last year to include bigger projects and more options for home improvement. These planning changes included new rules for big developments (such as turning office blocks into flats) but for the purposes of this article, we’ll be focusing on projects everyday homeowners tend to complete.

If you’re a developer and you want some tailored advice, please speak to our team.

Homes excluded from the scheme

The following homes were excluded from any of the changes made last year…

Homes within Scotland, Wales, or Northern Ireland
Listed buildings
Flats or maisonettes
Some new developments

Homes built before 1948 were not affected by the permitted development changes, however existing permitted development rights still apply.

Homes from conservation areas are not excluded from permitted development rights, however they do hold much greater restrictions.

Unsure of whether permitted development rights apply to you?
Book a free consultation with our team.

Things that have come to light

When permitted development changes were passed last year, many were optimistic about the potential this could offer homeowners when renovating or extending their home. While it continues to offer an extremely viable alternative to planning applications, we have found that local planning authorities are still getting to grips with the new rules and legislation, and their complexity and requirements demand more work than the other rights.

So should we take the permitted development route?

Permitted development is still an extremely attractive option for a wide range of home projects, potentially saving time and money. But it might not be the best course of action for your home. To make sure you make the right decision and get the best support throughout your planning journey, why not get in touch with one of our in-house planning specialists? Book your free advice call here.

Projects covered by permitted development rights

So, what can you create with your permitted development rights?

While the scheme might be expanding, there are still a lot of design guidelines your project will need to meet. Because of this, we always recommend you use an experienced architect to put together your drawings.

Rear extension

Sits to the rear of the house (not the front)
Must not extend beyond the rear wall of the existing house by 3m if an attached house or 4m if detached
Uses similar building materials to the existing house
Takes up less than 50% of the size of the land around the original house (“original” being the latest of when the property was built or if it was built before 1948, then as it stood on 1st July 1948)
Is less than 4m in height (or less than 3m if within 2m of a property boundary)
Has eaves and a ridge that are no taller than the existing house

Side extension

Sits to the side (as long as this will not face a highway) of the house (not the front)
Uses similar building materials to the existing house
Takes up less than 50% of the size of the land around the original house (“original” being the latest of when the property was built or if it was built before 1948, then as it stood on 1st July 1948)
Takes up less than 50% of the width of the original house
Is less than 4m in height (or less than 3m if within 2m of a property boundary)
Has eaves and a ridge that are no taller than the existing house

Wraparound extension

When combining a side and rear extension to form a ‘wraparound’, the permitted development restrictions will be judged against the criteria for both extensions individually, making it unlikely for the project to fall under your permitted development rights. For instance, side extensions are only permitted development where they are less than half the width of the original dwelling, but when combining a side and rear extension in this manner, it will likely exceed half the width of the original.

While you may be able to create a small side and rear extension within your permitted development rights, the space a full wraparound demands, plus the structural work involved, make it an unlikely candidate for the permitted development route.

To find out what planning options you likely have for a wraparound project, you can book a free consultation here.

Two-storey extension

No windows in wall/roof slope of side elevation in additional storeys
Takes up less than 50% of the width of the original house
Takes up less than 50% of the size of the land around the original house (“original” being the latest of when the property was built or if it was built before 1948, then as it stood on 1st July 1948)
Uses similar building materials to the existing house
Has eaves and a ridge that are no taller than the existing house
Terraces to be no more than 3. 5m higher than the next tallest terrace.

Single storey homes are excluded.

Garage conversion

Works are internal
Uses similar building materials to the existing house
Does not enlarge the building

You may also need planning permission if you’re changing a detached garage into a living space – such as a bedroom, living room, or small annexe.

Loft conversion

A volume allowance of 50 cubic metres additional roof space for detached and semi-detached houses
Uses similar building materials to the existing house
The development must not include a window in any wall or roof slope forming a side elevation of the dwelling house
The roof pitch of the principal part of the dwelling must be the same as the roof pitch of the existing house
A dormer wall that is set back at least 20cm from the existing wall face
Has windows that are non-opening if less than 1.7m from the floor level
Has side windows that are obscured/frosted

Building a new storey or flat onto your property

No windows in wall/roof slope of side elevation in additional storeys
On existing multi-storey properties, you can add up to two additional storeys on the topmost storey of a detached house of two storeys or more. (Existing accommodation in the roof space of the existing house, including a loft extension, is not considered as a storey)
Maximum height limit for the newly extended house is 18 metres
Terraces to be no more than 3.5m higher than the next tallest terrace

Please note: there are many variables which depend on whether you’re building above a residential space or a commercial / mixed-use property. The type of your property will also affect your options, as will your intentions for the space (do you want it to become a new dwelling in its own right?).

With this project, we do highly recommend you talk to an expert to get a proper understanding of your planning rights. Book a consultation here.

Risks to bear in mind

It can be easy to think when you hear ‘no need for full planning’ that you can breeze on through to the construction stage. In fact, one of the risks facing homeowners is that some contractors might even suggest just this.

However, should your designs fail to meet the above requirements, your project could be subject to hefty fines and even demolition. What’s more, there are other requirements a project needs to cover, such as…

UK building regulations
Party wall matters
Build over agreements
Right to light

And much more!

How to protect your project

The best thing you can do for your home is to get an experienced expert by your side from the start.

At Resi, we’re able to help our customers navigate everything they’ll need to start construction, including…

Surveying
Design
Planning
Building regulations
Party wall matters
Plus finding vetted contractors and specialists

Therefore, no matter which planning route you choose, our team can provide a tailored plan to ensure you avoid any costly missteps.

If you’re looking to fully protect your build, here are our top tips for using your permitted development rights safely…

Get a lawful development certificate

This handy document essentially proves your project was legal at the point of construction and is a useful way of getting your local planning department to review your designs. What’s more, you’ll find many potential buyers requesting some documentation regarding any improvements you’ve made, so they can ensure they won’t inherit any legal problems.

Put together a building regulations package

All UK homes must adhere to building regulations. These are a set of statutory requirements which cover everything from the structure, thermal performance, sound-proofing, drainage, all the way to fire safety – to name just a few!

To ensure your project is in line with UK building regulations, we recommend you commission a set of technical drawings of your proposed build, so your contractor has detailed instructions on meeting all legal requirements.

This package can be prepared by an architect, such as Resi, but will also need input from other specialist professionals, such as a structural engineer, party wall surveyor, and CCTV drainage surveyor. All these experts will ensure that, once you get onsite, your contractor has a detailed plan to work from, greatly reducing the risk of any mistakes being made.

Learn more about building regulations.

What next?

Regardless of the route you choose, if you’re looking to complete a home project we always recommend you get an experienced professional on board. With 4900+ projects under our belts, the experts at Resi know a thing or two about creating dream spaces! Book your free consultation with us here.

A brief summary about Permitted Development

Home » Blog » A brief summary about Permitted Development

Posted on 6th January 2022

If you are thinking of making home improvements to your property, the issue of planning permission may weigh heavily on your mind. But did you know that, in many cases, you won’t need to obtain planning consent? Under ‘permitted development rights’, homeowners can make certain alterations without the need to apply for planning permission. This may include loft extensions, garage conversions and home extensions.

At Able Surveyors, our team of experienced Chartered Surveyors provides a wide range of surveying services and property-related services to help our clients get the most from their property assets. Let’s take a deep dive into the subject of Permitted Development and find out what it’s all about, and how the provisions can make your life easier when it comes to upgrading your property.

What is Permitted Development?

According to the government website, “permitted development rights are a national grant of planning permission which allow certain building works and changes of use to be carried out without having to make a planning application”. For homeowners wanting to improve their dwelling, this can be of major benefit to anyone wanting to add value to their property or maximise the potential of a new property investment.

Permitted development rights apply to the building as it was built or, for older properties, as it stood on 1^st July 1948. There is a limit to the number of alterations that can be made to a building under permitted development. If you purchase a property that has already been altered including any additions made by previous owners since 1948, it is possible that some or all of the property’s permitted development allocation may have already been used up.

Permitted development is regulated through local planning authorities, in the same way as planning consent. Before you start your build, you need to ensure that your plans are compliant and obtain written confirmation from your local planning officer that the proposed works are indeed classed as permitted development. Visit the Planning Portal to review the rules and ask your local planning authority for guidance, if you’re unsure.

What are you allowed to do under Permitted Development?

Permitted development rights for households fall into different categories, depending on the proposed improvements for internal or external works. Each category stipulates criteria that must be fulfilled for permitted development rights to apply, otherwise, planning consent must be obtained. Here’s a list of home improvements that generally fall under permitted development rights:

Erection of front porch
Garage conversion
Side extension
Rear building extension
Loft conversion
Installation of roof lights and dormer windows
Internal alterations to the building
External solar roof panel installation
Erection of antennae and satellite dishes

What are you NOT allowed to do under Permitted Development?

If your building plans involve a new-build house or the formation of new dwellings by subdividing an existing property, permitted development rights are unlikely to apply. The list below includes other types of work that also fall outside the scope of permitted development:

Building a front extension
Verandas and balconies
Raised platforms
Extensions that are larger than half of the original land around the original house
Extensions that are more than 4 metres high or larger than half the width of the original house

It is important to note that permitted development rights do not apply to leasehold properties, including flats and maisonettes, nor listed buildings.

Can Permitted Development rights be withdrawn?

It would be unwise to assume that permitted development rights will always apply, since permitted development rights can be restricted or withdrawn. As already mentioned above, leasehold properties do not have any permitted development rights. Check the lease to see what alterations are permitted and obtain the landlord’s written consent for any alterations you wish to make. For structural alterations to a flat or maisonette, you will also need to obtain planning consent.

If your house already is affected by planning restrictions, for example, if it is located in a Conservation Area, an AONB, National Park or World Heritage Site, there may be an Article 4 Direction in place to remove or restrict your permitted development rights. In this case, priority is given to the preservation of the specific character of the local area. The same applies if the property in question is a listed building, requiring Listed Building Consent or improvements or alterations to any of the ‘listed’ architectural features.

What to do next?

If you wish to perform home improvements or structural alterations to your property, your first port of call should be the Planning Portal and your local planning authority. Here you will find useful guidance and obtain written confirmation that your building project falls under permitted development. If the proposed works fall outside the scope for permitted development for whatever reason, planning consent will have to be sought.

Improving your property to make it more comfortable to live in, while adding value is high on the agenda for many homebuyers and owners. For professional advice and guidance regarding your permitted development rights and any planning issues you could be facing, contact Able Surveyors for an initial consultation.

Civil Code of the Russian Federation Article 37. Types of permitted use of land plots and capital construction facilities \ ConsultantPlus

Versions of the document prepared with amendments that have not entered into force

Civil Code of the Russian Federation Article 37. Types of permitted use of land plots and capital construction facilities

Prospects and risks arbitration disputes and disputes in a court of general jurisdiction. Situations related to Art. 37 of the Civil Code of the Russian Federation

Arbitration disputes:

– The right holder does not agree with the change in the type of permitted use of the plot

– The applicant wants to change the category or type of permitted use of the land plot

Disputes in a court of general jurisdiction:

– A citizen (official, organization) appeals against being held liable for the use of the land plot for other purposes

– The administrative plaintiff does not agree with refusal to change the main type of permitted use of the land plot

1. The permitted use of land plots and capital construction facilities may be of the following types:

1) main permitted uses;

2) conditionally permitted uses;

3) ancillary permitted uses permitted only as additional to, and carried out in conjunction with, the principal permitted uses and conditionally permitted uses.

2. The types of permitted use of land plots and capital construction facilities are established for each territorial zone.

2.1. The establishment of the main types of permitted use of land plots and capital construction facilities is mandatory for each territorial zone in respect of which urban planning regulations are established.

(Part 2.1 was introduced by Federal Law No. 373-FZ of July 3, 2016)

4. The main and auxiliary types of permitted use of land plots and capital construction objects by the right holders of land plots and capital construction objects, with the exception of state authorities, local governments, state and municipal institutions, state and municipal unitary enterprises, are chosen independently without additional permits and agreement.

4.1. From the date of the adoption of the decision on the integrated development of the territory and until the date of approval of the documentation on the planning of the territory, in respect of which the decision on its integrated development was made, a change in the type of permitted use of land plots and (or) capital construction facilities located within the boundaries of such a territory is not allowed.

(Part 4.1 was introduced by Federal Law No. 494-FZ of December 30, 2020)

regulations are not established, for another type of such use are adopted in accordance with federal laws.

6. The granting of a permit for a conditionally permitted type of use of a land plot or a capital construction facility is carried out in the manner prescribed by Article 39of this Code.

7. An individual or legal entity has the right to challenge in court a decision to grant a permit for a conditionally permitted use of a land plot or a capital construction facility, or to refuse to grant such a permit.

Civil Code of the Russian Federation Article 39. The procedure for granting permission for a conditionally permitted type of use of a land plot or a capital construction facility \ ConsultantPlus

A revised version of the document was prepared with changes that have not entered into force

Civil Code of the Russian Federation Article 39. Procedure for granting a permit for a conditionally permitted use of a land plot or a capital construction facility

conditionally permitted type of use), sends an application for granting permission for a conditionally permitted type of use to the commission. An application for granting permission for a conditionally permitted type of use may be sent in the form of an electronic document signed with an electronic signature in accordance with the requirements of the Federal Law of April 6, 2011 N 63-FZ “On Electronic Signature” (hereinafter – an electronic document signed with an electronic signature) .