Permitted Development

Your Guide to Permitted Development: Unlocking Your Home's Potential Without Full Planning Permission

Have you ever wondered if you can build an extension, a garden office, or even convert a loft without going through the full planning permission process? The good news is that in many cases, you can. The planning system includes a powerful set of rights known as 'Permitted Development Rights', which act as a form of pre-approved, automatic planning permission for common projects.

This guide from London Extend is designed to demystify these rights for you. We will explain what they are, the types of projects they cover, and crucially, the important exceptions and rules you need to be aware of. Our goal is to empower you with clear, accurate information so you can understand the opportunities available for your property.

What Exactly Are Permitted Development Rights?

Think of Permitted Development Rights as a standing permission granted by the government for certain types of construction and changes of use. Instead of having to ask the local council for permission via a full planning application, the permission is already granted, as long as your project strictly follows a set of established rules and limitations.

These rights exist to make it simpler and faster for people to improve their homes and for businesses to adapt their premises without overburdening the planning system with applications for minor works. They cover a surprisingly wide range of common projects.

• For Homeowners (Houses, not flats): Most houses benefit from a generous set of rights that allow for common improvements. These include:

  • Extensions: Building single-storey rear extensions, two-storey rear extensions, side extensions, and porches.

  • Loft Conversions: Converting your loft space into a habitable room, often including the addition of dormer windows or rooflights.

  • Outbuildings: Constructing buildings in your garden like sheds, summerhouses, home offices, garages, or even swimming pools.

  • Other Alterations: Installing hard surfaces like driveways, putting up fences and walls, or adding chimneys and satellite dishes. Each of these categories comes with very specific rules about size, height, materials, and how close they can be to your property boundary.

• For Changing a Property's Use: Permitted development also allows for certain changes from one 'Use Class' to another without needing a full planning application. A common example that has been encouraged by the government is the change of use from commercial premises like an office or a shop into residential flats. This helps to create new homes and adapt our high streets.

• For Commercial and Other Properties: It’s not just homes that have these rights. Commercial, industrial, and agricultural sites, as well as schools, all have their own specific set of permitted development rights that allow them to make certain changes to adapt and grow.

Where Can I Find the Official Rules?

All of these rights are legally set out in a government document called The Town and Country Planning (General Permitted Development) (England) Order 2015, often referred to simply as "the GPDO" or "The Order".

This document is the definitive rulebook. It is highly detailed, technical, and is updated periodically by the government. It contains all the precise measurements, conditions, and limitations that your project must adhere to. If your proposed extension is even a centimetre over the allowed limit, or if you use a material that isn't permitted, the project will not be classed as permitted development, and you would need to seek full planning permission.

To help homeowners, the government has also published a more user-friendly technical guidance document. While it is written to be more accessible than the legal Order itself, it can still be complex. This is why seeking professional advice is always a wise first step to ensure your interpretation of the rules is correct.

Do All Properties Have These Rights?

This is a critical point: no, not all properties have the same permitted development rights. It is a common and costly mistake to assume that they automatically apply everywhere. The rights can be restricted or removed entirely in several ways.

• Flats and Maisonettes: As a general rule, flats and maisonettes do not have the same householder permitted development rights as houses.

• Previous Permitted Development: If your property was itself created via a change of use under permitted development (for example, a barn converted into a house), it will likely have no further permitted development rights. This means even simple additions like a porch or a garden shed would require a full planning application.

• Designated Areas: Rights are automatically more restricted in sensitive locations. These include:

  • Conservation Areas

  • Areas of Outstanding Natural Beauty (AONBs)

  • National Parks

  • World Heritage Sites

  • Listed Buildings (which have virtually no permitted development rights at all, as almost any alteration requires Listed Building Consent).

  
  

• Article 4 Directions: A local council has the power to issue an 'Article 4 Direction'. This is a legal tool that removes specific permitted development rights in a defined area. They are often used in Conservation Areas to protect their special character by, for example, preventing homeowners from replacing original windows or removing front garden walls. They can also be used to control the conversion of family homes into Houses in Multiple Occupation (HMOs).

• Planning Conditions: When a new house or housing estate is built, the council often attaches planning conditions to the original permission that remove permitted development rights. This is done to maintain the uniform character and quality of the new development. It is very common for the rights to build fences, extensions, or sheds to be removed in this way. These conditions are legally binding forever unless a successful application is made to have them removed.

Do I Need to Submit an Application Anyway?

Even if your project is a permitted development, you may still need to submit an application to the council before you start. There are two key types.

1. Prior Approval: Some of the more significant permitted development rights are "subject to prior approval". This means you must submit an application to the council before any work begins. This is not a full planning application; the principle of the development is already accepted. However, the council needs to check and approve the specific details and their potential impact. Common examples include larger rear extensions or changes of use from offices to flats. The council will assess specific factors like the impact on neighbouring properties, transport, or flooding risk. If they withhold their approval, you cannot proceed.

2. Lawful Development Certificate (LDC): For projects that are not subject to prior approval, we at London Extend strongly recommend applying for a 'Lawful Development Certificate' before you start construction. An LDC is not you asking for permission; it is you asking the council for a formal, legally binding decision that your proposal is indeed a permitted development and does not require planning permission.

   Why is an LDC so important?

   • Certainty: The rules are complex and full of technical traps. Sloping ground can complicate height calculations, and oddly shaped houses can make measuring extensions difficult. An LDC removes all ambiguity and gives you total peace of mind before you spend thousands of pounds on building work.

   • Proof: It provides official proof that your development is lawful. This is invaluable if a neighbour complains to the council during or after construction.

   • Future Sale: When you come to sell your home, the buyer's solicitor will demand proof that any extension or outbuilding was built lawfully. An LDC is the gold-standard evidence that satisfies this requirement instantly, preventing delays or issues with the sale.

Without an LDC, if the council later decides your interpretation of the rules was wrong, they could take enforcement action, which in a worst-case scenario could force you to tear down the entire structure at your own cost. An LDC, once granted, protects you from this risk.

Your Project, Built on Confidence

Permitted Development Rights offer a fantastic opportunity to improve and adapt your home with a faster and more certain process than a full planning application. However, their complexity and the many exceptions mean that navigating them requires careful, expert attention. The key is to confirm your rights, check for any restrictions, and secure legal certainty with a Lawful Development Certificate before committing to any construction work.

Let's Confirm Your Property's Potential

If you are considering a project and want to understand if it could be achieved through permitted development, please get in touch. We can provide a free initial assessment, help you navigate the rules, and manage the application process to ensure your project is built on a solid legal foundation.