You are here: Building under Permitted Development

It has been accepted for some time now that there is a distinct lack of new build housing in the UK. Property prices are rising with the market showing a rise of around 10% in the last year and the lack of new housing stock has been one of the contributory factors in this. Developers say that one of the major holdups in the housing market has been that the planning system has been clogged up with planning applications for home extensions and minor works. Householder Permitted Development rights were introduced in Wales in 2013 and in England in 2015 and separately in Scotland and Northern Ireland. Permitted development rights granted under General Permitted Development Order (GPDO) are a general planning permission granted by Parliament. They allow building works, such as adding a home extensions or alterations and changes of use, to be carried out without the need to apply for planning permission. These rights have restrictions and any proposed works must fall within the limitations set out by these rights.

The latest changes to Permitted Development came in 2020 when it was decided that vacant Class E commercial premises, such as offices, restaurants, and shops could be converted into new homes without planning permission. Further relaxation in September 2020 allowed for two-storey extensions on homes to be built under Permitted Development.

With regard to restrictions, in general terms, your planned extension should not cover more than 50% of the garden or grounds surrounding the property, should be at least two metres from all boundaries and should not be higher than the existing property. On a semi-detached or terraced house, the extension can be three metres from the wall of the original wall of the existing property without any prior approval and six metres from the original wall of the existing property with prior approval. A detached house can have an extension of up to four metres from the original wall of the existing property and eight metres with prior approval.

It is important to note the phrase ‘original house’ as that refers to the structure of the house as it stood as of 1948. You cannot build an extension onto an existing extension if the finished structure protrudes by more than the dimensions stated in the Permitted Development limits.

‘Prior Approval’ from your local authority is required for larger single-storey rear extensions. A ‘larger extension’ is defined as extending beyond the rear wall of the original house by between four and eight metres for detached houses and over three and up to six metres on all other houses. To obtain Prior Approval you should apply to the local authority planning department who will then consult your neighbours to advise them of your proposed extension. If at that stage your neighbours raise any concerns or objections, the local authority will determine if the proposed extension would impact on the amenity of your neighbour’s properties to an acceptable or unacceptable level. Based on this appraisal they will make a decision on whether they will approve your plans. This process would normally take eight weeks and carries a fee of £96 for a rear extension as outlined above.

As of September 2020, it is also possible to build a two storey rear extension under Permitted Development, although the restrictions imposed would be much more stringent than with a single storey structure. A two storey extension must not extend from the rear of your existing house by any more than three metres and must be a minimum of seven metres from any boundary facing the rear wall of your house. The roof pitch of any two storey extension must, as far as possible, match the existing property and any side facing upper-floor window should be glazed with frosted or obscure glass. Verandas, raised platforms or balconies would not be permitted.

Permitted Development and the above restrictions apply to rear single storey extensions only with two storey side extensions being completely exempt from Permitted Development rights.  This means that a two storey side extension will always require planning permission.

In certain 'designated areas' of the country, permitted development rights are more restricted. For example in: a Conservation Area, National Park, Area of Outstanding Natural Beauty a World Heritage Site or the Norfolk or Suffolk Broads.

If you live in a ‘designated area’ you will find that some Permitted Development rights will have been withdrawn. For instance, side extensions in these areas would require planning permission regardless of the size of the extension. Rear extensions, retain some Permitted Development rights but they are more limited than in other areas. Single storey extensions may be permitted, multi storey builds would not be, nor would the cladding of exterior walls be allowed.

Local planning authorities can also remove permitted development rights in a particular area by making an 'Article 4 direction', which can remove permitted development rights associated with a specific building or area. Under Article 4, if a local authority deems that further development of a property or area would be detrimental to the character and appearance of that building or area.

Any building project of a magnitude which would require local authority permission, be that planning permission or permitted development, is liable to be a costly project, taking substantial investment in both money and time and on that basis it would be wise to make sure that everything you are doing has all the required approvals necessary. Someone once said “if you think safety is expensive, try having an accident”, so if you think getting all the necessary permissions is expensive, try building an extension without the required approvals. Always check with your local authority planning department and get their response in writing.

Neighbours are important in the scheme of things when you are planning to build an extension or alter the appearance of your property. They will, quite understandably be concerned that any building works on your property may have an adverse effect of theirs. Your new extension may block light or sun from part of their property or may obscure that lovely panoramic view that they enjoy. People are generally suspicious of change, particularly changes which may impact their homes or their lifestyles. The best way to allay any unwarranted fears your neighbours may have with regard to your plans is to make sure you keep them informed. Talk to them, show them your plans and explain what you are planning to build or alter. The more you bring your neighbours on board with your plans, the less likely they are to object and if they do have objections you can discuss their concerns and perhaps make some changes which would lessen any negative impact on them.

If you are in any doubt you can engage the services of an experienced professional to guide you through this stage of your project. You can do this by going to; https://www.localsurveyorsdirect.co.uk/planning-permission-applications-...

As with all construction or installation related projects, always ensure that you check the credentials of the contractor you are about to use. Make sure they have the relevant experience, qualifications and insurances and check if they are members of a trade organisation or are on a Competent Persons Register.

If you are considering extending or altering your home, you may find some of these services useful: