The government introduced updates to the rules in 2020 that mean certain kinds of work can now be carried out without having to make a planning permission application. This is called “permitted development rights”. Here, we take a look at what permitted development rights are and what they cover so that you can be better informed.
What Are Permitted Development Rights?
It shouldn’t be difficult to understand permitted development rights, however for many homeowners, trying to determine what can and cannot be legally done to their properties without obtaining planning permission can cause some serious confusion. When the new rules came into effect in the September of 2020, there were even more changes to deal with and to come to terms with, so here, we’ll take a closer look at what those changes mean for homeowners today.
The UK Parliament came to an agreement over permitted development legislation which allows property owners greater freedom to extend or improve their properties without needing to make a planning permission application.
However, although that may create a false sense of confidence that anything goes these days, it’s imperative to make sure that there aren’t any other limitations or conditions that have been put in place by your own local planning authority, since these conditions aren’t covered by the permitted development legislation. For this reason, it makes sense to hire the services of a designer or architect before you undertake any work on your property.
There are several potential limitations which could be in place that you would still need to adhere to outside the permitted development legislation. All of these limitations have been introduced to reduce the undue impact felt by your neighbours while upholding local amenities. So, for example, specific rear extensions may require consultations to be carried out with the neighbours before you can commence any work.
Also, if your property is located in a conservation area or is a grade listed building, you may face even more restrictions.
What Is Covered By Permitted Development Legislation?
Depending on what kind of works are being carried out, every property adaptation will fall under different categories of permitted development. Some possible jobs that may be covered include:
- Roof alterations including solar panels, re-roofing, and loft conversions.
- Building an additional storey onto the property, although there are restrictions regarding this type of work.
- Extensions to the side or rear of a property.
- Garage conversions.
- Other buildings in the area of land that is attached to a property.
- External porches.
- Driveways and other types of hard surface in the land area attached to the property.
- Replacement, alteration or installation of a flue, chimney, vent pipe or soil pipe.
- Alteration, replacement, or installation of a microwave antenna e.g. a satellite dish.
In order to be considered a permitted development, your proposal has to meet all of the conditions and limitations under every Class that is relevant to that proposal. With this in mind, all proposed household developments are considered within the context of the overall permitted development rules in order to determine whether or not the work will be deemed to have permitted development rights with no need to make a planning permission application.
The 2020 Changes To The Rules
In September 2020, two new items of legislation were introduced by the Government to the permitted development rules covering both houses and flats. The overall theme of those changes is to encourage building upwards rather than outwards as well as to avoid any disruption of green belt land.
One of the changes was with regard to new permits for apartments or flats. Permission is now granted to construct up to two additional storeys onto freestanding blocks of flats of three or more storeys as long as there are no services underneath, up to a maximum height of 30m. Properties constructed after 2018 or before 1948 have an exemption from this 30m rule.
Another change was with regard to new permits for houses, which gave permission to construct an extra two storeys onto two-storey semi-detached, detached, or terraced properties to extend the existing home or create an entirely new dwelling. The maximum height for the property is 18m, and it must be under 3.5m below the terraced or semi-detached adjacent properties’ highest parts. For single-storey properties and bungalows, one additional storey can be constructed.
When it comes to mixed-use and commercial properties, the rule changes now allow for two additional storeys to be added onto terraced properties up to the maximum height of 18m as long as the additional storeys are no greater than 3.5m above the terrace’s highest part.
Single-storey commercial or mixed-use properties can now benefit from the additional of a single extra storey, while for freestanding commercial buildings, two additional storeys can be added as long as the property already has three storeys and is being used as a residential mixed-use home. Again, the maximum height is fixed at 30m.
One more change to the rules is with regard to fast-track planning. The government is trying to combat the length of time that planning takes by introducing fast-track measures to speed up the process of development for both single-family homes and blocks of flats. Anyone owning redundant or vacant freestanding buildings of 1000 square metres maximum is able to apply but their new project must maintain the original home’s footprint, be under 18m in height and a minimum of two storeys taller than the original building.
What Are The Benefits Of The New Rules?
By introducing the changes to the Permitted Development Rules in 2020, the government was aiming to give the construction industry a boost while also simplifying the process of extending properties for homeowners. The changes also focus on using brownfield land that is environmentally and economically more viable for towns and cities.
The benefits include being able to construct affordable housing more quickly, and to allow for easier maintenance of green belt land by simplifying the process of building upwards rather than outwards. The new rules will also result in less basement conversions and will help to protect garden space.
Do Permitted Developments Have Any Restrictions?
Unfortunately, any permitted development works that were undertaken before the time you bought your home will still count towards the property’s permitted development allocation. Your local authority will need to give prior approval by assessing your property before the commencement of works to ensure the guidelines are being met and that the impact of the project has been properly assessed.