Permitted development rights guide

There is a whole raft of projects you can complete to extend and enhance your home without needing to go through planning permission. Find out everything you need to know including a list of projects allowed under permitted development rights and government proposals to relax the rules in 2024.

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What is permitted development?

Permitted development rights entitle you to extend or renovate your home without the need for a full planning application. This is a fantastic option for anyone who is looking to avoid the subjective nature of a traditional planning application. Not to mention, the administration, time and costs involved with obtaining planning permission. This permitted development guide will show you what you’ll be able to build. So long as, your designs are in line with the guidelines. So whether you would like to take the uncertainty out of the planning process, or live in a strict local planning authority, this could be the best route for you to follow.

Permitted development rules 2024

The following guide covers the current permitted development rules. But there may be changes afoot.

In February 2024, a consultation on permitted development was published proposing changes to let homeowners build wider and taller extensions without planning permission. It also sets out proposals to get rid of rules that mean any extension can’t make up more than 50% of the land surrounding the house – this is known as the “curtilage”. And also to allow homeowners to convert as much loft space as they want to without permission. The proposed changes also include making it easier for developers to convert commercial buildings into new homes, as well as demolishing unused buildings and bringing empty sites into development. You can submit your views to the consultation until 9 April 2024.

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In October’s Autumn statement, the government said it would consult on a new permitted development right to allow any house to be converted into two flats provided the exterior remains unaffected. But there is little information on this consultation process and when this will come into effect.

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What projects are considered permitted development?

In the last few years, permitted development rights have expanded to encompass a wide range of projects. But, you’ll need to be sure your project meets the rules. If it veers beyond what is permitted, you will have to apply for full planning permission.

Here are the major projects you can build under permitted development rights.

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Here's a list of the possible development projects that could be undertaken in England, within the constraints & gudielines:

• Rear Extension - One and two storey

• Side extensions

• Loft conversion

• Garage conversions

• Porches,  Garden rooms and outbuildings

• External render & cladding rules

• Change of use - business to residential

• Building a new storey

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When might permitted development rights not apply?

Not every home can benefit from the above permitted development rights. Notable exclusions include…

• Flats

• Maisonettes

• Listed buildings

If you live in a flat, maisonette or listed property, you’ll need to check with your Local Planning Authority whether permitted development rights apply. They may have been removed by what are known as Article 4 directions.

Homes in conservation areas will also find their rights limited or even suspended, and there might be restrictions on what can be done with certain new build developments.

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If you live in a leasehold property you’ll need to get your leaseholders permission for major alterations. Read our guide Building an extension – how & when to get freeholder consent.

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What is an Article 4 direction?

An article 4 direction is a direction under article 4 of the General Permitted Development Order which enables the Secretary of State or the local planning authority to withdraw specified permitted development rights across a defined area.

It is usually enacted because local authorities feel works could threaten the character of an area. They are commonly used in conservation areas. If your home sits in an area where Article 4 is in effect, don’t panic. Your project may still be able to go ahead, you’ll just need a full planning application in order to get it off the ground.

To find out whether Article 4 may affect your project, you can either reach out to your local authority for advice or discuss your project with a planning expert. 

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Permitted development rights changes

As with any planning policy, permitted development rights are liable to change. For instance, in 2020, this scheme underwent a major shake-up. Several large-scale projects were added to the guidelines, including two-storey extensions and the ability to add an additional storey to your property. We’ve also seen the larger home extension scheme come under the umbrella of permitted development, with the caveat of prior approval being required for anyone looking to add a rear extension larger than 4/3m to their home. 

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To make sure your plans are up to date, we always recommend working with a designer or architect with prior permitted development experience.

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Do I need a lawful development certificate for permitted development?

A lawful development certificate (LDC) is not compulsory, but not having one in place puts you at risk. For example, if your designs unknowingly deviate from the guidelines, you could face fines and even be asked to demolish your build. 

And when it comes to selling your home, you’ll need to prove to your buyers that your projects were completed within the permitted development rights of the time. It is far simpler and quicker to do this if you have a lawful development certificate. You’ll then be able to prove to future buyers the space is legal without any delay or uncertainty .

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You can apply to your local council for an LDC via the Planning Portal online application service. The application must provide sufficient information for the council to decide the application or else it may be refused. You will have to pay a fee.

If applying for a lawful development certificate feels daunting, you can always have an architect or other planning service manage the process on your behalf. Though securing a certificate will take a couple of months, the peace of mind it provides may make it worth the wait. 

If your application is partly or wholly refused or is granted differently from what you asked for, or is not determined within the time limit of 8 weeks, you can appeal. You can appeal to the Planning Inspectorate.

Do I need to think about the Party Wall Act?

If your project affects either a shared wall or boundary, you need to have a party wall agreement with your neighbour. If this applies to your project, you need to serve a party wall notice at least 2 months before construction begins. Should you receive written consent within 14 days, you’ll be able to proceed with your build. If not, then you need will need a party wall surveyor to draw up a party wall agreement.