Permitted development rights: what you can build without planning permission

The idea

Rather than ask every householder to apply for permission for small, common works, the government grants permission through a national order, known in England as the General Permitted Development Order. If your work fits the limits, you do not need to apply to the council. Different "classes" cover different works, such as extensions, loft conversions, outbuildings, porches and some changes of use.

What it commonly covers

Typical examples for houses include:

• some rear and side extensions;
• some roof alterations and loft conversions, including rooflights and dormers;
• some outbuildings in the garden;
• porches;
• some changes to windows and doors;
• some hard surfaces;
• some solar panels and other equipment.

Each class has limits on size, height, position, materials and sometimes the number of times you can use it. A small difference can take a project outside the rights.

If your work fits the limits, you do not need to apply to the council.

When the rights do not apply

Rights are often removed or restricted:

• Flats and maisonettes do not normally have the same rights as houses.
• Listed buildings are covered by separate consent rules. See Listed buildings.
• Conservation areas, National Parks and similar areas have tighter limits.
• Article 4 directions made by a council can remove particular rights in an area.
• Conditions on an earlier planning permission may remove them.
• Houses formed by certain changes of use may have fewer rights.

Prior approval

Some works are permitted only after you notify the council and it confirms that it does not need to approve certain details, such as neighbours' views for larger single-storey extensions. This is called prior approval. It has its own time limits and process.

Get it in writing: the lawful development certificate

Because the rules are intricate, many people apply for a lawful development certificate to confirm in writing that proposed work is lawful as permitted development. It can help when selling a property, and it protects against later disputes. Ask whether it is worth it for your project.

Other rules still apply

Permitted development gives planning permission only. You must still comply with:

• Building Regulations. See Building Regulations explained.
• The Party Wall etc. Act 1996, where relevant. See The Party Wall Act.
• Covenants, leases and other private rights.
• Wildlife law, such as the protection of bats.
• Health and safety. See CDM Regulations.

A quick checklist

1. Is it a house, and not a flat?
2. Is it listed, or in a conservation area or similar?
3. Is there an Article 4 direction?
4. Were any rights removed by an earlier permission?
5. Does the work fit the limits of the class?
6. Do you need prior approval?
7. Have you checked Building Regulations and other consents?

In short

Permitted development can save time, but it is detailed and easy to get wrong. Check carefully, consider a lawful development certificate, and take advice from a professional.

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