Permitted Development — A Comprehensive Guide

What is Permitted Development?

Permitted development is a term that often surfaces in discussions surrounding property development in the UK. This concept grants property owners certain rights to carry out specific types of development without the need for full planning permission. It’s an attractive option for those looking to make changes to their properties or embark on development projects swiftly.

Permitted development rights allow property owners to make alterations or extensions to their properties within predefined limits. These rights aim to simplify the planning process for minor developments, making it more accessible and less time-consuming.

Permitted development rights were introduced in the Town and Country Planning Act 1947. Their purpose was to streamline the development process for minor projects, such as small extensions and alterations to residential properties.

Who Can Use Permitted Development Rights?

Homeowners: Homeowners in the UK can benefit from permitted development rights when making certain alterations to their properties. This includes loft conversions, single-story extensions, and conservatories, provided they meet specific criteria.

Property Developers: Property developers can also take advantage of permitted development rights for various projects, such as converting commercial properties into residential units or changing the use of a building without full planning permission.

Business Owners: Business owners looking to expand their premises or make certain changes to their properties may find permitted development rights useful, as it can speed up the process and reduce bureaucracy.

What is Permitted Development Used For?

Residential Development: Permitted development is commonly used for residential projects, allowing homeowners to improve their living spaces without the need for lengthy planning applications. It covers aspects like house extensions, loft conversions, and basement developments.

Commercial Development: For commercial properties, permitted development rights can facilitate changes of use, such as converting offices into residential spaces, creating shops, or altering the internal layout of a building.

Agricultural Development: Agricultural property owners can also utilize permitted development rights to construct agricultural buildings or make changes to existing ones, provided they adhere to specific guidelines.

Where Permitted Development Might Not Apply

Conservation Areas: Permitted development rights may be restricted or curtailed in conservation areas to preserve the historical and architectural character of these locations.

Listed Buildings: Listed buildings are subject to stricter regulations, and many alterations or developments require planning permission to protect their historic significance.

Areas of Outstanding Natural Beauty: In areas of outstanding natural beauty, permitted development rights may be restricted to safeguard the scenic and environmental value of these regions.

Benefits of Permitted Development

Before proceeding with any development under permitted development rights, it’s essential to assess whether your project falls within the specified criteria.

Permitted development offers several advantages, including time and cost savings. It allows property owners and developers to bring their ideas to fruition more quickly and with fewer administrative hurdles.

If your project does not qualify for permitted development rights or if you wish to make significant changes, you will need to apply for planning permission through the local authority.

Common Misconceptions

Unlimited Freedom: While permitted development rights offer flexibility, they are not without limits. It’s crucial to understand these limitations to avoid legal complications.

Impact on Neighbours: Permitted development projects can sometimes affect neighbouring properties. Maintaining good communication with neighbours is essential to avoid disputes.

Permitted Development vs. Planning Permission

Understanding the distinction between permitted development and planning permission is fundamental when embarking on any property development project in the UK. Here’s a detailed comparison:

Permitted Development:

• Permitted development rights are a set of pre-established rules and regulations that allow property owners to carry out certain types of developments without the need for full planning permission.
• These rights are more lenient in terms of time and paperwork, making them suitable for minor developments.
• Permitted development is primarily designed for smaller projects, such as house extensions, loft conversions, and minor alterations.
• It is subject to specific limitations and conditions, including the size and location of the proposed development.

Planning Permission:

• Planning permission is a formal approval granted by the local planning authority for a proposed development project.
• It is a comprehensive process that involves submitting detailed plans, paying application fees, and often undergoing public consultations.
• Planning permission is required for more significant and complex projects, such as large-scale housing developments, commercial buildings, and projects in sensitive areas.
• The decision process for planning permission can be more time-consuming and involves a higher level of scrutiny.

In essence, the choice between permitted development and planning permission depends on the nature and scale of your project. While permitted development offers a quicker and more straightforward route for minor changes, larger developments with greater impact may necessitate planning permission.

Even though permitted development offers more straightforward planning procedures, maintaining good design and aesthetics is still crucial. Consider the environmental impact of your development project, as sustainability and eco-friendly practices are becoming increasingly important.

Ground Floor Extensions

When thinking of adding a rear ground floor extension to your home, it’s essential to know how much space you can play with. Permitted development allows you to add on to your home without too much fuss, but it’s not a free-for-all. There’s a limit: you can only cover up to 50% of the land around the “original house” — that’s the house as it was first built or as it stood on July 1, 1948, if it’s older than that.

Here’s the kicker: this 50% includes all the sheds, garages, and other buildings that might already be taking up space in your garden. And if you’ve already built an extension, that counts too. However, the area your house covers isn’t included in this 50%, just the extra bits you’ve added or might want to add. Whether these buildings were there when you bought the house or you’ve added them over the years, they all count towards the limit. The aim is to keep your garden space open and ensure that everyone has room to breathe.

Size Matters:

For single-storey extensions, the maximum depth is three meters for semi-detached or terraced houses, and four meters for detached houses. The height regulations are specific: extensions must not exceed four meters in height to the top of the ridge and no more than three meters to the eaves. When it comes to roof types, a dual-pitched roof’s highest point must align with the existing ridge line, while flat roofs are commonly kept lower to minimize visual impact.

When it comes to the height – it’s all about the eaves, which is a fancy way of saying where the bottom of your roof (no matter if it’s sloped or flat) meets the walls of your house. At the very edge of your property, the maximum height your extension can reach is limited to ensure it fits in nicely and doesn’t overshadow your neighbours. When building upto or close to a boundary the height of the extension is limited to 3m.

Materials used should match the existing structure, ensuring the extension blends with the original building. These guidelines are designed to maintain a uniform look in residential areas while allowing homeowners to enhance their living space.

Prior Approval (going upto 8m!):

If you live in a detached house, there’s good news! You can take advantage of a special provision called “prior approval” which allows you to stretch your single-storey rear extension up to a generous 8 meters from the original back wall of your home. For those in semi-detached or terraced houses, you can still make quite the improvement with a 6-meter allowance.

Here’s the scoop: while ‘prior approval’ sounds official, it’s actually a fairly straight forward check with your local planning authority to make sure your neighbours are happy with the build. It’s not as in-depth as a full planning application, but it’s a step you need to take to keep everyone on board and informed. Think of it as “Advanced Permitted Development”. The council will reach out to your neighbours for written consent, making sure that everyone who might be affected by your new extension gives their approval. It’s a way to maintain neighbourly harmony while you transform your home. Once everyone’s on board, you’re all set to bring that dream space to life! Just remember, this extension should be for the ground floor only.

Loft Conversions

Under permitted development rights, many loft conversions don’t need a full planning application, making it a smoother journey to add value and space to your home.

Here’s the lowdown: you can generally convert your loft as long as you stick within certain limits. Keep the additional volume under 40 cubic meters for terraced houses and 50 cubic meters for detached and semi-detached homes. But remember, this includes any previous additions or roof extensions, so it’s a good idea to check what’s already been done.

Height-wise, your new loft space should play nice with the existing roofline. No raising the roof—literally! Any extension to the roof must be below the existing ridge height of the property. 

And here’s a handy tip: for the windows on the side, they need to be frosted or obscure-glazed, and any opening parts should be more than 1.7 meters above the floor. This way, you get natural light without giving your neighbors an unintended peep show.

A crucial detail to consider for the front of your house — the part that faces the street. It’s important that any changes you make don’t extend beyond the existing slope of your front roof. Think of it like this: if someone’s looking at your house from the road, they shouldn’t see your new loft conversion. This rule helps keep the street view of your home looking consistent and in harmony with the neighborhood’s vibe. However, you can add velux windows tot he roof slope as part of your Permitted Development – this is the only change allowed on the front part of the roof.

Other Considerations

Thinking about adding a snazzy balcony to your new loft conversion? Hold that thought — balconies aren’t covered by the easy-going permitted development rules. For those, you’ll need to go through the formal planning permission process to get the green light.

Now, onto another common aspect of loft conversions: updating the chimney, flues, or those essential soil and vent pipes. It’s pretty standard stuff when transforming your loft, but here’s a handy tip: if you’re considering removing or altering these, it’s all smooth sailing as long as they don’t stick up more than a meter above your roof’s highest point.

In terms of design there are some subtle differences between a permitted development and planning approved loft conversion. For permitted development, the extension must be set back slightly from the eaves (the edge of the roof slope) and within the curtilage of the existing property – that means you cannot raise any parapet walls separating you from your neighbour. Compared to the planning permission process, there’s some subtle differences in design. For instance, under planning permission the back wall of your loft usually requires a gentle slope to it, adding a bit of character but reducing useable space. But with permitted development, you can keep that back wall vertical, giving you a crisp, clean finish. So, depending on the look and feel you’re going for, and how much wiggle room you want with the rules, you might choose one path over the other for your loft transformation.

Conclusion

In conclusion, permitted development rights provide a valuable avenue for property owners and developers in the UK to streamline the development process. However, it’s essential to navigate these rights with care, considering the specific context and limitations of your project.

Get in touch with us today and let our team of experienced designers guide you through the correct desing process to achieve your permitted development goals.

FAQs

1. Can I use permitted development rights for any property?
Permitted development rights apply to various property types, but specific conditions must be met. Contact us today for guidance on what you can do.

2.Do I need to inform my neighbours about my permitted development plans?
While not required by law, it’s advisable to inform neighbours to maintain positive relationships and prevent potential disputes. For ‘Prior Approval’ extensions, you will need consultation with your neighbours.

3.How long does it take to get a permitted development decision?
The processing time varies, but many smaller projects receive decisions within eight weeks.

4.Are there any restrictions on the size of extensions?
Yes, there are size limitations for extensions under permitted development rights. These vary depending on property type and location.

5.What should I do if my project falls outside permitted development rights?
If your project doesn’t qualify, you will need to apply for planning permission. Get in touch with us today for guidance on the application process as we have vast experience in this area.

In this ever-evolving real estate landscape, understanding permitted development rights in the UK can open doors to efficient and hassle-free property development. Whether you’re a homeowner, property developer, or business owner, being well-informed about these rights can be the key to unlocking your property’s full potential.