Every self-build needs permission from the planning department, right? Well, not always. Some smaller self-build projects may fall under permitted development rights, meaning they don’t require planning permission at all.
These rights can save clients time and money during the early stages of their project, and it’s something a lot of our clients generally don’t know much about. We’ve put together a short guide to your permitted development rights to see if your project applies:
WHAT ARE YOUR PERMITTED DEVELOPMENT RIGHTS?
Permitted Development rights refer to the rights granted to property owners in the UK that allow them to extend or make certain types of changes to their properties without requiring a full planning application. These rights are granted by the government and are intended to streamline the process of making improvements to properties.
Under Permitted Development rights, property owners can carry out a range of development works, including extensions, loft conversions, and changes to the use of buildings, without having to go through the lengthy and sometimes complex planning permission process.
For your project to be protected by these rights, the initial proposal must meet a series of limitations, labelled Class A – H, to be classed as permitted development. It is therefore essential that any proposed household development is considered in the context of the Permitted Development rules to determine whether it benefits from Permitted Development rights and therefore does not require an application for planning permission.
It's important to note that Permitted Development rights are subject to certain limitations and conditions, so it's essential to understand these criteria before embarking on any development project. If planning permission is not required, there are sometimes other approvals that may be required. A Building Regulations certificate and a Party Wall agreement are two examples.
WHAT DOES (AND DOESN'T) FALL UNDER PERMITTED DEVELOPMENT?
To qualify for Permitted Development rights, certain criteria must be met. These criteria vary depending on the type of development, the location of the property and the size of your proposed extension/build. Some of the key criteria include:
- The development must be within the boundaries of the land associated with the main building. In Scotland, the limitations set a minimum distance of 10 metres between the extension and any boundary.
- The development must not exceed certain size limits. For example, housing extensions must not exceed a certain percentage of the original volume of the house.
- The development must not result in a significant impact on the amenity of neighbouring properties, such as loss of privacy or increased overshadowing.
-The development must not exceed the height of the highest part of the roof of the existing dwelling house.
You can read more about these limitations here. If you pay attention to these onerous restrictions, your enlargement, improvement or other alteration project may save a little bit of money on application fees.
There are some situations where full planning permission must be granted regardless of the development details. These include:
- Developments that sit in designated areas, such as Conservation areas, areas of Outstanding Natural Beauty and National Parks.
- Listed Buildings (Unless listed building consent is obtained)
- Large extensions that wrap around your dwelling.
- New build houses will occasionally have their permitted development rights rescinded as a condition of planning consent when they were constructed.
ARE THE RIGHTS DIFFERENT IN ENGLAND AND SCOTLAND?
All development is governed by parliament rather than your local authority, which means the rights slightly differ between each country. Although the documentation is different, in our experience, they are all very similar in nature. You can view the documentation for each country by clicking below:
- Rights in Scotland
- Rights in England
- Rights in Wales
- Rights in Northern Ireland
ACQUIRING A LAWFUL DEVELOPMENT CERTIFICATE?
Although not a requirement, AC Architects recommend you obtain a Lawful Development Certificate (LDC) to protect and ensure your Permitted Development rights. You can apply for a certificate through the government planning portal.
The application process requires submission of your drawings for your local authority to review, as well as drawings of any existing buildings and a site & location plan. Once submitted, you should expect your certificate within 8 – 10 weeks. The cost of this certificate varies depending on your location, but you can view an example of the pricing structure here.
This documentation acts as a form of proof that your project was completed lawfully, should you receive complaints from your neighbours, or decide to sell your property in the future.
Now that you understand your Permitted Development rights, should you try and build to them? Ultimately, it’s your decision. It’s always a bonus if your self-build project doesn’t require the full planning application process, but the priority should be to get what you originally sought after. Before your project gets underway, we do recommend you read up on these rights to see if you meet the criteria.
