What are permitted development rights?

Understanding Permitted Development Rights

When considering extending, altering, or adapting a property, many clients ask whether planning permission is required. In England and Wales, permitted development (PD) rights are a national set of rules that allow certain types of development to proceed without the need for a full planning application. Understanding what falls within these rights can save time and cost, but the rules are technical and context-specific.

At their broadest, permitted development rights cover a range of common domestic alterations, such as extensions, loft conversions, and outbuildings, as well as some non-residential works and specific changes of use. For homeowners, this often includes enlarging a dwelling or making alterations that do not materially alter the character of the building or its relationship with neighbouring properties. In commercial contexts, PD can also allow a change of use - for example, from offices or other commercial uses to residential - subject to defined criteria.

There are notable exceptions where permitted development rights may be restricted or removed altogether. Listed buildings are excluded from PD rights, meaning that any works affecting their character require Listed Building Consent. Properties within conservation areas, national parks, Areas of Outstanding Natural Beauty, or World Heritage Sites are often subject to tighter controls. In addition, local authorities can remove PD rights through an Article 4 Direction, typically where they wish to protect the character of an area. The latter is oftentimes deployed to control the conversion of homes to Houses in Multiple Occupancy (HMOs). In such cases, development that would normally be permitted instead requires full planning permission.

While there are particular areas where permitted development rights are removed, the Green Belt does not typically have this restriction (although commonly has restrictions for regular applications). Therefore you may be able to extend your home more utilising permitted development rights than with other application types.

It is important to note that permitted development is not always a blanket approval. Many forms of PD, particularly changes of use, are subject to a 'prior approval' process. This requires the local authority to consider specific matters such as transport, flood risk, contamination, or design before development can proceed. While this is not a full planning application, it is still a formal approval route that must be navigated carefully. Even if 'prior approval' is not required, it is good practice to submit an application for a 'Certificate of Lawful Development', confirming the property has the correct rights intact and that the proposals fall within the rules. This becomes particularly crucial when selling, letting or insuring your property.

Another common aspect to note is the relationship between permitted development and building control. Even where works fall within PD rights and do not require planning permission, they may still constitute 'building work' under the Building Regulations. Structural alterations, extensions, and changes affecting fire safety, insulation, drainage, or accessibility will usually require Building Regulations approval. PD relates only to planning control; it does not remove the need to comply with other statutory requirements.

Technical drawings will still be required for many types of building work in order to obtain Building Control approval; even if the scheme is under permitted development.

A frequent example of permitted development is a single storey rear extension to a house - this would typically require Building Control approval. To comply with PD rules, the extension must meet defined limits on size and height. Typically, it must not extend beyond the rear wall of the original house by more than 3 metres for a semi-detached or terraced house, or 4 metres for a detached house (with larger depths possible under the neighbour consultation scheme, approved under 'prior approval'). The maximum height is generally 4 metres for a pitched roof, or 3 metres for a flat roof, with additional restrictions near boundaries. Materials should be similar in appearance to the existing dwelling, and no more than 50% of the curtilage of the original house should be covered by extensions or outbuildings.

Given the number of variables involved - ranging from site constraints to historic designations - it is always advisable to seek early professional advice. An experienced architectural professional can confirm whether permitted development rights apply to your property, identify any risks or limitations, and help you understand what can realistically be achieved before work begins.

Get in touch with MWArchitectural today to begin discussing your project's needs: whether this is for a Certificate of Lawful Development application, initial advice on what might be achievable under permitted development or assistance understanding the required route to Building Control approval.