Understanding Permitted Development Rights: What Every Homeowner Should Know

When planning changes to your property, understanding permitted development rights is crucial. These rights allow you to extend or improve your home without needing full planning permission—provided your project adheres to the rules. By knowing where these rights apply, you can avoid costly mistakes and legal issues down the line.

What Are Permitted Development Rights?

Permitted development rights, outlined in Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015, are a set of government-granted rights. They give homeowners the flexibility to carry out specific types of building work without the need for formal planning permission.

However, these rights aren't a blank check to do as you wish. Factors like property type, development size, height, and appearance all come into play. Homes such as flats, maisonette, or any property in sensitive areas like conservation zones or National Parks—referred to as ‘Article 2(3) land’—are excluded from permitted development. If your project doesn't meet the detailed requirements under the law, then you’ll need to apply for planning permission.

Types of Development Covered

Under permitted development, various types of property improvements are allowed, provided strict conditions are followed. For example, Class A permits extensions or alterations like adding a single-storey rear extension to your house. Meanwhile, Class H covers the installation of microwave antennas like satellite dishes.

But beware—meeting these rules is non-negotiable. Exceeding the maximum height, depth, or area allowed could instantly invalidate your permitted development rights. This could leave you on the wrong side of planning regulations.

What Happens if You Breach Planning Permission?

Failing to comply with planning rules can lead to serious consequences. If you go ahead with a project and it turns out to exceed permitted limits, the local planning authority (LPA) may order you to submit a retrospective application. But there’s no guarantee it will be approved.

Even after filing a retrospective application, the LPA could issue an enforcement notice. This means you would legally have to undo the work—at your own expense—unless you successfully appeal. For buyers, a property with unauthorized work could be a red flag, leading to issues with mortgage approvals.

An additional risk arises if your local council has issued an Article 4 direction for your area. This removes permitted development rights entirely, meaning full planning permission is required for any project regardless of its size or scope.

Stay Compliant with These Steps

Understanding the rules and taking precautions can save you a lot of stress. Here's a step-by-step guide to staying compliant with permitted development regulations:

1. Contact Your Local Planning Authority (LPA): Before starting any work, discuss your project with your LPA to confirm if it qualifies for permitted development.

2. Check if ‘Prior Approval’ is Required: Even if your project falls within the permitted development scope, certain projects may require prior approval from the local council. The Planning Portal is a great resource to get started on this process.

3. Apply for a Lawful Development Certificate: While not mandatory, this certificate formally confirms that your project is lawful and meets the requirements. It’s particularly useful if you plan to sell your property in the future.

4. Meet Additional Regulations: Permitted development rights don’t mean you can skip other legal requirements, such as obtaining a Building Regulations Certificate, a Party Wall Agreement (if applicable), and a Build Over Agreement if your project is near a public sewer.

5. Notify Neighbours Under Prior Approval: For certain projects, you’ll need to notify your neighbours as part of this process. Their feedback will be considered, but note that objections can’t block the development if it truly meets permitted criteria.

Key Takeaways

Navigating the rules for permitted development can feel overwhelming, but it’s a necessary step to avoid legal and financial problems. Here are the three key points to remember:

• Check First: Always confirm with your LPA whether your project qualifies for permitted development rights before starting work.
• Understand the Fine Print: These rights don’t exempt you from other crucial requirements like building regulations or agreements.
• Be Prepared for Consequences: Breaching planning rules can lead to fines, enforced changes, and even mortgage issues.

By taking the right precautions and understanding your responsibilities, you can make your property development process smoother and avoid unnecessary liabilities. For added peace of mind, consult your local authority or a planning expert to ensure your dream project gets off to the right start.  

This blog was written by Elliott Mutlow Post Completion Executive with MJP Conveyancing. 

Disclaimer

This blog post is intended for informational purposes only and does not constitute legal advice. While every effort has been made to ensure the accuracy of the information provided, it is not a substitute for tailored advice from a qualified professional or legal advisor. Property development laws and regulations can vary and are subject to change, so we strongly recommend consulting with your local planning authority, a legal expert, or a planning consultant to address your specific circumstances. Reliance on the content of this blog is at your own risk, and we accept no liability for any actions taken or not taken based on its material.