When it comes to making changes to your property or changing how it’s used, the idea of navigating the planning process can feel like a hassle. But what if I told you that certain building works and changes of use can be done without the need to go through this whole process? Enter: Permitted Development Rights.
What are Permitted Development Rights?
In simple terms, Permitted Development Rights (PDRs) refer to the automatic planning permission granted by national regulations for certain building works and changes of use. Where PDRs apply, you won’t have to apply to your local planning authority for planning permission, provided that your development meets all the relevant restrictions, limitations, and conditions.
PDRs are laid out in the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended), which is continually being updated with new and amended rights.
Not every property has the same PDRs, though. Some properties may have even had their PDRs removed altogether.
It’s also important to note that even if your project is within the scope of PDRs, you will still need to meet the requirements of other regimes such as the Party Wall Act and Building Regulations and adhere to any restrictive covenants attached to the land.
Now, let’s get into the types of projects that most commonly fall under PDRs.
Householder developments
1. Home extensions
One of the most popular ways people use PDRs is for home extensions. Under PDRs, you can often add a range of extensions such as single- and double-storey rear extensions, dormer windows, and porches, provided that these meet certain criteria.
2. Garage conversions
Turning a garage into usable living space? As long as you’re not planning to turn it into an entirely separate living unit, this might not require planning permission from your local planning authority either. Most garage conversions involve only minor external changes, so they typically fall under PDRs. However, your local council might have imposed a condition on an existing planning permission to prevent the loss of parking, so you’ll need to check for any restrictions specific to your property.
3. Garden buildings
Garden rooms, sheds, and outbuildings are becoming increasingly popular, whether for home offices, gyms, or storage. PDRs allow you to construct these as long as they meet certain criteria and are used for purposes “incidental” to the enjoyment of the house (i.e., not as primary living space).
4. Porches
Fancy a new porch? This is a quick and easy upgrade that usually doesn’t need planning permission from your local planning authority, subject to certain criteria.
5. Solar panels
Looking to make your home more eco-friendly? You can install solar panels on your roof under PDRs if these meet certain criteria. It’s a great way to improve energy efficiency without dealing with extra paperwork.
6. Fences and boundary walls
You can often put up a new fence or boundary wall without planning permission from your local planning authority, as long as it’s no more than 2 meters in height (or 1 meter if it’s next to a highway). It’s a simple way to improve privacy and security around your home.
Changes of use
PDRs don’t just apply to physical changes like extensions—they can also apply to changes in the use of a property. This means you might not need planning permission from your local council to change the way a building is used. Let’s look at some of the most common examples.
1. Commercial to residential conversions
With the decline of some commercial properties and the growing demand for housing, converting commercial premises to residential use is an increasingly popular choice. Under Class MA of the permitted development regulations, you can often convert many types of commercial buildings (e.g., shops, offices, restaurants) into residential units without the need for a full planning application, subject to various criteria.
To exercise this PDR, you’ll first have to obtain prior approval from your local council to confirm that the conversion is acceptable in terms of its impact on highways safety, contamination risks, provision of natural light to residential units, and several other matters.
2. Dwellinghouses to HMOs and vice versa
Turning a single dwellinghouse into a House in Multiple Occupation (HMO), or converting an HMO back into a single-family dwellinghouse, is another common use of PDRs.
Under Class L of the permitted development regulations, you can convert a house into an HMO for between 3 to 6 unrelated occupants without applying for planning permission, subject to various criteria.
This is great news for landlords who want to maximise rental income by turning their property into an HMO. However, it’s important to note that many local councils have introduced Article 4 Directions, which remove this right in certain areas (often due to concerns about the concentration of HMOs).
Similarly, converting an HMO back into a single dwellinghouse usually doesn’t require planning permission under the same rules.
Where do PDRs not apply?
While PDRs can simplify many projects, they don’t always apply. There are many reasons why PDRs might not apply, but the most common are outlined below.
1. Flats and maisonettes
Flats and maisonettes don’t benefit from most PDRs. However, small installations such as solar panels may still be allowed, and it’s sometimes possible to extend detached, purpose-built blocks of flats upwards subject to obtaining prior approval from the local council.
2. Article 4 directions
In some cases, Article 4 Directions are issued by local councils to protect the amenity, character, or function of a particular area by removing certain PDRs. This can apply to a specific site or cover large areas. If an Article 4 Direction is in place, it doesn’t necessarily mean the development is forbidden—it simply means you will need to apply to your local council for planning permission.
3. Conservation areas
Some PDRs are removed in conservation areas, and the ones that still apply often come with additional restrictions. For example, you will need planning permission from your local council for double-storey rear extensions and larger single-storey rear extensions in these areas. Even for single-storey rear extensions that are allowed under PDRs, you cannot use certain types of exterior cladding without obtaining permission from your local council.
4. Listed buildings
Many PDRs, such as the right to build outbuildings, are removed for listed buildings, and many of the PDRs that still apply come with additional restrictions. You will also still need Listed Building Consent for most work to these properties.
5. Removed by a planning condition
When a local authority grants permission, it can sometimes attach a preclusive condition, which restricts future development by removing certain PDRs. If your property is affected by such a condition, you’ll need to apply for planning permission for any relevant works. Alternatively, you can apply to your local council to have the condition removed.
Establishing that your proposal is permitted development
Before starting your development, it is a good idea to apply to your local planning authority for a certificate of lawfulness (also known as a lawful development certificate). Essentially, this establishes that your proposal is in fact permitted development, giving you assurance that you do not need to apply for planning permission.
For PDRs that do not require you to obtain prior approval from your local council, it is possible to apply for a certificate of lawfulness after completing the works to confirm that the completed development is permitted development, thus eliminating the need to apply for retrospective planning permission.
Are PDRs the best course of action?
When understood and exercised correctly, PDRs can save you much time, effort and money. However, working strictly in accordance with what your PDRs allow for might not be the best option. For example, you could instead leverage your PDRs as a 'fallback position' when applying for something slightly larger than what your PDRs allow for. In this situation, the council can only assess the impact of the larger proposal in terms of how it differs from the impact of the fallback position.
Not sure if you need planning permission? Get in touch!
If you’re not sure whether your project qualifies for PDRs, or if you have questions about your specific situation, why not take advantage of our Free Consultation service? You’ll get case specific advice from a council planner turned consultant on a completely free and zero-commitment basis.
The information contained in this article may have become out of date since it was written. Under no circumstances shall the information contained in this article be taken as professional advice.