A home owner’s guide to Permitted Development Rights 2022

Did you know?

You may be able to make changes to your property without applying for planning permission. Many people aren’t aware of this and may hesitate when there is no need. Simply put, if you have a house and are looking to develop your property, such as with a home extension or loft conversion, then you may be able to benefit from what’s known as Permitted Development. If have not already, check out planning portal for more information.

This means that you do not need to seek planning permission to carry out certain types of works to your home. Typically, to qualify, your property would have to have been built before 1948 – houses that were built after that date may not benefit from these regulations. 

Have your PD rights been removed and why?

It is essential to point out that permitted development doesn’t apply equally in all areas. If your property falls within a designated area, then permitted development rights are more restricted. A designated area usually controls within the following:

• a Conservation area,
• a National Park,
• an Area of Outstanding Natural Beauty,
• a World Heritage Site.

Commercial properties have different permitted development to residential properties, so be sure to get up to date advice for either type.

Be careful and do your due diligence!

Permitted development is not generally available for flats (although it may be available for some whole blocks of flats), maisonettes, listed buildings or other buildings such as some new builds. 

A common issue we come across is the homeowner who assumes they have permitted development rights without having sought advice or done their research properly.  Sometimes, we find that people have started or completed works without planning permission!

This could be a time consuming and costly mistake. You may have to submit a retrospective planning application or, worse, take down your development. 

Before undertaking any form of development, we highly recommend that you should get a professional’s opinion. See why choosing us is the safest option.

So, what are permitted development rights?

In a nutshell, this is a scheme introduced by the government to process certain types of developments quickly and efficiently.

Permitted development allows you to carry out your development without needing planning permission or going through the planning system – so no conventional formal planning applications are required. 

The permitted development regime reduces the timescale needed to carry out your development and there is less paperwork involved.

Get the paper work done anyway!

However, – and this is an important caveat – just because you benefit from permitted development rights it doesn’t mean there’s no paperwork, nor does it do away with the need to deal with your local planning authority.

It just means that your proposals are likely to be approved – as long as they conform to the permitted development guidelines.

Reassurance and long-term benefits

Having the approved documentation – a permitted development certificate – provides peace of mind. It adds value to the property and it should keep your neighbours informed and happy. 

By having the certification you’ll be able to reduce additional paperwork, high solicitor’s fees, and wasted time should you have gone ahead without any form of approval.

Now as you may know…

You may have heard that there were some changes to permitted development rights in August 2020. 

Essentially, the new changes mean you can do more to your property without needing planning permission – but this still doesn’t mean you should do it without taking professional advice as to what paperwork you will need!

Two storey / one storey developments

Where the existing house consists of two or more storeys, homeowners are now entitled to increase the size of their homes by adding two additional storeys. Likewise, where there is one existing storey, one additional floor may be added.

Like the larger home extension scheme introduced by the government the changes to permitted development rights can be viewed as a way to stimulate the regeneration of towns and cities as part of the response to the COVID-19 epidemic.

Our recommendations

The best thing you can do is to hire an expert right from the beginning to guide you through each step. Don’t hesitate to get in touch with us.

With or without professional advice, you should apply to your planning authority for a lawful development certificate for your development to prove that what you’re going to do is lawful. The process will take 6-8 weeks.

Pay for certainty

And yes, while we have previously said that permitted development saves time going through the planning system, don’t forget you still need the certainty of knowing that your planned work is permitted development and does not require full planning permission. 

One benefit, however, is that permitted development projects are assessed against the criteria of national planning policies and not those of your local planning authority. 

Your development will either meet the criteria or it will not. 

Either way, you avoid the ‘grey areas’ or subjective opinions of planning officers. 

Our reasoning

If you’re going to spend thousands of pounds and potentially have intrusive construction running for many weeks, it pays to have the paperwork and preparation done before starting work. 

This will give you the peace of mind you need.

When you think about it, you need the drawings to begin with, so it’s better to anticipate other requirements from the start too.

Don’t forget building control

While with permitted development you may be able to avoid taking your project through the full planning system, it is likely you will still require building control compliance

Most developments must satisfy UK building regulations. 

This would typically involve hiring experts to prepare a set of technical drawings for your contractor to follow, thus ensuring they meet all legal and regulatory requirements. Click here for more information on building control.

Who else do you need to get in touch with?

You will also need input from a number of professionals and organising this is one of the services we are happy to offer. 

This might be engaging with some of the following to ensure the work is carried out correctly and to British Standards.:

• a structural engineer
• drainage surveyor (check out the developer services section at Thames Water)
• party wall surveyor
• other professionals ensure the work is carried out correctly and to British Standards.

As with all building and development projects, success lies in combining the broad conceptual sweeps of aspiration & design with a forensic attention to detail – another reason to get in touch with Divi-Design.