Permitted development rights and restrictions
The Town and Country Planning (General Permitted Development) Order 1995, also known as 'the GPDO', is government legislation that grants automatic planning permission for certain types of development (for example certain types of extensions and alterations). Such development is called 'permitted development', and does not require planning permission from the council.
Part 1 of the GPDO relates to works to houses, and is the part meant when most people talk about 'permitted development' rights.
Although most houses benefit from these permitted development rights, there are a number of exceptions, including the following:
- Flats and maisonettes (whether purpose-built or converted) do not benefit from these types of permitted development rights
- Some houses have had their permitted development rights removed by an Article 4 direction
- Some houses have had their permitted development rights removed by a condition on a previous planning permission. For example, this can be the case for houses that have been built in the last 30-40 years, or for houses that have been converted (such as from flats to a house, or from a commercial property into a house) in the last 30-40 years.
If a house benefits from permitted development rights but is situated within a conservation area, then its rights will be reduced (for example no side extension or no roof extensions etc).
If a house benefits from permitted development rights but is a listed building, then its rights will be reduced (for example no outbuildings etc) and most works will still require listed building consent.
If you wish to undertake works that are permitted development, then such works do not require planning permission from the council (because they are granted planning permission by the GPDO). However, please note the following:
- The fact that works are permitted under planning legislation does not change whether or not they require approval under other areas of legislation, such as the Building Regulations, the Party Wall Act, etc.
- Prior to undertaking substantial works, it is strongly recommended that you apply to the council for a 'certificate of lawfulness'. This is an optional application that asks the council to confirm in a legal document that the proposed works would be lawful (that they would comply with the GPDO). A certificate can give peace of mind before you start works, and may be required during any future sale of your property. It is strongly recommended that you apply for a certificate of lawfulness before starting works, because the GPDO can be difficult to interpret, and it is not uncommon for people to make mistakes with this type of legislation.
Because the GPDO is government legislation, the best place to find out more about permitted development rights is the government website the Planning Portal. If you have any questions after reading the information on the Planning Portal then please do contact us. Please note that at a pre-application stage, we can only provide informal guidance on permitted development rights. The only way that the council can formally confirm that proposed works would be 'permitted development' is via a formal applications for a certificate of lawfulness.
Useful Government guidance: