Permitted Development Rights Explained

A comprehensive guide to permitted development rights in England - what they allow, their limits, and when they do not apply.

Permitted development rights allow homeowners to carry out certain types of building work without needing to apply for planning permission. These rights are granted by Parliament through the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended).

What Are Permitted Development Rights?

Permitted development (PD) rights are a national grant of planning permission. They allow specific types of development to go ahead without requiring a formal planning application, provided the work meets certain conditions and limits.

Think of it as planning permission that has already been granted in advance, as long as you stay within the rules.

What Can You Do Under Permitted Development?

The most common types of work covered by PD rights for houses include:

Rear extensions - single storey up to 4m (detached) or 3m (other houses) from the rear wall; up to 8m/6m under prior approval
Side extensions - single storey, up to half the width of the original house
Loft conversions - up to 40 cubic metres (terraced/semi) or 50 cubic metres (detached), no higher than the existing roof
Outbuildings - sheds, garages, summer houses within certain size and height limits
Porches - up to 3 square metres, no higher than 3m, at least 2m from a highway
Fences, walls and gates - up to 1m adjacent to a highway, 2m elsewhere
Solar panels - on a roof, not protruding more than 200mm
Hard surfaces - driveways using permeable materials (or draining to a permeable area)

Key Conditions and Limits

PD rights come with strict conditions. Common ones include:

Materials should be similar in appearance to the existing house
Extensions must not cover more than 50% of the garden area
No part of the extension should be higher than the highest part of the existing roof
Side extensions must be single storey with a maximum height of 4m
Upper-storey rear windows must be obscure-glazed and non-opening (below 1.7m)
Development must not extend forward of the principal elevation facing a highway

When PD Rights Do Not Apply

Permitted development rights are removed or restricted in several situations:

Flats and maisonettes - PD rights apply to houses, not flats
Listed buildings - you need listed building consent for most alterations
Conservation areas - restrictions on side extensions, cladding, and some outbuildings
National parks, AONBs, the Broads, and World Heritage Sites - tighter limits apply
Article 4 Directions - the council can remove specific PD rights in defined areas
New-build estates - developers sometimes remove PD rights as a condition of the original planning permission

Prior Approval

Some larger PD projects require prior approval from the council. This is a lighter process than a full planning application. The council can only consider specific matters such as the impact on neighbours, appearance, and transport. Common prior approval projects include larger rear extensions and commercial-to-residential conversions.

Lawful Development Certificates

If you want certainty that your project is genuinely permitted development, you can apply for a Lawful Development Certificate (LDC). This is a formal confirmation from the council that your proposed work does not need planning permission. It costs £129 for proposed development and is highly recommended before starting work - especially if you plan to sell the property in the future.