Permitted Development Rights for Flats: What's Allowed?

What permitted development rights apply to flats and maisonettes - and why they are much more limited than for houses.

If you live in a flat or maisonette, your permitted development rights are significantly more limited than those for a house. Most of the PD rights that allow homeowners to build extensions, loft conversions, and outbuildings do not apply to flats. Understanding what you can and cannot do is essential before planning any improvements.

Why Are Flats Different?

Permitted development rights under Part 1 of the General Permitted Development Order - which covers the most common home improvements - apply only to dwellinghouses. The legal definition of a dwellinghouse specifically excludes flats and maisonettes.

This is because:

• Flats share structural elements with other properties - alterations can affect the whole building
• External changes to one flat affect the appearance of the building as seen by all residents and the public
• Flat conversions and alterations often have implications for shared services, access, fire safety, and structural integrity

What You CAN Do Without Planning Permission

The PD rights that do apply to flats are very limited:

Internal alterations

Works that are entirely internal and do not affect the external appearance of the building generally do not require planning permission. This includes:

• Redecorating, re-flooring, and re-fitting kitchens and bathrooms
• Removing non-load-bearing internal partition walls
• Installing new lighting, heating, or electrical systems

However, internal works may still require building regulations approval (particularly structural alterations and electrical work) and may require consent from the freeholder under the terms of your lease.

Satellite dishes and antennas (Part 1, Class H)

You can install a satellite dish on a flat, subject to the standard satellite dish PD conditions (not on a chimney, not on the highway-facing elevation in conservation areas, etc.). However, you typically need the freeholder's consent to fix anything to the exterior of the building, even if planning permission is not required.

EV chargers

Installing an EV charger in a shared car park serving a block of flats is more complex. You will likely need the freeholder's consent and may need planning permission depending on the installation.

What You CANNOT Do Without Planning Permission

The following common home improvements are not permitted development for flats:

• Extensions - including rear, side, and single-storey extensions
• Loft conversions - even if you own the loft space
• Outbuildings - sheds, garden rooms, garages in a shared garden are not PD for flats
• Porches
• External cladding or render
• Solar panels - if they require alteration to the external appearance (though panels on a flat roof that cannot be seen may be arguable)
• Dormer windows
• Balconies and raised platforms

For any of these improvements, you will need to submit a planning application to the council - and in most cases, you will also need consent from the freeholder or management company.

Upward Extensions (Class AA)

Since August 2020, Class AA of the GPDO allows the upward extension of purpose-built blocks of flats by up to 2 additional storeys through prior approval. This is designed to create new flats on top of existing buildings.

However, Class AA applies to the building owner or developer, not individual flat owners. It requires prior approval from the council, and the assessment covers design, transport, impact on neighbours, natural light, and other matters. It is a development route for property companies, not a PD right for individual flat owners.

The Lease Factor

Even where planning permission is not required, flat owners must check their lease before carrying out any work. Most leases contain covenants that:

• Prohibit structural alterations without the freeholder's consent
• Restrict changes to the external appearance of the building
• Require freeholder consent for any works that might affect other flats (e.g. plumbing changes, noise-generating work)
• Restrict how communal areas (gardens, hallways, roof spaces) can be used

Breaching a lease covenant - even for work that does not need planning permission - can result in the freeholder seeking an injunction or forfeiture of the lease.

Building Regulations

Building regulations apply to flats just as they do to houses. Key differences:

• Part B (Fire Safety) - flats have more stringent fire safety requirements, particularly regarding means of escape, compartmentation, and fire doors. Works that affect fire safety (changing doors, altering walls between flats) need careful assessment
• Part E (Sound Insulation) - alterations that could affect sound insulation between flats must maintain the required standards

What to Do

1. Check your lease first - before planning any work, read the lease and check what consents are required from the freeholder
2. Check whether planning permission is needed - assume you need permission for any external alteration or change to the building's structure
3. Consult the freeholder or management company - even for internal works, a courtesy conversation can prevent problems later
4. Consider a CLOPUD - if you believe specific work is permitted development, a Certificate of Lawful Proposed Use or Development can confirm this
5. Search nearby applications - use Planning Signal to see what alterations have been approved for similar flats in your area