Whether you are dreaming of a new extension, converting your loft, or simply updating the front of your property, one of the first questions you should ask is: “Do I need planning permission?” The answer is not always straightforward and getting it wrong can be both costly and stressful. It pays to understand the basics before you pick up the phone to a builder.
What is planning permission?
Planning permission is formal approval from your local planning authority (LPA) that you need before carrying out certain types of building work. It ensures that development is appropriate for the local area and does not unreasonably affect neighbours. If your project requires planning permission and you go ahead without it, the LPA can issue an enforcement notice requiring you to undo all the changes you have made. Ignoring an enforcement notice is a criminal offence, so this is not something to take lightly.
Permitted development: what you can do without applying
Many common home improvement projects fall under “permitted development” rights. These are national rules that allow homeowners to carry out certain works without submitting a formal planning application. Most internal alterations, for example, do not require planning permission. Works such as a new kitchen or bathroom, rewiring, internal reconfiguration, and many garage conversions can usually go ahead without a formal application. Minor exterior changes, such as repainting your home or replacing windows and doors with similar-looking ones, are generally permitted.
Single-storey extensions can often be built under permitted development, provided they comply with certain size limits. For detached houses, a rear extension must not project more than eight metres beyond the original rear wall, or more than six metres for semi-detached or terraced properties, with a maximum height of four metres. Loft conversions also enjoy permitted development rights in most cases, provided the additional volume does not exceed 40 cubic metres for terraced houses or 50 cubic metres for detached and semi-detached properties. Outbuildings such as sheds, garages, and garden rooms are generally permitted, as long as they are no more than four metres high and do not take up more than half the land around the original property.
When you will need planning permission
You will almost certainly need planning permission if you want to build something entirely new, make a major structural change, or change the use of your property. Extensions that exceed the permitted development coconversion orre an application, as will raising the height of your roof for a loft conversion, or building a balcony or raised platform.
Fences, gates, and walls have their own rules too. Permission is required for any fence or wall over one metre high next to a highway, or over two metres high elsewhere. If you plan to pave over your front garden with an impermeable surface of more than five square metres, you will also need to apply.
Special circumstances to watch out for
Permitted development rights do not apply equally to every property. If your home is a listed building, in a conservation area, an area of outstanding natural beauty, or a national park, stricter rules are likely to apply. Flats and maisonettes do not benefit from the same rights as houses, and some newer properties may have had their permitted development rights restricted as a condition of the original planning consent. Your property deeds may also contain restrictive covenants that limit what you can do, regardless of the planning rules.
It is not just about planning permission
Even if your project does not require planning permission, it may still need to comply with building regulations. These are separate requirements designed to ensure that building work is safe, structurally sound, and energy efficient. Most extensions, loft conversions, and structural alterations require approval under the building regulations. If you share a wall with a neighbour, you may also need a party wall agreement under the Party Wall etc. Act 1996.
How to apply
If your project requires planning permission, you can submit your application online via the Planning Portal. The current fee for household alterations in England is £258, and most applications are determined within eight weeks. Many homeowners find it helpful to schedule a pre-application meeting with the LPA before submitting an application, as it can help identify potential issues early. If your application is refused, you have the right to appeal.
Getting the right advice
Planning rules can be complex, and the consequences of getting things wrong can be significant. If you are considering home improvements and are unsure whether you need planning permission, it is well worth getting in touch with your solicitor for advice. They can help you understand your permitted development rights, check for any restrictive covenants affecting your property, and guide you through the process. A little professional advice at the outset can save a great deal of time, expense, and worry further down the line.
For further information please contact our Planning team.
