Basements

Basement extensions and conversions can often be considered permitted development, not requiring an application for planning permission, provided they meet all the necessary planning and design criteria and there are no constraints that restrict or remove your permitted development rights.

Converting an existing residential cellar or basement into a living space can in many cases be done without the need for full planning permission, as long as it is not a separate unit, does not change the use significantly, does not alter the external appearance of the property and there are no constraints.

Excavating to create a new basement or extend an existing basement involves major works, a new separate unit of accommodation and/or alters the external appearance of the house, such as adding a light well, is likely to require planning permission.

For basement extensions and conversions that are likely to fall within permitted development a lawful development certificate is recommended, so that you know your project is compliant and is protected from any retrospective planning issues, enforcements or penalties.

Ultimately, it is the planning officer assessing your application who will make the legal determination and either approve or reject your application. If your application for a lawful development certificate is rejected then an application for full planning permission would be required.

If there are any hidden constraints that limit or remove your permitted development rights, full planning permission may be required even if your project complies with all the permitted development criteria.

Building regulations may also be required depending on the extent of the works. If your basement shares a wall with another other property, you will likely require a party wall agreement.

Drives & Hardstanding

Building or extending a driveway or new access to your property is often considered permitted development, not requiring an application for planning permission. However, this is only provided it meets all the necessary planning and design criteria and there are no constraints that restrict or remove permitted development rights.

In order to be considered permitted development a new or replacement driveway of any size must use permeable (or porous) surfacing which allows water to drain through, such as gravel, permeable concrete block paving or porous asphalt, or if the rainwater is directed to a lawn or border to drain naturally.

If a driveway is covered with more than five square metres of a traditional impermeable material that does not allow for the water to run into a permeable area to drain away the full planning permission will be required.

If you wish to drop a kerb to access your driveway you will require permission from your planning authority. Once planning approval is secured you can apply for a dropped kerb license.

For driveways that are likely to fall within permitted development, a lawful development certificate is recommended, so that you know your project is compliant and is protected from any retrospective planning issues, enforcements or penalties. It is important to note that permitted development allowances for driveways applies to houses but not to flats and maisonettes. All flats and houses will require full planning permission.

Ultimately, it is the planning officer assessing your application who will make the legal determination and either approve or reject your application. If your application for a lawful development certificate is rejected then an application for full planning permission would be required.

If there are any hidden constraints that limit or remove your permitted development rights, full planning permission may be required even if your project complies with all the permitted development criteria.

Conservatories

Conservatories are subject to the same planning permission laws as extensions. Often a conservatory can be built without needing full planning permission under permitted development. However, this is only providing all the relevant criteria are met and there are no constraints which limit or remove your permitted development rights.

Large conservatories usually require full planning permission which may be secured through a householder planning application. Flats and maisonettes do not benefit from permitted development rights so in order to build a conservatory planning permission is always required.

For conservatories that are likely to fall within permitted development a lawful development certificate is recommended, as this is the only way to get a legal determination that your conservatory is permitted development.

Ultimately, it is the planning officer assessing your application who will make the legal determination and either approve or reject your application. If your application for a lawful development certificate is rejected then an application for full planning permission would be required.

If there are any hidden constraints that limit or remove your permitted development rights, full planning permission may be required even if your project complies with all the permitted development criteria.

Building regulations approval will likely also be required once planning permission is approved, depending on the extent of the works.

Extensions

Small single-story extensions often do not require full planning permission and can be built within permitted development rights. However, this is only providing all the relevant planning and design criteria are met and there are no constraints which limit or remove your permitted development rights.

Large extensions or double-story extensions usually require full planning permission which may be secured through a householder planning application. Flats and maisonettes do not benefit from permitted development rights so in order to extend planning permission is always required.

Some extensions also require prior approval even though they are considered permitted development. In these cases, work must not start until the local planning authority approves the application for prior approval.

For extensions that are likely to fall within permitted development a lawful development certificate is recommended as this is the only way to get a legal determination that your extension is permitted development. This will likely be required should you wish to sell the property at any stage in future and it protects you from any retrospective planning issues, enforcements or penalties.

Building regulations approval will likely also be required once planning permission is approved, depending on the extent of the works.

If there are any hidden constraints that limit or remove your permitted development rights, full planning permission may be required even if your project complies with all the permitted development criteria.

Garage Conversions

A garage conversion can often be considered permitted development, not requiring an application for planning permission. However, this is only provided they meet all the necessary criteria and there are no constraints that restrict or remove permitted development rights.

If your intention is to convert a garage into a separate house (regardless of who will occupy it), then planning permission may be required no matter what work is involved. It is important to note that permitted development allowances for converting garages applies to houses but not to flats and maisonettes. All flats and maisonettes will require full planning permission. For converted houses or houses created through the permitted development rights a change use may be required for a garage conversion.

Some garage conversions also require prior approval even though they are considered permitted development. In these cases, work must not start until the local planning authority approves the application for prior approval.

For garage conversions that are likely to fall within permitted development a lawful development certificate is recommended, so that you know your project is compliant and is protected from any retrospective planning issues, enforcements or penalties.

Ultimately, it is the planning officer assessing your application who will make the legal determination and either approve or reject your application. If your application for a lawful development certificate is rejected then an application for full planning permission would be required.

If there are any hidden constraints that limit or remove your permitted development rights, full planning permission may be required even if your project complies with all the permitted development criteria.

Building regulations approval may also be required once planning permission is approved, depending on the extent of the works.

Dormers & Loft Conversions

A loft conversion can often be considered permitted development, not requiring an application for planning permission, provided it meets all the necessary criteria and there are no constraints that restrict or remove permitted development rights.

As a guide a loft conversion that meets all of these criteria will not need planning permission providing there are no constraints that limit or remove your permitted development rights:

• The new loft space won’t be larger than 40 cubic metres for terraced houses and 50 cubic metres for detached and semi-detached houses.


• The loft conversion doesn’t extend beyond the plane of the existing roof slope at the front of the house (principle elevation).


• The loft conversion does not extend higher than the highest part of the existing roof.


• The loft conversion does not include any verandas, balconies, or raised platforms.


• The loft conversion is made using materials that are similar in appearance to the rest of the house.


• Any side-facing windows must be obscure-glazed (to stop people seeing in and out).


• Any side facing windows must be at least 1.7m above the ground.


• Your home is not located in certain designated areas, including national parks, Areas of Outstanding Natural Beauty, conservation areas, and World Heritage Sites.


• A roof extension, with the exception of hip-to-gable extensions, must be set back at least 20cm from the original eaves.


• A roof extension must not overhang the outer wall of the original house.

Porches

A porch can often be built without needing full planning permission under permitted development, providing it meets all of the planning and design criteria and there are no hidden constraints removing your permitted development rights.

The planning rules for porches are applicable to any external door to the dwellinghouse.

Providing there are no constraints that limit or remove your permitted development rights adding a porch to any external door of your house is considered to be permitted development, not requiring an application for planning permission, provided:

• The ground floor area (measured externally) would not exceed three square metres.


• No part would be more than three metres above ground level (height needs to be measured in the same way as for a house extension).


• No part of the porch would be within two metres of any boundary of the dwellinghouse and the highway.

Doors & Windows

External doors and windows can often be built without needing full planning permission under permitted development, providing that there are no hidden constraints removing or restricting your permitted development rights, such as the planning decision notice, the building is listed or the property sits within article 2(3) land.

Providing there are no constraints that limit or remove your permitted development rights adding or removing external doors and windows on your house is considered to be permitted development, not requiring an application for planning permission.

Article 2(3) land is land within—

1. an area designated as a conservation area under section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (designation of conservation areas);


2. an area of outstanding natural beauty;


3. an area specified by the Secretary of State for the purposes of section 41(3) of the Wildlife and Countryside Act 1981 (enhancement and protection of the natural beauty and amenity of the countryside)(1);


4. the Broads;


5. a National Park; and


6. a World Heritage Site.

Walls & Fences

Walls and fences can often be built without needing full planning permission under permitted development, providing they meet all of the planning and design criteria and there are no hidden constraints removing your permitted development rights.

Providing there are no constraints that limit or remove your permitted development rights adding a wall or fence on your property is considered to be permitted development, not requiring an application for planning permission.

The construction of gates, fences, walls or other means of enclosure within the curtilage of a listed building does not benefit from permitted development rights so full planning permission would be required and possibly listed building consent.

If there are any hidden constraints that limit or remove your permitted development rights, full planning permission may be required even if your project complies with all the permitted development criteria.

Outbuildings & Granny Annexes

Outbuildings can often be considered permitted development, not requiring an application for planning permission, provided they meet all the necessary criteria and there are no constraints that restrict or remove permitted development rights. If your intention is to convert a garage into a separate house (regardless of who will occupy it), then planning permission may be required no matter what work is involved.

Planning permission laws for outbuildings apply to sheds, playhouses, greenhouses and garages as well as other ancillary garden buildings such as swimming pools, ponds, sauna cabins, kennels, enclosures (including tennis courts) and many other kinds of structure for a purpose incidental to the enjoyment of the dwellinghouse.

Providing there are no hidden constraint outbuildings are considered to be permitted development, not needing planning permission, subject to the following limits and conditions:

• No outbuilding on land forward of a wall forming the principal elevation.


• Outbuildings and garages to be single storey with maximum eaves height of 2.5 metres and maximum overall height of four metres with a dual pitched roof or three metres for any other roof.


• Maximum height of 2.5 metres in the case of a building, enclosure or container within two metres of a boundary of the curtilage of the dwellinghouse.


• No verandas, balconies or raised platforms (a platform must not exceed 0.3 metres in height).No more than half the area of land around the “original house”* would be covered by additions or other buildings.


• In National Parks, the Broads, Areas of Outstanding Natural Beauty and World Heritage Sites the maximum area to be covered by buildings, enclosures, containers and pools more than 20 metres from the house to be limited to 10 square metres.


• On designated land* buildings, enclosures, containers and pools at the side of properties will require planning permission. Within the curtilage of listed buildings any outbuilding will require planning permission.