What is Permitted Development

Permitted development example

Permitted Development is the ability to exercise the given right to carry out work without the need for planning permission.

The permission to do this is allowed by the Government and NOT the Local Council Planning Department. Permitted Development is allowed Nationally and is the same across the country.

The majority of Permitted Development rights that are used by homeowners are:

  • Garage Conversions
  • Loft Conversions
  • Single Storey Rear Extensions
  • Single Storey Side Extensions
  • Porch Extension
  • Outbuildings
  • Conversion to HMO

The above developments are all permitted providing the property is not listed or a flat, in a conservation area, area of outstanding natural beauty (AONB), World Heritage Site, Norfold or Suffolk Broads or National Park. The design of any of the extensions do have their own specific design criteria and therefore must be appropriately designed to ensure the build is lawful.

Some properties and new build developments do not have permitted development rights as they could have either covenants or the rights removed when the planning was given for the development. Therefore any works at a property with no permitted development rights requires planning permission and a householder application will need to be submitted.

Lawful development certificate

As permitted development does not require planning permission, the works can be completed with building control approval only, however we at Alexander Gemini always recommend a lawful development certificate is applied for as this confirms by the local authority that the build follows the permitted development design and is OK to proceed without any concern. Full existing and proposed drawings are required with a Site and Location Plan, application form and council fee.
It is not compulsory to have a lawful development certificate, but if and when applied for, the certificate and paperwork should be kept with the deeds of the property for the instance when the property is sold the appropriate documentation is provided to justify the extension etc. The lawful development certificate can be applied for retrospectively after the works are competed. We do not recommend this approach as it can sometimes be more difficult and time consuming.

When using permitted development rights to build an extension you will still need to adhere to a number of other hurdles before you start with a contractor, these are:

  • Party Wall Agreement
  • Structural Calculations
  • Building Control
  • Build Over Agreement

When building an extension and using your permitted development rights the majority of the above points are required as a must and would be required. If you do not complete the relevant tasks you could suffer from not receiving the completion certificate or have a dispute with your neighbour, if this is ever the case, selling the property afterwards could be difficult.

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