Planning Permission Loopholes Property Investors Should Know About

What is Planning Permission?

Planning permission is legal consent from a local authority to build a new building, make major alterations to existing buildings, or change land or building use. The need for planning permission prevents inappropriate development, taking into account the impact on the local area, neighbours, roads and wildlife. Planning permission is about the appearance and impact of a development, rather than the technical build quality – this is covered by building regulations. Not every alteration or development requires planning permission – some works fall under Permitted Development Rights (PDR), which we will discuss later on. Failing to get proper planning permission for a building project can lead to a fine or even having to undo the work.

When Do I Need Planning Permission?

Planning permission is required if you want to build something new, make a major change to a building, such as an extension, to significantly change the external look of a building, or to change the use of a building, e.g. converting a barn into a house. You can apply for planning permission with your local council. 

What are Permitted Development Rights?

You can do certain types of building work without needing to obtain planning permission first. These are covered under permitted development rights (PDR) as part of the Town and Country Planning Order 2015. We will look at them in more detail, but the main types of alteration covered by PDRs are extension that do not exceed 50% of the original house area or curtilage, extensions under a certain height or depth, loft conversions under 40 cubic metres for terraced houses and 50 cubic metres for semis or detached houses (providing you do not increase the main roof height), garden rooms and outbuildings of less than 2.5 metres high that takes up less than 50% of the garden area, and porches of less than 3 metres squared, providing the porch is more than 2 metres from a boundary with the road. It’s important to note that PDRs do not apply to maisonettes or flats.

Planning Permission Loopholes for Extensions 

Rear Extensions

If you want to add a rear extension to your property, you can add a single-storey rear extension that extends the property by up to 3 metres for terraced houses, and 4 metres for semis or detached houses. The maximum height for such an extension is 4 metres. Rear extensions cannot extend beyond the side of the house, and also cannot cover more than 50% of the garden or attached land. The extension must not come within 7 metres of the rear property boundary. As with most property extensions or additions, you must use building materials that are similar in appearance to the rest of the original property.

A rear extension can add an extra room onto the ground floor of a house, such as a dining room or a downstairs bathroom, significantly increasing the resale value of a property.

Side Extensions

Extensions on the side of a property follow similar rules – they must not exceed half the width of the original house, they can extend into the back garden by a maximum of three or four metres, depending on the property type, and the roof cannot exceed 4 metres. You cannot add a two-storey side extension to a house under PDR – this will require planning permission. There is no formal restriction on how close you can go to the property boundary, but it would be prudent to discuss your plans with the neighbours first.

Two-Storey Extensions

If you want to add a two-storey extension, you may be able to do this under permitted development rights. The extension must be built off the property’s rear elevation, not the side or front, and the height of the roof ridge and eaves cannot exceed the height of the original ridge and eaves. Much like a rear extension, the two-storey extension cannot extend more than 3 metres for terraces and 4 metres for semis or detached houses.