Contents
What permitted development rights cover
**The legal basis**:
- PD rights for houses are granted under Schedule 2 of the GPDO 2015. For dwellinghouses (Use Class C3), the key Classes are:
- •*Part 1, Class A*: Single-storey rear and side extensions
- •*Part 1, Class B*: Loft conversions
- •*Part 1, Class C*: Other roof alterations (rooflights)
- •*Part 1, Class D*: Porches
- •*Part 1, Class E*: Outbuildings and garden rooms
- •*Part 14, Class A*: Solar panels
**Critical rule**: PD rights under Part 1 apply ONLY to dwellinghouses (single-family Use Class C3). Flats, maisonettes, and commercial properties do NOT benefit from these PD rights.
**Key PD allowances and their conditions**:
- *Single-storey rear extension (Class A)*:
- •Terraced or semi-detached: up to 3.0m depth from original rear wall (Prior Approval scheme extends this to 6.0m — see below)
- •Detached: up to 4.0m depth (Prior Approval to 8.0m)
- •Maximum height: 4.0m overall; eaves ≤ 3.0m if within 2.0m of a boundary
- •Not visible from a highway; materials similar to existing
- *Single-storey side extension (Class A)*:
- •Maximum width: 50% of original house width
- •Maximum height: 4.0m
- •NOT in Conservation Areas (side extensions not PD in Conservation Areas)
- •Single storey only — no two-storey side extensions under PD
- *Loft conversion (Class B)*:
- •Volume limit: 40m³ terraced; 50m³ semi/detached
- •Nothing beyond the front roof slope; nothing above the ridge
- •Side windows obscure-glazed below 1.7m from floor level
- *Outbuildings and garden rooms (Class E)*:
- •Not forward of the main front elevation
- •Single storey; eaves ≤ 2.5m; maximum height ≤ 4.0m (dual pitch) or 3.0m (all other)
- •Total outbuilding footprint ≤ 50% of original garden area
- •No sleeping accommodation (living in an outbuilding is not PD)
- *Solar panels (Part 14, Class A)*:
- •On roof: not more than 200mm protrusion from roof plane; not higher than existing ridge
- •In Conservation Areas: not visible from a highway
**The Prior Approval Neighbour Consultation Scheme** (for larger single-storey rear extensions):
- Under the Scheme, single-storey rear extensions can be up to 6.0m (terraced/semi) or 8.0m (detached) — double the standard PD allowance — provided:
- •A Prior Approval application (PA5 form, no fee) is submitted to the LPA before starting
- •The LPA consults neighbours (21-day consultation period)
- •The LPA makes a determination within 42 days (if no objections: automatic approval; if objections: LPA determines on amenity impact only — not on full planning grounds)
- •Work cannot start until Prior Approval is confirmed in writing
When PD rights do not apply — Article 4 Directions and other restrictions
**Four things that remove Part 1 PD rights**:
**1. The property is a flat or maisonette**: Part 1 applies only to dwellinghouses. Any external works to a flat or maisonette require planning permission.
- **2. Article 4 Direction**: An LPA can make an Article 4 Direction to remove specific PD rights in a defined area. This is commonly used in:
- •*Conservation Areas*: to protect the uniform character of Victorian/Edwardian streetscapes — typically removing PD rights for window replacements, satellite dishes, solar panels on front elevations, render/cladding, front extensions, and side extensions.
- •*HMO concentration areas*: to control C3 to C4 change of use without planning permission. Several London boroughs have done this: Islington (borough-wide), Hackney, Camden (selected wards), Waltham Forest, Newham, Barnet (selected wards).
*Finding out if an Article 4 Direction applies*: Search the LPA's planning portal using the property address; check the LPA's Conservation Area maps and Article 4 Direction register (published on most LPA websites); call the LPA's duty planner for a quick verbal check.
**3. Listed building**: All external works to a listed building require Listed Building Consent, regardless of PD rights. The PD right is not removed — it simply cannot be used without the separate Listed Building Consent.
**4. Condition on a previous planning permission**: A planning permission for previous development at the property may contain a condition specifically removing PD rights as part of the consent. Check the planning history at the LPA's online portal.
**London-specific Article 4 Directions affecting homeowners**:
- •Islington: borough-wide Article 4 Directions covering Conservation Areas (removal of PD rights for window replacements, satellite dishes, roof alterations visible from a highway) and C3-to-C4 HMO conversions
- •Camden, Hackney, Kensington & Chelsea: extensive Conservation Area Article 4 coverage affecting most residential streets in the borough
- •Waltham Forest, Newham, Lambeth, Southwark: HMO and Conservation Area Article 4 Directions in specific wards
In practice, in inner London, it is worth assuming an Article 4 Direction may apply and checking explicitly rather than assuming PD covers your proposal.
Certificate of Lawful Development — why you need one
**What is a Certificate of Lawful Development (CLD)?**
A CLD (Proposed) is formal written confirmation from the LPA that a proposed development is lawful — i.e., that it genuinely complies with all PD conditions and does not need planning permission. It is NOT the same as planning permission. It is confirmation that planning permission is NOT required.
**Why get a CLD?**
- •*Legal certainty*: An officer's verbal advice that a development is PD is not legally binding. A CLD is.
- •*The LPA cannot refuse a CLD that meets all PD conditions*: Unlike planning permission (where the LPA has discretion), a CLD must be granted if all PD conditions are demonstrably met.
- •*Protects on resale*: Buyers' solicitors routinely request documentary evidence that loft conversions, extensions, and outbuildings are lawful. A CLD is the accepted standard of proof.
- •*Cannot be revoked retrospectively*: Once issued, a CLD remains valid even if PD rights are subsequently removed by an Article 4 Direction.
**When is a CLD particularly important?**
- •Loft conversion close to the 40/50m³ PD volume limit (especially if there have been previous roof alterations)
- •Single-storey rear extension using the Prior Approval Scheme (always use the formal PA5 application route — do not simply start work)
- •Works in or near a Conservation Area
- •Complex planning history (previous permissions may have removed PD by condition)
- •Any significant PD works where the property will be sold within 3–5 years
- **CLD process**:
- •Application: submitted online via the Planning Portal
- •Fee: £206
- •Documents: location plan, existing and proposed drawings, statement identifying the PD class and confirming conditions met
- •Determination: 8 weeks
**Enforcement risk if PD conditions are not met**:
Carrying out works that require planning permission as if they were PD is 'unauthorised development'. The LPA can issue an Enforcement Notice requiring demolition or alteration. Time limit for enforcement: 4 years from substantial completion (changing to 10 years under recent legislation). Retrospective planning permission or a Lawful Development Certificate (Existing) can regularise unauthorised PD works — but this is reactive and more uncertain than getting it right upfront.
Frequently Asked Questions
Do permitted development rights apply to flats?▼
Can my LPA reject my CLD application even if my proposal meets all PD conditions?▼
What happens if I build an extension under PD but later discover I exceeded a PD condition?▼
Important Note
This guide is for general information only. Building regulations, planning rules, and legal requirements change regularly and vary by local authority. Always seek professional advice specific to your project and location. RCB Design & Build offers free initial consultations — book your free survey.