Temporary structures can be a practical solution when additional space is needed for a limited period. Businesses may use temporary offices or storage buildings, schools may require additional classrooms, and event organisers may install marquees, stages or other structures for short-term activities.
However, the fact that a structure is temporary does not automatically mean that planning permission is unnecessary.
Whether planning permission is required depends on several factors, including the type of structure, its intended use, how long it will remain in place, where it is located and whether a permitted development right applies.
For anyone considering a temporary structure, understanding the planning position before installation can help avoid enforcement issues, unexpected costs and delays.
Planning Build provides planning advice, feasibility assessments, planning applications, architectural design and Building Regulations support. Our team can help assess your proposed temporary structure and determine the most appropriate planning route.
Do You Need Planning Permission for a Temporary Structure?
A temporary structure may require planning permission, but not every temporary structure needs a full planning application.
Certain temporary structures and uses can benefit from permitted development rights, provided that the relevant conditions and limitations are satisfied.
For example, certain permitted development rights allow temporary buildings, structures, works, plant or machinery to be installed in connection with operations being carried out on land and for the duration of those operations. There are also permitted development rights covering certain temporary uses of land for specified periods.
The important point is that there is no blanket exemption for temporary structures.
The structure should be assessed according to the specific planning rules that apply to the site and proposed development.
What Counts as a Temporary Structure?
Temporary structures can take many forms.
Common examples include:
- Modular buildings
- Temporary offices
- Site cabins
- Temporary classrooms
- Marquees
- Event structures
- Exhibition buildings
- Temporary storage buildings
- Industrial shelters
- Stages
- Grandstands
- Temporary hospitality facilities
- Covered outdoor areas
Some structures are designed to be dismantled after a few days, while others may be intended to remain for months or even several years.
Being capable of removal does not, by itself, determine whether planning permission is required.
A modular building, for example, may be physically capable of being relocated but still function as a building on the site for a substantial period.
The planning authority may therefore consider the actual circumstances of the proposal rather than simply whether the structure can be taken apart.
When Can a Temporary Structure Benefit From Permitted Development?
Permitted development rights allow certain types of development to take place without submitting a conventional planning application, provided the relevant conditions and limitations are met.
There are specific permitted development rights relating to temporary structures and uses.
One example is the provision of temporary buildings, structures, works, plant or machinery in connection with operations being carried out on land, where they are required for and remain for the duration of those operations.
This can be relevant to construction and development projects where temporary facilities are needed during the works.
For example, a development site might require:
- A site office
- Temporary welfare facilities
- Storage
- Security facilities
- Temporary workshops
- Equipment buildings
The fact that these structures are connected to an authorised development can be important when determining whether a permitted development right applies.
However, the relevant conditions still need to be satisfied.
The 28-Day Rule for Temporary Structures
The 28-day rule is one of the most commonly misunderstood aspects of temporary structures.
Certain permitted development rights allow specific temporary uses of land for no more than 28 days in total in any calendar year.
The relevant provision can also allow moveable structures to be provided on the land for the permitted use.
However, this does not mean that every temporary structure can automatically remain for 28 days without planning permission.
The 28-day provision applies to specific temporary uses and is subject to conditions and limitations.
For example, the nature of the use, the land involved and the circumstances of the development can affect whether the right applies.
Therefore, if you are considering installing a temporary structure for 28 days or less, you should still establish whether the particular proposal falls within the relevant permitted development provisions.
Can a Temporary Structure Stay Up for More Than 28 Days?
Yes.
The 28-day period is not a universal maximum for all temporary structures.
A temporary structure may be permitted for a different period under another permitted development right or through temporary planning permission.
Under Section 72 of the Town and Country Planning Act 1990, a local planning authority can grant planning permission for a specified temporary period.
Government guidance explains that temporary planning permission can be appropriate in circumstances such as trial uses, temporary use of vacant land and situations where planning circumstances are expected to change.
For example, a business may need a temporary building while permanent premises are being developed.
A school may need modular accommodation while a permanent extension is being constructed.
A developer may require temporary facilities while a larger project is underway.
In these situations, a temporary planning permission may provide a suitable planning route.
Temporary Planning Permission
Where permitted development rights do not apply, a planning application may be required.
An application for temporary planning permission can explain:
- Why the structure is needed
- Why it is temporary
- How long it will remain
- How the structure will be used
- What will happen when the temporary period ends
- How the proposal affects the surrounding area
The local planning authority will consider the proposal against relevant planning policies and material considerations.
If permission is granted, the decision may include a condition requiring the structure or use to end on a specified date.
It is therefore important to understand the exact terms of the permission.
Temporary planning permission does not automatically mean that the structure can remain indefinitely.
Government guidance also makes clear that there is no presumption that temporary planning permission will subsequently be replaced by permanent permission.
Factors That Determine Whether Planning Permission Is Required
Several factors can affect the planning position of a temporary structure.
1. The Intended Use
The purpose of the structure is important.
A temporary classroom, office, warehouse, restaurant or event venue may each create different planning considerations.
The use of the land may also be relevant if the structure introduces a new activity or materially changes how the site operates.
2. The Length of Time
The intended duration should be established at the beginning of the project.
A structure required for a weekend event is different from one intended to provide accommodation for several years.
However, there is no single number of days that determines whether every structure is temporary.
3. The Location
The planning context of the site can affect the proposal.
Additional restrictions or considerations may arise if the structure is located:
- In a conservation area
- Within the Green Belt
- Near a listed building
- Near another heritage asset
- In a protected landscape
- Near residential properties
- On environmentally sensitive land
4. The Size and Scale
A small structure may have a limited impact on its surroundings.
A large modular building, industrial shelter or event structure could have more significant effects on:
- Visual amenity
- Traffic
- Parking
- Noise
- Neighbouring properties
- Access
- Drainage
The scale of the proposal should therefore be considered carefully.
5. Existing Planning Permissions
If the site already has planning permission, the conditions attached to that permission should be reviewed.
There may already be provisions relating to temporary buildings, construction facilities, access, parking or the duration of certain uses.
Temporary Structures for Construction Sites
Construction projects commonly require temporary structures.
These may include site offices, welfare facilities, storage units, security cabins and temporary workshops.
Certain permitted development rights specifically cover temporary buildings and structures required in connection with operations being carried out on land.
The structure must satisfy the relevant requirements of the permitted development right.
It is also important to consider what happens when the underlying construction project ends.
If a temporary structure remains after the authorised operations have finished and continues to be used, its planning position may need to be reassessed.
Temporary Structures for Events
Events can involve a wide range of temporary structures, including:
- Marquees
- Stages
- Grandstands
- Exhibition spaces
- Hospitality structures
- Temporary bars
- Market stalls
- Covered seating
Certain temporary uses of land may benefit from permitted development rights, including provisions allowing specific temporary uses for up to 28 days in a calendar year.
However, event organisers should not assume that every structure or activity associated with an event is automatically covered.
Other considerations can include traffic, parking, noise, public safety, access and the impact on neighbouring properties.
Large temporary demountable structures may also require appropriate structural design and safety measures. Government guidance covers temporary demountable structures including grandstands, marquees, stage structures and barriers.
Temporary Structures and Building Regulations
Planning permission and Building Regulations are separate requirements.
Planning permission considers whether a development is acceptable in its location, while Building Regulations address technical standards for construction and safety.
Depending on the structure, Building Regulations may cover:
- Structural stability
- Fire safety
- Ventilation
- Accessibility
- Drainage
- Sanitation
- Energy efficiency
Some temporary buildings may benefit from specific Building Regulations exemptions depending on their circumstances and intended duration.
However, an exemption from Building Regulations does not mean that planning permission is automatically unnecessary.
Similarly, obtaining planning permission does not mean that Building Regulations requirements have been satisfied.
Both should be assessed separately.
What Happens If You Install a Temporary Structure Without Permission?
If planning permission is required and a structure is installed without it, the local planning authority may investigate the development.
Where a breach of planning control has occurred, the authority may consider enforcement action.
This could result in:
- An application for retrospective planning permission
- A requirement to remove the structure
- Additional professional and construction costs
- Delays to the project
- Enforcement proceedings
Retrospective planning permission is not guaranteed.
This is why establishing the planning position before installing a temporary structure is generally safer and more cost-effective.
Can You Extend the Period of a Temporary Structure?
If a temporary structure has been authorised for a specific period, you may be able to apply for further planning permission if you need it to remain.
However, an extension is not automatic.
The planning authority will consider the circumstances at the time of the application.
Government guidance states that a second temporary permission will rarely be justified unless there is a clear reason based on changing circumstances.
If you already know that a structure will be required for a substantial period, it is worth addressing the expected duration as early as possible.
How Planning Build Can Help
The planning requirements for temporary structures can vary considerably depending on the project.
Planning Build can assess your proposal and help determine whether planning permission may be required, whether permitted development rights could apply and what other approvals may need to be considered.
Our services include:
- Planning permission advice
- Planning application support
- Feasibility advice and planning strategy
- Architectural design
- Building Regulations compliance
- Planning appeal support
Getting professional advice before installation can help you understand the planning position and avoid committing to a structure before its requirements have been established.
Frequently Asked Questions
Do temporary structures need planning permission?
Some do, and some do not. Certain temporary structures and uses benefit from permitted development rights, while others require planning permission. The specific circumstances of the proposal need to be assessed.
Is planning permission required for a temporary structure under 28 days?
Not necessarily. The 28-day rule applies to specific permitted development rights and does not provide a blanket exemption for every temporary structure.
Can a temporary structure stay up for more than 28 days?
Yes. Some temporary structures can remain for longer periods where a relevant permitted development right applies or where temporary planning permission has been granted.
Do temporary buildings need Building Regulations approval?
Some temporary buildings may benefit from exemptions, while others require Building Regulations approval. The requirements depend on the type, use and circumstances of the structure.
Can I put a temporary structure on my land without permission?
Owning the land does not automatically give you the right to install any structure without planning permission. The development should be assessed against the relevant planning rules and permitted development rights.
Planning Your Temporary Structure
Temporary structures can provide a flexible and cost-effective way to create additional space, but their temporary nature does not automatically remove planning requirements.
The key considerations include the structure’s purpose, size, location, intended duration, use of the land and whether a permitted development right applies.
The 28-day rule is particularly important to understand, but it should not be treated as a universal allowance for all temporary structures.
If you are considering a temporary office, modular building, classroom, storage facility, marquee, event structure or another temporary development, obtaining planning advice before installation can help you choose the right route.
Planning Build can help assess your proposal and provide support through the planning process.
Explore Planning Build’s services or contact Planning Build to discuss your project.
