If you are planning to build, extend, convert or alter a property, one of the first questions to ask is, “Do I need planning permission?”
The answer depends on what you want to do, where the property or land is located and whether your proposed work falls within permitted development rights or another planning exemption.
Planning permission is generally required for development, but not every project requires a planning application. Understanding the rules before starting work can help you avoid delays, unexpected costs and potential enforcement action.
When Do You Need Planning Permission?
You will generally need planning permission if your project involves development that falls within the statutory definition of development and is not covered by an existing permission or permitted development right.
This can include:
- Building a new property
- Constructing an extension
- Making significant alterations to a building
- Changing the use of a property or land
- Developing previously undeveloped land
- Carrying out certain engineering or building works
GOV.UK states that planning permission is generally needed for building something new, making a major change to a building, or changing its use.
However, the precise answer depends on the circumstances of your project.
When Might You Not Need Planning Permission?
Some types of development can be carried out without submitting a standard planning application because planning permission has already been granted through permitted development rights.
Permitted development rights allow certain building works and changes of use to take place without making a planning application, provided the relevant conditions and limitations are satisfied.
For example, certain household extensions and alterations may qualify for permitted development, while specific commercial or agricultural changes of use may also benefit from permitted development rights.
However, permitted development is not a blanket exemption. There can be restrictions relating to the size, height, location, and nature of the proposed work.
In some cases, permitted development rights can also be restricted or removed, including through an Article 4 Direction.
This means you should check whether the specific permitted development right applies to your property before starting work.
Do I Need Planning Permission for an Extension?
Possibly.
Some extensions to houses can be carried out under permitted development rights if they meet the relevant requirements and limitations. If the proposed extension falls outside those rights, a planning application may be necessary.
Factors that can affect the position include the size and height of the extension, its position on the property, and the characteristics of the site.
Properties in certain designated areas can also have different restrictions.
If you are unsure whether your proposed extension qualifies, getting professional planning permission advice before starting work can help establish the appropriate route.
Do I Need Planning Permission for a Change of Use?
A change in the use of a building or land may require planning permission where it amounts to a material change of use.
There is no single definition that applies to every situation. Whether a change is material depends on the individual circumstances and the effect of the change.
For example, changing the use of a property from one type of activity to another can alter its impact on the surrounding area, including matters such as traffic, noise, parking and neighbouring amenity.
Some changes of use may benefit from permitted development rights, but these rights are subject to their own conditions and limitations.
Do I Need Planning Permission to Develop Land?
If you are planning to develop land, you may need planning permission.
Development can include construction, engineering operations and material changes of use.
For landowners, it can therefore be valuable to understand the planning potential of a site before purchasing land or committing significant resources to a development proposal.
A feasibility assessment can help identify potential opportunities and constraints before you progress to a detailed application.
Planning Build provides feasibility advice and strategy for clients assessing potential development opportunities.
Do Temporary Structures Need Planning Permission?
Temporary structures require careful consideration because being temporary does not automatically mean that planning permission is unnecessary.
Certain permitted development rights apply to temporary uses or structures in specific circumstances, but these rights have their own requirements and limitations.
The 28-day period, for example, relates to particular permitted development rights for temporary uses of land. It should not be treated as a universal rule that every temporary structure can remain for 28 days without permission.
Whether a temporary structure requires planning permission depends on factors including its purpose, location, duration, use and the specific permitted development rights that may apply.
If you are considering a temporary structure, professional planning advice can help you establish the appropriate planning route before installation.
Do I Need Planning Permission in a Conservation Area?
Possibly.
Certain areas have additional planning restrictions or limitations on permitted development rights. These can include conservation areas, National Parks, Areas of Outstanding Natural Beauty and other protected locations.
The government identifies specific restrictions affecting permitted development rights in certain protected areas.
If your property is in a conservation area or another sensitive location, you should check the relevant restrictions before assuming that permitted development rights apply.
You may also need other forms of consent depending on the property. For example, listed buildings can require listed building consent in addition to or instead of planning permission for certain works.
Is Planning Permission the Same as Building Regulations Approval?
No.
Planning permission and building regulations are separate requirements.
Planning permission is primarily concerned with whether a proposed development is acceptable in terms of land use, its appearance, its relationship with surrounding development and other planning considerations.
Building regulations focus on how a building is designed and constructed, including matters such as structural safety, fire safety, ventilation and energy performance.
You may therefore need both planning permission and building regulations approval for the same project.
Even where planning permission is not required, other consents or approvals may still apply. GOV.UK specifically notes that building regulations, listed building consent, tree-related permissions and environmental permits may be required separately.
How Can I Check If I Need Planning Permission?
If you are unsure, do not assume that permission is unnecessary.
You can start by checking the nature of your proposed development, the property’s planning history and whether permitted development rights apply.
You should also consider:
- The location of the property
- Existing planning permissions
- Local planning policies
- Conservation or other protected areas
- Article 4 Directions
- The proposed size and use
- Any relevant restrictions or conditions
You can contact your local planning authority for information about whether planning permission is required for your project.
For more complex projects, professional planning advice can help you assess the proposal before you commit to an application or begin work.
What Happens If You Build Without Planning Permission?
If your development requires planning permission and you carry it out without obtaining it, the local planning authority can take enforcement action.
This can potentially result in requirements to alter or remove unauthorised development. GOV.UK advises that enforcement action can be taken where development requiring permission has been carried out without obtaining it.
Getting the planning position right before work begins is therefore much safer than trying to resolve an unauthorised development afterwards.
Get Planning Advice for Your Project
So, do you need planning permission? The answer cannot always be determined from the type of project alone. The property’s location, planning history, proposed development and applicable permitted development rights can all affect the answer.
Planning Build can help you understand your planning requirements, assess your development options and determine the appropriate next steps.
Whether you are considering an extension, change of use, new development, land development or temporary structure, getting professional advice early can help you avoid unnecessary complications.
If you need help determining whether your project requires planning permission, contact Planning Build to discuss your development and get professional planning support.
