A Homeowner’s Guide to Permitted Development & Certificates of Lawfulness

Introduction

As a homeowner who just wants to give their family a bit of extra space without the prospect of moving house navigating planning rules can be confusing – especially when you hear you might not need planning at all.

This guide aims to demystify the world of ‘Permitted Development’ and explain when they apply and why applying for a Certificate of Lawful Development may be the best way to protect your investment.

What is Permitted Development?

Permitted Development has existing for as long as the Town and Country Planning Act of 1947 in some form. The basis of today’s PD rights was formed in 2008 but has since been clarified and indeed expanded to address the country’s shortfall in housing stock and boost economic growth.

Permitted Development (PD) rights allow homeowners to carry out certain types of building work like extensions, loft conversions or outbuildings without needing a full planning application.

These are categorised under the General Permitted Development Order (GPDO) and include:

• Single-storey rear extensions within size limits

• Loft conversions up to 50m³ (detached)

• Garage conversions (internal only)

• Garden offices/outbuildings (subject to height and placement rules)

• Change of use

• Agricultural development

Common Misunderstandings

However, Permitted Development is fraught with nuance with which comes risk. Below are some potential trip-ups to be aware of:

• PD rights vary by property type (flats, listed buildings or those within a conservation area are often excluded)

• Local councils can remove PD rights through Article 4 Directions. This is done to protect an area’s character and means something that is usually PD would require a Planning Application

• Rules differ for terraced, semi-detached and detached houses – for example the size of an extension that falls within Permitted Development can vary

• You still need to comply with Building Regulations. Structural changes, extensions and changes of use will require a Building Regulations Application.

Why you should apply for a Certificate of Lawful Development

Applying for a Certificate of Lawful Development is not mandatory, but is highly recommended.

A Certificate of Lawful Development (CLD) is official confirmation from your local planning authority that your project is lawful under PD rights.

Benefits:

• Peace of mind before construction starts

• Proof of compliance for future sales or remortgaging

• Avoids disputes with neighbours or councils

• Easier for builders to price confidently

Permitted development has many conditions and nuances. If you or your Architect are unsure you should book a consultation with the Local Authority (having prepared a proposal) or prepare a submission for a CLD. Note that the Local Authority will almost certainly charge for a consultation.

How can we help?

At Wickens Architecture, we can help homeowners apply for Certificates of Lawful Development.
We handle as much or as little as you want us to, dealing with measured surveys, architectural drawings, and the online application to make sure your proposal is clear and compliant before submission.

• 2D Site survey

• Permitted Development assessment#

• Drawings + documents

• Submission to your Local Planning Authority

Our goal is to save you time, stress, and uncertainty while ensuring your project starts off the right way. Want to check your PD rights?

1. Check your property type and planning history

2. Measure your proposal against PD limits (we can help with this)

3. Prepare clear scaled drawings

4. Submit a Certificate of Lawful Development application

5. Wait for confirmation - usually within 8 weeks of validation