What are Permitted Development Rights?
Permitted development rights allow certain building works and changes of use to be carried out without having to make an application for Planning Permission. They are set out in the Town and Country Planning (General Permitted Development) (England) Order 2015.
Permitted Development Rights are subject to conditions and limitations such as size limits, height restrictions etc.
When do Permitted Development Rights not apply?
There are a range of exclusions which apply to certain Permitted Development Rights in England – for example, in areas which are conservation areas, Areas of Outstanding Natural Beauty and National Parks. There are also different requirements if a property is listed.
Permitted Development Rights apply to houses only and not to other buildings such as flats/maisonettes, converted houses or houses created through permitted development rights.
Additionally, the Secretary of State or the local planning authority can withdraw specific Permitted Development Rights across a defined area through a direction under article 4 of the General Permitted Development Order (an Article 4 Direction).
Furthermore, Permitted Development Rights can be removed by the local planning authority by means of a condition in a planning permission.
Permitted Development Rights only apply to planning permission and do not cover other consents which may be required such as Building Regulations and covenant consent.
How can Permitted Development Rights impact my conveyancing transaction?
You should be certain that Permitted Development Rights apply before starting the works without planning permission. If you carry out works without the necessary planning permission, you have committed a planning breach which can then become subject to an Enforcement Notice from the Local Authority. It is an offence not to comply with an Enforcement Notice.
Any buyer/their conveyancer and/or a lender would require confirmation that all planning requirements have been met for any works carried out to the property. If not, they will require action to be taken by way of retrospective consent or by way of an indemnity policy which is usually paid for by the seller. Therefore, all property owners should understand where planning permission is required in order to ensure that if the requirements are not met that they obtain planning permission in order to avoid any issues and/or delays on a future sale.
Therefore, you should always check with your Local Authority before starting any work to see whether planning permission would be required, even if you think Permitted Development Rights apply. Detailed advice on complying with these rules, illustrative examples and further explanation can be found here Permitted development rights for householders: technical guidance – GOV.UK (www.gov.uk).
For further information on anything mentioned in this article, or any other Property query, contact Ashton Sutcliffe at WBW Solicitors in Bovey Tracey on 01626 202370 or email ashtonsutcliffe@wbw.co.uk.
WBW has offices in Torquay, Paignton, Newton Abbot, Exeter, Bovey Tracey, Exmouth, Honiton, Sidmouth, Launceston, Axminster, Chard and Seaton.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
