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How can I find out if permitted development rights have been removed in my area?

National planning regulations allow certain alterations to be made to a property without requiring planning permission; these are known as permitted development rights. In some cases, local authorities may remove or restrict these rights for specific types of development that would otherwise be allowed. This is achieved through the use of Article 4 Directions, which are intended to protect the character, heritage, and appearance of designated areas.

If your local planning authority has issued an Article 4 Direction, some of your permitted development rights may no longer apply. As a result, you may need to submit a planning application for works that would not normally require one.

You can check whether an Article 4 Direction affects your property by visiting your local authority’s website.

Common Questions

What is permitted development?

Permitted development rights allow certain types of work to be carried out without the need to apply for planning permission. It typically covers things like small extensions, loft conversions and outbuildings, provided they meet specific size and location limits. These rights can vary or be removed in areas like conservation zones and by Article 4’s, so it’s best to check before proceeding.  

Read about permitted development and Article 4 directions on Planning Portal

Do I need building regulations approval for alterations to or installation of electrics?

If you're doing electrical installation work in your home or garden in England or Wales, you must follow the building regulations. It's recommended to hire an installer who is registered with a competent person scheme (a registered competent person’) who can self-certify that the work meets the required standards.

Do summerhouses or garden offices need building regulations approval?

If you plan to put up a small, detached building like a garden shed, garden room, garden office, annexe or summerhouse (all classed as outbuildings), building regulations generally won’t apply if the building has a floor area under 15 square metres and does not include any sleeping accommodation.

For buildings with a floor area between 15 and 30 square metres, building regulations approval is usually not needed - as long as the building does not include sleeping accommodation and either:

  • it is at least one metre away from any boundary, or
  • it is built mainly from non-combustible materials.

Read more about the building regulations that apply to outbuildings.

Don't forget to check the permitted development rights for outbuildings.

What are the height restrictions for fences, gates and garden walls?

You can usually put up new fences, gates or garden walls without planning permission, as long as you stay within permitted height limits. If the structure is adjacent to a highway (including footpaths), it must not exceed one metre in height. For all other boundaries, the maximum permitted height is two metres. Anything taller than these limits will require planning permission.  

 

Read more about fences, gates and garden walls.  

What is the 10-year rule for planning enforcement?

The failure to obtain planning permission or comply with the details of a permission is commonly known as a 'planning breach'.

A planning breach usually occurs when:

  • A development that requires planning permission is undertaken without the permission being granted - either because the planning application was refused or was never applied for
  • A development that has been given permission subject to conditions breaks one or more of those conditions.

If the breach involves a previously rejected development (or the retrospective application fails) the council can issue an enforcement notice requiring you to put things back as they were.

There are statutory time limits for enforcement, these vary based on when the breach took place.

If the breach took place prior to 25 April 2024
  • Change of use of a building, or part of a building, to use as a single dwelling house - Enforcement action can no longer be taken once the unauthorised use has continued for four years without any enforcement action being taken
  • Operational development relating to building, engineering or mining - Enforcement action can no longer be taken from four years, beginning the date where the operations were substantially completed.
If the breach took place on or after 25 April 2024
  • Change of use of a building, or part of a building, to use as a single dwelling house - Enforcement action can no longer be taken once the unauthorised use has continued for ten years without any enforcement action being taken
  • Operational development relating to building, engineering or mining - Enforcement action can no longer be taken from ten years, beginning the date where the operations were substantially completed.
Other time limits:

There is no time limit for enforcement on breaches of planning control relating to relevant demolition.

For any other breach of planning control, ten years beginning with the date of the breach. This predominantly applies to changes of use.

Read more about breaches of planning control and lawful development certificates on Planning Portal.

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