Changing from a commercial use (use class E) to residential(use class C3) falls under permitted development rights, meaning an application for planning permission is not required.

To use the permitted development right you must meet the rules and regulations set out in legislation, this includes submitting an application for prior approval to the local planning authority. The full list of conditions is available on the government website, or our online application form will tell you whether you are eligible.

If you are not eligible for the permitted development right, you will have to submit an application for full planning permission.

Find out more about change of use

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

‍

Adding a storey on top of an extension will always require an application for planning permission.

If you want to add a storey on top of your house under permitted development rights, it must be on the principal part of the house.

If you want to add an additional storey on top of your house, it can be permitted development. It is only permitted development if it follows certain rules:

The current house

• Is not a building containing one or more flats, or a flat contained within such a building
• Was constructed between 1 July 1948 and 28 October 2018
• Has not already had additional storeys added to it
• Is not on Article 2(3) land or a site of special scientific interest
• Was not changed to be used as a house (from a previous non-residential use) under permitted development rights.

How many storeys can you add?

• If the house is one storey then one storey can be added
• If the house is two or more storeys then two storeys can be added

Where can the storeys be added?

• The additional storeys must be added to the principal part of the house. The principal part of the house is the main part of the house excluding any front, side or rear extension of a lower height (regardless of these being part of the original house or subsequent additions).
• Engineering operations must only include works within the existing curtilage of the house to strengthen existing walls and foundations

How high can it be?

• The house cannot exceed 18 metres in total height
• Each storey cannot add more than 3.5 metres to the total height
• If the house is not detached the total height cannot be more than 3.5 metres higher than the next highest building that the house is attached to, adjoins, or is in the same row as.
• The additional storeys must not exceed 3 metres in height or the height of any existing storey in the principal part of the house (measured internally from floor to ceiling)

What materials can be used?

The materials used must be of a similar appearance to those used in the construction of the exterior of the current house

Where can windows be placed?

Windows must not be placed in any wall or roof slope forming a side elevation of the house.

Following completion of development:

• The house must remain in use as a domestic residential property
• No visible support structures must remain on or attached to the exterior of the house
• The roof pitch of the principal part of the house must be the same as it was prior to the development.

 If any of the limits set out above are exceeded then an application for planning permission will be required. If you are unsure, you should contact your local planning authority.

Find contact details for your local planning authority.

The UK Government provide access to public land records, allowing you to check certain restrictions on land. You can use the online tool to check whether your land is in a conservation area.

VisitGOV.UK and use the planning data map.

(This map covers planning data for England).

‍

If you are unsure you should contact your local planning authority.

Creating a new basement will usually require planning permission, particularly if it affects the external appearance of the property. For example, installing a lightwell to bring natural light into the basement may be subject to stricter design rules if it is visible from the street, especially at the front of the property, compared to those at the rear or side.

Because basement construction involves significant excavation and structural work, permission is often necessary. It’s recommended that you consult your local planning authority early on to understand what is likely to be considered acceptable before submitting a planning application. Building regulations will also apply to a new or conversion of a basement.

Read further guidance on basements.