What permitted development allows.

Granted in advance by national law and removable by a single condition.

Reviewed October 2026
The short answer

Permitted development is planning permission granted nationally for set classes of work: extending a house, adding storeys, turning some farm and commercial buildings into homes. Each class has limits, many need prior approval, and a condition or an Article 4 direction can remove the rights.

In practice · A fertiliser barn

From prior approval to full planning

A prior approval settles that a building may become homes. It does not weigh everything a planning application would. On this barn both tests were applied, three years apart.

The order of work
01Prior approvalFive homes under Class Q, 2023.
02Work beginsConditions cleared, drainage in, 2025.
03The deadlineCompletion due within three years.
04Full planningGranted first time, June 2026.

A steel-framed fertiliser barn on a family estate in South Warwickshire, roughly forty metres by twenty, with a structural report confirming it could be converted. Prior approval for five homes came in the summer of 2023.

The job
Site
A redundant fertiliser barn on a South Warwickshire estate
Role
RIBA Stages 1 to 3 and planning agent, on both applications
Consent
Class Q prior approval, 2023; full planning permission, June 2026
Outcome
Five homes, granted at the first application each time

The estate started the conversion: the pre-commencement conditions were discharged and drainage went in during 2025. What ran short was time. A Class Q conversion has to be completed within three years of the prior approval, not merely started. Delays to a public right of way diversion and to the issuing of the decision notice had eaten into that window.

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So the second application was drawn to the first one's parameters: the same building, the same footprint, the same five homes and 25 square metres added across the whole scheme. With five homes already approved and the approval implemented, the council was no longer deciding whether homes belonged in that barn. It was deciding whether these five were better. A full permission also has no completion deadline: once it is begun within its time limit, the conversion is off the prior approval's three-year clock.

That is the limit of a prior approval and it is worth knowing before relying on one. It is judged against the matters the order lists, not the whole planning balance. Nothing in it had required private gardens, bin and cycle stores, or bedroom windows turned away from the neighbouring cottages; the full application added all three.

Permission came at the first application, seventy-nine days after it was received, with fourteen conditions. The last removes permitted development rights from the five new homes, so any future extension will need a planning application of its own.

The proof

Four more sites, four routes.

Class Q · approved

Green Gate Barns

A redundant steel-framed barn at Earlswood, near Solihull, converted to two homes under Class Q inside the barn's own footprint. Prior approval came forty-three days after the application was registered, inside the fifty-six days the order allows.

Ref PL/2022/01375/PNCUDW · View project
Larger extension · confirmed

The White House

A 1950s bungalow in the Green Belt near Hatton. Before applying to replace it, we had the council confirm the largest single-storey rear extension the rights allow, eight metres deep, so a lawful fallback was on the record for the case.

Warwick ref W/20/0076 · View project
Certificate · granted

A rear extension

A single-storey rear extension and a new side door for a house in Lillington, Leamington, confirmed in advance as permitted development by a certificate of lawfulness. No planning application was needed and the owners had the council's answer in writing inside eight weeks.

Warwick ref W/18/2092 · Dec 2018
Not Class Q · full planning

A stone barn

A historic stone barn on the same estate as the fertiliser barn did not fit the Class Q checklist, so it went for full planning and was granted at the first application. The consent removed every permitted development right from the new home.

Full planning, 2024 · View project

Every planning application we make in our own name is a matter of public record on a council register, and ours reach more than 100 planning authorities across the UK.

Architects for Class Q conversions →
The first step

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Start a conversation
01 · Where you stand

First, check the rights still exist

The rights that matter here belong to a type of building, not to whoever owns it. A house has householder rights; a flat or maisonette has none of them. Farm and commercial buildings have classes of their own. So the first question is what your building lawfully is.

Then read the decision notice of any permission that created or altered the property, because a condition can remove the rights. Check for an Article 4 direction and whether the land is in a conservation area, National Landscape, National Park or World Heritage Site, where several rights are narrower.

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A listed building is different again. Householder rights do not lift the need for listed building consent for any work affecting its character. Garden buildings, walls and fences within its curtilage fall outside the classes altogether.

A building that was built or is being used unlawfully carries no permitted development rights until it has become lawful. If the planning history has a gap, settle that first.

The householder allowances are measured from the original house: as it stood on 1 July 1948, or as first built if later. Extensions added by previous owners count against what is left, which is why two identical houses on one street can have different rights.

02 · The rights

Three families of rights and prior approval

Three families of rights are set out here, with the prior approval step many of them share. Failing any one limit means the whole project needs permission.

Family 01

Extending a house

A single-storey rear extension can go 4 metres beyond the original rear wall of a detached house and 3 metres on any other, or 8 and 6 metres after the council notifies the neighbours, outside protected areas. Side and roof limits apply too.

Where it fails: extensions and garden buildings may cover no more than half the curtilage, leaving out the original house.
Family 02

Building upwards

Up to two storeys can be added to a house of two or more storeys and one to a bungalow, if it was built between July 1948 and October 2018 and is not in a conservation area, National Park or other protected area.

Where it fails: nothing can start until the council gives written approval; for these classes, silence is not consent.
Family 03

Changing the use

Commercial buildings in Class E can become homes under Class MA after two years in that use, and farm buildings under Class Q, up to ten homes and 1,000 square metres. Both need prior approval and both exclude listed buildings.

Where it fails: the conversion must be finished within three years of the prior approval, not merely started on site.
Procedure

Prior approval

The council tests a fixed list of matters, such as highways, flooding, noise, contamination, natural light and appearance, rather than the whole planning balance. For most changes of use it has fifty-six days to decide.

Where it fails: fifty-six days of silence lets work begin, but it cannot make an ineligible building qualify.
03 · The boundary

Curtilage and why it matters

Householder rights reach only as far as the curtilage: the land that belongs with the house and serves it as a home. The order does not define curtilage for houses, so it is decided on the facts of each site. A large garden can be curtilage, while in two cases the courts held that paddocks kept with a house were not.

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Turning part of a field or paddock into garden is a change of use; whether it needs planning permission depends on the facts. Even once that is settled, the new garden may still fall outside the curtilage, so building on it under householder rights is a gamble.

Farm buildings are treated differently. For a Class Q conversion the order does define curtilage: the land immediately around the building and closely associated with it, or an area no larger than the land the building occupies, whichever is less.

On a listed site, curtilage matters twice over. Any structure within the curtilage of a listed building that has formed part of the land since before 1 July 1948 is treated as part of the listed building, unless the list entry says otherwise. A garden wall can need listed building consent of its own.

Common questions

Permitted development, answered

Do flats have permitted development rights?

Not the householder rights. Extending a flat, enlarging its roof or adding a garden building all need planning permission.

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The householder allowances (the rear extension, the loft, the garden room) belong to dwellinghouses and the order says plainly that a dwellinghouse does not include a building containing one or more flats, or a flat within such a building. Some permitted development rights are not tied to houses and can still apply to a block of flats, such as walls, fences and gates within their limits. One class also lets the owner of a detached, purpose-built block of three or more storeys add up to two storeys of flats, with prior approval. But a leaseholder hoping to extend under the householder rules has none to use.

How does an Article 4 direction affect permitted development?

An Article 4 direction withdraws named permitted development rights for an area or a single site, so the work needs a planning application.

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A direction is made by the council or the Secretary of State. In a conservation area a council can give one immediate effect for changes facing a road or open space, such as windows, doors and roofs. The Framework's examples include preventing too many small houses in multiple occupation. The Framework of August 2026 says a direction should be limited to situations where it is necessary to protect local amenity or the wellbeing of an area, be based on strong evidence and apply to the smallest area needed (policy DM10). A direction is publicised when it is made, with a place where it and its map can be inspected. It applies to the land, so it binds every later owner.

Can a planning condition remove permitted development rights?

Yes. A condition on the permission that built or altered a property can remove some or all of its permitted development rights.

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The order expressly gives way to such a condition. The Framework says conditions should not restrict national permitted development rights unless there is clear justification (policy DM6), but both barns on this page with full planning permission carry one; on the fertiliser barn neither we nor the council wanted the settled design altered by right. The condition is written on the decision notice of the permission that created the house, not in your title deeds, which is why it is easy to miss. It can be challenged by an application to vary or remove the condition, decided on the planning merits at the time of that decision.

Do I need a lawful development certificate for permitted development?

No. But a certificate is the only way to get a conclusive answer from the council, before you build, that a project is permitted development.

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Permitted development can be built without one and that is lawful. A certificate earns its fee where someone else will rely on the answer: a buyer's solicitor, a lender or a neighbour likely to complain. It is decided on the drawings and the facts, not on whether the council likes the design. It describes the project as drawn on the day you apply, so build what was certified. More on how certificates work is in the guide to lawful development certificates.

Does permitted development apply in a conservation area?

Yes, but less of it: no side extensions, no cladding, no roof enlargements and no rear extension beyond one storey or the standard depth.

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The same narrower householder rules apply in an area of outstanding natural beauty (now known as a National Landscape), a National Park, the Broads and a World Heritage Site. On those four, garden buildings more than 20 metres from the house are also capped at 10 square metres in total. On all of that land, conservation areas included, garden buildings may not go between a side wall and the boundary. A council can add an Article 4 direction on top to bring windows, doors and roof coverings under control. Separately, most work to a tree in a conservation area needs six weeks' notice to the council, or consent if it has a preservation order, even when the project is permitted development. The more designations a site carries, the more worthwhile it is to check the position in writing before drawing anything.

Can I build a garden room without planning permission?

Usually, as permitted development: single storey, incidental to the house, not in front of it and within height limits.

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Within 2 metres of a boundary it may be no more than 2.5 metres high. Further from the boundary the limits are 4 metres with a dual-pitched roof and 3 metres for any other roof, with eaves no higher than 2.5 metres. Garden buildings and extensions together may not cover more than half the curtilage, leaving out the ground the original house stands on. Incidental means uses such as a store, a shed or a garage for the household; government guidance says a bedroom, bathroom or kitchen is not incidental. A separate home is a change of use the rights do not cover. Nothing may be built under these rules within the curtilage of a listed building.

Can permitted development be used to build a new house?

Not on an empty plot. Every class that creates new homes starts from an existing building: converting it, adding storeys or replacing it.

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Class Q converts farm buildings and Class MA converts commercial ones. Other classes add storeys of new homes on top of certain blocks of flats, commercial buildings and houses; one allows a vacant building of a set age and type to be demolished and replaced by homes, within limits on footprint and height. Every one runs through prior approval. A field, a garden plot or a cleared site has no permitted development route to a new home and needs planning permission.

Can neighbours object to permitted development?

Only where the class makes the council notify or consult them, as with a larger rear extension. Even then, only on the listed matters.

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Adding storeys is the other common case where neighbours are consulted. For a larger single-storey rear extension the council notifies the adjoining owners and, if one of them objects, decides whether the extension's effect on their amenity is acceptable. For most other projects neighbours have no formal say: permitted development rights are granted nationally and a project inside them is lawful whatever a neighbour thinks of it. A neighbour can still ask the council to investigate a project they believe breaks the limits, which is one good reason to keep the measured drawings or a certificate.

Sources

Where this page comes from

Every rule here was read on 14 October 2026 in the order, the Acts, the Framework of 17 August 2026, government guidance and court judgments.

Checked 14 October 2026
Order
Part 3: changes of use, prior approval and Classes MA and Q
Order
Article 3 and article 4: conditions, unlawful use and directions
Act
Town and Country Planning Act 1990, section 192: certificates
Act
Listed Buildings Act 1990, section 1: curtilage listing
Framework
National Planning Policy Framework, policies DM6 and DM10
Guidance
When is permission required?, planning practice guidance
Courts
Keenan, Blackbushe and Burford: prior approval and curtilage
Our record
Our job files for the barn and the four sites on the shelf
Written by

Rickett Architects

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