Home » Misc » House without planning permission

House without planning permission


20 home improvements you can make without planning permission

When you purchase through links on our site, we may earn an affiliate commission. Here’s how it works.

(Image credit: Nigel Rigden)

Join our newsletter

Thank you for signing up to Realhomes. You will receive a verification email shortly.

There was a problem. Please refresh the page and try again.

By submitting your information you agree to the Terms & Conditions and Privacy Policy and are aged 16 or over.

Want to improve your home without planning permission? The good news is that there is plenty you can do without the need to get the go-ahead from local planners thanks to permitted development rights.

Extensions on both a single and two storeys, loft and garage conversions, building a garden room, going open plan, and more could all be possible without the need to apply for planning permission. What’s more, your project could take less time and cost less this way.

We’ve put together 20 options for extending and remodelling to inspire you, along with guidelines on the rules you’ll need to follow.  

Improving without planning permission? Check first

There’s a whole lot of home improvements you may be able to undertake under permitted development rights (PD), but you should always check with your local planning authority to ensure you do not require planning permission, as, in some cases, PD rights may have been removed. 

If you’re thinking of selling the property in the future, obtain a certificate of lawful development from your local authority via the government’s planning portal confirming the project falls within PD. This will cost £103 in England. 

Please note, Scotland, Wales and Northern Ireland each have their own version of these rules, so be sure to check locally.

Permitted development rights for extensions allow single storey extensions without the need for planning permission.

‘Under permitted development rights, you can add a single-storey extension to the back and sides of your house,’ explains Thomas Goodman, property and construction expert at MyJobQuote . ‘In general, rear extensions can extend 4m out from the initial dwelling on detached housing and 3m in other cases. Larger projects of up to 8m are permitted in England, subject to an alert procedure.’

‘Side additions can be up to half the width of the original structure. For a permitted extension, you are limited in ridge height (4m) and the garden space you can cover (no more than 50 per cent). 

Be aware that side extensions are not permitted in conservation areas or Areas of Outstanding Natural Beauty, and any materials used should be similar to the existing property.

(Image credit: IQ Glass Solutions)

2. Remodel your interior without planning permission

As long as you’re not extending the overall footprint of your home, permitted development allows you to carry out interior remodelling – such as demolishing interior walls to create an open-plan layout – without obtaining planning permission to achieve open plan room design ideas.

You’ll need to follow building regulations guidance for some parts of the work, such as structural and electrical changes, though.

‘Keep in mind that you may require building consent if your home is classified as a listed building,’ says Thomas Goodman.

3. Convert your garage without planning permission

Permitted development allows you to alter the internal space within an existing part of your property as long as you are not increasing the overall footprint. This means that it's possible to plan a garage conversion without applying for planning permission.

(Image credit: Barc Architects)

4. Add new windows or doors without planning permission

Fitting new windows and doors of a similar appearance to those used in the construction of the house doesn’t usually require planning permission, as long as your property isn’t listed. In the latter case, it’s important to know how to choose windows for a period home.

Any new windows facing the sides of your property must have obscured glass and cannot open, unless they’re more than 1.7m above the floor of the room. It’s also worth bearing in mind that new bay windows are classed as extensions.

(Image credit: David Woolley)

5. Install rooflights without planning permission

Rooflights can be added to your home without planning permission, providing they don’t project more than 15cm from the roof slope, are no higher than the highest part of the roof and, if they are in a side elevation roof slope are obscure-glazed and either non opening or more than 1.7 above the floor level.

However, planning permission is required where they would extend forward of the roof plane at the front of the property, and they aren’t allowed on properties in a Conservation Area or Area of Outstanding Natural Beauty.

(Image credit: Barbara Genda)

6. Convert your loft without planning permission

Planning a loft conversion is a great way to gain extra rooms. ‘Terraced properties are allowed to develop an additional 40 cubic meters of extra space,’ says Robert Wood, managing director of Simply Construction Group .

‘Semi-detached and detached properties can develop up to 50 cubic meters. With this allowance, you can achieve quite impressive loft conversions which allow for extra bedroom(s) and a bathroom.’

No part of this type of extension should be higher than the highest part of your existing roof, or extend further forward than the roof plane at the front of the house.

(Image credit: Simply Loft)

7. Add a double storey extension without planning permission

A double storey extension can only be added to your house without planning permission – and under PD rights – if it is at the rear. This includes adding a second storey above an existing single storey part of the house. 

A two storey extension must not exceed 3m in depth or be within 7m of the rear boundary. Specific restrictions will also apply to the windows in such extensions. 

(Image credit: Malcolm Menzies)

8. Add a garden room without planning permission

Whether you’d like a home office, studio or summerhouse, adding a garden room is likely to be allowed under PD rights, unless you live in a conservation area.

You should avoid building in front of your property, as this generally requires planning permission, and your plans will also need to meet the following criteria:

(Image credit: Green Retreats)

9. Add a porch without planning permission

Most PD rights do not allow changes to the front of your house, but building a porch is an exception. So long as the porch is not taller than 3m; within 2m of a boundary next to a highway; or over 3 sq m; it can be added without planning permission.

(Image credit: Katie Lee)

10. Combine two buildings without planning permission

If you’re thinking of moving because of a lack of space, consider whether you could convert two houses, such as a pair of semis or two flats, into one, as this can usually be done under PD, and therefore without planning permission. 

It’s worth knowing that the same rules do not applying to splitting an existing property into two – this requires full planning permission.

(Image credit: van Ellen + Sheryn)

11. Change gates, fences and walls without planning permission 

You can erect, maintain, improve or alter a garden gate, fencing or wall, providing it doesn’t exceed 1m tall, if next to a highway, or 2m for any other boundary. For listed buildings, you’ll need to apply for planning permission.

12. Invest in a swimming pool without planning permission

Adding a swimming pool is sure to be a popular decision for the whole family. Under PD rights, you can usually build an outdoor pool within your garden but check with your local authority particularly if you live in a conservation area, listed building, designated land, a national park or on green belt land. 

If you’d rather your pool was indoors, see point eight for the rules on creating an outbuilding. Bear in mind that swimming pools are not popular with everyone, so if you're thinking of selling up any time soon, this is something you need to consider very carefully.

(Image credit: Chris Snook)

13. Add exterior cladding without planning permission

Timber, stone and render are all popular types of external cladding and can usually be added without planning permission providing your home isn’t within a conservation area or Area of Outstanding Natural Beauty. 

Adding cladding alone doesn’t require building regulations approval – but if you’re planning to add insulation, you’ll need to apply to your local building control department.

(Image credit: Nigel Rigden)

14. Create a decked area without planning permission

PD rights cover installing decking in your garden, providing it is no more than 30cm above the ground. The decking ideas, plus any extensions or outbuildings cannot cover more than 50 per cent of your garden – especially crucial when it comes to small garden decking ideas.

(Image credit: Garden House Design )

15. Install solar panels without planning permission 

Solar panels can be added to your home without planning permission. There are some restrictions, though, say the experts at Love Energy Savings . ‘Panels can't be installed above the highest part of the roof (excluding the chimney). They can't stick out more than 20 cm from the roof (although it would be pretty unusual if they did). 

‘If you no longer have any use for your panels or they've broken and you're choosing not to replace them, you're required to take them down in a timely manner. In reality this is not a rule that's very heavily enforced, but it's still on the list of requirements.

‘Scotland has some additional rules regarding solar panels on exterior walls, blocks or flats, and flat roofed buildings.’

Note that restrictions apply in conservation areas and on listed buildings.

(Image credit: Douglas Gibb)

16. Add a driveway without planning permission

Adding a driveway without planning permission is allowed, providing any surface over 5 sq m is made of porous material, or that run-off water from the surface will be directed into a permeable area within the property boundary – not onto the highway. 

However, it’s worth bearing in mind that adding a drop kerb outside your home may require planning permission and must be built to specific standards and approved by your local council, and you can't access a driveway without a dropped kerb. 

(Image credit: Nigel Rigden)

17. Convert a basement without planning permission

If you don’t have sufficient space to extend or convert above ground, you could convert a basement. This will provide you with extra space, without reducing the size of your garden and can transform a home without planning permission.

‘Most people do not know that some basement conversions can be carried out without planning permission,’ says Robert Wood, managing director of the Simply Construction Group . ‘As long as there is an existing cellar or basement, converting it into a living space would not require planning as long as the usage of the room isn’t significantly changing, it isn’t being classed as a separate unit or home, or any work is carried out that would alter the external appearance of the property such as a light well.’

Excavating to create a new basement, which involves major works; adding a separate unit of accommodation; and/or altering the external appearance of the house is likely to require approval, so get in the know about how to apply for planning permission.

(Image credit: Jody Stewart)

18. Convert a building without planning permission

It is possible to convert a disused building, such as a barn, school or church for residential use without planning permission. You will need to check what permissions are needed though, if the building is listed or in a conservation area. If it is a barn that you're converting, you'll need to follow the prior notification procedure.

(Image credit: Zoopla)

19. Relocate a staircase without planning permission

In most cases, you won’t need planning permission to relocate a staircase, providing it doesn’t have an impact on the external appearance of the home. However, do be aware that if you live in a listed building, different regulations may apply.

‘A new staircase can completely transform a hallway, not just in the way it looks but how the space is used,’ says Claire Pascoe, senior designer at Bisca . ‘Assessing the available space and rearranging the layout of the hallway to use the space more efficiently can add valuable square metres to a home's entrance. 

‘A specialist staircase designer will consider all options, including changing the staircase direction to create a better flow of movement, using an open tread design to maximise natural light and reviewing materials used to ensure the stair is in keeping with the period of the property. ’

(Image credit: Bisca)

20. Construct a conservatory without planning permission

Opting for a conservatory can be an easy way of extending a house if your needs change. Conservatory ideas can make for a light filled room to enjoy for living or dining.

A conservatory is treated like other extensions, so provided yours follows the rules, including in terms of its dimensions, position, and proximity to your boundaries, it’ll gain you extra square meterage with a great garden view.

(Image credit: Hillarys)

Lucy is Global Editor-in-Chief of Homes & Gardens having worked on numerous interiors and property titles. She was founding Editor of Channel 4’s 4Homes magazine, was Associate Editor at Ideal Home, before becoming Editor-in-Chief of Realhomes.com in 2018 then moving to Homes & Gardens in 2021. She has also written for Huffington Post, AOL, UKTV, MSN, House Beautiful, Good Homes, and many women’s titles. Find her writing about everything from buying and selling property, self build, DIY, design and consumer issues to gardening.

With contributions from

10 projects you can do without planning permission

Tired of jumping through planning hoops? You might be surprised at what you can achieve without full consent

The process of gaining planning permission can be costly and time-consuming. Setbacks are common and there’s no guarantee that the planners will get on board with your grand vision.

READ MORE: How to make a successful planning application

It's not all doom and gloom, though. Under the UK’s permitted development (PD) rights, there are plenty of ways to remodel your home without the need for a formal application. 

Projects are still subject to some restrictions (they need to meet building regulations for example), so it's important to do your research before charging in, but in general, PD rules allow you to make large changes to your property without too much trouble.

Here's what you could achieve without all the paperwork...

Install a Juliet balcony

Bring the outside in by adding a stylish Juliet balcony to an upper storey. Image: Balustrade.Glass

A Juliet balcony is a great way to open up your living areas to the great outdoors, especially in a smaller home or a property with limited outside space. 

The government's technical guidance states that a Juliet balcony, with no extending platform and therefore no external access, is classed as permitted development, meaning you can skip the official planning applications. 

However, there are always exceptions – if your house is listed, located in a conservation area or part of a block of flats, you're likely to require full consent. 

Switch up your interior

Shake up your layout by creating an open-plan space. Image: John Lewis

Frustrated by an impractical kitchen layout? Whether you want to create a large open-plan living room or fancy adding an ensuite to your bedroom, you can do it all without the stamp of approval from your local planners.

Internal remodelling jobs are covered under permitted development, allowing you to reconfigure wall positions, ceiling heights and room layouts. What are you waiting for?

Add a single-storey extension


A glazed extension can add real wow-factor. Image: Hut Architecture

If you dream of a beautiful glazed extension linking your kitchen to your garden, then good news – single-storey rear and side extensions are both permitted under PD.

There are some size restrictions, however. For rear extensions on a detached house, you can stretch out to a maximum of eight metres from the original property wall or six metres for any other type of property. Additions must not exceed four metres in height. 

For side extensions, you can extend up to a maximum of half the width of the original building and no more than four metres high.

Convert a loft

Empty rafter space has no end of potential.  Image: Jafara/Shutterstock

You can add space and value to a snug home by converting a redundant loft into a useable space without having to battle the planners.

Any extension undertaken as part of the loft conversion should not be higher than the highest part of the roof, and flats and maisonettes may face further restrictions – check the Planning Portal for details of the caveats.

Under PD rights, you can also add rooflights to turn these often dark and dingy spaces into covetable light-filled interiors. From a cosy bedroom to a home office or a handy storage room, there's a wealth of possibilities for that old dusty attic.

Fix up the roof

New roof tiles can add instant curb appeal. Image: karamysh/Shutterstock

Your home is only as good as its roof and, fortunately, you can give yours a bit of TLC without jumping through any planning hoops. You can replace a single section or you could go for a complete refresh and re-roof your entire house.

If you want to create more head height, you’re also in luck. You can change the shape of your roof as long as the works don’t extend more than 150 millimetres beyond the existing slope and alterations don't exceed the highest part of the roof.

Convert your garage

This former garage is now a bright family games room. Image: Masterpiece Design Group

Give your garage a new lease of life and transform it into an additional living space or guest room without lodging a planning application.

To avoid rubbing your local council up the wrong way, you just need to make sure that any works carried out are internal and your garage conversion doesn't involve extending the size of the building outwards.

Build an outbuilding

Splash out on a charming clapboard pool house. Image: Oak Design Co

Yearning for a garden sanctuary at a distance from your main home? Consider it done. Permitted development rights allow the construction of outbuildings on your property, from summer houses to gyms, home offices, garages and sheds.

However, the proposed building must not exceed a height of four metres and cannot cover more than 50 per cent of the land around your house. Start planning your dream space with these amazing garden room ideas.

Install a swimming pool

Add a touch of luxury to your back garden. Image: alexandre zveiger/Shutterstock

Come summer, the idea of lounging by your very own pool, cocktail in hand, is a tempting one. Under PD regulations, it’s a dream that's completely achievable, too.

Swimming pools fall under the same class as outbuildings, so while you can’t go overboard and turn your whole garden into a swimming pool, if you are ready to take the plunge and install one, it won't require planning permission.

Add a two-storey extension

This sleek extension has been decked out with herringbone pine floors. Image: Vine Architecture

Under amendments to planning legislation in 2020, homeowners are allowed to add two-storey extensions to their properties without having to submit a planning application.

Extensions must not extend more than three metres beyond the wall of the original home and be no closer than seven metres to the rear boundary of your property. 

As with outbuildings, extensions to your house (including past projects) must not take up more than 50 per cent of the surrounding land.

The roof pitch of your two-storey addition must also match that of the existing structure as far as possible and similar materials to the original home must be used.

While full planning consent isn't necessary, homeowners will have to seek prior approval from their local planning authority. This is an application to confirm that specified elements of a project are acceptable.

Repurpose a commercial building

This converted high street bank featured on George Clarke's Remarkable Renovations.
Image: Roy Riley / Amazing Productions / Channel 4

The past few years have been tough for retail, but now the government thinks it can solve the problem of the country’s housing shortage and revive Britain’s high streets with one stone: by easing the rules on converting commercial properties into homes.

Then-Housing Secretary Robert Jenrick released a paper outlining the change in rules in March 2021. To meet criteria, the building must be less than 1,500 square metres, have been empty for at least three months prior to the application, and have operated as a commercial business for at least two years.

Would-be developers will need to get prior approval from the local authority – though compared with planning permission this is a walk in the park.

The main areas for concern for the council are the risk of flooding, potential noise pollution for the new residents, provision of light into all habitable rooms and the degree to which the loss of provision would impact the local area.

Restrictions

There are some important caveats to permitted development. If your house is in a designated space – a conservation area or an Area of Outstanding Natural Beauty, for example – PD rights will be more restricted. Similarly, if your property is listed, there are likely to be different requirements for any alterations you're looking to make. 

In addition, flats and maisonettes don't fall within the regulations as alterations could affect neighbouring homes.

It's always a good idea to reach out to your local planning department to discuss your project before you break ground – they'll be able to flag up any causes for concern and advise on whether you may need permissions to carry out the work.

Planning a big project? You can read up on your permitted development rights on the Planning Portal. 

The information above relates to planning policy in England. PD restrictions may differ in Wales, Scotland and Northern Ireland.

READ MORE: 8 renovations that will add money to your home and 8 that will cost you

Top image: Richard John Andrews

What kind of permits the owner of the land does not need to build a house

A citizen was going to build a house on her own plot, but she was denied such permission. The stubborn owner started building the house anyway. Officials called the house in the lawsuit an "unauthorized construction" and asked to be demolished. The district court denied such a decision to the officials, but the regional court did not agree with his colleagues, deciding that the house should be demolished. The defendant appealed to the Supreme Court of the Russian Federation. The Judicial Collegium for Civil Cases of the Supreme Court decided that the demands of the citizen were just.

The dispute began with a lawsuit filed by Krasnodar officials with a request to demolish a house built without a permit. But the defendant filed a counterclaim to the demands of the officials, in which she stated that she was the owner of the site, and the house built on it does not violate the intended use of the land, does not violate anyone's rights, does not endanger the lives of others and meets all sanitary, building and fire safety standards. Therefore, she sees no reason to demolish the house, but asks to recognize her ownership of the house. In the lawsuit, the citizen emphasized that she had asked for a building permit, but had not been given one.

The Prikubansky District Court considered the lawsuit of officials and the counterclaim of the hostess of the house and decided to refuse both.

The Krasnodar Regional Court did not agree with the district court's decision. And, having canceled it, he made a new decision, agreeing with the demand of the officials.

But such a verdict did not suit the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation. And he explained what violations were committed in the consideration of this dispute. The plot of our heroine was in her property, had a cadastral number. The category of the site is the land of settlements, the permitted use is for the construction of residential buildings. The administration of one of the districts of Krasnodar refused to give the owner of the land permission to build a house. There was an on-site inspection of compliance with land legislation by the city administration. The audit showed that a residential building is being built on the site of our heroine without a building permit. The commission drew up a protocol on bringing a citizen to administrative responsibility.

According to the conclusion of the forensic examination, the constructed object is a residential building and complies with building and environmental standards, as well as fire safety requirements. And it was also said there that the rules for land use and development "have not been violated at the disputed object of construction in progress."

The District Court, refusing officials, proceeded from the fact that the citizen built a house on her plot and did not violate any norms, rules, laws. Denying the counterclaim to the developer, the district court emphasized that there was no building permit, but the lady did not take steps to legalize the building.

The regional court, when it overturned the district court's decision and made a new decision, said that the owner of the site did not provide evidence that she was challenging the refusal of local officials to allow construction. Therefore, "the structure being erected has signs of an unauthorized structure, which is subject to demolition by the person who carried it out and at his expense." The Supreme Court of the Russian Federation did not agree with this conclusion.

He started with Article 222 of the Civil Code, which explains what "unauthorized construction" is. This name refers to a building or structure built on a site not provided for construction, and erected without permits in violation of the rules and regulations. The same article says that the right of ownership to an unauthorized building can be recognized by the court, but only if the property is the site on which "the building was created." But for recognition of ownership of a house without a permit, several conditions must be met.

First, if the developer has rights to the land on which the building stands. The second - if on the day of applying to the court the building complies with the parameters "established by the documentation on the planning of territories, the rules of land use and development. " Third - if the preservation of the building does not violate the rights and interests of other people and does not endanger life.

There was a joint resolution of the Plenums of the Supreme and Arbitration Courts (N10/22 of April 29, 2010) which dealt with disputes over property rights. At the plenums, the following was stated: when considering claims for recognition of the right of ownership of an unauthorized construction, the courts should establish whether during the construction "significant violations of urban planning and building norms and rules were made, whether such a construction creates a threat to the life and health of citizens." And the main idea - the lack of a building permit cannot serve as a basis for refusing a claim for recognition of ownership of an unauthorized building. The materials of the plenums emphasize: it is necessary to take into account whether the creator of the illegal building took "appropriate measures" to legalize it, in particular, to obtain a building permit or an act of putting the object into operation. And the courts must also find out whether the officials lawfully denied the citizen permission or commissioning. A claim for recognition of the right of ownership of an unauthorized construction is subject to satisfaction if the court establishes that the only sign of an illegal construction was the absence of a construction permit or an act of putting the facility into operation, and the citizen tried to do so.

In our case, the court found that the citizen built a house on her own land and did not violate any norms and rules, and her house did not pose a threat to anyone. The Supreme Court emphasized that the absence of a building permit in itself cannot serve as grounds for dismissing a claim for recognition of ownership of an unfinished construction project. These circumstances were not taken into account by the appeal. This ultimately led to an unlawful decision by the court.

Legal advice

On the land plot there is a utility block and a barn, connected by an open veranda - up to 50 sq. m. m, all without a foundation. The tax authorities and the property committee qualify these buildings as capital construction projects. Are these buildings classified as real estate subject to mandatory registration?

Larisa, Khimki

According to the Town Planning Code of the Russian Federation, a capital construction object is a building, structure, structure, objects, the construction of which has not been completed, with the exception of non-capital buildings, structures and inseparable improvements to the land plot, and non-capital buildings are buildings structures that do not have a strong connection with the ground and whose design characteristics allow for their movement, dismantling and subsequent assembly without disproportionate damage to the purpose and without changing the characteristics. Thus, the criterion for classifying an object as capital / non-capital is its design features, namely the presence of a foundation, load-bearing and enclosing structures.

If there is a dispute with state authorities about classifying an object as capital and putting it on the appropriate register, it is possible to conduct an examination, for the resolution of which it is possible to raise questions about the inextricable connection between the building and the land, as well as the possibility of moving without disproportionate damage to the purpose of the building. As the tax authorities explain, buildings such as utility blocks, sheds, non-capital buildings are not subject to taxation.

More information on topical issues - in the heading "Legal advice".

Is it possible to register a house built without a building permit? | Eternal questions | Question-Answer

Elena Slobodyan

Estimated reading time: 3 minutes

31165

Category: Legal issues

According to the legislation, there are two types of unauthorized buildings: those that are erected on a land plot not intended for this purpose, and those that are built without permits on a land plot legally owned by the developer. In the first case, it is impossible to legalize such a building, in the second case it is possible.

“In accordance with art. 222 of the Civil Code of the Russian Federation, buildings, structures or other structures erected, created on a land plot without obtaining the necessary permits for this or in violation of urban planning and building codes and regulations are recognized as unauthorized buildings. A person who has carried out unauthorized construction shall not acquire the right of ownership to it. It does not have the right to dispose of the building: sell, donate, lease, make other transactions. Unauthorized construction is subject to demolition by the person who carried it out or at his expense, except for the cases provided for by this article,” says 9 about the first case.0060 lawyer Natan Budovnitz.

What if the land is owned, the house has been built, but there was no permit?

If the house was erected on a plot that belongs to the owner of the house, then the unauthorized structure can be legalized. The right of ownership to an unauthorized construction may be recognized by the court, and sometimes in a different manner, as the lawyer says, subject to the following conditions:

- if, on the day of applying to the court, the building complies with the parameters established by the territory planning documentation, land use and development rules, or mandatory requirements for building parameters contained in other documents;

- if the preservation of the building does not violate the rights and legally protected interests of other persons and does not pose a threat to the life and health of citizens.

You can legalize the ownership of a building using the so-called "dacha amnesty", which expires on March 1, 2018. According to the terms of the "dacha amnesty", it is not necessary to obtain an act of putting the facility into operation. To register the right, it is enough to make a cadastral passport for the house and present title documents for the land (lease agreement or certificate of ownership).

Now the Ministry of Finance proposes to simplify the procedure. Since 2018, the department has been proposing to switch from a permissive construction procedure to a notification one. The relevant bill has already been submitted to the State Duma. According to the draft law, owners of houses with an area of ​​less than 500 square meters will not have to obtain building permits, they will be registered by local authorities. It will be enough for the owners of such houses to inform the local government about the construction.

See also:

unauthorized construction

Next article

You may also be interested in