Learning Outcomes
This article outlines matters not requiring express planning permission in property transactions, including:
- Circumstances in which express planning permission is not required under the Town and Country Planning Act 1990 and the General Permitted Development Order
- Distinctions between works that do not constitute “development” and development permitted by the GPDO
- Scope and limits of permitted development rights
- Role and effect of Article 4 Directions and planning conditions in withdrawing permitted development rights
- Circumstances in which internal works and changes of use fall outside planning control
- Interaction with building regulations approval
- Circumstances requiring prior approval or a certificate of lawfulness
- Application of these principles to common residential and commercial scenarios
SQE1 Syllabus
For SQE1, you are required to understand matters not requiring express planning permission in property transactions, with a focus on the following syllabus points:
- The statutory definition of “development” and specific exclusions in TCPA 1990, s 55
- The concept and scope of permitted development rights under the GPDO 2015 (as amended)
- When prior approval is required for permitted development changes
- Certificates of lawfulness (proposed use/development) and their practical use
- The effect of Article 4 Directions and planning conditions in restricting permitted development
- Internal works and their status under s 55(2)(a)
- Changes of use not requiring permission, including changes within the same use class under the Use Classes Order 1987 (as amended, notably 2020)
- Limits: conservation areas, national parks/AONBs, listed buildings, and sui generis uses
- Practical implications for due diligence, local searches, and advising buyers and tenants
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- Which types of building works are generally excluded from the statutory definition of "development" and do not require planning permission?
- What is a permitted development right, and how can it be restricted?
- When does a change of use not require express planning permission?
- What is the effect of an Article 4 Direction on permitted development rights?
Introduction
Planning control regulates the development and use of land. Not all works or changes of use need an express planning permission: some activities are simply outside the statutory concept of “development,” and many common works are treated as having permission by national permitted development rights. For property transactions, the key is to identify whether proposed or past works fell outside “development,” were covered by permitted development, or required express permission. You must also consider whether permitted development rights have been withdrawn locally or by planning conditions, and whether separate regimes, such as building regulations or listed building consent, still apply.
Key Term: development
“Development” means building, engineering, mining or other operations in, on, over or under land, or a material change in use of buildings or land (TCPA 1990, s 55). Operational development includes demolition, rebuilding, structural alterations or additions and other operations normally undertaken by a builder (s 55(1A)).Key Term: matters that do not constitute development
Activities excluded from “development” and therefore not requiring planning permission, including certain internal works, incidental uses within the curtilage of a dwellinghouse, and changes of use within the same use class.
Works Not Constituting "Development"
The statutory definition of development in TCPA 1990, s 55 is broad, but specific carve-outs mean some common activities do not require planning permission because they are not “development” at all.
Internal Works
Works affecting only the interior of a building, or works that do not materially affect the external appearance, are not “development” (TCPA 1990, s 55(2)(a)). Typical examples include removing non-loadbearing internal walls, installing kitchens or bathrooms, reconfiguring internal layouts, and interior-only refurbishments.
Points to watch:
- If an “internal” proposal would materially affect the external appearance (for example, new or altered window openings or external cladding), it will be development and cannot rely on s 55(2)(a).
- Large internal mezzanine floors may be treated as development in certain circumstances, particularly in retail premises, due to their planning impacts.
- Building regulations approval is a separate regime and may still be needed for internal works, for structural safety, fire safety, drainage, and electrics.
- Listed buildings: even internal works can require listed building consent if they affect the building’s special architectural or historic interest.
Key Term: internal works
Alterations or improvements affecting only the inside of a building, which do not materially affect the external appearance and are not “development” under s 55(2)(a).
Incidental Use
Using buildings or land within the curtilage of a dwellinghouse for purposes incidental to the enjoyment of the dwellinghouse is not “development” (TCPA 1990, s 55(2)(d)). This covers garden sheds, cycle stores, hobby rooms, and a modest home office within a dwellinghouse where the residential character remains predominant.
Practical limits:
- The incidental use must be subordinate to residential use. Converting a garage to a professional workshop with significant client footfall or installing a standalone outbuilding used mainly for business may cross the line into a material change of use.
- Creating a self-contained “granny annex” that operates as a separate dwelling is not incidental and would generally be development requiring permission.
- Outbuildings used for primary business purposes with frequent visitors or deliveries may amount to a material change of use.
Change Within Same Use Class
A change of primary use within the same use class under the Town and Country Planning (Use Classes) Order 1987 (as amended) is not “development” (TCPA 1990, s 55(2)(f)). The major 2020 reforms consolidated several commercial categories into Class E (commercial, business and service), meaning many common town-centre switches are now within one class.
Examples:
- Shop (E(a)) to café for on-premises consumption (E(b))
- Bank or estate agency (E(c)) to office (E(g)(i))
- Gym (E(d)) to clinic (E(e))
Remember:
- Changing a single dwellinghouse (C3) into two or more dwellinghouses is expressly a material change of use requiring permission.
- Changes to or from sui generis uses (e.g., pubs, hot food takeaways, nightclubs, bingo halls, petrol stations) are not within a use class and typically require express permission, unless a specific permitted development right applies.
Key Term: use class
A category of property use defined by the Use Classes Order, grouping similar uses for planning purposes. The Order was significantly reformed in England in 2020; some classes differ in Wales.
Permitted Development Rights
Even where an activity is “development,” planning permission may be deemed to be granted by the Town and Country Planning (General Permitted Development) Order 2015 (GPDO), subject to conditions, limitations, and in some cases, prior approval.
Key Term: permitted development
Development that benefits from a national grant of permission under the GPDO, subject to conditions, limitations, and exclusions.
Core householder and minor operations include:
- Small extensions, porches, and conservatories within specified dimensional limits (e.g., rear single-storey householder extensions meeting height and projection limits)
- Certain roof alterations (e.g., roof-lights and dormers within the “roof enlargement” envelope)
- Erection of fences, walls, and gates up to height limits (typically up to 2 metres, or up to 1 metre adjacent to a highway)
- Exterior painting and minor alterations, small solar PV installations
- Changes of use between specified categories, such as some Class E (commercial) to C3 (residential) via Class MA, subject to prior approval
Prior approval is embedded across various GPDO classes. It is not a full planning application, but the local planning authority must assess specified impacts (e.g., transport and highways, noise, flooding, contamination, design, and in some cases natural light) before work or conversion can commence.
Common commercial PD example:
- Class MA (introduced in 2021) permits change of use from Class E to C3 (residential) subject to prior approval and criteria (including floorspace caps and minimum vacancy periods). Always check the current GPDO text for the latest thresholds and conditions.
Conditions and limitations matter:
- Materials: householder PD often requires similar external materials to be used
- Siting: restrictions near boundaries, highways, and principal elevations
- Design: cumulative volume or enlargement caps, and prohibition in certain designated areas
- Ancillary provisions: constraints on balconies, verandas, or raised platforms
Worked Example 1.1
A homeowner wishes to build a single-storey rear extension that extends 3 metres from the original rear wall of a semi-detached house. Is planning permission required?
Answer:
No, provided the extension meets the conditions and limitations in the GPDO (including height, materials, and siting) and the property is not subject to a designation or planning condition removing PD rights. Building regulations approval will still be required.
Worked Example 1.2
A householder plans to replace a 1.8m garden fence with a 2m fence along the side boundary. Part of the fence runs adjacent to the highway. Is this permitted development?
Answer:
Erecting a fence up to 2m high is generally permitted development, but where adjacent to a highway the limit is typically 1m. If any part adjacent to the highway exceeds 1m, express planning permission is likely to be required for that section.
Article 4 Directions
Local planning authorities (and in some cases the Secretary of State) can withdraw specified permitted development rights in defined areas by making an Article 4 Direction. This means planning permission is required for development that would otherwise be permitted.
Key Term: Article 4 Direction
A direction made to withdraw specified permitted development rights in a defined area or for identified sites. It is revealed on local search and may be targeted at specific classes (e.g., householder extensions, replacement windows, or C3→C4 HMO changes).
Article 4 Directions are common in conservation areas and areas of special townscape. New housing estates may also have conditions attached to planning permissions removing some PD rights. Always check:
- Local land charges and CON29 replies for Article 4 Directions and planning conditions that remove PD rights
- Whether a development is in a designated area (e.g., national parks, AONBs), where many PD rights are restricted or modified
Worked Example 1.3
A property is in a conservation area with an Article 4 Direction removing permitted development rights for replacement windows. Can the owner replace the windows without planning permission?
Answer:
No. The Article 4 Direction withdraws PD rights, so express planning permission is required. Listed building consent may also be needed if the property is listed.
Worked Example 1.4
A landlord intends to convert a dwellinghouse (C3) into a small HMO (C4, up to six residents). The area has an Article 4 Direction covering C3→C4 changes. Can the conversion proceed without express permission?
Answer:
No. Although the GPDO has historically allowed certain C3→C4 changes, the Article 4 Direction withdraws that PD. An express planning permission is required.
Changes of Use Not Requiring Permission
Certain changes of use do not require express permission, either because they are not “development” (same use class) or because they are permitted development under the GPDO subject to conditions and prior approval.
- Same use class: many intra-Class E switches are not development
- GPDO-permitted changes: specified transitions (e.g., certain Class E to C3 through Class MA) subject to prior approval on defined impacts (e.g., transport, noise, flooding, contamination, natural light)
- Temporary uses and use of land for events may be permitted under GPDO subject to limits
Key Term: prior approval
A GPDO mechanism requiring the local planning authority to approve specified impacts before permitted development can be carried out, even though express planning permission is not required.Key Term: certificate of lawfulness
A certificate confirming that proposed works/uses are lawful without express planning permission because they are not “development” or they are permitted development (TCPA 1990, s 192). Useful for transaction certainty where PD or non-development status is unclear.
Where doubt exists, a certificate of lawfulness of proposed use or development can be sought before works commence to avoid disputes and assist lenders and purchasers.
Worked Example 1.5
A small shop (Class E) is converted to a financial services office (also Class E). Is planning permission required?
Answer:
No. As both uses are within Class E, this is not “development” under s 55(2)(f). Building regulations or fit-out consents may still be required.
Worked Example 1.6
An owner of a Class E office proposes conversion to residential flats under Class MA. The unit has been vacant for several months and meets floorspace limits. Is express planning permission required?
Answer:
No, if the proposal complies with Class MA and gains prior approval for the specified matters (e.g., transport impacts, flooding, contamination, noise, and adequate natural light to habitable rooms). Building regulations approval will be required. If Article 4 Directions or planning conditions remove or restrict this PD right, express permission would be needed.
Limitations and Exceptions
Permitted development rights and “non-development” carve-outs do not apply across the board. Key limitations include:
- Designated areas: conservation areas, national parks, Areas of Outstanding Natural Beauty, and World Heritage Sites often have tightened PD limits or exclusions
- Listed buildings: listed building consent may be required for internal or external works affecting special interest; PD rights are often more limited
- Article 4 Directions: locally withdraw PD rights, often targeted at specific changes (e.g., householder works, HMOs, shopfront alterations)
- Planning conditions: past planning permissions may include conditions removing PD rights for that property (commonly on new estates)
- Sui generis uses: changes to/from uses such as pubs, hot food takeaways, nightclubs, petrol stations usually need express permission
- Building regulations: entirely separate from planning. Most building works, even where planning permission is not needed, require building regulations approval. Self-certification schemes (e.g., FENSA for glazing) can evidence compliance
- Demolition: some demolition is excluded from “development” or is permitted development subject to conditions/prior approval; partial demolition usually comprises operational development. Conservation area controls may require express consent
- Subdivision of dwellings: conversion of a single dwellinghouse to multiple dwellinghouses is a material change of use requiring express permission
- Time limits and enforcement: if past development was carried out without permission, consider enforcement limitation periods—generally 4 years for operational development and use as a single dwellinghouse, 10 years for other changes of use and breaches of conditions. Concealed breaches can attract extended enforcement powers
Risk management in transactions:
- Local search (LLC1 and CON29) should flag Article 4 Directions, enforcement notices, stop notices, breach of condition notices, and whether planning permissions or building regulations approvals exist
- If documentation is missing and enforcement periods have passed, indemnity insurance may be considered; however, do not contact the local authority about the absence of permission where insurance is being contemplated
- When relying on PD or “non-development” status, consider seeking a certificate of lawfulness to provide certainty for buyers and lenders
Worked Example 1.7
A homeowner in an AONB proposes a large roof dormer on the principal elevation facing the highway. Will permitted development rights apply?
Answer:
Many roof enlargement PD rights are restricted or excluded in designated areas and on principal elevations facing a highway. In an AONB, the proposal is unlikely to be permitted development. Express planning permission would likely be required, and building regulations approval will also be needed.
Exam Warning
Many candidates incorrectly assume that all minor works are permitted development. Always check the GPDO conditions, whether prior approval is required, and whether any Article 4 Direction or planning condition removes PD rights. Do not confuse planning control with building regulations—internal-only works may not need planning permission but can still require building regulations approval. Changes within the same use class avoid planning control, but changes to/from sui generis uses and subdivision of dwellinghouses require express permission.
Summary
- Some activities are outside “development”: interior-only works not affecting external appearance, incidental uses within the dwellinghouse curtilage, and changes within the same use class
- Many common works and changes benefit from permitted development under the GPDO, often subject to strict conditions, limitations, and prior approval
- Article 4 Directions and planning conditions can withdraw PD rights, requiring express permission
- Listed buildings, designated areas, and sui generis uses limit the scope for PD and non-development routes
- Building regulations is a separate approval regime and often applies even where planning permission is not needed
- Certificates of lawfulness can provide certainty that proposals do not require express permission
Key Point Checklist
This article has covered the following key knowledge points:
- The statutory definition of “development” and exclusions for internal works and incidental uses (TCPA 1990, s 55)
- Changes within the same use class that are not “development”
- The operation of permitted development rights under the GPDO, including householder and commercial changes
- Prior approval: when it is required and what it covers
- The effect of Article 4 Directions and planning conditions in restricting permitted development rights
- The role of listed building consent and designated area restrictions
- Sui generis uses and their need for express permission
- The importance of building regulations approval even where express planning permission is not required
- Practical transaction steps: local search, evidence of consents, indemnity insurance, and certificates of lawfulness
Key Terms and Concepts
- development
- matters that do not constitute development
- internal works
- use class
- permitted development
- Article 4 Direction
- prior approval
- certificate of lawfulness