Householder permitted development rights are changing

New legislation came into force on 6 February 2012 which alters your rights as a domestic householder to undertake certain development works without the requirement for planning permission.

The main changes introduced to Householder Permitted Development include:

Houses and Flats within a Conservation Area

• Greater restrictions on all types of development;

Houses Outwith Conservation Areas

• Continued restrictions for certain types of development within the curtilage of a listed building;
• Restrictions within the front and side gardens where these front a road;
• Greater allowances for rear garden development (in particular changes to the size of single storey extensions that are permitted);
• Changes for dormer extensions;
• Greater allowances for alterations and installations to houses (providing these project no more than 1 metre from walls and roofs);
• Specific controls for balconies, decking, hard standings and access ramps;
• Changes for fences, walls and gates.

Flats Outwith Conservation Areas

• Greater allowances for alterations and installations to flatted dwellings (providing these project no more than 1 metre from walls and roofs);
• Existing controls over fences, walls and gates remain unchanged

Other relevant changes

• New definitions of “Principal & Side Elevation”
• New methods for calculating “Site Area”
• Changes to the methods of calculating “Height”

The Scottish Government’s website will, in time, provide further information and guidance, including the actual Amendment Order. We will post an information leaflet giving guidance on how the legislation may affect you on our Advice Leaflets page as soon as it is available.

In the mean time, please contact our Planning Department and we will advise you on any specific proposals you may have.