Building A Rear Extension With Permitted Development Rights For Householders

Building A Rear Extension With Permitted Development Rights For Householders

Introduction

Building a rear extension can provide numerous benefits for homeowners in the UK, including increased living space, added value to the property, and customized living spaces. Utilizing Permitted Development Rights for Householders – Class A can enable homeowners to build a rear extension without submitting a planning application.

However, it’s essential to keep in mind the conditions and limitations. Homeowners should also be aware that a local planning authority has the power to eliminate permitted development rights in a particular area by issuing an Article 4 Direction, which would require a planning application for any development.

To confirm the legality of an existing or proposed building usage or operation, homeowners can apply for a Lawful Development Certificate. Overall, building a rear extension can provide many benefits, but it’s crucial to follow the regulations.

Benefits of Rear Extension

It can add significant value to a property, potentially increasing its market value and making it more appealing to buyers. Also, it can provide an opportunity to customize the home to better suit the family’s needs, allowing for the creation of bespoke living spaces. Finally, building a rear extension can be a more cost-effective option than moving house, saving homeowners the costs and stress of purchasing and relocating to a new property.

Permitted Development Rights for Householders – Class A

Permitted development rights allow certain developments such as alterations and extensions to the dwellings to be authorized without a planning application. These rights are commonly referred to as “Permitted Development Rights for Householders.” “Permitted Development Rights – Class A” covers the enlargement, improvement, or alterations to a house such as rear or side extensions as well as general alterations such as new windows and doors.

Some Conditions and Limitations for Building A Rear Extension

There are certain conditions and limitations apply to such developments with permitted development rights. Some of the related conditions for building a rear extension are:

  • Extensions to dwellings need to ensure that they can be “read” as an extension and do not dominate the existing dwelling.
  • To maintain this, extensions and other buildings must not exceed 50% of the curtilage. The 50% limit covers all buildings (excluding the original house), so it will include existing and proposed outbuildings as well as any existing or proposed new extensions to a house.
  • Any enlargement, improvement, or alteration to a house must not exceed the height of the highest part of the roof of the existing house.
  • A single-storey rear extension which is not on article 2(3) land or on a site of special scientific interest must not extend beyond the rear of the original house by more than 8 meters if a detached house or by more than 6 meters in any other case. In both cases, the total height of the extension must not be more than 4 meters.
  • Larger single-storey rear extensions that extend beyond the rear of the original house by more than 4 meters and less than 8 meters for detached houses or more than 3 meters and less than 6 meters for other houses are subject to a “Neighbour Consultation Scheme” to assess the impact on their property.
  • If a house has an existing, single-storey rear extension which extended beyond the rear wall by more than 3 metres, then it would not be possible to add an additional first-floor extension above this without an application for planning permission – this is because the total enlargement of the house would then consist of more than one storey and would extend beyond a rear wall by more than 3 metres.

To find all the conditions and limitations please see the Technical Guidance of the Ministry of Housing, Communities and Local Government: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/830643/190910_Tech_Guide_for_publishing.pdf

Article 4 Directions

It should be noted that a local planning authority has the power to eliminate permitted development rights in a particular area by issuing an Article 4 Direction or by removing those rights in the original or any subsequent planning permission for the house.

If permitted development rights have been removed in either of these ways, a planning application will be required for any development.

Prior Approval

The ‘Prior Approval‘ procedure is relevant for larger single-storey rear extensions that exceed specific dimensions. For detached houses, this entails a projection of over four and up to eight meters beyond the rear wall of the original house and for all other houses, a projection of over three and up to six meters is considered.

If you intend to build an extension of this magnitude, you must make an application to the local authority, which will then notify the neighbouring residents of your proposals. If your neighbours raise any concerns or objections, the local authority will be obliged to evaluate the proposed extension’s effect on the amenity of all adjoining properties and make a decision on whether it can proceed.

Lawful Development Certificate

A Lawful Development Certificate is a legal document that verifies the legality of building use, operational development or other related matters either in the past, present or future. When there is a need to confirm the lawfulness of an existing or proposed use of buildings, an application for a Lawful Development Certificate can be made.

This certificate can also provide clarity in cases of doubt about the legality of a proposed permitted development such as building a rear extension. 

In conclusion, the eligibility for the development of a rear extension under permitted development rights is subject to certain conditions and limitations. To maintain eligibility, it is important to ensure that these conditions and limitations are met. If you require further assessment to confirm these criteria, please do not hesitate to contact us.

To proceed with the building of a rear extension, even if it does not meet the eligibility criteria for permitted development rights, we can submit a householder planning application on your behalf.

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DISCLAIMER: There are numerous caveats and restrictions. Because of the generality of this update, the information provided herein may not be applicable in all situations.A comprehensive review would be required for certainty. The information contained on this website is for general information purposes only.

While every effort has been made to ensure that the information provided is accurate and relevant, we do not accept any liability for any decisions made based on this information, including any financial or construction-related decision.
For permitted development rights, it is important to note that when inquiring about the permissibility of proposed works, councils may not provide a definitive response via email. Instead, they may advise submitting a certificate of lawfulness to determine whether the works are permitted or not. While this may not always be necessary, it can provide certainty in cases where it is required.

Please contact us for further information and a more detailed assessment. If you are in any doubt, you should contact your Local Authority before undertaking any work. Whilst we endeavour to keep the information up to date and detailed, Se & Se Consultancy Ltd. makes no representations or warranties about the accuracy with respect to information of any kind without a detailed assessment and/or Local Authority confirmation.

Se & Se Consultancy Ltd. 2023 |
Planning and Architectural Specialists

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