* Planning Permission and Building Regulations  *

The following applies to building projects in England and Wales. For further information you should contact your local planning authority or visit the Planning Portal

Please note that planning rules for Scotland differ - check here for more information.

 Planning and Building Regulations - Introduction

Before embarking on a building project its always a good idea to contact the planning department at your local Council. Most Councils will provide, free of charge, planning and regulation booklets. Local authorities differ in their interpretations of planning rules so its wise to check your project can proceed.

If you go ahead with your development without the required permission, your local planning authority can ask you to make a retrospective planning application. If it decides that permission should not be granted it may require you to put things back as they were - a costly, time consuming and frustrating exercise. You can appeal but if the verdict comes out against you and you still refuse to comply you may be prosecuted.

If you believe you do not need planning permission for your project but it involves any kind of structural alteration you may still need building regulation approval.

The planning system is in place to protect landuse and the environment in the public interest. It is not designed to protect the interests of one person over another. Councils should try to ensure that development is allowed where it is needed, but without adversely affecting the character and amenity of the area.

Building regulations ensure that construction work meets at least the minimum standards of design and stability. They are completely separate from planning permission and will almost always be required when any structural alteration takes place, inside or outside the house.

It is always best to tell your neighbours what you intend to do even if you do not need planning permission, as any work may well cause noise and disruption to them. They have a right to ask the planning authorities to check your plans and the Council will then ask them for their views, so it makes sense to be friendly from the outset! Also bear in mind that not consulting neighbours could lead to legal problems, for example if your development affects your neighbour's right to light.

If you are in a leasehold property you should discuss your plans with the freeholder i.e. the Landlord or Management Company.

The following are examples of when you will need to apply for planning permission. This is not an exhaustive list so please do check with your planning authority:

  • You want to make additions or extensions to a flat or maisonette (including those converted from houses). You do not need planning permission to carry out work which does not affect the external appearance of the building.
  • You want to divide off part of your house for use as a separate home, or use a caravan in your garden as a home for someone else.
  • You want to use part or all of your home for business or commercial use.
  • You want to build something which contravenes the original planning permission for the construction of your house. For example, your house may have a restriction on garden walls more than 3 feet high to ensure a safe view of the road for drivers.

 Building a New Home

Building a new property almost always requires planning permission. Every area has a development plan, and reading this should give you a good idea of whether your plans are likely to be accepted. You can also talk to your local council to find out the likelihood of a successful application for planning permission, although no council will guarantee success without a formal application being examined.

 Extending your House

You need to apply for planning permission to extend or add to your house in the following circumstances:

  • You want to build an extension which would be nearer to any highway than the nearest part of the original house unless there would be at least 20 metres between your house (when extended) and the highway. The term "highway" includes all public roads, public footpaths, bridleways and byways.
  • More than half of the area of land surrounding the original house would be covered by extensions or other buildings.

The term "original house" means the house as it was first built, or as it stood on 1st July 1948 if it was built before that date. (You may not have built an extension, but the previous owners may have).

If none of the above rules apply to your proposed extension you may need to check the height and volume limits. You'll need permission if:

  • The extension is higher than the highest part of the roof of the original house, or any part of the extension is more than 4 metres high and is within 2 metres of the boundary of your property (loft conversions and dormers have separate rules).
  • For a terraced house, including an end of terrace, or any house in a Conservation area or Area of Outstanding Natural Beauty: the volume of the original house would be increased by more than 10% or 50 cubic metres, whichever is the greater. For any other kind of house: the volume of the original house would be increased by more than 15% or 70 cubic metres, whichever is the greater. In all cases: if the volume of the original house would be increased by more than 115 cubic metres.

In the following circumstances the volume of other buildings, which belong to your house (garage, shed etc.) will count against the volume allowance. In some cases this can include buildings which were built at the same time as the house or existed on 1st July 1948:

  • If an extension comes within 5 metres of another building belonging to your house, the volume of that building counts against the allowance for additions and extensions.
  • Any building which has been added to your property and which is more than 10 cubic metres in volume and which is within 5 meters of your house, is treated as an extension of the house and so reduces the allowance for further extensions.
  • If you live in a Conservation Area or Area of outstanding Natural Beauty all additional buildings which are more than 10 cubic metres in volume wherever they are in relation to the house are treated as extensions to the house and reduce the allowance for further extensions.

 Roof Extensions, Loft Conversions and Dormer Windows

You do not normally need to apply for planning permission to re-roof your house or insert roof lights or skylights unless your building is listed. But check with the council if you are changing the tile type or colour. You will have to apply if:

  • You want to build an addition or extension to any roof slope which faces a highway.
  • The roof extension would add more than 40 cubic metres to the volume of a terraced house or more than 50 cubic meters to the volume of any other house (these volumes count against the volumes for any other extensions).
  • The work would increase the height of the roof.

 Buildings Separated from the House

You generally do not need planning permission to erect sheds, summer houses, green houses, swimming pools, ponds, sauna cabins, tennis courts etc unless:

  • You want to put up a building which is nearer to the highway than any part of the house.
  • More than half the area of your land is then covered by additions or buildings.
  • The addition or structure is to be used for anything other than domestic use.
  • The building is more than 3 metres high (4 metres with a ridged roof).
  • The volume exceeds 10 cubic metres and your building is listed or is in any of the restricted areas.

 Fuel and Storage Tanks

You will need planning permission in the following cases:

  • The installation of a tank for domestic heating oil with a capacity of more than 3,500 litres or a height of more than 3 metres above the ground.
  • A tank that would be nearer the highway than any part of the house.
  • The installation of a tank that stores liquefied petroleum gas (LPG) or any liquid fuel other than oil.

 Adding a Porch

You will need planning permission if the porch:

  • Has a ground area of more than 3 square metres.
  • Would be higher than 3 metres above ground level.
  • Would be less than 2 metres away from the boundary of a dwelling house with a highway including footpath etc.

 Fences, Walls and Gates

You will need planning permission if:

  • The house is a listed building or in the grounds of a listed building.
  • The fence, wall or gate is more than 1 metre high and next to a traffic highway, or 2 metres high elsewhere.
  • Planting hedges and trees must be checked with the local council as there are sometimes restrictions, in particular to protect the sight line of drivers.

 Patios and Driveways

You do not need permission to cover your land with hard surfaces as long as it will only be used for a domestic purpose. Permission is needed if it will be used to park a commercial vehicle or to store goods in connection with a business.

If you build a driveway you will need the permission of the local highways authority to cross the pavement to your house, and you may well need to pay to lower the curb of the pavement in front of your house or move lampposts or road signs which would otherwise be in the way.

 Satellite Dishes and TV/Radio Antennae

If you are considering installing a satellite dish or TV/radio antenna on the outside of your house you should find out whether planning permission is required. You will also be given advice on the best place to put the antenna to ensure it is as inconspicuous as possible.

 Building Regulations

Building regulations are designed to ensure the health and safety of people using the building. They must be followed in almost all cases when building an extension, constructing a detached building, or carrying out maintenance to your home. Regulations apply when doing electrical work, taking down or building internal and external walls, replacing doors and windows, installing a boiler, putting a bathroom or kitchen in a different part of the house, or converting a loft or cellar etc. If in doubt, check before starting any work.

 Other Approvals

Whether or not you need planning permission, there are other approvals you may need. These are:

  • Cladding consent is required if you live in a conservation area, a National Park, an Area of Outstanding Natural Beauty or the Broads and you want to clad the outside of your building with stone, tiles, artificial stone, plastic or timber. In other areas you will need to check that a restriction has not been put on your property against the use of these surfaces or others such as pebble dash.
  • Listed building consent is required to demolish a listed building or any part of it or buildings within its grounds. Consent is also needed to alter or extend a listed building in a way which would affect its character as a building of special architectural or historical interest.
  • Conservation area consent is needed if you live in a conservation area and you plan to demolish a building of more than 115 cubic metres (there are a few exceptions for which you will get details from your local council). Consent is also required to demolish a gate, fence, wall or any railing over 1 metre high next to a highway or public open space, or over 2 metres high elsewhere.
  • Many trees are protected by tree preservation orders. You must check with the local council before you make any kind of "alteration" to them.
  • If any proposed development would obstruct a public path which crosses your property you must check with the local council immediately. The granting of planning permission will not give you the right to interfere with, obstruct or close such a path. A path cannot be legally diverted or closed unless the council has made an order to do so. This order must be advertised and all objections will be considered. You may be responsible for providing an alternative route.
  • Some houses may hold roosts of bats or provide refuge for other protected species. The Wildlife and Countryside Act 1981 gives special protection to bats. If they are discovered, English Nature or the Countryside Council for Wales must be notified of any proposed action. More information on this subject can be obtained from both of these organisations.


Please note: these guidelines are intended to provide general information only and should not be taken as a full statement of planning law. We are not responsible for the content of external internet sites.