Planning Permission vs Permitted Development Rights: What Can You Actually Build?

What are permitted development rights?

Permitted development rights are a set of regulations that grant automatic planning permission for certain types of building work and changes of use. Established under the Town and Country Planning (General Permitted Development) Order 2015, these rights enable property owners to carry out specific development without submitting a formal planning application to the local authority.

For commercial properties, permitted development rights can cover various scenarios including:

• Building extensions
• Installing infrastructure
• Making internal alterations
• Changing the use of your building.

However, these rights come with strict limitations including size restrictions, design criteria and location-based exclusions. Certain locations such as conservation areas or Areas of Outstanding Natural Beauty (AONBs) may have restricted or removed permitted development rights.

What is planning permission?

Planning permission is the formal approval granted by your local planning authority to carry out development work on your property. This process involves submitting detailed plans, supporting documents and a formal application that demonstrates how your proposed development complies with local planning policies and national planning frameworks.

For commercial properties, planning permission may be required for:

• Substantial extensions
• New buildings
• Significant alterations to the external appearance of your property
• Changes of use that fall outside permitted development rights

The application process typically takes between eight and thirteen weeks for most applications, though more complex proposals may require additional time.

Key permitted development rights for commercial properties

Extensions

Class MA permits certain commercial building extensions without planning permission. Under this right, you can extend industrial or warehouse buildings by up to 25% of the original floor space, with a maximum additional floor space of 1,000 square metres. The extension height cannot exceed the existing building height, and the development must be completed within three years.

Changes of use

Changes of use represent another significant area of permitted development rights. Class E commercial uses (including shops, offices, cafes, professional services and certain other uses) benefit from various permitted development rights that allow changes between different Class E uses without planning permission.

Additionally, permitted development rights exist for converting offices to residential use, subject to prior approval requirements.

Extra rights to consider

Other permitted development rights for commercial properties include installing solar panels for decarbonisation initiatives, creating access ramps for disabled access, making certain internal alterations, and installing communications equipment, all subject to specific limitations and conditions.

When do you need planning permission?

Planning permission becomes necessary when your proposed development exceeds the scope of permitted development rights or when specific restrictions apply to your property or location. You will typically require planning permission for:

• Extensions that exceed permitted development size limits
• Developments that significantly alter the external appearance of your building
• New standalone buildings on your site
• Developments in sensitive locations where permitted development rights are restricted.

Listed buildings and properties within conservation areas require consent for most alterations, which operates separately from planning permission.

Prior approval and lawful development certificates

Many permitted development rights require you to obtain prior approval from the local planning authority before proceeding. This is not planning permission, but it allows the council to assess specific aspects of your development.

The prior approval process typically takes eight weeks and requires submission of detailed information relevant to the specific matters being assessed.

Even when you are confident your development falls within permitted development rights, obtaining a Certificate of Lawful Development provides valuable legal confirmation. This certificate protects you from future enforcement action and provides assurance to mortgage lenders, buyers and tenants that the development is legitimate.

The role of building regulations

Regardless of whether you proceed under permitted development rights or planning permission, you must still comply with building regulations. These regulations are separate from planning control and govern the structural integrity, fire safety, accessibility, energy efficiency and other technical aspects of your building work.

Building Regulations approval is obtained through either a building control application to your local authority or an approved inspector application to a private sector provider.

Get expert advice on your commercial property development

Navigating planning permission and permitted development rights requires detailed knowledge of planning regulations, local policies and technical requirements. At BTG Eddisons, our building consultancy team has extensive experience advising on commercial property development across all sectors.

We provide clear, practical guidance on whether planning permission is required, help you understand your permitted development rights, and support you through the application process to achieve successful outcomes.

If you need advice on your commercial property development or want to get started with a project, please complete the form below and one of our building consultants will be in touch.