Permitted Development Rules For Home Extensions

On May 9th 2013 legislation was presented to Parliament which increased the size of single storey extensions that could be built under permitted development rules. The result of this legislation is that for a three year window, between May 2013 and May 2016, home owners are able to build larger, single-storey, rear home extensions within their permitted development. Under the permitted development rules legislation the size of permitted development doubled. Previously, detached homes had an allowance of 4 metres, under the legislation it is now 8. The increases permitted for all other houses also doubled, from 3 metres to 6 metres.

However, the legislation also states that single storey home extensions must now go through the process listed below.

1. Any homeowner who wishes to build a larger single-storey rear home extension must now notify the local authorities and provide the following information:

  • A plan of the property, showing the proposed development.
  • The addresses of any neighbouring properties, including those at the rear.
  • A written description of the extension project. The description should include the length which the project extends beyond the rear wall of the original property, the height of both the eaves and the highest point of the extension.
  • A contact address and email address for the developer, provided that the developer is happy to receive correspondence via email.

2. Following this, the local authority may request further information under the permitted development rules, if it is felt that it is required to assess the impact the development may have on the amenity of adjoining properties.

3. The local authority will then serve a notice to the adjoining owners and/or occupiers, including those to the rear of the property. The notice will contain the information listed in point one, whilst also providing the address of the proposed development and a brief description. Other information which will also be included:

  • The date when the application was received and the date when the 42 day determination period ends.
  • Information on how long the owners and/or occupiers of adjoining properties have to make objections, must be at least 21 days. Also required is the date by which objections must be received, a copy of this is also sent to the developer.

4. If an objection is raised during the 21 day period by an adjoining neighbour, then the local authority will consider it and whether the impact on the amenity of the adjoining property is acceptable.

5. The development can then go ahead, provided that the local authority notifies the developer by writing either:

  • That no objections were received by the adjoining properties it has not been necessary to consider the impact on amenity. Or
  • That following consideration, it has been decided that the effect on the amenity of adjoining properties is acceptable.

6. However, if the local authority has not notified the developer within the 42 day determination period, the development can go ahead.

7. If the approval has been refused, the developer can then appeal.

8. The development must then be built in accordance with the information which has been approved by the local authority, unless the local authority has approved any further changes in writing.

9. The development must adhere to all relevant limitations and conditions which apply to rear developments under the permitted development. These are set out in Class A of the document, e.g. the requirement that the extension must be constructed using materials of a similar appearance to those used in the construction of the rest of the house.

10. To be eligible to benefit from the permitted development rights, the extension project must be completed on or before May 30th 2016. The developer must notify the local authority of the date of completion in writing.