The planning rules for flats and maisonettes differ significantly from those for houses. Many of the permitted development rights that allow homeowners to extend, alter or improve a house without planning permission do not apply to flats. This means that owners of flats need to establish the correct planning position before carrying out external alterations, extensions or changes of use.
In England, permitted development rights come from national planning legislation, but their application depends on the type of development, the property, its location and any restrictions affecting the site. Understanding these rules can help flat owners avoid carrying out work that requires planning permission.
Do Permitted Development Rights Apply to Flats?
The common householder permitted development rights available to houses generally do not apply to flats or maisonettes. This includes many of the rights used for house extensions, loft conversions, porches, garages and outbuildings. As a result, a flat owner cannot normally rely on the same permitted development allowances as the owner of a house. For example, extending a flat, altering its roof or creating an outbuilding in communal grounds will generally need to be assessed under a different planning framework.
However, this does not mean that every form of development involving a flat automatically requires planning permission. Some works may not constitute development, while specific permitted development rights can apply to certain types of development involving flats or other buildings.
What Work Can Be Done to a Flat Without Planning Permission?
Some minor internal works may not require planning permission because they do not normally amount to development. For example, redecorating or making internal alterations that do not affect the external appearance or involve a material change of use may not need a planning application. However, other requirements can still apply. Building regulations, listed building controls, lease conditions, freeholder consent and other regulations are separate from planning permission.
Certain specific permitted development rights may also apply to flats. These are different from the standard householder rights and must be assessed according to the relevant class of development. For example, some rights can apply to renewable energy equipment or satellite dishes, subject to specific conditions and limitations. The existence of one permitted development right should not be taken to mean that other alterations to the flat are automatically permitted.
Common Flat Alterations That May Require Planning Permission
Because householder permitted development rights do not generally apply to flats, planning permission may be required for many external alterations that would otherwise be permitted on a house. These can include:
- Extensions or enlargements
- Creating or enlarging balconies
- Significant changes to windows or external doors
- External cladding or major alterations to the appearance of the building
- Roof alterations
- New structures within communal areas
- Changes that materially affect the external appearance
- Changes of use
The planning position will depend on the circumstances of the building and the proposed works. A proposal affecting the exterior of a block of flats may also need to be considered in relation to the wider building rather than simply the individual flat.
Converting a Space Into a Flat
Permitted development can apply in certain circumstances where an existing building is being converted to create flats, but this is different from the householder permitted development rights discussed above. For example, certain vacant commercial spaces above shops or other qualifying premises may be capable of conversion into up to two flats under specific permitted development rights. Such development is subject to conditions and requires a prior approval application. This demonstrates why the phrase “permitted development for flats” can cover different planning situations. The rules for altering an existing flat are not the same as the rules for creating new flats through a change of use. A planning assessment should therefore establish exactly what development is proposed before determining whether permitted development or a planning application is appropriate.
Flats, Extensions and Loft Conversions
One of the biggest differences between houses and flats concerns extensions and loft conversions. Householder permitted development rights can allow certain extensions and roof alterations to houses when specific size, height and design conditions are met. These allowances do not generally extend to flats or maisonettes.
If you own a flat and want to create additional internal space by extending the building, altering the roof or constructing a dormer, you should not assume that the work qualifies for permitted development. A full planning application may be necessary, particularly where the proposal changes the external appearance or involves structural alterations to the building.
Restrictions on Permitted Development
Even where a particular permitted development right may apply, additional restrictions can affect whether it can be used. An Article 4 Direction can remove permitted development rights in a particular area, meaning that planning permission may be required for development that would otherwise be permitted. Planning conditions attached to an earlier planning permission can also restrict permitted development rights. The property’s location is also important. Additional planning controls can apply in conservation areas, National Parks, Areas of Outstanding Natural Beauty, World Heritage Sites and other designated areas. Listed buildings require particular care because listed building consent may be required for works affecting the building’s special architectural or historic interest, regardless of whether a planning permission requirement applies.
Planning Permission and Building Regulations
Planning permission is only one part of the approval process. Where building work is proposed to a flat, building regulations may apply to matters such as structural safety, fire safety, insulation, ventilation, drainage and accessibility. Leaseholders may also need permission from the freeholder or management company before making alterations. These requirements are separate from planning permission. Obtaining one approval does not automatically provide the others. For this reason, a proposed alteration should be assessed from both a planning and technical perspective before work begins.
Why Professional Planning Advice Matters
The planning position for flats can be more complicated than for houses because there is no general set of householder permitted development rights available to flat owners. The ownership structure can also make matters more complicated. An alteration to an individual flat may affect the exterior, roof, structure or communal areas of the wider building. Planning authorities may therefore need to consider the impact of the proposal beyond the individual property. Before committing to architectural drawings or construction, it is sensible to establish whether the proposal requires planning permission, prior approval or another form of consent.
How Studio Charrette Can Help
Studio Charrette can help flat owners, leaseholders and property developers assess the planning requirements for proposed alterations and identify the most appropriate route for their project. Our team can provide planning assessments, architectural design, drawings and support with planning applications where required. This can be particularly useful for projects involving extensions, external alterations, changes of use or the creation of additional residential accommodation. By assessing the property and proposed works at an early stage, Studio Charrette can help identify potential planning restrictions and determine whether permitted development, prior approval or a full planning application is appropriate.
Making the Most of Your Flat Development
Permitted development for flats works differently from permitted development for houses. The common householder rights that allow many extensions, loft conversions, porches and outbuildings do not generally apply to flats or maisonettes. Some specific permitted development rights can still apply to certain developments involving flats, while minor internal works may not require planning permission because they do not constitute development. However, external alterations, extensions, changes of use and structural works often require closer assessment.
Before starting work, flat owners should check the planning history, permitted development rights, local restrictions and any other consent requirements affecting the property. Professional planning and architectural advice can help establish the correct route and reduce the risk of costly planning problems.
Frequently Asked Questions
Do flats have permitted development rights?
Flats and maisonettes do not generally benefit from the common householder permitted development rights available to houses. However, certain specific permitted development rights may apply depending on the type of development.
Can I extend my flat under permitted development?
Generally, no. The householder permitted development rights for extensions do not apply to flats. An extension may therefore require planning permission, depending on the circumstances.
Can I convert my flat without planning permission?
Minor internal alterations may not require planning permission where they do not constitute development. However, a material change of use or external alteration may require permission.
Can I install solar panels on a flat?
Specific permitted development rights can apply to renewable energy equipment, but the requirements and limitations must be checked. Flats may also be subject to additional building, leasehold or planning restrictions.
Do I need permission to alter the exterior of my flat?
External alterations can require planning permission because the standard householder permitted development rights do not generally apply to flats. The specific proposal and building should be assessed before work begins.
Can I convert a commercial property into flats under permitted development?
Certain commercial spaces may qualify for permitted development rights allowing conversion into flats, subject to specific conditions and prior approval. The applicable permitted development class should be established before proceeding.
