Permitted Development When Selling: What to Check

If you have extended your kitchen, converted your loft, or built a garden office, there is a reasonable chance the work was carried out under permitted development rights. These rights, set out in the Town and Country Planning (General Permitted Development) (England) Order 2015 (commonly referred to as the GPDO 2015), allow homeowners to make certain alterations and additions to their property without applying for full planning permission from the local authority.

That is fine while you live in the property. But when you come to sell, the buyer's solicitor will want proof that any alterations were lawful. “We didn't need planning permission” is not enough. You need evidence. This guide explains what permitted development is, what counts, what does not, and how to provide the proof your buyer's solicitor will expect as part of the documents needed to sell a house.

What is permitted development?

Permitted development (PD) is not an exemption from planning law. It is a form of planning permission that has already been granted by Parliament through secondary legislation, specifically the GPDO 2015 (as amended). Rather than requiring homeowners to apply for permission each time they want to make a minor alteration, the government has pre-approved a list of works that can be carried out provided they meet specific conditions and limits.

The key features of permitted development are:

• It applies to dwellinghouses. The PD rights most relevant to sellers are found in Part 1 of Schedule 2 to the GPDO 2015 and apply to houses (including bungalows and some semi-detached and terraced properties). They do not apply to flats, maisonettes, or commercial properties.
• Each class of work has specific limits. The GPDO sets out detailed size, height, position, and material requirements for each type of work. If even one limit is exceeded, the work is not permitted development and full planning permission is required.
• Conditions must be met. Many PD classes come with conditions that apply during and after construction, such as requirements about materials matching the existing house or restrictions on use of the new space.
• PD rights can be removed. Local authorities can withdraw specific PD rights through Article 4 directions. PD rights are also restricted or removed for listed buildings, properties in conservation areas, and properties in other designated areas.

The GPDO 2015 has been amended multiple times since it was first made. The limits that applied when your work was carried out are the ones that matter, not the current limits. Your solicitor or the local planning authority can help you identify which version was in force at the relevant time.

Common works that qualify as permitted development

The following are the most common types of work that sellers need to address during conveyancing. Each falls under a specific class within Part 1 of Schedule 2 to the GPDO 2015.

Single-storey rear extensions (Class A)

Class A covers the enlargement, improvement, or other alteration of a dwellinghouse, including single-storey rear extensions. The key limits are:

• The extension must not extend beyond the rear wall of the original house by more than three metres for an attached house or four metres for a detached house (or six and eight metres respectively under the larger home extension provisions, which require prior approval).
• The maximum height of a single-storey rear extension is four metres.
• The extension must not cover more than half the area of land around the original house (measured from the house as it was first built or as it stood on 1 July 1948, whichever is later).
• Materials used in the exterior must be similar in appearance to the existing house.

If you are selling a property with an extension, see our detailed guide on selling a house with an extension for the full conveyancing considerations.

Loft conversions (Class B)

Class B covers additions or alterations to the roof of a dwellinghouse, including loft conversions with dormer windows. The key limits are:

• The additional roof space must not exceed 40 cubic metres for terraced houses or 50 cubic metres for detached and semi-detached houses.
• The extension must not extend beyond the plane of the existing roof slope facing a highway.
• The highest part of the alteration must not be higher than the highest part of the existing roof.
• Materials must be similar in appearance to the existing house.
• No verandas, balconies, or raised platforms are permitted.

Loft conversions are one of the most commonly queried alterations during conveyancing. For a thorough breakdown, see our guide on selling a house with a loft conversion.

Outbuildings, sheds, and garden offices (Class E)

Class E covers buildings incidental to the enjoyment of the dwellinghouse, such as garden sheds, summerhouses, garages, and garden offices. The key limits are:

• The building must not be used for any purpose other than one incidental to the enjoyment of the dwellinghouse (a garden office used occasionally for work generally qualifies, but a building used as a separate dwelling does not).
• Maximum height is 2.5 metres if the building is within two metres of a boundary, or four metres for a dual-pitched roof and three metres for any other roof type if further from a boundary.
• The total area of ground covered by buildings within the curtilage (excluding the original house) must not exceed 50% of the total curtilage area.
• No outbuilding is permitted forward of the principal elevation of the original house.

Other common PD works

Several other types of work commonly arise during property sales:

• Porches (Class D): A porch can be added without planning permission if it is no more than three metres above ground level, does not exceed three square metres in floor area, and no part is within two metres of a boundary facing a highway.
• Hard surfaces (Class F): Driveways and other hard surfaces at the front of a house are permitted provided the surface is made of porous materials or drains to a permeable area within the curtilage.
• Solar panels (Class A of Part 14): Solar panels can be installed on the roof of a house without planning permission provided they do not protrude more than 200mm from the roof surface and are not higher than the highest part of the roof (excluding the chimney).
• Satellite dishes (Class H): One satellite dish is permitted, subject to size and position limits. In conservation areas and other designated areas, dishes on chimneys or on walls or roof slopes facing a highway are not permitted.

How to prove PD compliance to the buyer's solicitor

When you sell, the buyer's solicitor will review the title and the planning history of the property. If alterations are apparent from the title plan, photographs, the survey, or your answers on the TA6 property information form, the solicitor will want to know whether planning permission was obtained or the work was carried out under PD.

Here is what you can provide to demonstrate that work was lawful PD:

1. Lawful development certificate (the gold standard)

A lawful development certificate (LDC) is a formal certificate issued by your local planning authority confirming that a specific development was lawful. There are two types:

• CLEUD ( Certificate of Lawfulness of Existing Use or Development): Used for work that has already been carried out. This confirms that the development was lawful at the time it was done. This is the type most sellers need.
• CLOPUD (Certificate of Lawfulness of Proposed Use or Development): Used for work that has not yet started. This confirms that the proposed development would be lawful if carried out. Less relevant for sellers unless you want to demonstrate future potential to a buyer.

The application fee for a CLEUD for a householder development is currently £103 (half the standard householder planning application fee of £206). The local authority has eight weeks to determine the application, though in practice it can take six to ten weeks.

While not legally required, a CLEUD is the strongest evidence you can provide. It is the only document that gives the buyer's solicitor a formal legal confirmation that the work was PD. Without one, the solicitor must rely on your evidence and their own judgment, which often leads to further enquiries and delay.

2. Building regulations completion certificate

A building regulations completion certificate confirms that the work complied with the Building Regulations 2010. This is separate from planning permission but is required for most structural work. Having one does not prove PD compliance, but it does demonstrate that the work was inspected by the local authority's building control department (or an approved inspector), which provides supporting evidence that the work was done properly and to known dimensions.

3. Architect's plans and drawings

If you have the original architect's plans or drawings for the work, these can be very useful. They show the dimensions, position, and design of the alteration, allowing the buyer's solicitor to check whether the work falls within PD limits. Plans are particularly helpful for extensions and loft conversions where the size limits are specific.

4. Builder's invoices and photographs

While not formal proof, invoices and dated photographs can help establish when the work was carried out. This is relevant if you are relying on the four-year immunity rule (discussed below) or if the PD limits were different at the time of construction.

5. Correspondence with the local authority

Any letters, emails, or records of pre-application advice from the local planning authority relating to the work can support your position. If you wrote to the council before starting work and they confirmed PD applied, that correspondence is valuable evidence.

The prior approval process

Some classes of permitted development require you to apply to the local authority for prior approval before starting work. Prior approval is not full planning permission. It is a lighter-touch assessment where the council considers only specific matters set out in the relevant class of the GPDO, such as the impact on neighbours, the appearance of the development, or transport and highway considerations.

Examples of PD works that require (or have required) prior approval include:

• Larger home extensions. The government introduced temporary provisions (now made permanent) allowing single-storey rear extensions of up to six metres for attached houses and eight metres for detached houses. These larger extensions require a prior approval application, which involves a neighbour consultation process. If prior approval was required and not obtained, the extension was not lawful PD.
• Additional storeys (Class AA). The right to add up to two additional storeys to certain dwellinghouses was introduced in 2020 and requires prior approval covering appearance, impact on amenity, air traffic, and other matters.
• Certain changes of use. Various commercial-to- residential and agricultural-to-residential conversions under Parts 3 and 16 of Schedule 2 require prior approval.

When selling, if prior approval was required for your work, you should provide the buyer's solicitor with the prior approval notice and any conditions attached. The absence of a prior approval when one was needed is treated similarly to a missing planning permission.

When PD rights do not apply

Permitted development rights under Part 1 of the GPDO are not universal. There are several situations where PD rights are reduced or entirely removed. If your property falls into any of the following categories, you should not assume that past work was PD without checking carefully.

Flats and maisonettes

The PD rights in Part 1 of Schedule 2 apply only to dwellinghouses. They do not apply to flats or maisonettes. If you are selling a flat and any external alterations were made without planning permission, this will be flagged during conveyancing.

Listed buildings

Listed building consent is required for any works that affect the character of a listed building, whether internal or external. PD rights do not remove the need for listed building consent. Even if the work would be PD for an unlisted building, it is unlawful without listed building consent if the building is listed. There is no time limit for enforcement of listed building offences.

Conservation areas and designated land

Properties in conservation areas, areas of outstanding natural beauty (AONBs), the Broads, National Parks, and World Heritage Sites have reduced PD rights. In these designated areas, various PD classes are either removed or have additional restrictions. For example, in a conservation area:

• Cladding the exterior of a house requires planning permission.
• Side extensions are not permitted under PD.
• Rear extensions beyond one storey are more restricted.
• Satellite dishes on chimneys or on highway-facing walls or roof slopes require planning permission.

If your property is in a conservation area, see our guide on conservation area restrictions when selling for a full list of reduced PD rights and what to check.

Article 4 directions

An Article 4 direction is an order made by a local planning authority under Article 4 of the GPDO that removes specific permitted development rights from a defined area or specific properties. Article 4 directions are commonly used in:

• Conservation areas, to prevent alterations that would harm the character of the area
• Areas with a high concentration of houses in multiple occupation (HMOs), to control conversions
• Areas where the council wants to prevent loss of office or commercial space to residential use

If an Article 4 direction was in place when the work was carried out, and the direction covers the type of work done, then the work was not PD and planning permission was required. You can check whether your property is affected by an Article 4 direction by searching your local authority's planning pages or contacting their planning department directly.

This is a particularly important check for sellers because Article 4 directions are not always well publicised, and homeowners frequently carry out work without realising their PD rights have been removed.

Properties where PD rights have been removed by condition

In some cases, PD rights are removed by a condition attached to the original planning permission for the property. This is common with newer housing developments, where the local authority grants planning permission for the estate but imposes a condition removing some or all PD rights from the individual houses. The condition will be recorded on the planning permission, which is visible on the local authority's planning register and in the local authority search.

Conditions and limitations: where sellers get caught out

Even when the broad category of work falls within PD, the specific conditions and limitations attached to each class are strict. The buyer's solicitor will check these carefully, and a breach of any single condition means the work was not PD. Here are the conditions that most commonly cause problems during sales:

Common mistakes sellers make when claiming permitted development

Based on the enquiries that most frequently arise during property sales, these are the mistakes sellers make most often when it comes to PD:

1. Assuming the work was PD without checking. The most common mistake. The builder or a neighbour said it did not need planning permission, but nobody verified the actual limits and conditions against the GPDO. The buyer's solicitor will verify them, and any discrepancy will generate enquiries.
2. Ignoring building regulations. PD removes the need for planning permission. It does not remove the need for building regulations approval. Extensions, loft conversions, structural alterations, electrical work, and replacement windows all require building regulations sign-off. A missing building regulations completion certificate is one of the most common issues in property sales.
3. Not knowing about Article 4 directions. If an Article 4 direction was in place when the work was done, PD rights may have been removed. Sellers frequently do not know about Article 4 directions until the buyer's solicitor raises the issue.
4. Forgetting that PD limits are cumulative. PD limits relate to the original house, not the house as you bought it. If a previous owner already extended under PD, there may be no PD allowance left for your own work.
5. Not obtaining prior approval where required. Some PD works (particularly larger home extensions) require a prior approval application. Skipping this step means the work was not lawful PD.
6. Confusing PD with not needing any permission at all. PD is a type of planning permission. Other consents may still be needed: building regulations, party wall agreements, listed building consent, and (for leaseholders) landlord consent under the lease.
7. Failing to prepare evidence before listing. Waiting until the buyer's solicitor asks for proof of PD compliance before gathering evidence adds weeks to the transaction. Applying for a CLEUD, locating building regulations certificates, and assembling plans should all be done before you accept an offer.

What if the work was not PD? Options for sellers

If it turns out that the work on your property was not within permitted development limits and planning permission was not obtained, you have several options depending on the circumstances:

Apply for retrospective planning permission

You can apply for planning permission after the event. The local authority will assess the application on its merits, just as they would for any planning application. If permission is granted, the development is regularised. If it is refused, the council can require you to remove or alter the work.

Rely on the four-year rule

Under Section 171B of the Town and Country Planning Act 1990, the local authority has four years from the date the work was substantially completed to take enforcement action for operational development (building works). If four years have passed without enforcement action, you can apply for a CLEUD to confirm the development is lawful by virtue of the passage of time. The ten-year rule applies to breaches of condition and changes of use.

Be aware that you must be able to prove the date the work was completed. Building regulations certificates, dated photographs, utility bills, and council tax records can all help establish this.

Indemnity insurance

In some cases, the buyer's solicitor may accept indemnity insurance to cover the risk of enforcement action. This is typically an option where the work was completed some time ago and there has been no complaint or enforcement investigation. Indemnity insurance is a one-off payment (usually £50 to £300) that protects the buyer and their lender against the financial consequences of enforcement action.

However, indemnity insurance has limitations. It only covers the financial loss from enforcement, not the inconvenience. It is voided if anyone contacts the local authority about the work (which means you must not apply for retrospective permission or a CLEUD if an indemnity policy is in place). Not all solicitors or lenders will accept it. For more on this, see our guide on planning permission checks before selling.

What to include on the TA6 form

The TA6 Property Information Form includes specific questions about alterations and planning permission. Section 6 of the TA6 asks whether any building work has been carried out and, if so, whether the necessary approvals (planning permission, building regulations, listed building consent) were obtained.

When answering, be thorough and honest:

• List all alterations you are aware of, including work done by previous owners if known.
• For each alteration, state whether planning permission was obtained, the work was carried out under PD, or you do not know.
• Attach copies of any lawful development certificates, building regulations completion certificates, and architect's plans.
• If you are aware that work may not have complied with PD limits, disclose this. Misrepresentation on the TA6 can lead to a claim against you after completion.

For more detail on what to disclose, see our guide on the documents needed to sell a house.

Seller's checklist for proving permitted development

Use this checklist to prepare your PD evidence before you list your property. Having these items ready when you accept an offer will significantly reduce the time spent on buyer enquiries.

1. Identify every alteration or addition that has been made to the property, including work by previous owners
2. For each alteration, determine whether planning permission was granted, PD was relied on, or you do not know
3. Check whether your property is in a conservation area, AONB, National Park, or other designated area with restricted PD rights
4. Check whether an Article 4 direction applies to your property by searching your local authority's planning pages
5. Check whether PD rights were removed by a condition on the original planning permission for your property
6. Locate building regulations completion certificates for all relevant work (extensions, loft conversions, electrical work, replacement windows)
7. If you relied on PD, consider applying for a CLEUD from your local planning authority (£103 fee, six to eight weeks)
8. Gather architect's plans, builder's invoices, dated photographs, and any correspondence with the local authority
9. If prior approval was required (for example, for a larger home extension), locate the prior approval notice and any conditions
10. Complete Section 6 of the TA6 accurately and attach all supporting documents

Sources

• Town and Country Planning (General Permitted Development) (England) Order 2015 (SI 2015/596) — legislation.gov.uk
• Planning Portal — Permitted development rights for householders: technical guidance — planningportal.co.uk
• GOV.UK — Permitted development rights for householders
• Town and Country Planning Act 1990, Section 171B (time limits on enforcement) — legislation.gov.uk
• Town and Country Planning Act 1990, Section 191 (certificate of lawfulness of existing use or development) — legislation.gov.uk
• Town and Country Planning Act 1990, Section 192 (certificate of lawfulness of proposed use or development) — legislation.gov.uk
• Planning (Listed Buildings and Conservation Areas) Act 1990 — legislation.gov.uk
• The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations — legislation.gov.uk

Frequently asked questions