Planning permission
Do flats have permitted development rights?
- Covers
- flat, maisonette, apartment, converted flat, leasehold flat, ground floor flat, top floor flat, flat above a shop
- The law
- GPDO 2015, article 2(1) (definitions of "dwellinghouse" and "flat"); Schedule 2, Parts 2, 14 and 16; Town and Country Planning Act 1990, section 55(2)(a)
- Applies to
- England
Short answer
Not the householder rights. Part 1 of the General Permitted Development Order, which covers extensions, loft conversions, porches, outbuildings and driveways, applies only to a "dwellinghouse", and article 2(1) says a dwellinghouse "does not include a building containing one or more flats, or a flat contained within such a building". A maisonette counts as a flat, because it is divided horizontally from another part of the building. A house converted into flats loses Part 1 rights too.
Some rights in other Parts still apply to flats: fences and walls, painting, EV chargers, and certain solar panels, heat pumps and satellite dishes. Internal work is not development at all. Your lease is a separate matter.
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What a flat can still do
| Work | Right | Main limit |
|---|---|---|
| Fence, wall or gate | Part 2, Class A | 1 m next to a road used by vehicles, 2 m elsewhere; not at a listed building |
| Painting the outside | Part 2, Class C | Not for advertisement |
| EV charger in off-street parking | Part 2, Classes D and E | 0.2 cubic metre wall unit, or a 1.6 m post, one per space |
| Solar panels on a block of flats | Part 14, Class A | 0.2 m proud of a wall or pitched roof; not on a listed block |
| Air source heat pump | Part 14, Class G | One for the whole block; outdoor unit 0.6 cubic metres |
| Biomass heating flue | Part 14, Class E | Less than 1 m above the highest part of the roof |
| Satellite dish | Part 16, Class C | Building under 15 m high; no more than 2 antennas on the whole building |
| Internal alterations | Not development | Section 55(2)(a)(i) of the 1990 Act |
"dwellinghouse", except in Part 3 (changes of use), Class B (demolition of buildings) of Part 11 (heritage and demolition), Part 12A (development by local authorities and health service bodies) and Part 20 (construction of new dwellinghouses) of Schedule 2 to this Order, does not include a building containing one or more flats, or a flat contained within such a building;
Three details that change the answer
- Flats over a shop. For Part 14, a "block of flats" is "a building which consists wholly of flats" (paragraph P). A building with a shop or office on the ground floor is not one, so Part 14's solar and heat pump rights do not reach flats above it.
- Limits are per building, not per flat. One air source heat pump is allowed for the whole block (Part 14, paragraph G.2(a)), and the satellite dish limit counts every antenna on the building (Part 16, paragraph C.1(d)). If a neighbour got there first, you need permission.
- EV chargers do not depend on the building type. Classes D and E apply to any area lawfully used for off-street parking, so a car park serving flats over a shop is covered even though Part 14 is not. For Class E, a block of flats means any building of at least two flats (paragraph E.3), and posts within its curtilage are limited to 1.6 metres.
Work that needs planning permission
Anything that would rely on Part 1 needs planning permission for a flat, unless it is not development at all: extensions, dormers, porches, garden buildings, decking and hard surfaces. Windows and doors are a question of section 55(2)(a)(ii): replacements that do not materially affect the external appearance of the building are not development; others need permission. See windows and doors and internal alterations. In a listed building, internal work can still need listed building consent.
Your lease
Planning permission and your freeholder's consent are separate. Your lease may require the freeholder's consent for alterations, and a planning permission or certificate does not replace it. Equally, the freeholder's consent does not give you planning permission. What your lease requires is a legal question for your solicitor, not a planning one. This page is not legal advice.
Use the permitted development checker to see which rights reach your home.
Getting certainty
A lawful development certificate under section 192 of the Town and Country Planning Act 1990 confirms that proposed work would be lawful, whether under Part 2, Part 14 or because it is not development at all; the council has 8 weeks to decide. For anything that would need Part 1, you need a planning application instead. See lawful development certificates.
Sources
- GPDO 2015, article 2 (interpretation) legislation.gov.uk
- GPDO 2015, Schedule 2, Part 2 legislation.gov.uk
- GPDO 2015, Schedule 2, Part 14 legislation.gov.uk
- GPDO 2015, Schedule 2, Part 16 (Class C) legislation.gov.uk
- Town and Country Planning Act 1990, section 55 legislation.gov.uk
- Permitted development rights for householders: technical guidance, September 2019 gov.uk