Planning circular 1/2024: householder permitted development rights

1. Introduction

1.1 The purpose of this document is to provide guidance on householder permitted development rights (PDR). It explains what works people can carry out to alter or improve their home without an application for planning permission. It updates and replaces previous guidance contained in Scottish Government Circular 1/2012.

1.2 PDR refer to those forms of development which are granted planning permission through legislation, meaning they can be carried out lawfully without an application for planning permission having to be submitted to (and approved by) the planning authority. In doing so, PDR can provide certainty to householders and save the time and expense associated with applying for planning permission.

1.3 The title of the legislation containing PDR is the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 – also known as “the GPDO”. Schedule 1 of the GPDO sets out those developments which are granted planning permission. The GPDO Schedule is organised into a series of separate “classes”. Each class specifies the development for which planning permission is granted.

1.4 Most classes of PDR are subject to conditions and limitations. These may, for example, specify the maximum size or scale of what is permitted, and restrict or disapply the rights in certain locations (for example conservation areas or National Scenic Areas). A limited number of classes are subject to a condition requiring the developer to notify the planning authority, and provide certain details, before development is carried out in certain circumstances (see for example section 7 on replacing or altering windows).

1.5 Regardless of the PDR any particular development may fall under, all of the limitations and conditions that apply to that class must be met in full, otherwise the development cannot benefit from that PDR.

1.6 There are also general conditions in the GPDO which apply across all or a majority of classes. For example, PDR are removed if the proposed development is to create or materially widen a means of access to a trunk road or classified road or creates an obstruction that is likely to causes a hazard for people using the road.

1.7 PDR do not apply in relation to a development or use of land or buildings which is itself unlawful. For example, the PDR for development in relation to a dwellinghouse do not apply to a building which is being unlawfully used for residential purposes.

1.8 Even if you do not need to apply for planning permission, other approvals may need to be sought – please see section 2.