Householder permitted development rights: guidance - updated 2021

5. Making changes to a flat

5.1 Due to the vast variety of flats, it is not possible to provide extensive permitted development rights for flats.

5.2 A flat is defined as a "separate and self contained set of premises whether or not on the same floor and forming part of a building from some other part of which it is divided horizontally".

5.3 The specific permitted development rights for flats are detailed below. Other relevant classes include:-

• Class 7: construction of gate, fences, walls and other means of enclosure
• Class 9J: The provision of a building within the rear curtilage of a tenement for the purpose of storage of pedal cycles
• Class 72: Closed Circuit Television Cameras (CCTV).

Improvements or alterations that are not an enlargement, including replacement windows, solar panels, flues, satellite dishes

Summary

5.4 Permitted development rights allow any improvement or other alteration to the external appearance of a dwelling situated within a building containing one or more flats that is not an enlargement. This is best visualised as a 1 metre bubble surrounding a flat. A wide range of different types of developments are permitted without having to apply for planning permission, including the installation, alteration or replacement of solar PV or solar thermal equipment. In summary, the effect of the limitations is that:

• the development does not enlarge the flat
• the distance any development can project from the walls and roof of the flat is not more than 1 metre
• the development is not a balcony, roof terrace or raised platform, wind turbine, a flue forming part of biomass heating system, flue forming part of combined heat and power system, air source heat pump, CCTV or an enlargement

5.5 There are no permitted development rights in a conservation area or within the curtilage of a listed building. A listed building consent is required if the proposed development affects the character or setting of a listed building.

5.5a In addition Class 4B specifies permitted development rights which allow buildings intended for bicycle storage in the private garden area of a flat. These permitted development rights do not apply in the curtilage of listed buildings. Size and locational restrictions apply. See also Class 9J for tenements.

5.6 A building warrant from the local authority may be required, as explained in Section 2.

Technical Explanation

5.7 If the development exceeds any of the following limits then an application for planning permission is required.

5.8 The development must not enlarge the flat. This means that the development cannot increase the internal volume of the original building. Enlargement includes a canopy or roof, with or without wall, which is attached to the building but does not include a balcony.

5.9 The development must not project by more than 1 metre from the wall or roof.

5.10 The size of windows and doors cannot be altered. An application for planning permission is required if, for example, a larger window is created from 2 smaller windows or a window is converted into a door which is larger than the window.

5.11 The development cannot be a balcony or, if it is on the roof, a raised platform or terrace. The following types of development are not permitted by this class because they are permitted by other classes:

• wind turbine
• biomass heating system flue
• combined heat and powers system flue
• air source heat pump
• CCTV

5.12 There are no Class 4A permitted development rights for conservation areas or within the curtilage of a listed building. Planning authorities will be able to confirm whether a property is located within a conservation area. Information on listed buildings is available from: www.historic-scotland.gov.uk/historicandlistedbuildings or www.environment.scotland.gov.uk.

5.13 Section 6 discusses the installation, alteration or replacement of a biomass heating system flue or a combined heat and powers system flue or air source heat pump.

5.14 An alteration to the external appearance of a flat would allow the painting (or repainting) of the property. It would also allow the painting or attaching of an advertisement to the property. While an application for planning permission may not be required by virtue of this class, an application for advertisement consent may be required under the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 depending on the nature and size of any such advertisement.

5.14a A Class 4B building permitted in the private garden area of a flat must not exceed 1.5 metres in height, 1.2 metres in depth and 2.5 metres in width. It must not block sight lines for roads and footpaths or light to other buildings. Class 4B does not apply to the curtilage of a listed building.

Legislation

Class 4A.-

(1) Any improvement or other alteration to the external appearance of a dwelling situated within a building containing one or more flats.

(2) Development is not permitted by this class if-

(a) it would be an enlargement;

(b) it would protrude more than 1 metre from the outer surface of an external wall, roof plane, roof ridge or chimney;

(c) the dimensions of an existing window or door opening would be altered;

(d) it would be a balcony;

(e) it would be on the roof and would result in a raised platform or terrace;

(f) it would be a wind turbine;

(g) it would be within a conservation area or within the curtilage of a listed building; or

(h) it would be development described in class 6C(1), 6F(1) or 6H(1) or 72(1).

Legislation

Class 4B.-

(1) The provision of a building within the curtilage of a flat.

(2) Development is not permitted by this class if—

(a) the resulting building would exceed—

(i) 150 centimetres in height,

(ii) 120 centimetres in depth, or

(iii) 250 centimetres in width,

(b) if the development would result in there being more than one building developed by virtue of this class situated within the front curtilage of the flat

(c) the resulting building would obstruct clear sight of a road or footpath by the driver of a vehicle entering or leaving the curtilage of the tenement,

(d) the resulting building would be situated within the curtilage of a listed building, or

(e) the resulting building would create an obstruction to light to another building.

Gates, fences, walls or other means of enclosure

5.15 Permitted development rights allow the erection, construction, maintenance, improvement or alteration of any gate, fence, wall or other means of enclosure.

5.16 If the gate, fence, wall or other means of enclosure exceeds any of the following limits then an application for planning permission is required.

5.17 The maximum height of any new gate, fence, wall or other means of enclosure is 2 metres, but where it is within 20 metres of a road the maximum height is 1 metre.

5.18 When measuring the height of the development on sloping or uneven ground, the height should be measured from the highest point immediately adjacent to the gate, fence, wall or other means of enclosure.

5.19 The replacement or alteration of an existing gate, fence, wall or other means of enclosure to its original height is permitted. For example, an existing 1.2 metre fence within 20 metres of a road can be replaced with a fence up to 1.2 metres in height. If the replacement fence is higher than 1.2 metres then an application for planning permission would be required. Alternatively, if replacing a 0.8 metre high fence within 20 metres of a road it can be replaced by with a fence up to 1 metre in height.

5.20 There are no Class 7 permitted development rights for conservation areas or within the curtilage of a listed building. Planning authorities will be able to confirm whether a property is located within a conservation area. Information on listed buildings is available from www.historic-scotland.gov.uk/historicandlistedbuildings or www.environment.scotland.gov.uk

Cycle Stores

5.21 Class 9J allows for the erection of a communal cycle store to the rear of a tenement block. Class 9J applies in conservation areas, but not within the curtilage of a listed building or a World Heritage Site. See also Class 4B in the previous section for flats with private gardens.

Legislation

Class 7.-

(1) The erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure.

(2) Development is not permitted by this class if-

(a) the height of any gate, fence, wall or other means of enclosure to be erected or constructed within 20 metres of a road would, after the carrying out of the development, exceed one metre above ground level;

(b) the height of any other gate, fence, wall or other means of enclosure to be erected or constructed would exceed two metres above ground level;

(c) the height of any existing gate, fence, wall or other means of enclosure maintained, improved or altered would, as a result of the development, exceed its former height or the height referred to in sub-paragraph (a) or (b) as the height appropriate to it if erected or constructed, whichever is the greater; or

(d) it would involve development within the curtilage of, or in respect of a gate, fence, wall or other means of enclosure surrounding, a listed building. or

(e) it would be development described in class 3E(1)

Class 9J

(1) The provision of a building within the rear curtilage of a tenement for the purpose of storage of pedal cycles.

(2) Development is not permitted by this class if—

(a) the development would result in there being more than one building developed by virtue of this class situated within the rear curtilage of the tenement,

(b) the resulting building would be situated within the curtilage of a listed building or a World Heritage Site,

(c) the resulting building would create an obstruction to light to another building.