planning permission for running business from home

Working from home

Planning permission.

If you are considering setting up a home office, then it should be both functional and comfortable. 

Many homeowners choose to convert an existing room, such as a box room, loft room or garage into a habitable space. If your plans are for altering an existing space in your home, consider if there’s enough natural light, space for a desk, chair and other office furniture as well as internet access and a telephone line.

Alternatively, if you do not have the space to free up inside, you can opt to add an outbuilding to create a garden office.

Planning Permission 

You do not necessarily need planning permission to work from home. If no material change of use occurs, then permission is not required. It is possible however to create a material change of use while not changing the primary use of the dwelling.

If the answer to any of the following questions is 'yes', then permission will probably be needed:

• Will your home no longer be used mainly as a private residence?
• Will your business result in a marked rise in traffic or people calling?
• Will your business involve any activities unusual in a residential area?
• Will your business disturb your neighbours at unreasonable hours or create other forms of nuisance such as noise or smells?

If you are in doubt you may apply to your council for a Certificate of Lawful Use for the proposed activity, to confirm it is not a change of use and still the lawful use. Alternatively, if there is a material change of use then you can apply for planning permission to change the use of the property.

If unsure then it is advised you contact your Local Planning Authority for more help.

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License vs. Permit

1. general business license, 2. professional license, 3. health and safety permits, 4. sign permit, 5. sales tax license, special considerations.

• Small Business
• Small Business Regulations

The 5 Licenses and Permits You Need for Your Home-Based Business

Find out which ones are required for you to operate legally

J.B. Maverick is an active trader, commodity futures broker, and stock market analyst 17+ years of experience, in addition to 10+ years of experience as a finance writer and book editor.

Starting and running your own business can be a very enriching and exciting venture—as long as it's done right. Individuals who want to start home-based businesses are often so eager to get underway that they forget to get all the requisite licenses and permits to legally operate.

Forgetting to do this can cause major problems in the future and the last thing you want is to get your business up and successfully running, only to have it suddenly shut down because you lack a necessary permit. It's well worth the (required) time and (minor) investment to make sure you have all your business licensing squared away right from the start.

Specific licensing, permit, and zoning regulations vary based on the locality, so it's important to check with the Small Business Administration (SBA) to obtain specific requirements for your state. However, the basic licensing and permit requirements are fairly consistent from one state to another. Here are the five you need to know about.

Key Takeaways

• Check off all your regulatory boxes to ensure you can operate your home-based business legally.
• Licenses and permits are issued by government agencies but permits tend to be more restrictive than licenses, which are more long-term in nature.
• You'll need a business license regardless of the type of company you operate.
• Permits for professional services and for health and safety may be required if you offer certain services, such as advisory services or if you have flammable products in your home.
• You are responsible for a sign permit if you intend to advertise on your property and you may need a separate sales tax license if it's not included in your business license.

Before you start anything, you'll probably want to understand how the licensing and permitting process works. Many people often mix the two up and their definitions are often blurred, but licenses and permits are actually two different things.

Licenses are issued by government agencies. They are a type of legal contract that allows holders to conduct actions that are otherwise prohibited to those without them, such as driving a car or running a business. Driving a car without a license is illegal and running a business and providing people with professional services is forbidden. These actions are regulated by the issuing government, normally at the state level. The corresponding agencies are responsible for issuing these licenses.

A permit, on the other hand, is a legal document that gives you permission to do something. For instance, if you have a license to run a cafe, your state and/or municipality may require you to get a building permit , which confirms that the building you intend to occupy is suited for your business. You'll also need a food service permit if you have a kitchen from which you intend to serve food to your customers.

If you're still unsure of the differences between the two, take a look at the following table:

Any business, including home-based businesses, must obtain a local city or county business license. This is a basic license that allows the holder to engage in business activities within the local jurisdiction. If your city or county doesn't have a specific business licensing department, you can obtain information on obtaining a basic business license at your local tax office.

In addition to obtaining a general business license, ensure that your business complies with local zoning ordinances. Sometimes this is certified when you apply for your license, but in other areas, you need to double-check with the city or county zoning department.

Neighborhoods also tend to have restrictions on the operation of home businesses. You tend to find this in the form of homeowners associations (HOAs) . If your business does not meet local zoning ordinances or neighborhood requirements, it is possible to obtain an exception or variance, but go through the proper channels to do so.

A license may be designated as a business tax certificate, reseller's certificate, or license.

Certain home-based businesses require state or federal professional licensing or certification. This includes ventures like daycare centers, hairstyling salons, legal services, or financial advisory services.

The best way to ensure you get the proper documents is to contact your state business office. You can also visit the official state website to obtain a list of all occupations or businesses that require professional licensing.

Depending on the type of business you intend to operate, you may need to get an inspection and a permit from the local fire department. This is commonly required if customers or clients actually come to your home to conduct business. It's not usually necessary if your home-based business only provides goods or services online—unless you keep an inventory of potentially flammable products at your home.

Environmental licenses or health department permits are less common for home-based businesses. These documents are most generally required for businesses that engage in the wholesale or retail sale of food and beverage products. In any event, it's easy enough to check with state environmental protection agencies or local health departments to find out if your business requires any type of environmental inspection or permit.

Operating a business without a proper sales tax license is a criminal violation in some jurisdictions.

If you plan on putting out a sign where you live to advertise your business, make certain that you are in compliance with all local ordinances. Nearly all cities or counties have specific sign ordinances in effect that govern the size, type, and location of business signs. The lighting of signs is also usually restricted. Many HOAs, condos, and apartment complexes have their own restrictions on commercial signs.

If you own your home, look over your deed and check with your HOA if you have one. If you rent, it's always a good idea to get permission from your landlord before you put out any signage.

A sales tax license may be part of the general business license in some areas. But a separate sales tax license is required in other areas in addition to a local business license.

Not sure if you need a separate tax license? The local department from which you obtain a business license can tell you if you must obtain a separate sales tax license and where to get it at either the state or local level. Make sure that you have this covered before you open your business.

While the licenses and permits listed above are needed by almost all home-based businesses, the following are some of the other documents you may need. Whether these are required depends entirely on the type of business you intend to run.

• VAT Tax License: If you sell goods and services to foreign consumers, you may be required to get a special license for the reporting and payment of value-added taxes. You may also use a payment service that collects the tax for you.
• Health Department Permit: This special permit is for anyone who runs a food-based business, such as a catering service. It outlines food handling, preparation, and storage.
• Employer Identification Number (EIN) : This is required at the federal level. The EIN acts like a Social Security number, which you need if you aren't operating as a sole proprietorship. This allows you to file your taxes under your business name. If you have employees, you can use this number for payroll purposes.

Remember, this isn't an exhaustive list. Be sure to check with your state and local agencies to ensure you have the proper documents to run your business. You can also contact the SBA for additional resources.

Do You Need to Register a Home-Based Business?

You need to register most home-based businesses at the local, state, and federal levels. Begin by registering at the state level, which entails providing the appropriate agency with the pertinent details like the kind of business you intend to operate. You'll also need to register it with the local government, which will provide you with any necessary permits needed so you can begin operations. You will have to register with the IRS for taxation purposes.

How Do I Register My Home Business?

Register your business with the appropriate state agency in order to get your business license so you can begin operations. Check with the local and county agencies to see which permits, if any, that you need to run your home-based business. You'll also have to get a taxpayer identification number (in some cases, you can use your Social Security number) so you can file your business taxes with the IRS.

What Are the Licenses Required to Open a Home Business?

Almost all businesses require a general business license in order to operate, whether that's from an office or from home. Certain businesses need professional licenses, such as those that offer professional services like daycare, hairstyling, and financial advice. You may require a separate sales tax license if your state doesn't include it with your business license. Be sure to enquire whether you need one when you apply for your business license.

U.S. Small Business Administration. " Apply for Licenses and Permits ."

U.S. Chamber of Commerce. " Starting a Business? A Guide to Business Licenses and Permits ."

Clark Simson Miller. " Is Running An HOA Home Business Allowed? "

New York State, Department of Taxation and Finance. " Sales and Use Tax Penalties ."

City and County of San Francisco. " Sign Rules in Residential- and Neighborhood-Commercial Districts ."

FindHOALaw. " Flags, Banners & Signs ."

Tax Policy Center. " How Would Small Businesses Be Treated Under a VAT? "

U.S. Small Business Administration. " Get Federal and State Tax ID Numbers ."

U.S. Small Business Administration. " Register Your Business ."

Internal Revenue Service. " Operating a Business ."

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Everything you need to know about running a business from home

For many, working from home is a relatively new concept, but people have been running businesses from the comfort of their house for many years. 

During the pandemic many businesses were formed from the comfort of people’s homes, so if you’re looking to set up a business from home, there are steps you need to take to ensure you’re doing it legally. 

Do you need permission to set up a business from home?

Running a business from home comes with a plethora of benefits, including being able to work flexible hours without having to go into an office, giving you a better work/life balance and eliminating the cost of having to pay for office space. However, you may need to gain permission to run your business at home from either your local council , your mortgage advisor, or local planning office if you’re looking to make changes to your property, should your business affect your home or neighbours. 

If running a business from your home is unlikely to cause any disruption or be noticeable to your neighbours or anyone outside the property, it is unlikely that you will need planning permission.

You will however need planning permission if your business meets any of the following criteria:

• Noticeable increase in people coming to your home such as business partners, employees or clients
• A sign outside your property advertising the business
• Storing things related to the business outside of the property
• Significant structural changes to your home

What insurance do I need to run a business from home?

Photo from Pexels

During the pandemic, most home and contents insurance policies extended their cover due to the nature of people working from home, however as the UK returns to normality, your current policy will not cover you if you met any of the above criteria while creating a business from home.

If you have clients or customers visiting your home for work purposes you will need public liability insurance, along with employer’s liability cover if you have employees working on your property. Business cover is also vital if you are storing important equipment, documents or stock. 

Of course it is important to check with your insurance provider as to which cover you will need. At Adrian Flux, we can offer affordable home business insurance that’s tailored to your needs.

Can you run a business from a council house?

If you’re planning on setting up a business from your council house or need to register one, you’ll need written permission from your local council or housing association in order to do so. You will also need to check your tenancy agreement as it may contain legislation that prevents you from running a business at home.  

It is then up to the discretion of your local council as to whether they believe your business will disturb your neighbours or damage your property. 

Another thing to note, is your business may have implications for the amount of council tax you pay. 

Can I run a business from my shed?

It is perfectly legal to run a business from your shed, but you will need to go through the same legal steps as if the business were being operated from inside your home. 

As before, you will need to think about whether your business will cause a nuisance to your neighbours or cause a material change in the usage of your property. If you’re running a business from home, planning permission or a licence may be needed if it expands.

Can I run a business from my garage?

There isn’t necessarily anything stopping you from running a business from your garage, but you’ll need to ask permission depending on your type of property, as we’ve outlined above.

Does running a business from home affect your mortgage? 

Like any change in your home, it is best to check your mortgage terms before making any radical changes to your property. 

You may need permission from your mortgage lender, as breaching the terms of your loan could result in severe consequences, such as making the loan repayable immediately.

You may also need planning permission if you’re making changes to your home, or if running your business will cause structural or material change in your property, or how it is used. 

Depending on the type of business you’re running, you may need a licence from your local authority. And remember that running a business from home may affect your council tax, because the part of your home you’re running a business from may be liable for business rates. You can find out more at the Valuation Office Agency .

Check your home business insurance

As one of the leading specialist home insurance brokers in the UK, Adrian Flux compares quotes from over 30 schemes to source competitive buildings and contents insurance for any situation, including those who run a business from home. Call us on 0333 254 6800 for a quote.

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Do you need planning permission to work from home?

• Ben Garbett
• Planning & Environment

For most professionals, working from home does not risk falling foul of planning regulations, but it’s not quite so straightforward if the business involves visiting customers or generates environmental emissions (e.g. noise, odours) which could have an effect on neighbouring amenity.

In these circumstances, do you need planning permission to work from home? Our planning solicitor Ben Garbett explains in this article.

Planning Act regulation of working from home

The general rule is that planning permission is required for any act of ‘development’ which includes both building, engineering and mining operations and material changes of use of buildings or land. Certain matters are excluded from this broad definition.

Section 55(2)(d) of the Town and Country Planning Act 1990 states that “the use of any buildings or other land within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse as such” does not constitute development.

In any given case, the prescribed legal method of determining whether any use is incidental, and therefore does not require planning permission, is an application for a certificate of lawful development.

Sage v SSHLGC

In the recent case of Sage v SSHLGC [2021] EWHC 2885 (Admin) , the court considered whether an existing shed within the garden of a house could be used by the owner for his business which involved one-to-one fitness training sessions for multiple visiting clients per week. The owner applied for a certificate of lawful use, which the local authority refused, and the resulting appeal was dismissed by an inspector. That decision was subsequently challenged in the court.

What makes this case especially interesting is that this change of use did not give rise to any noise impacts, as verified by the applicant’s expert acoustic report.

In Sage , the owner argued that this commercial business use was indistinguishable from an ordinary residential use in terms of the associated ‘environmental’ impacts (noise, disturbance, etc.). Several of the immediate neighbours wrote letters in support of the application, claiming not to be disturbed.

Nevertheless, the court ruled that the ‘environmental’ impacts were not the only relevant factor which had to be considered. This was merely a component in relation to the key legal question of deciding whether there had been a definitive change in the character of the use of the land. The inspector had correctly decided that having regard to factors such as the size and location of the plot, the narrow accessway shared with the adjacent property, and the number of daily ‘comings and goings’, the use was more than ‘incidental’. The Judge went even further by ruling that it would have been legally irrational for the appeal inspector to come to any other conclusion.

For the applicant in Sage , the material change of use was therefore unauthorised and planning permission will need to be obtained. There may be a decent chance of success given the low level of impact, but this also calls into question the applicant’s strategy of making two applications for a lawful development certificate (both of which were refused and appealed), followed by a failed trip to the court.

Lessons from Sage

• Seek clear professional advice In giving judgment the Judge described the content of the applications as “muddled”, and so the first obvious lesson for would-be applicants is to seek out good professional advice, to devise the right strategy and to prepare the application properly. This might seem obvious, but there are many schemes where excessive time has been wasted on a series of applications without any clear direction.
• Uses which are compatible with a residential environment may not be ‘incidental’ The issue of what kind of use might be considered ‘incidental’ to a dwelling house does not depend solely on an assessment of environmental effects. It will be relevant to consider where has been a material change in the character of the use of the land by reference to factors such as site location, plot layout, and general setting, as well as the scale and frequency of the use.This requires a subtle difference in approach which might be lost on some planning authorities. There will be a small window of opportunity for third parties (e.g. affected neighbours) to apply for judicial review seeking to quash ‘bad’ decisions in cases where a local authority has issued a certificate of lawfulness after having followed the wrong legal test.

How might this affect future decision-making?

The Sage case gives encouragement to planning authorities to require planning applications rather more frequently instead of treating such uses as falling outside the ordinary scope of planning controls for ‘development’.

Business owners who run their business at home should therefore be wary that they could be liable to enforcement action unless the requisite planning permission is obtained, and ultimately where ‘significant’ amenity impacts arise, such consent may not be forthcoming.

If you run a business from home and wish to discuss any of the issues raised in this article, please contact Ben Garbett.

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This article is for general information purposes only and does not constitute legal or professional advice. It should not be used as a substitute for legal advice relating to your particular circumstances. Please note that the law may have changed since the date of this article.

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• Housing, local and community
• Planning and building
• Planning system

When is permission required?

Sets out when planning permission is required and different types of planning permission which may be granted.

What is development?

Planning permission is only needed if the work being carried out meets the statutory definition of ‘development’ which is set out in section 55 of the Town and Country Planning Act 1990 .

‘Development’ includes:

• building operations (eg structural alterations, construction, rebuilding, most demolition);
• material changes of use of land and buildings ;
• engineering operations (eg groundworks);
• mining operations;
• other operations normally undertaken by a person carrying on a business as a builder.
• subdivision of a building (including any part it) used as a dwellinghouse for use as 2 or more separate dwelling houses

The categories of work that do not amount to ‘development’ are set out in section 55(2) of the Town and Country Planning Act 1990 . These include, but are not limited to the following:

• interior alterations (except mezzanine floors which increase the floorspace of retail premises by more than 200 square metres)
• building operations which do not materially affect the external appearance of a building. The term ‘materially affect’ has no statutory definition, but is linked to the significance of the change which is made to a building’s external appearance.
• a change in the primary use of land or buildings, where the before and after use falls within the same use class.

Paragraph: 001 Reference ID: 13-001-20140306

Revision date: 06 03 2014

Does all development require planning permission?

Section 57 of the Town and Country Planning Act 1990 directs that all operations or work falling within the statutory definition of ‘development’ require planning permission. However, there are different types of planning permission, such as:

• local authority grants of planning permission
• national grants of permission by the General Permitted Development Order which allows certain building works and changes of use to be carried out without having to make a planning application
• local grants of planning permission through Local or Neighbourhood Development Orders or Community Right to Build Orders.
• Development which is to be carried out by a local authority, national park authority or statutory undertaker that has been authorised by a relevant government department.

Paragraph: 002 Reference ID: 13-002-20140306

Does all development require a planning application to be made for permission to carry out the development?

Development does not in all instances require a planning application to be made for permission to carry out the development. In some cases development will be permitted under national permitted development rights . To receive a formal confirmation of this, an application for a certificate of lawful development can be submitted to a local planning authority.

There may also be a locally granted planning permission in place that covers the type of development you wish to undertake, in the form of a Local Development Order, a Neighbourhood Development Order or a Community Right to Build Order .

In all other cases it will be necessary to make a planning application to a local planning authority.

Paragraph: 003 Reference ID: 13-003-20140306

If it is not necessary to make a planning application, are there any other steps required before the development goes ahead?

Even if a planning application is not needed, other consents may be required under other regimes. The following list is not exhaustive but illustrates some of the other permissions or consents that may need to be obtained before carrying out development:

• works to protected trees
• advertisement consent
• listed building consent
• hazardous substances consent
• environmental permits/licences
• building regulations

It is the developer’s responsibility to ensure that any necessary permissions, consents and permits (including permits and licences outside of planning such as those granted under the Licensing Act 2003 and Gambling Act 2005 ) are in place when required.

Paragraph: 004 Reference ID: 13-004-20140306

What if there are restrictions through deeds or covenants that prevent development?

Land ownership, including any restrictions that may be associated with land, is not a planning matter. An appropriate legal professional will be able to provide further advice on this if necessary.

Paragraph: 005 Reference ID: 13-005-20140306

What happens if development is carried out without the necessary planning permission?

If development is carried out without the necessary planning permission, this may lead to enforcement action .

Paragraph: 006 Reference ID: 13-006-20140306

Where can applicants find out more?

A local planning authority delivers the planning service for a local area and should always be the first point of contact for any planning enquiries. A local planning authority will have professional planning officers working for them who can offer planning advice, particularly on the interpretation of planning law and planning policy . Some local planning authorities charge for pre-application advice . Further advice can also be obtained from a professional planning consultant.

Paragraph: 007 Reference ID: 13-007-20140306

How can disagreements with a local planning authority’s actions, or its interpretation of planning rules, be resolved?

If an applicant disagrees with a planning decision made by a local planning authority, then the decision can be appealed to the Planning Inspectorate .

If a person is unhappy with the approach that a local planning authority has taken to a proposed or existing development then they can consider going through the authority’s complaints procedure. If this does not resolve the issue, they could make a complaint to the Local Government Ombudsman .

The Ombudsman is only able to consider the procedure followed and conduct of a local planning authority. The Ombudsman does not have the power to rescind a grant of planning permission. Further advice will also be available from an appropriate legal professional or professional planning consultant.

Paragraph: 008 Reference ID: 13-008-20190722

Revision date: 22 07 2019 See previous version

What is the Use Classes Order?

The Town and Country Planning (Use Classes) Order 1987 , as amended, groups common uses of land and buildings into classes. The uses within each class are, for planning purposes, considered to be broadly similar to one another. The different use classes are:

• Class B2 – General Industrial
• Class B8 – Storage and distribution
• Class C1 – Hotels
• Class C2 – Residential institutions
• Class C2A – Secure residential institutions
• Class C3 – Dwellinghouses
• Class C4 – Small Houses in multiple occupation
• Class E – Commercial, Business and Service
• Class F.1 Learning and non-residential institutions
• Class F.2 Local community

Paragraph: 009 Reference ID: 13-009-20140306

Revision date: 18 09 2020

What uses are included in Commercial, Business and Service use class?

The Commercial, Business and Service use class ( E) includes a broad and diverse range of uses which principally serve the needs of visiting members of the public and or are suitable for a town centre area. The use class allows for a mix of uses which recognises that a building may be in several different uses concurrently or be used for different uses at different times of the day. The class incorporates the whole of the previous shops (A1) (apart from those that now fall within scope of the F2 Local Community use class), financial and professional services (A2), restaurant and cafes (A3) and business (B1 including offices) use classes, and uses such as nurseries, health centres and gyms ( previously in classes D1 non-residential institutions, and D2 assembly and leisure) and it seeks to provide for new uses which may emerge and are suitable for a town centre area.

Paragraph: 009a Reference ID: 13-009a-20200918

Date 18 09 2020

What shops are within the Local Community use class?

The shops that fall with Local Community use class (F2) are defined in the Use Classes Order Schedule 2, Part B, Class F.2(a)]. Whether a shop falls within this class will be based an assessment of the facts of case at the time the determination is made. The threshold limit of not more than 280 square metres shop area floorspace accords with the provisions of the Sunday Trading Act 1994.

Paragraph: 009b Reference ID: 13-009b-20200918

Should development plan policies be amended to reflect recent amendments to the Use Classes Order?

Some development plan policies may need to be revised to reflect the amendments to the Use Classes Order introduced in September 2020. It will be for the plan making body to decide on the timing of a review of the relevant plan policies, having regard to the National Planning Policy Framework and national guidance on plan preparation.

Paragraph: 009c Reference ID: 13-009c-20200918

What uses are subject to local consideration?

Not all uses of land or buildings fit within the use classes order. When no use classes order category fits, the use of the land or buildings is sometimes described as sui generis, which means ‘of its own kind’. Article 3(6) of the Use Classes Order defines a series of uses which are expressly not included within any use class. The uses identified in the Order include: theatres, public houses, hot food takeaways, petrol stations, taxi businesses, and casinos (these examples are not exhaustive). Other than in defined circumstances , any change of use to or from such uses requires full local consideration through a planning application process.

Where land or buildings are being used for different uses which fall into more than one class, then the overall use of the land or buildings is regarded as a mixed use, which will normally be outside a use class and a matter for local consideration (sui generis). The exception to this is where there is a primary overall use of the site, to which the other uses are ancillary. For example, in a factory with an office and a staff canteen, the office and staff canteen would normally be regarded as ancillary to the factory.

Paragraph: 010 Reference ID: 13-010-20140306

When does a change of use require planning permission?

A change of use of land or buildings requires planning permission if it constitutes a material change of use. There is no statutory definition of ‘material change of use’; however, it is linked to the significance of a change and the resulting impact on the use of land and buildings. Whether a material change of use has taken place is a matter of fact and degree and this will be determined on the individual merits of a case.

If planning permission is required for change of use, there may be permitted development rights which allow change of use without having to make a planning application .

Paragraph: 011 Reference ID: 13-011-20140306

Is movement between uses within the same use class development?

Movement from one primary use to another within the same use class is not development, and does not require planning permission.

The Commercial, Business and Service use class provides for use, or part use, for all or any of the purposes set out in that Class.

Paragraph: 012 Reference ID: 13-012-20140306

Does the Use Classes Order grant permission for any associated development?

Any associated development, such as physical works, may require separate planning and or buildings regulations approval. Other consents may also be required, for example, listed building consent may be required for works to a listed building.

Paragraph: 012a Reference ID: 13-012a-20200918

Do the changes made to the Use Classes Order in September 2020 cut across the requirements of pre-existing planning conditions or pre-existing planning obligations?

The Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 do not override any existing planning conditions or planning obligation which specifically prohibits a new use. However, in considering an application for the discharge, modification or removal of conditions limiting changes of use within any of the expanded classes of use, the local planning authority should have regard to the new regulations and the advice in this guidance. See further guidance in relation to changing an agreed planning obligation .

Paragraph: 012b Reference ID: 13-012b-20210820

Date 20 08 2021 See previous version

What is the effect of the changes to the Use Classes Order in September 2020 on the General Permitted Development Order?

Transitional and saving provisions were introduced as part of the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020. Under these provisions, until 31 July 2021, references in the Town and Country Planning (General Permitted Development) (England) Order 2015 to use classes were to be construed as references to the uses classes which were specified in the Use Classes Order on 31 August 2020 (before the latest amendments came into force). Similar provisions in the Regulations also apply to relevant article 4 directions.

Further legislation, the Town and Country Planning (General Permitted Development etc) (England) (Amendment) (No 2) Order 2021 , makes ‘consequential changes’ to amend or revoke a number of permitted developments rights. This legislation came into force on 1 August 2021 and includes transitional and saving provisions as set out in the Schedule.

Paragraph: 012c Reference ID: 13-012c-20210820

Is planning permission required to sub-divide a building?

Planning permission may not be required to sub-divide a building where:

• sub-division does not involve physical works that amount to development;
• the use of any newly formed units after a building has been sub-divided falls within the same use class as the building’s existing primary use before it was sub-divided, or there is a permitted development right allowing the new use; and/or
• the sub-division does not involve converting a single dwelling house to contain more than one residential unit.

Paragraph: 013 Reference ID: 13-013-20140306

Do I need planning permission to home work or run a business from home?

Planning permission will not normally be required to home work or run a business from home, provided that home working or a business use is incidental to the use as a dwellinghouse. The local planning authority must consider whether any purposes to which it is put are reasonably incidental to its use as a dwellinghouse. Where such uses result in a material change of use of a dwellinghouse, planning permission will be required. Whether a material change of use has taken place, or will take place, is a matter of fact and degree and this will be determined on the individual merits of a case.

When determining whether a material change of use has occurred, or will occur, a local planning authority must consider whether home working or a business has led, or will lead, to a notable change in the character of the property’s use. Environmental impacts may be used to indicate a notable change of character of the property, for example: increase in traffic and parking, disturbance to neighbours caused by regular or the number or timing of, visitors or deliveries, abnormal noise or smells, or the need for any major structural changes or major renovations.

Paragraph: 014 Reference ID: 13-014-20230726

Revision date: 26 07 2023 See previous version

Is planning permission required to rent out a parking space?

The government’s view is that it should be possible to rent parking spaces without planning permission, provided there are no substantive planning concerns such as public nuisance to neighbours.

There is a public interest from such renting, by providing more cheap and flexible parking spaces for people to park their car and taking pressure away from on-street parking.

The decision on whether renting out a parking space requires planning permission will depend on 2 principal factors:

• The first is whether renting out a parking space results in a material change in the use of the space. Determining whether there has been a material change of use will depend on whether a space is used in a significantly different way to how a parking space would normally be used (irrespective of the identity of the driver). For example, if by renting out spaces, it causes a notable public or neighbour nuisance. A local planning authority will make this decision based on relevant facts and on a case by case basis.
• The second is whether there are any other relevant planning considerations, such as planning conditions , which impose restrictions that prevent parking spaces being rented out.

If renting out parking spaces does not amount to a material change of use and if there are no other planning considerations that prevent parking spaces from being rented out then it would not require planning permission.

Paragraph: 015 Reference ID: 13-015-20150319

Revision date: 19 03 2015 See previous version

Is planning permission required to short-term let in Greater London?

Section 25 of the Greater London Council (General Powers) Act 1973, as amended by section 44 of the Deregulation Act 2015 , allows properties in London, which are liable for council tax, to be let out on a short-term basis for a maximum of 90 nights per calendar year without this being considered a material change of use for which planning permission is required (see section 25A of the 1973 Act). If these criteria are not met planning permission is required.

Paragraph: 110 Reference ID: 13-110-20160519

Revision date: 19 05 2016

Is planning permission required to short-term let in elsewhere England?

Planning permission is not required elsewhere in England to short-term let a dwelling house, so long as there is not a material change of use of the property. Where it is a change of use and planning permission has not been obtained, a local planning authority can consider whether to take enforcement action. In addition, and irrespective of its planning status, where the short-term letting is causing disruption that could be a ‘statutory nuisance’ under the Environmental Protection Act 1990 , a local authority is required to take reasonably practicable steps to investigate the complaint and where it is satisfied that such a nuisance exists, it must issue an abatement notice against “the person responsible”.

Paragraph: 118 Reference ID: 13-118-20180222

Revision date: 22 02 2018

What happens if a property exceeds the conditions for short-term letting in London?

Local planning authorities have discretion as to whether to take planning enforcement action on properties which are short-term let for more than 90 nights in a calendar year without planning permission, or where the person short-term letting is not liable for council tax. In addition, local authorities are required to investigate complaints about issues that could be a ‘statutory nuisance’ under the Environmental Protection Act 1990 , and where it is satisfied that such a nuisance exists, it must issue an abatement notice against “the person responsible”.

Under section 25B a local authority can direct that the right to short-term let without planning permission for up to 90 nights in a year is not to apply to particular residential properties or to residential premises situated in a specified area. However, the Secretary of State’s consent is required before a local planning authority can issue such a direction.

The Secretary of State will consider each application for consent from a local authority on its merits, and all arguments are taken into account before a decision is made but directions may only be given if it is necessary to protect the amenity of the locality. A direction is likely to be necessary to protect the amenity of the locality where:

• there has been successful action against a statutory nuisance related to short-term letting; or,
• there has been successful enforcement action against a breach of section 25 or 25A of the 1973 Act.

In this context ‘successful action’ means that the notice has come into force and the person responsible has not complied within the relevant time period, and that there is no on-going appeal.

If the Secretary of State grants consent, the local authority may give a direction suspending the right to short-term let from that property or area. The position should be reviewed, such that the right is only removed for a reasonable and proportionate period of time, and the direction should be revoked when it is no longer necessary. A removal of rights can be secured against the relevant property by way of a local land charge.

Paragraph: 111 Reference ID: 13-111-20160519

Is planning permission required for farm shops?

Farm shops are often developed as part of farm diversification schemes which can enhance the sustainability of the farm business and benefit the local community. If you are considering developing a farm shop you are likely to need planning permission. There are two options for securing this, either through a permitted development right or submitting a planning application.

It can be possible to develop farm shops under permitted development rights, such as Class R of Part 3 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 , which allows change of use of agricultural buildings to a flexible commercial use, when certain conditions are met.

If using this right and the development of a farm shop would not exceed 150 square metres cumulative floor space, where the conditions set out in the regulations apply, certain information will need to be sent to the local planning authority. This comprises the date the site will begin to be used for any of the flexible uses; the nature of the use or uses; and a plan indicating the site and which buildings have changed use.

Where the development of a farm shop would be greater than 150 square metres cumulative floor space but does not exceed 500 square metres the permitted development right requires an application for prior approval to be made to the local planning authority. This is so that consideration can be given to whether there are potential impacts which the proposed farm shop development may have and how, if necessary, these can best be mitigated. These are impacts from changes in traffic, noise, contamination and flood risk.

Where a planning application is required applicants should consider both national policy set out in the National Planning Policy Framework and development plan policies when developing the proposal.

When considering applications for a permitted development prior approval or planning permission, the local planning authority may propose granting permission with conditions in respect of the farm shop development. This is to ensure that the development is acceptable in planning terms. In imposing any conditions, local planning authorities need to be mindful of the viability of the business and ensure that the conditions are proportionate and reasonably related to issues directly connected to the proposed farm shop. Planning conditions imposed in relation to a prior approval must only be related to the subject matter of the prior approval.

Paragraph: 112 Reference ID: 13-112-20190722

Is planning permission required for polytunnels?

The erection of polytunnels to support sustainable food delivery is becoming a more important part of the approach to farming. Whether they are ‘development’ will depend on the individual circumstances such as the extent, size, scale, permanence, movability and the degree of attachment to the land of the polytunnels.

Some development of polytunnels is allowed under existing permitted development rights, such as Class A of Part 6 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 . However the local planning authority is responsible for deciding whether any type of planning permission is required for a particular development.

Where the local planning authority has to consider planning applications or prior approval applications for polytunnels, it is important that appropriate weight is given to the agricultural and economic need for the development. Circumstances where polytunnels can play an important role include to provide protection for plants or young livestock, to secure improved quality produce and to extend the growing season to provide greater opportunity for home grown produce.

Paragraph: 113 Reference ID: 13-113-20170728

Revision date: 28 07 2017

Is planning permission required for on-farm reservoirs?

Full planning permission is not usually required for smaller, on-farm reservoirs, where the waste material excavated to develop a reservoir remains on the farm. These may be developed under existing agricultural permitted development rights, such as Class A of Part 6 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 , which set out the thresholds for excavation and mineral working where reasonably necessary for agricultural purposes. However, prior approval will be required from the local planning authority.

In considering either a prior approval application or a full planning application for the development of on-farm reservoirs, planning authorities should have regard to the increasing need for sustainability, importantly including the careful management of water, the benefits water storage adds in the sustainability of the farming activity and the contribution that it can also make to flood alleviation.

Mineral planning authorities should consider any applications for mineral extraction, which are submitted in order to dispose waste material excavated to develop reservoirs, in the wider context of the reasons for the development, such as to improve a farm’s sustainability and to protect water sources. Therefore mineral planning authorities should not refuse applications for mineral extraction, which have been submitted as a by-product of the need to develop an on-farm reservoir, solely on the basis that this would exceed their local minerals’ supply. In submitting any application there should be a clear explanation of why the extracted material cannot remain on the farm that can be considered by the mineral planning authority.

Paragraph: 114 Reference ID: 13-114-20180615

Revision date: 15 06 2018 See previous version

Is planning permission required for a farm track?

Private ways or ‘farm tracks’ are often developed to support the operation of an agricultural unit. If you are considering providing, rearranging or replacing a farm track you will need planning permission in most cases. There are 2 possible routes for securing the planning permission, either through a permitted development right (where applicable) or by submitting a planning application.

Farm tracks may be developed, rearranged or replaced on both larger and smaller agricultural units under existing agricultural permitted development rights where they are reasonably necessary for agricultural purposes. The permitted development rights, set out in Class A and Class B of Part 6 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 , as amended, include the conditions for developing farm tracks under these rights. There is no size or ground area limit on the extent of the farm track that can be developed.

Where farm tracks are developed under permitted development rights on larger agricultural units (i.e. of 5 hectares or more) prior approval will be required from the local planning authority. On smaller agricultural units (i.e. of less than 5 hectares but more than 0.4 hectares) located in certain protected areas known as article 2(4) land (i.e. land within a National Park, the Broads and certain land outside the boundaries of a National Park) prior approval will also be required. In considering either a prior approval application or a full planning application for the development of farm tracks, planning authorities should have regard to the need for such development to support agriculture on the unit.

Paragraph: 115 Reference ID: 13-115-20180222

Is planning permission required for flood protection or alleviation works on a farm?

An application for planning permission is required for flood protection or alleviation works on smaller agricultural units (i.e. of less than 5 hectares) where these constitute development , such as excavations or engineering works. On larger agricultural units (i.e. of 5 hectares or more) those flood protection or alleviation works which are reasonably necessary for agricultural purposes, and where the waste material excavated to carry out the works remains on the farm, may be developed under existing agricultural permitted development rights. Class A of Part 6 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 , as amended, sets out the applicable thresholds for excavation and deposit of waste material excavated to carry out the works.

Where flood protection or alleviation works are carried out under permitted development rights a prior approval will be required from the local planning authority. In considering either a prior approval application, or a full planning application for the development of flood protection or alleviation works, planning authorities should have regard to the increasing need for such measures to provide resilience to the impacts of climate change and mitigate flood risk to support the sustainability of the agricultural activity.

Mineral planning authorities should consider any applications for mineral extraction, which are submitted in order to dispose of waste material excavated to carry out flood protection or alleviation works, in the wider context of the reasons for the development, such as to protect the farm in the event of severe weather events. Therefore mineral planning authorities should not refuse applications for mineral extraction, which have been submitted as a by-product of the need to carry out development for flood protection or alleviation works, solely on the basis that this would exceed their local minerals’ supply. Applicants should include a clear explanation on their application of why the extracted material cannot remain on the farm that can be considered by the mineral planning authority.

Paragraph: 116 Reference ID: 13-116-20180615

What are permitted development rights?

Permitted development rights are a national grant of planning permission which allow certain building works and changes of use to be carried out without having to make a planning application. Permitted development rights are subject to conditions and limitations to control impacts and to protect local amenity.

Paragraph: 016 Reference ID: 13-016-20140306

What types of permitted development rights exist?

Permitted development rights are set out in the Town and Country Planning (General Permitted Development) (England) Order 2015 , as amended. Permitted development rights for householders: technical guidance has been issued by the government.

Paragraph: 017 Reference ID: 13-017-20140306

Do all areas in England have the same permitted development rights?

There is a range of exclusions which apply to certain permitted development rights in England. For instance, there are protected areas known as article 2(3) land, which cover:

• conservation areas
• Areas of Outstanding Natural Beauty
• National Parks
• World Heritage Sites

There are other land areas known as article 2(4) land. Article 2(4) land covers land within a National Park, the Broads or certain land outside the boundaries of a National Park.

Paragraph: 018 Reference ID: 13-018-20190722

Are there limitations to permitted development rights?

Permitted development rights are subject to national conditions and limitations (for example limits on height, size or location etc). Some permitted development rights are also in place for a limited period of time; these are set out in the relevant Parts in Schedule 2 to the General Permitted Development Order .

Special rules apply to permitted development rights where they relate to development specified in the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 . If the proposed development would fall into Schedule 1 or 2 of these regulations, it would only be permitted where a local planning authority has issued a screening opinion determining that the development is not environmental impact assessment development; or alternatively where the Secretary of State has directed that it is not environmental impact assessment development or that the development is exempt from the Environmental Impact Assessment Regulations. There are some specific exceptions to this general rule: Article 3(10) to (12) of the General Permitted Development Order provides more detail on this.

Special rules also apply to permitted development rights where development could have a significant effect on a Habitats site or a European Offshore Marine Site. These are sites of the sort described in regulation 8 of the Conservation of Habitats and Species Regulations 2017 , which have been designated under processes set out in those regulations. Under article 3(1) of the General Permitted Development Order and regulations 73 to 76 of the Conservation of Habitats and Species Regulations 2017 , a development must not be begun or continued before the developer has received written notice of the approval of the local planning authority.

Paragraph: 019 Reference ID: 13-019-20190722

Can permitted development rights be removed?

Permitted development rights can be removed by the local planning authority, either by means of a condition on a planning permission , or by means of an article 4 direction . The restrictions imposed will vary on a case by case basis and the specific wording of such conditions or directions.

Paragraph: 020 Reference ID: 13-020-20140306

Can local planning authorities tailor permitted development rights to their own circumstances?

Permitted development rights can be expanded via a Local Development Order or Neighbourhood Development Order , or they can be limited or withdrawn via an article 4 direction.

Paragraph: 021 Reference ID: 13-021-20140306

Is it necessary to apply for planning permission where there are permitted development rights?

Where a relevant permitted development right is in place, there is no need to apply to the local planning authority for permission to carry out that work. In a small number of cases, however, it may be necessary to obtain prior approval from a local planning authority before carrying out permitted development . Permitted development rights do not override the requirement to comply with other permission, regulation or consent regimes.

Paragraph: 022 Reference ID: 13-022-20140306

Is it necessary to contact the local planning authority before carrying out work under permitted development rights?

For the purposes of planning, contact with the local planning authority is generally only necessary before carrying out permitted development where:

• prior approval from the local planning authority is required in advance of development
• the neighbour consultation scheme applies (see below)
• the local planning authority has a Community Infrastructure Levy in place which requires developers to contact the local planning authority before carrying out permitted development . Failure to do this may result in the local planning authority imposing a surcharge on a developer.
• the permitted development rights require the developer to notify the local planning authority of a change of use

The relevant Parts in Schedule 2 to the General Permitted Development Order set out the procedures which must be followed when advance notification is required.

Paragraph: 023 Reference ID: 13-023-20140306

What if it’s not clear whether development is covered by permitted development rights?

If it is not clear whether works are covered by permitted development rights, it is possible to apply for a lawful development certificate for a legally binding decision from the local planning authority.

Paragraph: 024 Reference ID: 13-024-20140306

Is development carried out under the General Permitted Development Order liable to a Community Infrastructure Levy charge?

Development carried out using permitted development rights can be liable to pay a Community Infrastructure Levy charge . This depends on when development commences and whether there is a community levy charge in place. A developer would not be required to pay a charge where permitted development was commenced before 6 April 2013 or otherwise before a charging schedule was in effect. Where development is commenced after 6 April 2013 and a charging schedule is in place, they would be liable to pay a charge.

Paragraph: 025 Reference ID: 13-025-20140306

What is prior approval?

Prior approval means that a developer has to seek approval from the local planning authority that specified elements of the development are acceptable before work can proceed. The matters for prior approval vary depending on the type of development and these are set out in full in the relevant Parts in Schedule 2 to the General Permitted Development Order . A local planning authority cannot consider any other matters when determining a prior approval application.

Paragraph: 026 Reference ID: 13-026-20140306

What types of development require prior approval?

Prior approval is required for some change of use permitted development rights . Certain other types of permitted development including the erection of new agricultural buildings, demolition and the installation of telecommunications equipment also require prior approval. The matters which must be considered by the local planning authority in each type of development are set out in the relevant Parts of Schedule 2 to the General Permitted Development Order.

Paragraph: 027 Reference ID: 13-027-20140306

Is a prior approval application like a planning application?

The statutory requirements relating to prior approval are much less prescriptive than those relating to planning applications. This is deliberate, as prior approval is a light-touch process which applies where the principle of the development has already been established. Where no specific procedure is provided in the General Permitted Development Order, local planning authorities have discretion as to what processes they put in place. It is important that a local planning authority does not impose unnecessarily onerous requirements on developers, and does not seek to replicate the planning application system.

Paragraph: 028 Reference ID: 13-028-20140306

What kind of information will the developer have to supply in connection with a prior approval application?

This will vary according to the particular circumstances of the case, and developers may wish to discuss this with the local planning authority before submitting their application. Local planning authorities may wish to consider issuing guidance, taking into account local circumstances and advice provided by the relevant statutory consultees. For example, this could set out whether a flood risk assessment is likely to be required .

Paragraph: 029 Reference ID: 13-029-20140306

What happens if a prior approval application is not determined by a local planning authority?

For some permitted development rights, including prior approval for certain changes of use, if the local planning authority does not notify the developer of their decision within the specified time period, the development can proceed. The relevant Parts in Schedule 2 to the General Permitted Development Order set out where this applies. Where this is not the case, non-determination can be appealed under section 78(2)(a) of the Town and Country Planning Act 1990 .

Paragraph: 030 Reference ID: 13-030-20140306

What is the neighbour consultation scheme?

The neighbour consultation scheme is a form of prior approval which only applies to larger single storey rear extensions to houses built under permitted development rights. A householder wishing to build such an extension will need to notify the local planning authority, who will then consult the adjoining neighbours in relation to the potential impact on amenity. If adjoining neighbours raise any objections, the local planning authority will make a decision on whether the impact on the amenity of adjoining properties is acceptable and hence whether the work can proceed.

Paragraph: 031 Reference ID: 13-031-20190722

Can a refusal of prior approval be appealed?

If an application for prior approval is refused, the applicant has a right to appeal the decision under section 78(1)(c) of the Town and Country Planning Act 1990 . More information on this is available in guidance on planning appeals .

Paragraph: 032 Reference ID: 13-032-20140306

What permitted development rights are time-limited?

There is a range of time-limited permitted development rights. Where these apply there are different types of time limit. One allows development to be retained permanently but requires that it is completed by a specified date. Others allow change of use development, but only for temporary periods of time.

The following change of use permitted development rights apply for temporary time periods:

subject to the transitional provisions identified above, the change of use of a building (apart from drinking establishments, including drinking establishments with expanded food provision and other uses not in a class, and the Class F2 Local Community use class) to a state-funded school for 2 academic years provided this has been approved by the minister with policy responsibility for schools. Where there is a temporary use of a building as a state-funded school, the building retains its original use or use class. It also retains any associated rights to change to a permanent state-funded school as permitted by Part 3 of Schedule 2 to the General Permitted Development Order;

the provision for buildings for a temporary state-funded school on certain previously vacant commercial land for up to 3 academic years provided this has been approved by the minister with policy responsibility for schools;

subject to the transitional provisions identified above, the change of use of a building from a use falling in Class E (commercial, business and service), a betting office, pay day loan shop or hot food takeaway to a flexible use falling within Class E (commercial, business and service), and certain Class F1 Learning and non-residential institutions) namely art gallery, museum, public library or exhibition hall for a single continuous period of up to 3 years.

Full details on all of the above can be found in the relevant Parts of Schedule 2 to the General Permitted Development Order .

Paragraph: 033 Reference ID: 13-033-20210820

Revision date: 20 08 2021 See previous version

What happens if physical building work or change of use is not completed by the date specified in the General Permitted Development Order?

If the physical development or the change of use is not completed by the date specified then enforcement action could be taken, or it may be necessary to make a planning application.

Paragraph: 034 Reference ID: 13-034-20140306

Is it necessary to contact the local planning authority after completing work under permitted development?

Where the permitted development rights are time-limited (which means that the General Permitted Development Order specifies a date when the permitted development rights will expire), there is a requirement to notify the local planning authority when work has been completed. The relevant Parts in Schedule 2 to the General Permitted Development Order will specify when after development is completed the local planning authority should be notified.

Paragraph: 035 Reference ID: 13-035-20140306

What is an article 4 direction?

An article 4 direction is a direction under article 4 of the General Permitted Development Order which enables the Secretary of State or the local planning authority to withdraw specified permitted development rights across a defined area. An article 4 direction cannot be used to restrict changes between uses in the same use class of the Use Classes Order.

Paragraph: 036 Reference ID: 13-036-20140306

What can an article 4 direction do?

Provided that there is justification for both its purpose and extent, an article 4 direction can:

• remove specified permitted development rights related to operational development or change of use
• remove permitted development rights with temporary or permanent effect

Paragraph: 037 Reference ID: 13-037-20210820

When is it appropriate to use article 4 directions?

The National Planning Policy Framework advises that all article 4 directions should be applied in a measured and targeted way. They should be based on robust evidence, and apply to the smallest geographical area possible.

Where an article 4 direction relates to a change from non-residential use to residential use, it should be limited to situations where an article 4 direction is necessary to avoid wholly unacceptable adverse impacts. In other cases, article 4 directions should be limited to situations where it is necessary to protect local amenity or the well-being of the area.

The potential harm that the article 4 direction is intended to address will need to be clearly identified, and there will need to be a particularly strong justification for the withdrawal of permitted development rights relating to:

• a wide area (eg those covering a large proportion of or the entire area of a local planning authority, National Park or Area of Outstanding National Beauty)
• an area extending beyond the essential core of a primary shopping area
• agriculture and forestry development. Article 4 directions related to agriculture and forestry will need to demonstrate that permitted development rights pose a serious threat to areas or landscapes of exceptional beauty
• cases where prior approval powers are available to control permitted development
• the installation of microgeneration equipment

Paragraph: 038 Reference ID: 13-038-20210820

Can all permitted development rights be withdrawn by an article 4 direction?

Some permitted development rights cannot be removed via article 4 directions. These are set out in article 4(1) to (3) of the General Permitted Development Order . These exemptions are to ensure permitted development rights related to national concerns, safety, or maintenance work for existing facilities cannot be withdrawn.

Paragraph: 039 Reference ID: 13-039-20140306

Does an article 4 direction mean that development is not allowed?

An article 4 direction only means that a particular development cannot be carried out under permitted development and therefore needs a planning application. This gives a local planning authority the opportunity to consider a proposal in more detail.

Paragraph: 040 Reference ID: 13-040-20140306

Is a planning application fee payable where development that would otherwise have been permitted development requires a planning application?

Yes, a planning application fee may be payable. Details of planning fees are set out in the 2012 Fees Regulations , as amended.

Paragraph: 041 Reference ID: 13-041-20180222

Revision date: 22 02 2018 See previous version

Is compensation payable where permitted development rights have been withdrawn?

If a local planning authority makes an article 4 direction, it can be liable to pay compensation to those whose permitted development rights have been withdrawn, but only if it then subsequently:

• refuses planning permission for development which would otherwise have been permitted development; or
• grants planning permission subject to more limiting conditions than the General Permitted Development Order

The grounds on which compensation can be claimed are limited to abortive expenditure or other loss or damage directly attributable to the withdrawal of permitted development rights.

Paragraph: 042 Reference ID: 13-042-20140306

Where is there more information on compensation?

Compensation provisions are set out in sections 107 and 108 of the Town and Country Planning Act 1990 and the Town and Country Planning (Compensation) (England) Regulations 2015 (as amended).

Paragraph: 043 Reference ID: 13-043-20140306

Can an article 4 direction provide immediate protection?

Yes. There are 2 types of directions under the General Permitted Development Order: non-immediate directions and directions with immediate effect. An immediate direction can withdraw permitted development rights straight away; however they must be confirmed by the local planning authority within 6 months of coming into effect to remain in force. Confirmation occurs after the local planning authority has carried out a local consultation.

Paragraph: 044 Reference ID: 13-044-20140306

When can an immediate direction be used?

The circumstances in which an immediate direction can restrict development are limited. Immediate directions can be made in relation to development permitted by Parts 1 to 4 and 11 of Schedule 2 to the General Permitted Development Order , where the development presents an immediate threat to local amenity or prejudices the proper planning of an area. Immediate directions can also be made in relation to certain types of development in conservation areas. In all cases the local planning authorities must have already begun the consultation processes towards the making a non-immediate article 4 direction.

Paragraph: 045 Reference ID: 13-045-20140306

Can development continue if an article 4 direction is made where work has already started?

Article 4 directions cannot prevent development which has been commenced, or which has already been carried out.

Paragraph: 046 Reference ID: 13-046-20140306

What are the procedures for making an article 4 direction?

The procedures for making an article 4 direction are set out in schedule 3 of the General Permitted Development Order .

Paragraph: 047 Reference ID: 13-047-20140306

Can an article 4 direction be modified or cancelled?

A local planning authority can cancel an article 4 direction by making a subsequent direction. A direction can be modified by cancelling the existing direction and replacing it with a new one. In both cases the normal procedures for making an article 4 direction apply.

Paragraph: 048 Reference ID: 13-048-20140306

Can an article 4 direction remain in place permanently once it has been confirmed?

An article 4 direction can remain in place permanently once it has been confirmed. However, it is important for local planning authorities to monitor any article 4 directions regularly to make certain that the original reasons the direction was made remain valid. Where an article 4 direction is no longer necessary it can be cancelled.

Paragraph: 049 Reference ID: 13-049-20140306

Does an article 4 direction have to be submitted to the Secretary of State?

A local planning authority must, as soon as practicable after confirming an article 4 direction, inform the Secretary of State via the Planning Casework Unit . The Secretary of State does not have to approve article 4 directions, and will only intervene when there are clear reasons for doing so.

Paragraph: 050 Reference ID: 13-050-20140306

What powers does the Secretary of State have?

The Secretary of State has the power to modify or cancel article 4 directions at any time before or after they are made, with the following exceptions:

• directions relating to listed buildings or within their curtilage may not be modified;
• directions relating to buildings notified as of architectural or historic interest may not be modified; and
• directions relating to certain development in conservation areas may not be cancelled or modified

The Secretary of State will not use their powers unless there are clear reasons why intervention at this level is necessary.

Paragraph: 051 Reference ID: 13-051-20190722

Can an article 4 direction be used to withdraw permitted development rights for statutory undertakers?

In exceptional circumstances, when an authority considers that normal planning controls should apply, article 4 directions can be used to withdraw permitted development rights for statutory undertakers, except if it is development which falls into article 4(2) or 4(3) of the General Permitted Development Order.

Paragraph: 052 Reference ID: 13-052-20140306

Can an article 4 direction be used to withdraw permitted development rights for Crown development?

In exceptional circumstances when an authority considers that normal planning controls should apply, article 4 directions can be used to withdraw permitted development rights for Crown development, with the exception of the Crown development specified in article 4(2) of the General Permitted Development Order .

Paragraph: 053 Reference ID: 13-053-20140306

Are there permitted development rights for change of use?

Yes. The General Permitted Development Order gives a national grant of planning permission to some changes of use .

Paragraph: 054 Reference ID: 13-054-20140306

Do permitted development rights for change of use also allow for physical development?

Where associated physical development is required to implement the change of use, developers will need to consider whether it constitutes development and ensure they have planning permission if necessary. Some permitted development rights for change of use allow for limited physical works to carry out the change. Full details can be found in Part 3 of Schedule 2 to the General Permitted Development Order .

Paragraph: 055 Reference ID: 13-055-20140306

After change of use has taken place, do buildings have the permitted development rights associated with the new use?

It varies as to whether, after change of use has taken place, buildings have the permitted development rights associated with the new use. Details are set out in the General Permitted Development Order . In most cases the associated permitted development rights cannot be exercised until the change of use has taken place.

Paragraph: 056 Reference ID: 13-056-20140306

Do any permitted development rights for change of use require prior approval?

Prior approval is required for some permitted development rights for change of use.

Full details can be found in Part 3 of Schedule 2 to the General Permitted Development Order .

Paragraph: 057 Reference ID: 13-057-20140306

Are there permitted development rights for reusing an agricultural building?

There is a range of permitted development rights to support the re-use of agricultural buildings and land within their curtilage. These permitted development rights are set out in Classes Q, R and S, of Part 3 of Schedule 2 (changes of use) to the Town and Country Planning (General Permitted Development) (England) Order 2015 .

View further details of the permitted development rights for the change of use of agricultural buildings .

Paragraph: 100 Reference ID: 13-100-20150305

Revision date: 05 03 2015

Paragraph removed.

Paragraph: 058 Reference ID: 13-058-20190722

Are there any permitted development rights which allow movement between uses that require full local consideration?

There are permitted development right allowing movement between some uses that require full local consideration (sui generis) and other uses. Details can be found in Part 3 of Schedule 2 to the General Permitted Development Order .

Paragraph: 059 Reference ID: 13-059-20140306

Do I need to apply for planning permission to demolish a building or structure?

Planning permission may be required to demolish a building. If planning permission is not required, you may still be required to seek prior approval from the local planning authority before demolishing a building. There are a number of factors that determine what permission or prior approval you will need before demolishing a building which are explained below.

Paragraph: 060 Reference ID: 13-060-20140306

Do I need to apply for planning permission to demolish a pub?

An application for planning permission is required for the demolition of any pub, wine-bar or other drinking establishment, including those with an expanded food offer.

Paragraph: 117 Reference ID: 13-117-20180222

Do I need to apply for planning permission to demolish a statue, memorial or monument?

The demolition of outdoor statues, memorials and monuments may require planning permission depending on how long they have been in place and whether they are located in or outside a conservation area. Further detail is set out in the table below.

The demolition of indoor statues, memorials and monuments is not development and does not require planning permission.

Irrespective of any requirement to obtain planning permission, the demolition of a statue, memorial or monument which is:

• a listed building will require listed building consent;
• a scheduled monument will require scheduled monument consent

and it is an offence to demolish these without first obtaining the necessary consent.

The demolition of the whole or any part of buildings which are, or include, statues, memorials and monuments, not covered by section 75(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990) is considered to be ‘relevant demolition’. It is an offence under section 196D of the Town and Country Planning Act 1990 to demolish such a statue, memorial, monument without first obtaining planning permission.

In a conservation area:

Outside a conservation area.

*However, the proposal may require prior approval from the local planning authority.

Paragraph: 125 Reference ID: 13-125-20210427

Do I need planning permission to demolish a plaque?

The demolition of a plaque would require an application for planning permission where it materially affects the external appearance of the building.

Irrespective of whether planning permission is required or not, the demolition of a plaque which is a listed building would require listed building consent. It is an offence to demolish a listed plaque without first obtaining the necessary consent.

Paragraph: 126 Reference ID: 13-126-20210427

(a) Is demolition required as part of the redevelopment of the site?

Where the demolition of one or more buildings is required as part of a redevelopment, details of the demolition can be included in the planning application. This will give the local planning authority the opportunity to consider demolition alongside other aspects of the development. Where appropriate, the local planning authority may impose conditions on demolition if planning permission is granted .

Paragraph: 061 Reference ID: 13-061-20140306

(b) Is the scale of demolition proposed such that an Environmental Impact Assessment is required?

In some instances the scale of demolition alone may trigger the requirement for an environmental impact assessment . See guidance on Environmental Impact Assessment . If demolition does trigger the need to carry out an Environmental Impact Assessment then you will need to apply for planning permission.

Paragraph: 062 Reference ID: 13-062-20140306

(c) Are the buildings or structures to be demolished in a conservation area?

Buildings or structures which are in a conservation area are subject to stricter controls over demolition than when buildings are outside of a conservation area. Under section 196D of the Town and Country Planning Act 1990 it is an offence to undertake “relevant demolition” of an unlisted building in a conservation area without the necessary planning permission.

• (c1) What permissions/approvals are required for demolition in a conservation area?
• (c2) What permissions/approvals are required for demolition outside conservation areas?

Paragraph: 063 Reference ID: 13-063-20140306

(c1) What permissions/prior approvals are required for demolition in a conservation area?

The position on the demolition of statues, memorials and monuments is set out in paragraph 125 .

The demolition of other buildings in conservation areas requires an application for planning permission to be made to the local planning authority, except that:

a) buildings with a volume not exceeding 50 cubic metres can be demolished without planning permission because this does not amount to development having regard to the provisions of the Town and Country Planning (Demolition – Description of Buildings) Direction 2021 .

b) demolition of buildings and structures listed in the Conservation Areas (application of section 74 of the Planning (Listed Buildings and Conservation Areas) Act 1990) Direction 2015 , including:

• any building with a volume of under 115 cubic metres (not included in (a) above); and
• any gate, fence, wall or other means of enclosure less than 1 metre high where abutting a highway (including a public footpath or bridleway), waterway or open space; or less than 2 metres high in any other case;

is permitted development under Part 11 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 , as amended. No planning application is required because planning permission for the demolition is granted by the Order, subject to conditions set out in Part 11. For example, the prior approval of the local planning authority may be required as to the method of demolition and the proposed restoration of the site.

Note – demolition is not permitted by Part 11 where the building has been rendered unsafe or uninhabitable by the action or inaction of anyone having an interest in the land on which the building stands, and can be made secure through repair or temporary support.

No planning permission or prior approval is required for the demolition of listed buildings or scheduled ancient monuments . However, works to listed buildings may require listed building consent and works to scheduled monuments may require scheduled monument consent.

It is an offence under section 196D of the Town and Country Planning Act 1990 to undertake “relevant demolition” of an unlisted building in a conservation area without the necessary planning permission.

Paragraph: 064 Reference ID: 13-064-20190722

(c2) What permissions/prior approvals are required for demolition outside conservation areas?

The demolition of any other building, apart from a pub, wine-bar or other drinking establishment, outside conservation areas is permitted development under Part 11 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 , as amended. No planning application is required because planning permission for the demolition is granted by the Order, subject to conditions set out in Part 11. For example, the prior approval of the local planning authority may be required as to the method of demolition and the proposed restoration of the site.

No application for planning permission or prior approval is required to demolish:

• any building with a volume of under 50 cubic metres; and
• the whole or any part of any gate, fence, wall or other means of enclosure;

because these changes are not development having regard to the provisions of the Town and Country Planning (Demolition – Description of Buildings) Direction 2021 .

No application for planning permission or prior approval is required for the demolition of listed buildings or scheduled ancient monuments . However, works to listed buildings may require listed building consent and works to scheduled monuments may require scheduled monument consent.

Paragraph: 065 Reference ID: 13-065-20190722

Revision date: 18 09 2020 See previous version

(d) Why doesn’t the demolition of listed buildings and scheduled ancient monuments require planning permission or prior approval?

An application for planning permission or prior approval is not required for the demolition of a listed building or scheduled ancient monument. This is because demolition of these types of building/structures is controlled by separate consent regimes . It is important to speak to your local planning authority before undertaking any demolition in relation to these types of building or structures to be clear on what consent processes apply.

Paragraph: 066 Reference ID: 13-066-20140306

How do I get prior approval for demolition?

Before undertaking demolition which is permitted development under Part 11 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 , as amended, you must apply to the local planning authority, providing a written description of the proposed demolition. At the same time you must put up a site notice about the proposed demolition. The local planning authority will then determine whether prior approval is required for the method of demolition and any proposed restoration of the site. The local planning authority may then grant or refuse the prior approval. If, within 28 days of your application, the local planning authority has given no indication of whether prior approval is required or not, the demolition may begin without prior approval.

Paragraph: 067 Reference ID: 13-067-20140306

Does a statutory undertaker have to notify a local planning authority before carrying out work under permitted development?

Not unless it is a condition in a relevant class in Schedule 2 to the General Permitted Development Order that a statutory undertaker should give notice to a local planning authority before carrying out permitted development. However, if development is likely to have a significant local effect then, to provide fair warning to persons likely to be affected (including other statutory undertakers), it is advisable to discuss the intended work with the local planning authority.

Paragraph: 068 Reference ID: 13-068-20140306

When notified by a statutory undertaker of an intention to carry out permitted development, are local planning authorities required to publicise the development?

Statutory undertakers carrying out development under permitted development rights are not subject to the same publicity requirements as a full planning application. However, public consultation may be beneficial if development is expected to have a particularly significant impact. In such instances consultation could be initiated by either the local planning authority or the statutory undertaker. Any consultation will need to allow adequate time to consider representations and, if necessary, amend proposals.

Paragraph: 069 Reference ID: 13-069-20140306

What permitted development rights are there for fixed and mobile telecommunications?

Part 16 of Schedule 2 to the General Permitted Development Order specifies what permitted development rights there are for fixed and mobile telecommunications. This part also sets out what exceptions, limitations, and conditions apply to these permitted development rights.

Paragraph: 070 Reference ID: 13-070-20140306

Is there any guidance for the siting and design of fixed and mobile electronic telecommunications equipment?

To ensure the siting and design of fixed and mobile electronic telecommunications equipment is acceptable, sector-led codes of best practice have been published.

Cabinet Siting and Pole Siting Code of Practice - revised in November 2016.

Paragraph: 071 Reference ID: 13-071-20170728

Revision date: 28 07 2017 See previous version

What is the status of the government’s 2002 code of best practice for mobile phone network development?

The 2002 code of best practice has been superseded and replaced by a new code of best practice issued in July 2013.

Paragraph: 072 Reference ID: 13-072-20140306

Are there any other regulations that fixed and mobile operators have to adhere to?

In addition to the permitted development rights for both fixed and mobile electronic telecommunications, operators are required by regulation 5 of the Electronic Communications Code (Conditions and Restrictions) Regulations 2003 to notify local planning authorities of their intention to install equipment.

Paragraph: 073 Reference ID: 13-073-20140306

What permitted development rights are there for the installation of domestic and non-domestic microgeneration equipment?

Part 14 of Schedule 2 to the General Permitted Development Order specifies what permitted development rights there are for domestic and non-domestic microgeneration equipment. This part also sets out what exceptions, limitations, and conditions apply to these permitted development rights.

Part 14 defines the term ‘microgeneration’ by reference to section 82(6) of the Energy Act 2004 .

Paragraph: 074 Reference ID: 13-074-20140306

Permitted development rights for the change of use of agricultural buildings

What new uses can an agricultural building change to.

There are 3 main uses to which an agricultural building can change under permitted development rights. They are to:

• a flexible use
• a state funded school
• a residential use

There are size thresholds, limitations and conditions associated with the rights.

Paragraph: 101 Reference ID: 13-101-20210820

What are the flexible uses?

Subject to a number of conditions and restrictions, agricultural buildings and land in their curtilage may convert to a “flexible use” under Class R of Part 3. Flexible use means any use falling within Class B8 (storage or distribution), Class C1 (hotels) or Class E (commercial business and service) use classes. Registered nurseries fall within Class E (commercial, business and service) which means that agricultural buildings can be used as a nursery within this flexible use.

The size thresholds, limitations and conditions are set out at Class R of Part 3 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 .

Paragraph: 102 Reference ID: 13-102-20210820

What is the provision for state funded schools?

Subject to a number of conditions and restrictions, agricultural buildings and land may convert to a “state-funded school”.

A state-funded school is a school funded wholly or mainly from public funds, including:

• an Academy school, an alternative provision Academy or a 16 to 19 Academy established under the Academies Act 2010(d)
• a school maintained by a local authority, as defined in section 142(1) of the School Standards and Framework Act 1998(e)

The size thresholds, limitations and conditions are set out at Class S of Part 3 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 .

Paragraph: 103 Reference ID: 13-103-20210820

What are the residential uses?

Subject to a number of conditions and restrictions, agricultural buildings and land within their curtilage may convert to a use falling within Class C3 of the Schedule to the Use Classes Order 1987 (dwelling houses). These conditions and restrictions are set out in Class Q of Part 3 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 as amended.

The right allows for a maximum number for the following types of houses:

• up to 3 larger homes, to be greater than 100 square metres, and within an overall floorspace of 465 square metres; or
• up to 5 smaller homes each no greater than 100 square metres; or
• up to 5 homes comprising a mixture of larger and smaller homes, with neither exceeding the thresholds for each type of home.

The right requires that for larger homes each of the 3 homes has to be larger than 100 square metres in residential use and allows for up to 1 home of 465 square metres in residential use. For smaller homes the right requires that a home can have no more than 100 square metres of floor space in residential use. Development of dwelling houses other than those defined as “larger” or “smaller” is not allowed under Class Q. In calculating the number of new homes allowed under the right any existing homes within the established agricultural unit not granted permission under Class Q should be discounted.

Paragraph: 104 Reference ID: 13-104-20180615

What works are permitted under the Class Q permitted development right for change of use from an agricultural building to residential use?

The right allows either the change of use (a), or the change of use together with reasonably necessary building operations (b). Building works are allowed under the right permitting agricultural buildings to change to residential use: Class Q of Part 3 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 . However, the right assumes that the agricultural building is capable of functioning as a dwelling. The right permits building operations which are reasonably necessary to convert the building, which may include those which would affect the external appearance of the building and would otherwise require planning permission. This includes the installation or replacement of windows, doors, roofs, exterior walls, water, drainage, electricity, gas or other services to the extent reasonably necessary for the building to function as a dwelling house; and partial demolition to the extent reasonably necessary to carry out these building operations. It is not the intention of the permitted development right to allow rebuilding work which would go beyond what is reasonably necessary for the conversion of the building to residential use. Therefore it is only where the existing building is already suitable for conversion to residential use that the building would be considered to have the permitted development right.

For a discussion of the difference between conversions and rebuilding, see for instance the case of Hibbitt and another v Secretary of State for Communities and Local Government (1) and Rushcliffe Borough Council (2) [2016] EWHC 2853 (Admin) .

Internal works are not generally development. For the building to function as a dwelling it may be appropriate to undertake internal structural works, including to allow for a floor, the insertion of a mezzanine or upper floors within the overall residential floor space permitted, or internal walls, which are not prohibited by Class Q.

Paragraph: 105 Reference ID: 13-105-20180615

Are there any limitations to the change to residential use?

There are some limitations to the change to residential use. The Class Q rights cannot be exercised where works to erect, extend or alter a building for the purposes of agriculture under the existing agricultural permitted development rights have been carried out on the established agricultural unit since 20 March 2013, or within 10 years before exercising the change to residential use, whichever is the lesser. The agricultural permitted development rights to erect, extend or alter a building are set out in Class A (a) or Class B (a) of Part 6 of Schedule 2 to the General Permitted Development Order , as amended (agricultural buildings and operations).

In addition, the site must have been used solely for an agricultural use, as part of an established agricultural unit, on 20 March 2013, or if it was not in use on that date, when it was last in use. If the site was brought into use after 20 March 2013, then it must have been used solely for an agricultural use, as part of an established agricultural unit, for 10 years before the date the development begins. If there is an agricultural tenancy in place, there are separate arrangements set out in Class Q .

Paragraph: 106 Reference ID: 13-106-20180615

Are there any conditions attached to the change to residential use?

There are some conditions attached to the change to residential use. Before beginning the development, an individual will need to apply to the local planning authority for a determination as to whether its prior approval is necessary. This prior approval will be in respect of transport, highways and noise impacts of the development, and also as to the flooding and contamination risks on the site, and whether the location or siting of the building makes it otherwise impractical or undesirable for the building to change from agricultural use to a dwelling house. In addition, applicants will need to check whether the prior approval of the authority will be required as to the design or external appearance of the building.

The procedure for prior approval is set out in the Town and Country Planning (General Permitted Development) (England) Order 2015 , as amended. This procedure was amended in April 2014 to make clear that the local planning authority must only consider the National Planning Policy Framework to the extent that it is relevant to the matter on which prior approval is sought, for example, transport, highways, noise etc.

Paragraph: 107 Reference ID: 13-107-20150305

Is there a sustainability prior approval for the change to residential use?

The permitted development right does not apply a test in relation to sustainability of location. This is deliberate as the right recognises that many agricultural buildings will not be in village settlements and may not be able to rely on public transport for their daily needs. Instead, the local planning authority can consider whether the location and siting of the building would make it impractical or undesirable to change the use to residential.

Paragraph: 108 Reference ID: 13-108-20150305

What is meant by impractical or undesirable for the change to residential use?

Impractical or undesirable are not defined in the regulations, and the local planning authority should apply a reasonable ordinary dictionary meaning in making any judgment. Impractical reflects that the location and siting would “not be sensible or realistic”, and undesirable reflects that it would be “harmful or objectionable”.

When considering whether it is appropriate for the change of use to take place in a particular location, a local planning authority should start from the premise that the permitted development right grants planning permission, subject to the prior approval requirements. That an agricultural building is in a location where the local planning authority would not normally grant planning permission for a new dwelling is not a sufficient reason for refusing prior approval.

There may, however, be circumstances where the impact cannot be mitigated. Therefore, when looking at location, local planning authorities may, for example, consider that because an agricultural building on the top of a hill with no road access, power source or other services its conversion is impractical. Additionally the location of the building whose use would change may be undesirable if it is adjacent to other uses such as intensive poultry farming buildings, silage storage or buildings with dangerous machines or chemicals.

When a local authority considers location and siting in this context it will not therefore be appropriate to apply tests from the National Planning Policy Framework except to the extent these are relevant to the subject matter of the prior approval. So, for example, factors such as whether the property is for a rural worker, or whether the design is of exceptional quality or innovative, are unlikely to be relevant.

Paragraph: 109 Reference ID: 13-109-20150305

Permitted development rights to extend buildings upwards

What permitted development rights are there for existing buildings to be extended upwards.

There are permitted development rights which allow certain existing buildings to be extended upwards by up to 2 storeys in order to create new homes and to extend existing homes. These permitted development rights are subject to prior approval and require a fee .

To create new self-contained homes, up to 2 storeys may be added to existing freestanding purpose-built blocks of flats and freestanding blocks in certain commercial uses , as long as the existing block is at least 3 storeys high.

New homes can also be created by building additional storeys on top of buildings in certain commercial uses, which are part of a terrace of 2 or more buildings. Buildings of 2 storeys or more may add up to 2 additional storeys and single storey buildings may add 1 additional storey.

Existing houses which are detached or part of a terrace (including those which are semi-detached) may be extended upwards, to create new homes or to extend existing homes. Houses of 2 storeys or more may add up to 2 additional storeys and single storey houses may add 1 additional storey.

These permitted development rights are subject to height limits for the extended buildings on completion.

Further details can be found in the Town and Country Planning (Permitted Development and Miscellaneous Amendments) (England) (Coronavirus) Regulations 2020 and the Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2020 .

Paragraph: 119 Reference ID: 13-119-20210820

What commercial uses can buildings be in to benefit from the permitted development rights to extend existing buildings upwards?

The permitted development rights to extend upwards apply to qualifying buildings in the following commercial uses – Class A1 (shops), A2 (financial and professional services), A3 (restaurants and cafes), B1(a) (offices), betting offices, pay day loan shops and launderettes as set out in the 1987 Use Classes Order in force on 5 March 2018. . The rights also apply to buildings which have a mix of these commercial uses, and to buildings in which there is a mix of these commercial uses together with residential use (Class C3).

Paragraph: 120 Reference ID: 13-120-20210820

What height restrictions are there for extending upwards using these permitted development rights?

To protect the amenity of the neighbourhood the permitted development rights to extend upwards contain height restrictions for the extended buildings on completion.

The permitted development rights for upwards extensions allow freestanding blocks to be extended upwards by up to 2 storeys, to a height which must not exceed 30 metres on completion. The height of the roof of the extended building must be no more than 7 metres higher than the existing roof.

For upwards extensions to detached houses there is a maximum height of 18 metres, and the height of the roof of the extended building must be no more than 7 metres higher than the existing roof for a 2 storey extension and no more than 3.5 metres higher than the existing roof for a 1 storey extension.

For upwards extensions to houses and commercial buildings which are part of a terrace, there is a maximum height of 18 metres, and the height of the roof of the extended building must be no more than 7 metres higher than the existing roof for a 2 storey extension and no more than 3.5 metres higher than the existing roof for a 1 storey extension. In addition, the height of the roof of the extended building must be no more than 3.5 metres higher than the next tallest building in the terrace.

Paragraph: 121 Reference ID: 13-121-20200918

Is prior approval required to extend a building upwards?

There is a requirement to obtain prior approval from the local authority before the proposed development to extend a building upwards to create additional homes can take place. The prior approval will enable consideration of the following planning issues which are raised by the proposed development, so that the development does not significantly affect the neighbourhood:

• transport and highways impacts;
• air traffic and defence asset impacts;
• flooding risks in relation to the building;
• contamination risks in relation to the building;
• the external appearance of the building, which for buildings in commercial uses which are freestanding or in a terrace and for detached and terraced houses includes
• the design and architectural features of the principal elevation and any side elevation that fronts a highway and
• the impact of works for the construction of appropriate and safe access and egress and of storage, waste or other ancillary facilities;
• the provision of adequate natural light in all habitable rooms of the new dwellinghouses;
• impact on the amenity of the existing building and neighbouring premises, including overlooking, privacy and the loss of light; and
• whether the development will impact on a protected view identified in the Directions Relating to Protected Vistas issued by the Secretary of State.

For buildings in commercial uses which are freestanding or in a prior approval consideration is also required for:

• impacts of noise from any commercial premises on the intended occupiers of the new dwellinghouses; and
• Impacts on any trade, business or other use of land in an area of the introduction of, or an increase in, a residential use of premises in the area.

Where in relation to Classes A and AA of Part 20, the development meets the fire risk condition (i.e. two or more dwellinghouses in buildings of 7 or more storeys or that are 18 metres or more in height), prior approval is additionally required in respect of the fire safety impact on the intended occupiers of the building.

Where an existing home is being extended to provide additional living space prior approval is required for:

• impact on the amenity of neighbouring premises, including overlooking, privacy and the loss of light;
• the external appearance of the building, including consideration of the design and architectural features of the principal elevation and any side elevation that fronts a highway;
• air traffic and defence asset impacts of the development; and

Prior approval fees are required.

Given the potential impact on neighbours during the construction of the additional storeys and any engineering works to strengthen the building, the developer must prepare a report for the local planning authority setting out the proposed hours of operation and how they intend to minimise any adverse impacts of noise, dust, vibration and traffic movements during the building works on occupiers of the building and neighbouring premises before commencing works. This is required for development under the permitted development rights to extend freestanding blocks of flats; freestanding blocks and buildings that are part of a terrace in certain commercial uses; houses which are part of a terrace to create additional homes and to extend houses to create additional space.

Paragraph: 122 Reference ID: 13-122-20210820

If the local authority does not grant prior approval for extending upwards within the statutory time period can the development proceed?

The local planning authority is required to make a decision on an application for prior approval to extend upwards within 8 weeks. Development cannot commence before prior approval has been granted. Where a decision has not been made within 8 weeks, there is a right of appeal to the Secretary of State for non-determination of the prior approval application. However, an applicant may choose to continue to wait for the local authority to make a decision, out of time, rather than pursue an appeal. The prior approval issues will be considered during the appeal process.

Paragraph: 123 Reference ID: 13-123-20200918

Do the permitted development rights for upwards extensions apply in all areas, to all buildings and in all circumstances?

In order to maintain protected areas and premises, permitted development rights to extend buildings upwards do not apply in National Parks, Conservation Areas, the Broads, Areas of Outstanding Natural Beauty and sites of special scientific interest. In addition, these permitted development rights do not apply to listed buildings or scheduled monuments, or land within their curtilage.

The permitted development rights are also subject to safeguards in respect of aerodromes, safety hazard areas, military explosive storage areas, air traffic, defence assets and protected vistas in London. Issues arising from these matters will be considered as part of the prior approval application. Further details can be found in Part 20 of Schedule 2 to the General Development Permitted Order 2015 (as amended) in the Town and Country Planning (Permitted Development and Miscellaneous Amendments) (England) (Coronavirus) Regulations 2020 and the Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2020 .

Buildings in use as houses of multiple occupation (Class C4) do not benefit from these permitted development rights, and the new homes created cannot be used as houses in multiple occupation.

Where the permitted development rights to extend upwards do apply to a particular development, consents under other regimes, such as building regulations, will be required where applicable. A letter has been issued to building control bodies reminding them of the building and fire safety requirements where additional residential storeys are added. It is the developer’s responsibility to ensure that the necessary permissions, consents and permits are obtained.

Paragraph: 124 Reference ID: 13-124-20200918

What types of area-wide local planning permission are there?

Permitted development rights are set nationally, and apply across the whole of England. However there are other locally focused tools which can be used by a local planning authority to grant planning permission for development in their geographic area. These tools are:

• Local Development Orders
• Neighbourhood Development Orders
• Community Right to Build Orders

Paragraph: 075 Reference ID: 13-075-20140306

What is a Local Development Order?

Local Development Orders are made by local planning authorities and give a grant of planning permission to specific types of development within a defined area. They streamline the planning process by removing the need for developers to make a planning application to a local planning authority. They create certainty and save time and money for those involved in the planning process.

Paragraph: 076 Reference ID: 13-076-20140306

What land area can a Local Development Order cover?

A Local Development Order can cover a geographical area of any size; however, Local Development Orders cannot cross local authority boundaries. Two or more local planning authorities may wish to co-implement or co-consult on cross-boundary Local Development Orders, but each individual authority must adopt their own Local Development Order.

Paragraph: 077 Reference ID: 13-077-20140306

Are Local Development Orders permanent or time-limited?

Local Development Orders are very flexible tools, and it may be appropriate for them to be either permanent or time-limited, depending on their aim and local circumstances. For example, Local Development Orders in fast-developing areas may be time-limited so that they can be easily revised and updated in the future, while Local Development Orders which extend permitted development rights in established areas may be permanent.

Paragraph: 078 Reference ID: 13-078-20140306

What is the interaction between Local Development Orders and other planning permissions or consent regimes?

Local Development Orders do not remove or supersede any local authority planning permission (or permission granted on appeal) or permitted development rights which are already in place. Equally, they do not prevent a planning application being submitted to a local planning authority for development which is not specified in the Order.

Local Development Orders only grant planning permission, and do not remove the need to comply with other relevant legislation and regulations .

Paragraph: 079 Reference ID: 13-079-20140306

What restrictions are there on the use of Local Development Orders?

Regulation 80 of the Conservation of Habitats and Species Regulations 2017 (as amended) states that from 28 December 2018 a Local Development Order cannot grant planning permission for development which is likely to have a significant effect on a European Site or European Offshore Marine Site , referred to as habitats sites in the National Planning Policy Framework (either alone or in combination with other plans and projects), where it is not directly connected with or necessary to the management of the site, unless a competent authority has given consent, permission, or other authorisation in accordance with regulation 63 of the Conservation of Habitats and Species Regulations 2017 .

Where a new habitats site is designated, competent authorities must undertake a new habitats regulations assessment if one has not previously been undertaken or unless the Local Development Order was completed before the site became a habitats site or before 28 December 2018.

Regulation 32 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 provides special rules for Local Development Orders relating to development that would fall within Schedule 2 to those Regulations. The local planning authority or the Secretary of State must first screen the proposed development to identify its likely environmental effects.

If screening identifies that development is not likely to give rise to any significant environmental effects then no further work is required and the development can be permitted by means of a Local Development Order. Where screening identifies that the proposed development is likely to have a significant environmental effect, the development may still be permitted by means of a Local Development Order, however, the local planning authority must first produce an Environmental Statement and then take this environmental information into consideration in their decision on the Local Development Order .

Paragraph: 080 Reference ID: 13-080-20190315

Revision date: 15 03 2019 See previous version

What are the procedures for making a Local Development Order?

The procedures for making a Local Development Order are set out in sections 61A to 61D and Schedule 4A of the Town and Country Planning Act 1990 , as amended, and articles 38 and 41 of the Town and Country Planning (Development Management Procedure) (England) Order 2015 .

The Growth and Infrastructure Act 2013 simplified the Local Development Order process by removing the requirement for the local planning authority to submit the order to the Secretary of State before adoption for consideration of whether to intervene.

This was replaced by a requirement to notify the Secretary of State, via the Planning Casework Unit , as soon as practicable after adoption.

The Act also removed the requirement for Local Development Orders to be reported on as part of Authorities’ Monitoring Reports.

Paragraph: 081 Reference ID: 13-081-20140306

Can Local Development Orders be revoked or modified?

A local planning authority can revoke a Local Development Order at any time. If a local planning authority wishes to modify a Local Development Order, re-consultation may be required. The Secretary of State can also require the revision of a Local Development Order by the local planning authority at any point before or after its adoption.

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Can conditions be attached to Local Development Orders?

A local planning authority is able to impose planning conditions on a Local Development Order in much the same way as the Secretary of State can impose conditions on permitted development rights in the General Permitted Development Order. Some of the conditions imposed in a Local Development Order may be similar to conditions that may be imposed on a normal grant of planning permission . It is important to avoid imposing excessive numbers of conditions on Local Development Orders. The purpose of Local Development Orders is to simplify and speed up local planning, and this is likely to be undermined by placing overly onerous burdens on developers.

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Can section 106 planning obligations be required under a local development order?

Section 106 planning obligations cannot be required under a Local Development Order; however, this does not prevent section 106 agreements being offered by a developer. For example, if a condition attached to a Local Development Order requires mitigation of an impact from development then a section 106 agreement could be used to secure this .

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Is development carried out under a Local Development Order subject to a Community Infrastructure Levy charge?

Development carried out under a local development order may be liable to pay a Community Infrastructure Levy charge where one applies.

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What is a Neighbourhood Development Order?

A Neighbourhood Development Order can be used in designated neighbourhood areas to grant planning permission for development specified in the Order. They allow communities the opportunity to bring forward the type of development they wish to see in their neighbourhood areas .

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Who can make a Neighbourhood Development Order?

Neighbourhood Development Orders are proposed by ‘qualifying bodies’ which are town or parish councils or a designated neighbourhood forum , and are brought into force (‘made’) by the local planning authority.

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What size area can a Neighbourhood Development Order cover?

Neighbourhood Development Orders are not limited as to the size of land they can cover. However, they can only apply to land which falls within the specific designated neighbourhood area for which the community proposing the Order is the qualifying body.

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What type of permission can a Neighbourhood Development Order grant?

Neighbourhood Development Orders can grant either unconditional or conditional planning permission for development .

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Is development carried out under a Neighbourhood Development Order subject to a Community Infrastructure Levy charge?

Development carried out under a Neighbourhood Development Order may be liable to pay a Community Infrastructure Levy charge where one applies.

Paragraph: 090 Reference ID: 13-090-20140306

What is the procedure for making a Neighbourhood Development Order?

The legal procedures for making a Neighbourhood Development Order are set in section 61E and Schedule 4B of the Town and Country Planning Act 1990 , as amended, the Neighbourhood Planning (General) Regulations 2012 and article 42 of the Town and Country Planning (Development Management Procedure) (England) Order 2015 .

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Is it possible to modify a Neighbourhood Development Order?

A local planning authority can modify an Order to correct errors so long as the qualifying body that initiated the Order agrees with the changes, and is still authorised to act as the qualifying body. The procedures for modifying are orders set out in the Neighbourhood Planning (General) Regulations 2012 .

Paragraph: 092 Reference ID: 13-092-20140306

Does the Secretary of State have powers in relation to neighbourhood development orders?

The Secretary of State has the power to revoke any Neighbourhood Development Order which is made. A local planning authority, with the permission from the Secretary of State, may also revoke a Neighbourhood Development Order.

If a local planning authority wishes to revoke an Order, it is important that they first engage with the neighbourhood planning body so that the reason for the revocation can be understood and considered by the community that supported the Order.

Paragraph: 093 Reference ID: 13-093-20140306

What is a Community Right to Build Order?

A Community Right to Build Order is a type of development order which grants planning permission to development specified in the Order. It differs from Neighbourhood Development Orders because it can be prepared by community organisations, not just a town or parish council or neighbourhood forum (where a neighbourhood forum is a constituted community organisation).

Paragraph: 094 Reference ID: 13-094-20140306

What is a community organisation?

For the purposes of the Localism Act 2011, a community organisation must be a legally constituted organisation, for example a company limited by guarantee with charitable status or a registered charity and meet other legal tests .

Paragraph: 095 Reference ID: 13-095-20140306

What is the procedure for making a Community Right to Build Order?

The legal procedures for Community Right to Build are found in the Neighbourhood Planning (General) Regulations 2012 . Schedule 11 of the Localism Act 2011 provides the primary legislative provisions for Community Right to Build Orders.

Paragraph: 096 Reference ID: 13-096-20140306

Does a Community Right to Build Order have to comply with national planning policy and local strategic planning policy?

A Community Right to Build Order must meet a number of basic conditions and other legal tests. More information on these conditions and tests can be found in neighbourhood planning guidance .

Paragraph: 097 Reference ID: 13-097-20140306

Does a Community Right to Build Order give a community organisation rights over land?

A Community Right to Build Order does not give a community organisation ownership rights to any land to which it relates; land will still need to be purchased from the land owner or their permission given to build on the land in question.

Where a community organisation wishes to undertake development permitted by the Order, it will be responsible for funding the costs of the process and overseeing all stages of development to completion .

Paragraph: 098 Reference ID: 13-098-20140306

Is development carried out under a Community Right to Build Order subject to a Community Infrastructure Levy charge?

Development carried out under a Community Right to Build Order may be liable to pay a Community Infrastructure Levy charge where one applies.

Paragraph: 099 Reference ID: 13-099-20140306

Added paragraph 014.

Removed Paragraph 014 following the High Court’s decision in Ricki Sage v Secretary of State for Housing, Communities and Local Government & London Borough of Bromley [2021] EWHC 2885 (Admin).

Amended paragraphs 012b, 012c, 033, 037, 038, 101, 102, 103, 119, 120, 122.

Added paragraphs 125 and 126 on statues, memorials, monuments and plaques.

The planning guidance has been updated to reflect changes to the Use Classes Order from 1 September 2020. This includes new and amended paragraphs related to use classes, the change of use, and national permitted development rights. When is permission required? Amended paragraphs: 009,010, 012, 033, 036, 059, 117, 065, 102 New paragraphs: 9a, 9b, 9c, 12a, 12b, 12c Town centres and retail. Amended paragraphs: 007, 008 Fees for planning applications: Amended paragraph 37 The planning guidance has also been updated in respect of the new permitted development rights to extend buildings upwards. When is permission required? New paragraphs: 119 – 124 Fees for planning applications: Amended paragraph 23

Amended paragraphs 008, 018, 019, 031, 033, 038, 051, 058, 064, 065 and 112.

Amended paragraph 080.

Amended paragraphs 033, 104, 114 and 116.

Updated paragraphs 041, 065 and 105. Added new paragraphs 115, 116, 117 and 118.

Added new paragraphs 112,113 and 114 on farm shops, polytunnels and on-farm reservoirs and updated paragraphs 033, 071 and 103.

First published.

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Working from Home: Do I Need Planning Permission?

Working from home is another one of those grey areas in planning, where appeal decisions and court cases show quite a wide variety of interpretations of what level of ‘business use’ is considered to not need planning permission.

The basic principle is that business use doesn’t need planning permission if it’s considered to be incidental to normal residential use. So what constitutes an incidental use?

If you’re contemplating using part of your house for business purposes, a good rule of thumb is to ask whether that use is likely to generate levels of noise, visitors, traffic, fumes or any other external effect that goes above and beyond what might normally be expected at a house. If so, then permission will be needed.

Similarly, if the house needs external alteration to accommodate the use, or requires specialist machinery or equipment not normally found in a house, it’s highly likely that permission will be needed. Whether it will be granted depends both on the nature of the use and if any of its external effects might harm neighbours’ amenities, highway safety, and so on.

Business use and neighbours

A key factor is often whether neighbours complain about a use or activity. If they do, then it’s hard to argue that the use causes no harm. If they don’t, then the use may well go undetected and unchallenged by the council. Note that a use that takes place continuously for ten years becomes immune from enforcement action, so good relations with neighbours can be very beneficial.

Does a home office need planning permission?

The majority of people working from home do so from a home office where they work alone. This arrangement doesn’t generally need planning permission. So you can convert a room to an office in your house, or incorporate an office into the design of a new house, and for planning purposes, it’s still just a house.

More extensive office use, say taking over several rooms and perhaps involving staff coming to the house, is likely to cross that ill-defined line into a mixed residential and office use.

Garden offices

Office and other uses in detached outbuildings raise similar issues, although distance from the house and whether the outbuilding has its own separate access are factors that could point to the use not being incidental to the house, and so needing permission.

One frequent question that arises is whether putting up an office in your garden is permitted development (PD). To be permitted development, garden buildings must be used for purposes incidental to the house.

The problem here is that for this particular area of planning law, the definition of ‘incidental’ differs from the more common use of the word. For planning purposes it excludes ‘primary accommodation’, namely bedrooms, livings rooms and, arguably, offices used for business purposes.

So, whilst permitted development rights might allow a garden building for use as a gym or hobbies room, that same building couldn’t be used as an office.

The position is, as ever, grey as grey, because if you put up a building as permitted development and used it for a while for a hobby use, there would then be nothing stopping you changing it to an office under the normal ‘incidental’ use of garden buildings principle.

This anomaly has long been a bone of contention for both planners and homeowners and I hope that one day the law will be changed to bring greater clarity and certainty to this issue.

Studios & workshops

Much depends here on the nature of the use. An artist painting away in silence would have much less impact than say a sculptor working in metal or stone. But if the artist had a constant stream of visitors to his or her gallery then this might tip the balance in favour of a need for permission.

Other business uses

Homes are also used for a wide range of business uses, from childminding, surgeries and consulting rooms, health and beauty uses, guesthouses, kennels and catteries, through to vehicle repair uses, taxi uses and storage of vehicles.

Again, the key tests of whether planning permission is needed are the scale of the operation relative to the domestic use and whether there are external effects that are untypical of a residential use. So, childminding a few children or using one extra car as a taxi probably wouldn’t cross the line, but having a steady stream of customers to a vehicle workshop in your garage almost certainly would.

Note that hobby uses can also cross the line of what could reasonably be considered incidental to residential use and appeals involving the extensive storage of cars in one case and boats in another, both found that due to the harmful effects on neighbours there had been a change of use needing permission. People keeping large numbers of dogs in their gardens have put their foot in it and fallen foul of the same principle.

Live/work units

One of the benefits of purpose-built live/work units is that councils can control the types of use and hours of operation, as well as the design and layout of the building. This means that business uses might be allowed in such units where they would be rejected in a normal domestic house.

For self-builders seeking plots, bear in mind that a live work unit might overcome a council’s resistance to a new house in an area designated for business uses only. Note that a live/work unit is a mixed use and so doesn’t enjoy domestic permitted rights to extend or put up outbuildings.

Conversions with a business use

Government advice concerning conversion of rural buildings puts considerable emphasis on re-use for business purposes, and this can thwart attempts to get permission for residential conversions. But a part business, part residential scheme can sometimes get around this problem, and some councils even have specific policies which allow mixed residential/business use where the residential element amounts to no more than 50% of the overall space.

Don’t imagine, though, that you can get permission for a part business, part residential scheme, then simply use the whole building as residential. The council will impose strict conditions, and possibly insist on a legal agreement to ensure this doesn’t happen.

So is your home office permitted development?

For the majority of those working from home, planning permission isn’t an issue. It’s only when your business use starts to expand that you need to be aware that at some point you’ll cross the line and have to apply for planning permission.

Ensuring that your business develops in a way that doesn’t encroach on neighbours or create problems with access or parking gives you the best chance of securing permission, if or when it’s needed.

Main image: The Coopers have built a light-filled office space into their new home

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How to start a business from home

Do you need home business ideas before you start a business from home, you should consider a few important things., suitable home businesses.

There is a wide range of businesses that you could run from the comfort of your own home. Here are seven examples:

• Service business: This could utilise some of the equipment or materials you already have in your home. For example, you could use your car to start a delivery service. You could become a franchisee of a service company as well. You could fix things like bikes.
• Desk-bound business: As long as you have a home computer and a decent broadband connection, it is quite possible to work from home. Your choices range from website design, IT support, and copywriting, among many others.
• Consulting: If you have a lot of experience in a certain field, why not set yourself up as a consultant? The choices here are endless.
• Trade: It is quite feasible for you to operate as a tradesman from home. Most of your work may be in different locations, so your base doesn’t have to be an office. Just make sure you have good transport options.
• Fitness: Many personal trainers operate from their homes. Yoga and pilates businesses are also options to consider.
• Childcare: Many childcare centres start at the home. If your house is big enough to accommodate infants, then it is certainly a business option to consider, but you need to be conscious of building your reputation. Also refer to the ‘regulations’ section for more information.
• Food: It is realistic to operate a food business from your home, or indeed a food stall at farmers’ markets. See the ‘regulations’ section for more details.

Pros and cons of a home-based business

Establishing a business from home has a number of advantages, but also comes with disadvantages.

• Save on costs: It is far cheaper to start a business from home, as opposed to renting office or work space. You will also save on travel costs, utilities and other expenses.
• Flexibility: Many people who work from home enjoy the flexibility of spending time with their partner or children, while returning to work later on in the evening or night. Your time is your own, and you won’t have to work conventional hours.
• Less stress: By cutting out your commute and general day-to-day stresses that go with working in an office, you’ll be in a better frame of mind for your day’s work.
• Distractions: Working from home may suit you, but it comes with a lot of distractions. If you are keeping odd hours, you can find time running away with you as you procrastinate. Ensure you keep strict hours at your home office.
• Harder to switch off: If business is particularly busy, it might be difficult to switch off and actually relax. Make sure you finish your working day at a reasonable time.
• Less living space: Having a home office means less living space for your family. Depending on the size of your home, this could develop into an issue.

The essentials

What do you need to know before you start your business at home? The considerations include:

• Tax issues: The amount of tax you pay on certain elements of your business operation will depend on issues such as the legal structure of your business. You should consult with an accountant or financial adviser about this. See the ThinkBusiness.ie Guide to Company Structure  for more information.
• Rent: The Revenue Commissioners state that rent, phone charges, broadband, heating and electricity are acceptable expenses. However, you must only claim the part which relates to your business. Seek advice from an accountant or a financial adviser about this.

For more details on home-based business taxes and expenses, see the Revenue Commissioner’s section on business expenses online .

Regulations

Depending on the type of business, there may be a number of regulations to which you have to adhere if you are considering setting up from home.

If you are planning on opening a childcare centre, there are a number of regulations to be followed. Tusla is the child and family agency responsible for the health, safety and welfare of children attending services, and carries out inspections and assessments of childcare centres around the country.

Among the regulations to consider are floor area per child, number of adults per child, health and safety regulations, food and drink requirements, and facilities and premises suitability. See the regulations governing childcare in Ireland for reference.

Unsurprisingly, there are numerous regulatory requirements that go hand-in-hand with setting up a food business. The Food Safety Authority of Ireland has produced an in-depth guide for small food producers setting up a business , which also covers farmers’ markets, food stalls and good hygiene practices.

It also has a section on general regulations around setting up a food business , including registration, traceability and training requirements.

Excessive noise at the workplace, and its effect on employees, is a health and safety issue, and is covered under the remit of the Health and Safety Authority. It has published a comprehensive FAQ section on noise at work .

However, general noise complaints in a residential area fall under the remit of the Department of the Environment, Community and Local Government. See the department’s guide to noise regulations for reference.

If you are planning on changing the purpose or scope of a part of your house that may impact neighbours, you will need planning permission. If you are unsure of planning requirements, see the local government site for reference. If you have any building requirements, check out the regulations on this website.

Will homeowners’ or renters’ insurance cover a home-based business? The fact that you are running a business from home could, under certain circumstances, render your existing insurance invalid.

If you run a business from home, you may need to consider professional indemnity insurance and public liability insurance. Public liability insurance covers injuries and property damage, not only on your business premises (your home), but also potentially where you provide a service.

Professional indemnity insurance provides protection against claims of negligence or incorrect advice being given, and should be considered by home-based businesses which offer professional services.  You may also want to consider employers’ liability insurance, which covers you in the event of an injury or accident to an employee.

You should seek advice from an insurance broker or your insurer about the type of policies you need.

3 Action Points

• Is your home suitable for running a business? Identify the space and the amount of privacy you’ll need to operate a good business before making the decision, and understand and follow any relevant regulations.
• Consider work/life balance issues. Starting a business from home may seem attractive, but maybe it would be better in the long run to separate your domestic and working lives. Much depends on your personal circumstances and your ability to switch off.
• Seek advice from experts. Talk to friends, acquaintances or professionals who have done it before, and make sure the decision is right for you.

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Running a business from home is how lots of budding entrepreneurs begin, but you might need to get permission from different authorities before starting out.

Many small businesses are set up from home, especially when they’re first getting started. Here are a few best practice top tips you need to know about running your home business.

With a business plan prepared, its time to work on household admin and make friends with the neighbours!

When you start and grow your business from home, you may have a few questions about who you need to inform. Here are the answers.

Q: Do I need planning permission?

A: You’ll need planning permission to base your business at home if you answer yes to any of these questions:

• Will your home no longer be used mainly as a private residence?
• Will your business result in a marked rise in traffic or people calling?
• Will your business involve any activities that are unusual in a residential area?
• Will your business disturb the neighbours at unreasonable hours or create other forms of nuisance such as noise or smells?

If your house is [pretty much going to remain a house, with your business quietly accommodated within it, then permission shouldn’t be required. If you’re unsure, contact your local council to seek their views. www.planningportal.gov.uk

Q: Do I need to tell the local authority I’m working from home?

A: This depends on whether you pass the planning test. If you need planning permission, you’ll have to inform your local authority.

Q: Do I need to tell the landlord?

A: Yes, its best to let them know that you will be working from home. The good news is that the government announced on 1 November 2010 that social landlords should review any contracts prohibiting people from running a business from home.

Q: Do I need to inform my mortgage provider?

A: Yes, its best to let them know – even though it shouldn’t mean any change in the mortgage repayment.

Q: What about my insurance provider? Do they need to know?

A: Yes, do inform your insurance company. Tell them about the equipment and stock you have at home. An upgrade from a domestic to a business policy is not usually expensive so don’t be put off in making the call. Your insurance provider is likely to recommend that you also take out public liability insurance in case anyone who comes to visit suffers an injury in or around your home office.

Q: Do I need protection for when customer and contacts come to visit?

A: Yes, carry out a health and safety check, which is easy to do by following the steps set out by the Health and Safety Executive in their homeworking.

Q: Should I tell the neighbours?

A: Yes, see to the right for more advice!

If the business reaches a major milestone, maybe host a party for your neighbours.

Make friends with other homeworkers in your neighbourhood so you can demonstrate together that the way you work is beneficial to the economy of the area and its safety, for example, you can keep an eye on your neighbours houses during the day.

If you know of a time when there’ll be an unusual amount of activity in your home office, let your neighbours know in advance and perhaps send a bottle of wine or some chocolates to thank them for their cooperation.

Source: Home Business Guide, Department for Business, Energy and Industrial Strategy

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Do i need permission to run a business from home.

With an increasing number of people working from home, especially since the start of the Coronavirus pandemic, it is important to ensure that any relevant permissions have been obtained. This blog will focus specifically on whether people are allowed to run a business from home.

What permissions are needed for running a business from home?

Online businesses.

The various permissions which may need to be sought depend on the type of business being operated from the premises. The most straightforward businesses to run from home are those which only require a phone, computer, and internet connection. Essentially, an online business.

In the case of running an online business from home, the relevant permissions are:

Mortgage provider

Often there will be a clause in mortgage agreements which precludes the use of one’s home as a place of business. In this case, it is important to clarify with the mortgage company exactly what is and is not permitted. For this reason, it is advantageous to have a relevant document which makes things clear.

Additionally, it will be necessary to check the terms of any leasehold agreement.

Tenancy agreements often stipulate that tenants are not allowed to run a business from the premises.

It is a good idea to obtain express permission from the landlord (or letting management agent, social housing provider, council, etc) to ensure that working from home will not constitute a breach of the terms of the tenancy agreement.

Employee and client visits

If there are any employees who need to come into your home on a regular basis or frequent visits from clients, it may be more difficult to obtain permission from the mortgage company or landlord. For example, if it is likely to cause any nuisance to neighbours (e.g. with a constant stream of people entering and leaving the premises).

Furthermore, other permits may be required, such as:

Depending on how the property is going to be used, and if any specific licences are required, the local council may need to consider whether to grant the relevant permit or licence.

It might also be a good idea to obtain a Certificate for Lawful Use, under section 191 of the Town and Country Planning Act 1990 (see ‘use classes’ below).

Home contents insurance may not cover business equipment, so it may be necessary to get separate business insurance.

Also, if any clients/customers visit the property, it is advisable to obtain public liability insurance (e.g. in case someone injures themselves).

Furthermore, if there are any employees working from the property, an employer’s liability insurance certificate will need to be obtained and displayed. Additionally, it will be necessary to carry out any required health and safety checks.

Converting part of a home into a business property

If any substantial changes need to be made to the property, or the intention is to make part of a residential property into a business property, it will be necessary to gain the relevant planning permission :

Use classes

Where the original purpose of a building is going to be changed (e.g. a garage is being converted into a hair salon), it will normally be necessary to obtain planning permission to change the ‘ use class ’ of the property (this officially designates what it can be used for).

Alterations

If any major alterations need to be made to a property, such as building an extension to house an office, consent from the local planning office will be required.

Furthermore, it will be important to check the deeds of the property to ensure that there are no restrictive covenants preventing certain types of trade.

Finally, to change part of a property into a retail or hospitality premises, it will normally be necessary to gain all of the above permissions in addition to having to pay business rates.

Author:  Nicholas Campion

Nicholas Campion is a Chartered Secretary and Governance Professional with a decade’s experience in the corporate services industry. Having established and grown the company secretarial function at QCF, he has built extensive knowledge in company formation, secretarial and legal matters. He is also deeply familiar with trends in UK business and provides regular commentary on how new and existing businesses can remain compliant.

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My neighbour is using her home to offer Bowen Technique to clients on a regular basis. Her house, along with two others, shares a private gravel drive – the maintenance of which is shared by the three houses (one of which is mine). According to the Title Deeds of the Land Registry, “The Transferee shall not use or permit to be used the Property or any buildings on the Property for the carrying on of any trade or business whatsoever and shall use the same as a single private dwelling house only”.

This has been going on for several years now and a few months ago I did mention the above, to which the reaction was “I didn’t know that”. I Clients are still coming to the house, churning up the drive, and I really don’t know what to do. Could you please advise.

With many thanks.

Thank you for your kind enquiry, Julie.

If the person who is permitting clients to use the private drive is the owner of the property, we would recommend you would need to seek legal advice to enforce a civil action against the owner. Alternatively, if the person is a tenant of the property, we would recommend contacting the management company of the landlord or the landlord directly, if you are aware of who they are.

Given the wording of the title deeds you have cited, it is likely that you would have strong grounds for a civil action in this matter. There is likely to be a reasonable chance that a strongly worded letter from a law firm would be enough for the person to stop using the private drive for their clients, for fear of having to pay damages.

I trust this information is of use to you.

Regards, The QCF Team

Hope you can help. My neighbour is holding personal excercise classes via Zoom in her front room. We hear every word. Music etc. I asked them to keep the noise down and they stated it was due to covid and it was just in lock down. This has now been lifted but she is still carrying on. Can I do anything please

Thank you for your kind enquiry, Debra. Your first port of call should be to contact your neighbour directly to inform her of the issue. However, should your neighbour not amend her behaviour, you should contact your local council. Follow this link to find out who to contact in your local area: https://www.gov.uk/report-noise-pollution-to-council .

The next port of call should your council be unable to help is environmental health. However, given the scenario you describe, they are unlikely to be able to assist you in this instance, as they will probably conclude the issue affcts too few people. This will also be dependent on when she carries out these exercise classes – if they are during the working day (8am to 6pm), this may be considered ‘reasonable’.

Regards, Nicholas

Could I ask some advice. My neighbour has started a personal trainer business. She has quite a few people outside exercising with loud music. There are also lots of cars on our road. This occurs around twice a week but am sure it will get more frequent/more people once covid restrictions end. This is causing a nuisance as I hate the noise that comes into my house and also the manoeuvring to avoid all the cars. Is what she is doing illegal? I am sure she has not got permission from the council as surely they would have asked our opinion on this

Thank you for your kind enquiry, Nina.

It may be that what your neighbour is doing is illegal; however, this will be based on the noise levels her exercise classes are producing. We do not believe she is doing anything illegal by holding a training session in a local park, and there is nothing we are aware of you can do about the parked cars – however, you may wish to raise the issue with the local council to see if any local bylaws are being violated.

We would suggest in the first instance that you contact the council in relation to both noise levels and parked cars, citing specific information such as times, numbers of cars, etc, and see what they do.

I hope this information is of use to you.

can i give to me the help

Thank you for your kind enquiry.

We would love to help you; however, can you please provide details or background with regards the matter.

Kind regards, Nicholas

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4 things you need when you run a business from your home

Simon Roberts, Senior Associate Solicitor, DAS Law, looks at some of the rules you’ll need to consider if you’re looking to run your business from home.

For many years, remote working has been transforming the way that businesses function. With the current crisis ensuring that more of us are working from home than ever before, companies are looking at how this could be of long-term benefit to them in terms of reducing office space, improving staff wellbeing and retention and even slashing the environmental impact of commuting.

In addition, many people have taken the exciting step of launching their own business from home.

1. Do I need permission to set up my business from home?

Running a business from your home will spare you the trouble of finding premises for your business, and could make it easier to balance your home life with your work. However, there are a number of extra rules that you will need to consider, depending on what sort of business you are running.

You will need to consider who you will need to obtain permission from to run a business from your home. For example, if you are renting the property, you will need to check that you are allowed to run a business from the property – this may be prohibited under the terms of your tenancy agreement. If it isn’t mentioned in your tenancy, you should still get permission from your landlord.

If you have a mortgage on your home, you may need permission from your mortgage provider.

If running a business from your home is unlikely to cause any disruption or be noticeable to your neighbours or anyone outside the property, it is unlikely that you will need planning permission. For example, if your business is largely run by you alone from the computer in your office, this is unlikely to affect anyone.

However, you may need planning permission if your business will require or cause any of the following:

• Significant structural changes to the home;
• Noticeable increase in people coming to the home (customers, for example);
• A sign outside to draw attention to the business;
• Storage of things related to the business on the outside of the property; or
• Any other activities that wouldn’t be expected in a residential area.

You should talk to your local council or planning office if you have any doubts over whether or not your business will need planning permission.

2. How does working from home affect my tax?

If part of your home is used exclusively for business purposes, you will need to pay business rates on that part of the property – for example, if part of your home is used as a shop, and nothing else.

You may also need to pay Capital Gains Tax on this section of the home if you ever sell the property – for example, if your business premises make up 20% of the property, you will need to pay tax on 20% of the amount you gained from selling the property. This is because homeowners are entitled to Private Residence Relief from Capital Gains Tax if they sell their home (provided it is their only or main residence).

However, bear in mind that these taxes only apply if an area of the home is used exclusively for business. For example, if you are running a business on your computer from your bedroom, or your office can also be used as a living area, you would not need to pay these taxes on your bedroom or office.

3. How does working from home affect my self-assessment tax return?

If you are a sole trader or part of a business partnership, you can use what are known as simplified expenses if you work for 25 hours or more from home. This means you can pay a flat rate for some of your business expenses, rather than working out exactly how much of your home bills were spent on business.

Doing this, you can claim back a portion of your household costs, such as council tax, heating and internet bills, based on how many hours you spent working at home each month.

4. What insurance do I need?

It is likely that your home or contents insurance will not cover aspects of your business if you are working from home, particularly if you are storing a large amount of stock or you have customers entering the premises.

If you have customers or other members of the public entering your home, you will need public liability insurance. You will also need employer’s liability insurance if you have employees working on the premises. You should also get business contents cover if you store any equipment or stock that you need for the business in your home.

Further information on this topic can be found on DAS Businesslaw . To find out if you have access to this resource, please consult your policy documentation or contact your insurance broker.

If you are an insurance broker then you can quote and buy our products via DAS Connect , our E-Trade portal, or via your Acturis account.

About DAS Businesslaw

DAS Businesslaw can help policyholders create a range of documents such as ready-to-sign contracts (with built in e-signature functionality), agreements, policies and letters.

Customers can also access guidance on a wide range of legal matters such as new legislation, employment issues, crowdfunding, tax and financial planning, and data protection. The service also includes numerous COVID-19-specific templates and guides for businesses.

How to register

• Visit dasbusinesslaw.co.uk ;
• Enter the voucher code found in your policy documentation into the ‘First time using DAS Businesslaw?’ box and click ‘Validate Voucher’;
• Fill out your name, email address and create a password, and then validate the confirmation email sent out.

Disclaimer: This information is for general guidance regarding rights and responsibilities and is not formal legal advice as no lawyer-client relationship has been created. Note that the information was accurate at the time of publication but laws may have since changed.

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The Covid-19 pandemic and social distancing bought into sharp focus the need for all organisations to consider their decision making processes.

Employers need to manage the risks to their employees of working at computers for long periods of time. DAS Law’s Bethan Mack explains.

• Does my home run business need planning permission?

Planning requirements for running a business from home - are there any?

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• Rural Business Advice
• Planning permission

This is a bit of a grey area and is, of course, subject to the fact and degree of each case. This is the advice provided on The Planning Portal:

You do not necessarily need planning permission to work from home. The key test is whether the overall character of the dwelling will change as a result of the business.

See also: Top five home-based business ideas

If the answer to any of the following questions is 'yes', then permission will probably be needed:

• Will your home no longer be used mainly as a private residence?
• Will your business result in a marked rise in traffic or people calling?
• Will your business involve any activities unusual in a residential area?
• Will your business disturb your neighbours at unreasonable hours or create other forms of nuisance such as noise or smells?

See also: Best business investments 2019

Whatever business you carry out from your home, whether it involves using part of it as a bed-sit or for 'bed and breakfast' accommodation, using a room as your personal office, providing a childminding service, for hairdressing, dressmaking or music teaching, or using buildings in the garden for repairing cars or storing goods connected with a business - the key test is: is it still mainly a home or has it become business premises?

In this situation, it’s recommended that you seek advice from a professional.

About the Author

Hannah Moule

Moule and Co

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Before starting a home-based business

There are some things you might need to check before you start your business from home including:

• if you need planning permission
• get permission from your landlord
• get permission from your mortgage provider
• check your title deeds
• if your insurance covers a business at home

Planning permission

Planning permission isn't normally needed if the part of your home you use for business doesn't change the overall character of your home as a residence.

The key test is: how much will running the business impact on your neighbours and the overall use of the surrounding space or environment? What matters is the extent to which there will be an increase in traffic, noise or activity.

You may need planning permission if:

• your home is no longer used mainly as a private residence
• your business results in an increase of traffic or people calling e.g. deliveries to your home affects parking for your neighbours
• your business involves any activities that are unusual in a residential area e.g. using hazardous materials or processing that causes unacceptable noise
• your business will disturb your neighbours at unreasonable hours or create other forms of nuisance

If you're not sure, discuss your proposals with your Planning Authority .

You can submit a planning application online at the e-planning portal .

Independent advice on planning and environmental matters is available from PAS (previously known as Planning Aid for Scotland) .

Landlord permission

Social landlord.

If you rent from a local council or housing association, you'll need to apply to your landlord for permission to run your business from home. You normally do this in writing.

Social landlords normally give permission when it's a reasonable request. If your landlord refuses and you feel it's unfair, you have the right to appeal the decision in the sheriff court.

Private landlord

If you're renting from a private landlord, you can run a business from your home if:

• you continue to live in the property
• your tenancy agreement doesn't stop you from setting up a business
• you notify your landlord and the landlord gives permission

Mortgage contract and title deeds

If you own your home and pay a mortgage, you should let your mortgage provider know that you plan to run a business from home.

Normally the terms and conditions of mortgage contracts require you to ask for consent.

Your mortgage provider will want to know about how running a business might impact your home. For example the size of your business may alter the risk-level on the property.

The property is your home, but it's also the lender's security for the home loan.

Title deeds

You should check your title deeds to see if there are any restrictions on running a business from your home.

Get legal advice if you're not sure whether conditions in title deeds could impact on your proposed business. The Lands Tribunal of Scotland can give you more information on whether you could change a condition in the title deeds.

If you work from your home you should tell your home insurance provider. Most home insurance policies don't cover your business activities or items for example stock, computers or customers visiting your premises.

Some policies cover home office equipment up to a certain level, but you may need extra cover for specialist or expensive items.

There's more information about different types of business insurance on the Association of Business Insurers website .

You can find insurance providers on the British Insurance Brokers' Association (BIBA) website .

Flat owners are required by law to have insurance for the reinstatement value (how much it would cost to rebuild using the same materials) of their home. If the property has been purchased recently, an estimate of the rebuilding costs should be included in the home buyers report.

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Do You Need Planning Permission For A Home Office?

Working from home is a cost-effective and flexible solution for most smes and start-ups to grow their business. but for many smes, working from a spare bedroom or kitchen table can only get you so far before needing to create a dedicated workspace in your home. .

Having a dedicated space is one of the best tips that you can follow when running a business from home . It allows you to create a space to focus, ‘clock in’ and dedicate time to your business – without letting your home life creep into the picture.

And similarly, it allows you to ‘clock out’ at the end of the day to enjoy that all-important work-life balance without needing to take out your laptop or answer emails. 

So let’s move onto the ins and outs of making a dedicated business space at home – and answer the all-important question: do you need planning permission for a home office or not? 

What you'll get from this page:

Do you need permission to run a business from home?

Anyone can run a business from home. But there are a few factors that mean that you will have to get permission, including what type of business you’re running, whether you will have clients inside the house and ultimately, what structural changes you want to implement. 

Generally speaking, if you’re planning on using the space you already have (like a kitchen or a bedroom) and aren’t having any clients or staff on your property, then you will be able to do this without permission.

If you’re renting a property, you might also need to get permission from your landlord depending on the contract that you have in place. 

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Do you need planning permission for a home office?

The typical answer is no. You do not need planning permission for a home office, unless you meet any of the below criteria: 

• You have visitors to your property, including clients, customers, or staff.
• You store items related to your business outside your property.
• You have a sign or advertisement for your business outside your property.
• You are planning too many structural changes to your home. 

If one, or more of the above points applies to your business – then you will need to apply for planning permission. 

Does a garden or shed office need planning permission? 

The rules on planning permission state that “incidental” buildings such as sheds and summerhouses can be built without planning permission, provided that they aren’t breaking any height or location restrictions. So, it might be natural to assume that building a shed for your office is a great loophole to take advantage of. 

The key word in planning permission rules is “incidental”. This basically means that if you were planning to use the new shed as an official place to carry out your business, but primarily use it for leisure or social, then you wouldn’t need planning permission.

However, if you were going to use this office 5 days a week as your primary working location, this is not classified as “incidental use”. Therefore, you must get planning permission before building an office in your garden. 

And trust us, when it comes to planning permission it’s always better to wait for approval than have your building taken down. 

Why is it important to get planning permission?

If you don’t get planning permission from your home office, the council can demand that you remove the property. That means all the hard work and investment you would have put into your extension, summer house, garden office or other will be lost as it’s taken down. 

Building once, with permission, is always better than having to build twice. 

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Does building a home office affect business rates? 

This depends on the type of premises that you build and what it’s used for. The general rule is that if you use the space exclusively for business purposes, you must pay business rates.

So for example, if you convert a garage into a hairdressing salon, or build a photography studio as an extension, you will be liable for business rates. 

This also applies if your premises are used to entertain or see clients, or if you have staff entering your premises to work. 

Business rates are calculated by the Valuation Office Agency (VOA), which uses the ‘rateable value’ of your property value (how much it would cost to rate per year) multiplied by a standard or small business multiplier. You can find out more about business rates in our complete guide here. 

Does home contents insurance cover my business?

Probably not! But you will have to check your policy cover to find out the exact answer here. 

Most building and contents insurance cover personal items, rather than business equipment. However, you could have a small element of cover for accidental loss of some equipment at home, such as a personal laptop you use to run your business. 

However, any dedicated business items or equipment that you have in your home won’t be covered by a standard policy. To get them covered, you must contact your provider to add business cover – or even take out a new policy to get that level of protection. 

Do you need insurance to run a business from home?

Your business isn’t covered by normal home and contents insurance. But is it a requirement to take out business insurance when you work at home? 

Unless you have specific contracts that require insurance (like public liability insurance or cyber and data insurance), then you don’t need to take out any insurance when working from home . But… that doesn’t mean it’s the best idea. 

Fundamentally, if you’re not insured, you’re taking a gamble that the worst-case scenario doesn’t happen. Our official recommendation is always to err on the side of caution and carefully consider if business insurance might be right for you before making a complete decision. 

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Does having a home office affect mortgage agreements? 

If you’re simply working from home, without seeing clients or building dedicated workspaces for your business – then your mortgage agreement will remain unaffected. 

The only time mortgage lenders will be interested in your home business is if 40% of your property is used for commercial purposes, i.e. if you’ve transformed your downstairs into a store or a nail clinic. In this case, your business use can change how your property is classified, changing it from a residential property to a commercial one. 

This will affect your mortgage rates and agreements – as your lenders will have to change the property type on your agreement and calculate new rates from here.

Can I register my business using a home address? 

Yes, you can use your home address as your business address when registering a limited company or LLP . However, you might want to avoid this option to protect your privacy, as this address will be publicly available on the Companies House online register for anyone to access and use. 

If you don’t like the sound of this, you must use an alternative address where all your official communication will be sent. One of the best solutions to this is to use a  company formation agent, who will provide an address for you to use and scan, forward and email all communication to you. 

Not sure where to find a company formation agent? Don’t worry – we’ve already tested and reviewed the best company formation agents in the UK for a quick and stress-free experience. 

Recommended Address Service : If you’re looking for an affordable address service for your business, we recommend 1st Formations. They offer Registered Office , Service, and Business Address services either as part of a company formation package or as a standalone service. Click here to visit their site

Time to plan your successful home business

Now we’ve covered the question of do you need planning permission for a home office, as well as some of the ins and outs of insurance when working from home – it’s time to focus on growing your business. 

That’s where we can help. For more tips on running your business from home, find out what advice our experts have in store with this in-depth guide to running your business from home. 

For all other business tips, news and advice, keep up to date with Business4Beginners .

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Do I need permission to run a business from home?

• April 15, 2020

Dog Grooming Business in Your Home? How to Get Approved for Planning Permission

Table of Contents

Introduction

Opening a dog grooming business from home can be a great way to start a small business while keeping overhead costs low. This guide will provide an overview of the key steps involved, including obtaining planning permission, dealing with regulations, acquiring business licenses, managing costs, and maintaining positive relationships with neighbors.

Topics covered will include an overview of the rules around operating this type of business from a residential property, the process for applying for planning permission, insurance considerations, estimates for start-up costs and ongoing expenses, strategies for profitability, and tips for minimizing complaints or concerns from neighbors.

By the end, you will have a clear understanding of what is required to start and run a successful dog grooming business from home in compliance with all relevant regulations and best practices.

Benefits of Dog Grooming from Home

One of the main benefits of operating a dog grooming business from home is the convenience and flexibility it offers. With a home-based business, you can set your own schedule and work hours around your lifestyle, unlike working at an established dog grooming salon with set operating hours (source) .

A home-based dog grooming business also has lower overheads compared to leasing commercial space. Costs like rent, utilities, and maintenance are reduced when operating out of your home. You can save on commuting costs as well. These lower overheads mean the business can be more profitable (source) .

Additionally, working from home allows you to start small and grow the business gradually. As your clientele expands, you can choose to hire employees or assistants when needed. With a physical salon space, you may be locked into a lease and required to take on the costs and responsibilities of a larger operation early on.

Rules and Regulations

One of the key considerations when starting a dog grooming business from home is whether you need planning permission from your local council. According to guidance from the Pet Professional Guild, planning permission is usually required if you plan to have a dedicated grooming room or make significant alterations to your home [1] . It’s best to contact your council early on to find out the specific requirements in your area.

You’ll also need to pay business rates on any dedicated commercial space used for grooming, though you may be eligible for small business rate relief if your premises has a low rateable value [2] . Public liability insurance is a must, in case a dog injures itself while on your premises.

In some areas, you may require a license to professionally groom dogs from home. For example, Texas requires all dog groomers to obtain a License to Groom from the Department of Licensing and Regulation [3] . Be sure to research the licensing requirements for your specific state and locality.

Planning Permission Requirements

Generally, planning permission is not required for dog grooming businesses operating from a residential property if there are no significant external changes to the property [1] . However, permission may be needed if certain conditions are met:

Planning permission is usually required if more than two dogs are groomed per day. The noise and increased traffic from additional dogs could impact neighbors, so planning approval provides oversight [2] . Proper waste disposal also becomes a larger concern with higher volumes.

Noise pollution is a common objection. Barking dogs, hair dryers, and clippers can disturb neighbors. Soundproofing, restricted hours, and limiting the number of dogs may help avoid planning rejection.

In summary, planning permission provides important regulation if a home-based dog grooming business grows beyond a small scale. Understanding the requirements around dogs groomed per day, noise, and waste disposal is key to gaining approval.

Applying for Planning Permission

The process of applying for planning permission to operate a dog grooming business from home typically involves submitting an application to your local planning authority. This includes completing the necessary application forms, paying fees, and providing supporting documentation.

The specific requirements vary by location, but in general you’ll need to fill out either a full or householder application form. On the form, you’ll provide details about the property, the proposed business use, operating hours, number of dogs to be groomed, and more. Supporting documents like site plans, elevations, and a design statement may also be required.

Standard planning fees start around £200-£300 for smaller proposals like home businesses, but can go up based on the specifics of your application. Expedited applications may cost more.

It usually takes 8-12 weeks to receive a decision after submitting a valid planning application. This time allows for public consultations, reviews, and issuing of the decision notice. Approvals are often conditioned on operating hours, noise levels, or other factors.

If planning permission is denied, applicants can appeal within 12 weeks to the Planning Inspectorate. Approvals can also be appealed by concerned citizens. It’s advisable to consult with a qualified planning agent or lawyer for guidance on the application process.

Dealing with Neighbor Complaints

One of the most common issues when running a dog grooming business from home is neighbor complaints about noise, smells, mess, and increased traffic. Here are some tips for mitigating complaints:

Noise – Try to schedule louder activities like nail trimming and high velocity dryers during daytime hours. Use thick curtains, sound panels, or noise dampening insulation to muffle noise. Avoid yelling or barking dogs. Inform neighbors when louder grooming sessions will occur.

Smells – Use cleaning products or air fresheners designed to eliminate pet odors. Change trash frequently. Ventilate the workspace. Groom only a few dogs per day to limit smells.

Mess – Pick up all pet hair, nails, and waste promptly. Sweep sidewalks and yards. Contain all grooming activities inside a designated workspace. Use mats and towels to limit spills/stains.

Traffic – Advise clients to park in designated areas away from driveways and mailboxes. Schedule appointments during non-peak hours when possible. Pace appointments to avoid concentrating traffic.

Be courteous if approached by neighbors and work collaboratively to find reasonable solutions. Complying with noise ordinances and maintaining cleanliness helps avoid formal complaints. If issues persist, consider relocating the business or limiting the number of dogs groomed per day.

Having the proper insurance is crucial for operating a dog grooming business from home. There are several types of insurance policies that should be considered:

Insurance Needs

Business insurance helps cover costs in the event of property damage, lawsuits from unhappy customers, or accidents involving pets under your care. This usually includes general liability insurance, professional liability insurance, and business property insurance (Pet Care Insurance) .

Liability insurance protects you if a dog bites another dog or person, or if a customer’s pet gets injured while under your care. This coverage starts around $1 million. Additional excess liability can provide extra protection beyond that (GroomArts) .

Pet groomer insurance packages are available that bundle together general liability, care custody and control for accidents involving pets, and coverage for equipment and supplies. Premiums often range from $30-$150 per month (The Hartford) .

Homeowners or renters insurance should also be extended to cover business activities if working from home. This provides protection in the event of property damage, theft of supplies, or accidents that occur on the premises.

Business License Requirements

When starting a dog grooming business from home, you’ll need to register your business and obtain the proper licenses. According to the Small Business Administration, you should register your business name, obtain a tax ID number or Employer Identification Number (EIN), and register for state and local taxes.

While dog groomers don’t need an occupational license in most states, you may need a general business license. For example, in California you need a business license if you earn more than $100 annually from your business (Source) . Check with your county and city agencies to determine if you need a local business license as well.

You’ll also need to comply with zoning regulations if operating out of your home. Make sure residential businesses are permitted and obtain any required home occupation permits. Adhere to rules regarding signs, parking, traffic, noise, and waste disposal.

Additionally, contact the IRS and your state revenue department to learn about tax obligations. You may need to charge sales tax and will need to pay income taxes on your earnings. Hiring an accountant can help you stay compliant with tax laws.

Maintaining proper business licenses and permits is crucial for legal and safe operations. Consult local agencies to ensure you meet all regulations before opening your home dog grooming business.

Costs and Profitability

Starting a dog grooming business from home requires an initial investment in equipment and supplies. According to QC Pet Studies, the average cost to start a home dog grooming business ranges from $10,000-$15,000 for basic equipment like clippers, tables, dryers, shampoos and more ( https://blog.qcpetstudies.com/blog/2022/05/how-much-does-it-cost-to-start-a-dog-grooming-business/ ).

Ongoing expenses include product replenishment, insurance, advertising, utilities and licenses. Renting a separate commercial space for grooming can add $500-$1500 per month in rent costs (Penn Foster).

Pricing services competitively is important. According to Penn Foster, standard dog grooming fees range from $40-$100 depending on the size of the dog ( https://www.pennfoster.edu/blog/how-to-start-a-mobile-grooming-business ). Factoring in your costs, it’s reasonable to charge $50 for small dogs, $70 for medium dogs, and $90 for large dogs.

The earning potential for dog groomers can be lucrative. With the right business acumen, dog groomers can earn $50,000-$200,000+ per year according to Huckleberry. Building up a loyal client base and providing quality service is key to profitability.

To summarize, starting a dog grooming business from home can be a profitable venture when properly researched and executed. The key steps are obtaining the necessary planning permission for your local authority, dealing with any neighbor complaints diplomatically, getting business insurance, acquiring a pet shop license where required, estimating costs realistically, and marketing your services effectively. While home dog grooming requires an initial investment and ongoing hard work, the ability to be your own boss and integrate work and family can make it very rewarding. With careful planning and dedication, a home-based dog grooming service can provide a comfortable living. The love of dogs and skills with animals are also essential ingredients for success.

The main takeaways are: check local regulations, mitigate neighbor issues proactively, secure insurance, acquire any required licensing, understand all costs, market strategically, deliver excellent service, and enjoy the flexibility of being a home-based entrepreneur. With passion for pets and business savvy, dog grooming from home can be an excellent career choice.

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The Goat Bar and Grill in Goatstown, south Dublin. Publican Charlie Chawke said he expects to lodge revised plans 'in the next two months'. Photograph: Laura Hutton

Massey Bros are to open their 10th funeral home in Dublin in a unit beside the Goat Bar and Grill in Goatstown owned by publican Charlie Chawke.

This follows Mr Chawke receiving the final grant of permission from Dún Laoghaire-Rathdown County Council after rival funeral directors Fanagans opted not to appeal the council decision to An Bord Pleanála.

Fanagans had objected to the funeral home proposal claiming that there is no local need for an additional funeral home.

Massey Bros managing director Susan Guinan said she was “thrilled” no appeal had been lodged with An Bord Pleanála.

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In an interview, Ms Guinan said: “We are delighted to be opening our 10th branch in Dublin.”

She said she hoped the funeral home would be open by the end of the summer.

Ms Guinan said: “When I heard the building was up for rent, I contacted Charlie and we talked it through. Charlie has been very supportive to us.”

It is now almost three years since An Bord Pleanála refused €186 million plans for an apartment scheme on the site of the Goat Bar and Grill.

Mr Chawke said he expects to lodge revised plans “in the next two months”.

The scheme “is a little bit more in line with Dún Laoghaire-Rathdown County Council plans for the area,” he said.

The final grant for the funeral home coincides with new accounts for Mr Chawke’s Old Orchard Inn pub in Rathfarnham showing a post-tax profit of €572,649 for the 12 months to the end of April 2023.

The profit was up 45 per cent on the profit of €394,896 in the prior year.

Mr Chawke said: “The performance is okay and is in line with what we expected.

He said: “It is difficult now with the increased VAT rate, energy costs and increased in the interest rates – all these things are piling up against us.”

“Where you make half a million it is eaten up before we get any of it. It is getting near to impossible to make a profit.”

The accounts for Old Orchard Inn firm, College Inns Ltd show accumulated profits of €3.4 million at the end of April 2023.

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Gordon Deegan is a contributor to The Irish Times

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Warren Buffett changed the succession plan by saying Greg Abel will run Berkshire’s investments, even though he’s never been a stock picker

This year’s  Berkshire Hathaway meeting  gave shareholders their best chance yet to hear from the man who will one day take over as CEO when Warren Buffett is gone, but Buffett said for the first time Saturday that  Greg Abel should also take responsibility for the company’s investments after he takes over, raising new questions about the succession plan.

Abel put his encyclopedic knowledge of the  utility business  that he led directly for years on display and delved into railroad operations and potential acquisitions that Berkshire pursued while  sharing the stage with Buffett all day . For his part, the 93-year-old billionaire showed investors he is still sharp.

Abel pointed out that it required a major culture shift to get workers at PacifiCorp and the other utilities, who have long focused all their energy on keeping the lights on, to think about shutting the power down at times when the risk that their power lines could  spark wildfires  is too great. He also said BNSF railroad is working on getting “our cost structure right” after delivering disappointing results.

Succession was clearly top of mind for many of the thousands of people who filled an Omaha arena to listen to the two men after  last fall’s death  of Vice Chairman Charlie Munger. Buffett, Abel and Ajit Jain, Berkshire’s other top executive who oversees the company’s insurers, reassured investors that Berkshire’s board spends plenty of time focused on “what would happen to the operation if I get hit by a truck,” as Jain put it. Finding the right replacement for any of the three of them will be important.

Previously, Buffett had said that when Abel becomes CEO, investment managers Ted Weschler and Todd Combs, who’s also taken on the responsibility of being Geico’s CEO, would handle Berkshire’s massive portfolio. But Buffett said Saturday that his thinking has evolved, and that “I would probably, knowing Greg, I would leave the capital allocation to Greg.”

And Buffett said because Abel understands businesses so well, he also understands stocks.

But Edward Jones analyst James Shanahan said a good business doesn’t always make a good stock unless you get the timing and position size right, and there is an art to that.

“I think stock picking is hard. I don’t think it’s something you can just start doing and be good at it,” Shanahan said.

Abel does have a history of making multibillion-dollar deals when he was the head of Berkshire’s utility unit for a decade, including the acquisitions of  NV Energy  and  AltaLink , but he’s never been a stock picker. Weschler and Combs might be able to help Abel get the timing right and find opportunities in the stock market, but Buffett didn’t say that Saturday.

Abel just reassured shareholders that “the capital allocation principles that we use today will be maintained.”

“Does that give you more or less confidence post-Buffett? I would say it’s got to give you less — not because it’s a worse circumstance — but because it hasn’t been very transparent and communicated that clearly. You’ve got to start asking, well, what else is going to change?” said Cole Smead with Smead Capital Management.

Abel definitely has the confidence of the CEOs at all of Berkshire’s many varied noninsurance businesses who report to him and ask his advice on any challenges they are facing.

“Greg sees so much more than I do on a daily basis. So his perspective is valued, and his wisdom is something that is such a luxury for all of us to be able to tap into,” said Dan Sheridan, who just became CEO of Brooks Running this year after his predecessor retired. He said Abel is always humble and curious about the business, even while asking challenging questions.

See’s Candies CEO Pat Egan added that Abel reflects all of Berkshire’s core values, with the company’s emphasis on integrity, taking care of customers and strengthening brands, while still giving Berkshire’s subsidiaries the freedom to operate independently.

“He really expects us to know our business, understand the parameters, and to run our business on a day to day basis,” said Tim Baucom, CEO of flooring giant Shaw Industries. “So I feel like I have all the freedom of the world, but with freedom comes responsibility.”

The shareholders who attended the meeting and spent hours shopping and talking with executives at the booths Berkshire subsidiaries set up when they weren’t listening to Buffett and Abel remain confident. Some of them even got the chance to take selfies with Abel, though Buffett no longer tours the exhibit hall in public.

“I think they’ll be fine,” said Michael Grizzard, who made the trip to Omaha from Richmond, Virginia, for the second time. “They’re in good hands, and I think they have a good culture.”

Smead said even Buffett, who is easily one of the greatest investors the world has ever seen, has been having a hard time lately finding good investments big enough to make a difference at Berkshire except for the $135 billion Apple stake that remains its largest investment even after  some trimming  this year.

So no matter how good an investor Abel is, he will have a hard time finding deals big enough to provide a meaningful boost to  Berkshire’s earnings  that approached $13 billion in a down first quarter. That challenge is a big part of why  Buffett has warned  investors not to expect any of the “eye-popping performance” of Berkshire’s past.

But for now, Buffett showed that Abel may not need to take over anytime soon because he looked good and he has long said he has no plans to retire, even if he acknowledged Saturday that he doesn’t have the same energy he used to. CFRA Research analyst Cathy Seifert came away impressed with his stamina.

“There wasn’t anything in that performance that I found worrisome or troubling,” Seifert said.

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