The permitted development rights that apply to houses don’t automatically apply to flats. Owners of flats and apartments face more restrictions — and also need freeholder and lease consent on top of planning rules. Here’s what you need to know.
The main permitted development rights in Part 1 of Schedule 2 to the GPDO 2015 — which cover extensions, loft conversions, outbuildings, and most alterations — apply only to “dwellinghouses.” A flat is not a dwellinghouse for planning purposes. This means most external alterations to flats require planning permission. Some rights (such as installing satellite dishes or EV chargers) do apply to flats, but the core home improvement rights do not.
The Town and Country Planning (General Permitted Development) (England) Order 2015 grants permitted development rights to “dwellinghouses.” In planning law, a flat (also called an apartment or maisonette) is not a dwellinghouse — it is a “dwelling” but not a “house.” This is not an arbitrary distinction: flats are parts of larger buildings, and permitted development rights that allow extensions and roof alterations make no practical sense when the structure above is occupied by someone else.
The key test is whether a property is a self-contained unit within a larger building with shared structure above, below, or to the side. A ground floor flat, a top floor flat, and a maisonette (unless it’s a fully detached property) are all flats for planning purposes, even if the lease refers to the property as a “house” or “cottage.”
While Part 1 rights (extensions, loft conversions, outbuildings, etc.) don’t apply, some other permitted development rights do cover flats:
| Type of development | Applies to flats? |
|---|---|
| Satellite dish installation (Class H) | Yes — with conditions on size, number, and position |
| EV charging point (Class C, Part 2) | Yes — for flats with off-street parking, subject to conditions |
| Internal alterations | Internal works to a flat don’t constitute “development” and don’t need planning permission |
| Change of windows or doors | Generally no planning permission needed (not development) unless in a conservation area |
| Solar panels (Class A, Part 14) | Class A applies to “dwellinghouses and buildings” — coverage for flats within a building is more limited; check with your LPA |
The following permitted development rights, which apply to houses, do not apply to flats:
A separate category of permitted development that is relevant to flat owners (and building owners generally) is the commercial-to-residential change of use permitted development rights. Class MA of Part 3, Schedule 2 to the GPDO allows the conversion of commercial premises (Use Class E — which includes offices, retail, and light industrial) to residential use, subject to prior approval. This is the mechanism behind the office-to-residential conversions that have been widely used since 2013.
If you own or are considering purchasing a ground floor commercial unit in a building with flats above, this permitted development right (subject to conditions and prior approval from the council) may allow conversion to residential use without full planning permission. However, this is a complex area and professional advice is strongly recommended.
Even where planning permission is not required for works to a flat, you will almost always also need consent from your freeholder (landlord) and potentially from other leaseholders in the building. Most long leases contain covenants that require the leaseholder to obtain the landlord’s written consent before making alterations to the property — and this typically covers external works, structural works, and changes to services.
Carrying out works without the required lease consent is a breach of covenant and can result in legal action by the freeholder, financial penalties, and complications when selling. In serious cases, it can put the lease at risk (forfeiture — though this is rare for relatively minor breaches).
In practice, the sequence of approvals you need for any significant works to a flat is:
Extensions, loft conversions, outbuildings, and more — our complete guide to what you can do without planning permission.
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