Planning Rules
New Build Permitted Development: What the Rules Say (2025)
New build houses often have their permitted development rights restricted or removed by planning conditions — meaning works you’d normally do freely require planning permission. Here’s how to check what applies to your new home.
⏱ 6 min read📅 Updated June 2025🏠 England only
Quick Answer
Planning conditions on new builds often remove PD rights — always check
Many new-build housing developments have planning conditions attached to the original planning permission that remove some or all permitted development rights. These conditions — sometimes called “Article 4 equivalent” conditions, or simply “no permitted development” conditions — mean that works you could normally do freely (extensions, outbuildings, loft conversions) require a planning application. Before carrying out any works on a new-build home, check the original planning permission on your council’s planning portal for any conditions that restrict or remove PD rights.
Why Do New Builds Lose PD Rights?
When a developer applies for planning permission for a new housing development, the council often grants permission subject to conditions. One common type of condition removes permitted development rights from the houses — this might say something like:
“Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order), no development falling within Classes A, B, C, D, E or F of Part 1 of Schedule 2 to that Order shall be carried out without the prior written consent of the local planning authority.”
Councils impose these conditions to:
- Control the cumulative impact of extensions and alterations on a designed estate
- Maintain the designed character of the development
- Ensure adequate car parking and garden space is preserved
- Protect the setting of houses on corner plots or with open-plan frontages
⚠️ These conditions run with the land Planning conditions bind all future owners of the property — they don’t just apply to the original buyer. If a planning condition removes PD rights, it still applies even if you bought the house second-hand and weren’t aware of it.
How to Check if Your PD Rights Are Restricted
To find out if your new-build home has restricted PD rights:
- Find the planning reference number: This should be in your solicitor’s conveyancing documents, the title register, or the Land Registry. It’s the planning application reference for the whole development
- Search the council’s planning portal: Enter the planning reference number. The planning decision (called the Decision Notice) will list all the conditions attached to the permission
- Read the conditions: Look for any conditions that reference the GPDO or mention ‘permitted development’ — these are the conditions that restrict your rights
- If in doubt, ask the council: Contact the council’s planning department with your address and ask whether there are any planning conditions restricting permitted development rights
What Is Typically Restricted
The most commonly removed PD rights on new builds are:
- Extensions (Part 1 Class A): Rear and side extensions — very commonly restricted to preserve garden sizes and parking
- Loft conversions (Part 1 Class B): Often removed to prevent roof alterations changing the roofline of the development
- Outbuildings (Part 1 Class E): Garden buildings and garages — commonly restricted to preserve garden character
- Porches (Part 1 Class D): Sometimes removed to maintain the uniform frontage of the estate
- Fences and walls (Part 2 Class A): Often restricted, especially on open-plan estates where front boundaries are part of the design
✅ Conditions usually allow you to apply When a condition removes PD rights, you can still apply for planning permission for the works. The condition doesn’t prevent the works — it requires a planning application. Applications for extensions on new builds are assessed like any other, and many are approved, especially where the proposed works are in keeping with the estate character.
Can Planning Conditions Be Removed?
Planning conditions that remove PD rights can be discharged by applying to the council to modify or remove the condition — this is a Section 73 application (application to vary or remove a condition). These applications are assessed on their current planning merits. The council has to be satisfied that the original reason for the condition no longer applies or is outweighed by the benefit of removing it. Section 73 applications to remove blanket ‘no permitted development’ conditions are sometimes successful, particularly for older developments where the reason for the condition is less relevant.
Frequently Asked Questions
Does a new build have permitted development rights?
Not necessarily. Many new-build houses have planning conditions that remove some or all permitted development rights. You need to check the planning permission for your development to see if any conditions restrict PD rights. Search for the planning reference number (in your conveyancing documents) on your council’s planning portal and read the Decision Notice conditions. If no conditions remove PD rights, a new build has the same PD rights as any other house.
Can I extend my new build house?
If no planning condition removes PD rights, you can extend under the normal permitted development rules (up to 4m depth for a detached house, 3m for semi-detached or terraced, within permitted size limits). If a planning condition removes Part 1 Class A PD rights, you need a planning application to extend — but applications are often approved if the extension is in keeping with the estate. Check the planning conditions before assuming you can extend under PD.
Why does my new build have no permitted development rights?
Developers and councils often agree to remove PD rights as a condition of the planning permission for the development. The reasons vary: maintaining the designed character of the estate, preserving car parking and garden space, preventing piecemeal alterations that would harm the uniformity of the development, or protecting open-plan frontages. The condition runs with the land and applies to all future owners.
What is an Article 4 Direction on a new build?
A planning condition removing PD rights achieves a similar effect to an Article 4 Direction but operates differently in law — it’s a condition on a specific planning permission rather than an area-wide direction. Article 4 Directions are made by the council and apply to areas or property types; PD-removal conditions are attached to specific planning permissions and apply to specific properties. Both require you to apply for planning permission for works that would otherwise be PD.
More on Permitted Development Rights
Extensions, loft conversions, outbuildings, solar panels — our complete guide covers everything you can build without planning permission.
Read the Complete PD Guide →
