Permitted development

What is permitted development?

You can carry out certain types of work without applying for planning permission. These are called "permitted development rights." They generally apply where a development is small in scale or straightforward in nature.

These rights are set out in The Town and Country Planning (General Permitted Development) (Scotland) Order 1992, as amended. This means permission is effectively granted by the Scottish Government, not the Council.

Permitted development for houses

Existing houses have specific permitted development rights, within certain limits. These can include:

• Extending a house
• Altering windows and doors, or rendering a wall
• Installing a rooflight or dormer
• Erecting a shed, garage, or polycrub
• Creating a path or driveway
• Installing decking
• Erecting a fence or gate
• Installing solar or PV panels
• Installing an electric vehicle charger

Permitted development rights that apply to houses often do not apply to flats or other building types. Commercial and other non-domestic properties have different rights.

When permitted development rights are restricted

Permitted development rights are restricted in some cases, including where a building is:

• A listed building
• In a conservation area
• In a World Heritage Site
• In a National Scenic Area

Can we confirm if your project is permitted development?

We cannot informally confirm whether a proposed development counts as permitted development. This means we cannot provide a written answer to questions like "Do I need to apply for this shed?" or "Is this house extension permitted development?"

It is up to the developer or householder to check that their proposal meets the terms of the legislation.

Getting formal confirmation: Certificate of Lawfulness

If you want formal written confirmation that your proposed development is permitted development, you can apply for a Certificate of Lawfulness. This confirms whether your proposal needs planning permission or not.

This is different from a planning application. It is only an assessment of the facts of your proposal against the legislation.

A Certificate of Lawfulness is not a requirement. Most developers and householders instead rely on their own interpretation of the legislation, sometimes with advice from an architect or planning agent. However, if you want certainty in writing, applying for a certificate is the only formal route. We cannot provide this kind of confirmation through other correspondence.

If your proposed work goes beyond permitted development rights, including where those rights are restricted, you will need to apply for planning permission.

Further guidance

For householder permitted development rights, see the Scottish Government's guidance and flowcharts, linked below.