Key provisions of the Bill
The proposed changes would allow homeowners to increase the height of their roofs, add side and rear extensions, and convert bungalows by adding extra floors. For buildings in town centres, the height can be increased by up to four stories. The legislation also includes provisions for installing air source heat pumps, solar panels, and electric vehicle charging points, further supporting the transition towards more sustainable housing.
Implications for the property sector
While the Bill seeks to simplify the planning process, it does introduce restrictions to ensure that developments do not infringe on private rights such as access to light, right of way, and heritage protections. To maintain oversight, local authorities could impose specific design and environmental standards on permitted developments. This could include requirements for drainage measures to manage rainwater runoff, structural safety provisions, energy efficiency improvements, and the introduction of green roofing on newly created rooftop spaces.
The Bill would also allow local councils to impose charges on developments that increase the number of rooms beyond a set threshold.
Improving energy efficiency: drawing parallels with Northern Ireland
Permitted development rights were introduced in Northern Ireland in 2015 and extended in 2023, allowing homeowners to change their property without planning permission. This was seen as a barrier to making energy-efficient home improvements.
While this is a positive step, our members in the area reported that the main barrier to retrofitting homes, particularly for renewable energy sources continues to be installation costs.
In September 2022, Propertymark informed the House of Lords Built Environment Committee that low grants and a lack of awareness hindered the Boiler Upgrade Scheme (BUS). The Committee found the scheme was failing.
The grant was raised from £5,000 to £7,500 in September 2023, driving a record 2,557 applications in November, highlighting strong demand.
Concerns from the Lords Committee
The House of Lords Delegated Powers and Regulatory Reform Committee has raised concerns about how the proposed PDRs should interact with existing planning legislation. In particular, the Committee has recommended amendments to clarify whether the new rights would override current regulations, warning that ambiguity in the Bill could create legal uncertainties.
Another issue flagged by the Committee relates to the definition of well-served by public transport, which is currently left to secondary legislation. Given the potential impact on developments in flood-prone areas, the Committee has suggested that this should be defined within the Bill itself to ensure clear and enforceable guidelines.
Next steps
Propertymark will continue to monitor developments and engage with policymakers to ensure a balance between planning flexibility access to energy efficiency upgrades and responsible development.
