Why Flats & Maisonettes Don't Have Permitted Development Rights
If you own a house, you may be familiar with the Permitted Development rights that allow for extensions or loft conversions without a full planning application. However, if you live in a flat or a maisonette, the rules change significantly.
Defining the Dwelling: Flat vs. Maisonette
While they may seem similar, the legal distinction often comes down to the entrance:
Flats
Typically a self-contained dwelling on a single floor within a larger building, usually sharing a communal entrance and internal hallways with other residents.
Maisonettes
Often spread over two floors (like a house), but crucially, they usually have their own private, external entrance directly to the street.
The Planning Reality: No "Part 1" Rights
The Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO) is the legislation that grants homeowners flexibility. Specifically, Part 1, Schedule 2 allows for the "enlargement, improvement, or other alteration" of a dwellinghouse.
The Catch: For the purposes of planning law, flats and maisonettes are not considered "dwellinghouses."
Parliament restricts these rights for flats and maisonettes to give Local Authorities "extra control." Because these properties often share roofs, walls, and floor plates, a change made by one resident (like a balcony or a new window) could significantly impact the character of the building or the privacy of immediate neighbours.
By requiring a full planning application, the council ensures the collective harmony of the building is maintained.
The Three Layers of Consent
When you own a flat or maisonette, "planning" is only one of three permissions you may need:
1. Full Planning Permission
Since you do not have PD rights, almost any external change—from changing window frames to adding a small extension—requires a full planning application. The council will assess the design, the impact on the street scene, and the impact on your neighbours.
2. Leasehold & Freeholder Consent
Most flats and maisonettes are leasehold. Even if the council grants planning permission, your Lease Agreement likely forbids structural changes without a "License for Alterations" from the freeholder.
Warning: Proceeding without freeholder consent is a breach of your lease and can lead to legal action or issues when you try to sell the property.
3. The Party Wall Act
Living in a shared building means you almost certainly share walls, floors, or ceilings with others. If your work involves cutting into a shared wall (e.g., to insert a steel beam) or digging near a neighbour's foundations, you must serve a Party Wall Notice. This protects both parties from damage and disputes.
How to Move Forward: The Pre-Assessment
Because the stakes (and costs) are higher when PD rights are removed, we highly recommend a Planning Pre-Assessment.
Before investing thousands in architectural drawings and council fees, a pre-assessment allows you to:
- •Identify local council policies that might block your proposal
- •Gauge the likelihood of success based on similar local precedents
- •Refine your design to meet council standards before submission
Summary Checklist for Owners
- ✓Check the Title: Confirm if you are a Leaseholder or Freeholder
- ✓Review the Lease: Check for "Alteration Covenants"
- ✓Consult an Expert: Ensure you are applying for "Full Planning" and not a "Certificate of Lawfulness"
- ✓Talk to Neighbours: Early engagement can prevent objections during the planning process
Conclusion
While the lack of Permitted Development rights makes extending a flat or maisonette more complex, it is by no means impossible. With the right planning strategy and professional guidance, you can still unlock the potential of your urban home.