Extension of Permitted Development Rights:
Change of use from Agriculture to Residential
After much speculation the Government is going ahead with plans to extend Permitted Development Rights in
England which will make it possible for redundant farm buildings to be converted into new homes without the need
for planning permission.
It is expected that owners will be able to exercise these new rights from 6th April this year and will be allowed to
convert agricultural buildings into 450 square metres (4,800 square feet) of residential space with a maximum of
three new dwellings for each farm.
The Planning Minister Nick Boles MP stated “these reforms will make better use of redundant or under-used
agricultural buildings, increasing rural housing without the need to build on the countryside.” These changes will
certainly be an opportunity for some farmers and landowners to realise the potential of their property in a much
easier and more cost effective way but using these new rights will require careful consideration.
Do I Qualify?
The new Permitted Development Rights will be not available to everyone and they are dependent on the status and
location of the building being considered for conversion:
1. Has the building been used for agricultural purposes?
The building must have formed part of an “agricultural unit” (5 Hectares or more) on 20th March 2013. This
does not mean that the applicant has to be employed in agriculture; the condition is limited to the building.
2. Is the Building Redundant?
The new rights will only apply to buildings which are surplus to agricultural requirements.
3. Is the Building within an AONB or National Park?
The Government has decided that these new rights will not apply to buildings in Article 1(5) land such as
Areas of Outstanding Natural Beauty, National Parks and Sites of Special Scientific Interest. Conversion might
still be possible in these areas but it would be subject to a full and detailed planning application.
4. Is the building listed?
Listed buildings are exempt from the new Permitted Development Rights.
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What are the Conditions?
Exercising the new Permitted Development rights will carry conditions which will affect some more than others and
these need to be considered before they are used:
1. Conversion NOT Rebuild
The Government is clear that these new rights will be for conversion projects only and not for total rebuild.
Some structural changes will be permitted in order to make the conversion into residential use feasible such
as adding windows and door openings and adding an extra floor within the building. It is the local Council
that will decide whether or not a proposal is considered to be “conversion” or “rebuild” and therefore
whether or not the conversion is allowed under Permitted Development.
2. Limit on Size
A maximum of 450 square meters (4,800 square feet) of floor space is permitted with a limit of 3 new
residential dwellings on any agricultural unit. Considering that an average 2 bedroom terrace house has
approximately 1,000 square feet of floor space, it will still be possible to carry out a fairly substantial
conversion under these limits.
3. Agricultural Permitted Development Rights Forfeited
If the new Permitted Development Rights are used to convert agricultural buildings into residential use then
the farm will forfeit its agricultural Permitted Development rights to erect new agricultural buildings for a 10
year period. This is likely to be the most significant condition for many farmers and landowners in deciding
whether or not to use these new rights and it will depend on the circumstances of each business.
What is the Process?
If your building appears to qualify for the new Permitted Development Rights and you have considered the
conditions which apply then you are in a position to take the next steps:
1. Seek Advice
Using these new rights will not be advisable in every case and it will depend on the nature of your business
and long term objectives. BTF Partnership can help advise on the viability and valuation of the conversion
project being considered.
2. Liaise with your Tenant
The buildings wanted for conversion maybe subject to an agricultural tenancy. Negotiations may be required
to take the building back in hand before proceeding with the conversion plans.
3. Submit Prior Approval
Prior approval will still need to be sought from the local Council to confirm that your proposed conversion is
acceptable. The Council will assess whether there will be any significant impacts on the local area in terms of
road use, noise impacts, risk of contamination and flooding and the design and appearance of the conversion
proposals. The Council may be able to block the use of your Permitted Development rights on these grounds
and insist that a regular planning application is made for the conversion. In the absence of any case law it will
be down to the local Council to interpret these changes and decided the extent of what is permissible under
these new Permitted Development Rights.
For more information or advice please contact www.btfpartnership.co.uk or email [email protected]
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