Permitted development rights to support the provision of new homes: consultation

1 Introduction

Overview

The Scottish Government is exploring whether permitted development rights (“PDR”) can play a greater role in helping to address the housing emergency.

In recent years, we have amended PDR through a phased approach reflecting Scottish Government objectives and priorities. This consultation paper primarily relates to potential PDR changes that might help to address the housing emergency. It also seeks views on measures to support the deployment of heat networks and domestic air source heat pumps (ASHPs).

The closing date for responses to this consultation is 27 October 2025. Chapter 6 explains how to respond to the consultation. Feedback from respondents will inform the formation and refinement of any proposals for new or amended PDR.

Because PDR are set out in legislation, introducing new or extended PDR involves the preparation of a Scottish Statutory Instrument (SSI), which must be laid in the Scottish Parliament before it can come into force. We anticipate that a SSI containing any changes stemming from this consultation would be laid in the Scottish Parliament in early 2026.

If you have any questions about this consultation you can get in touch at HousingEmergencyPDR@gov.scot.

What are permitted development rights?

PDR are a form of planning permission granted through legislation, meaning that specified types of development can be carried out without the need for a planning application to be submitted and approved. PDR are contained in the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 ("the GPDO"). They can provide greater certainty to prospective developers and save time and expense associated with applying for planning permission.

PDR are organised into a series of “classes”, set out in Schedule 1 to the GPDO. Each class specifies the type (or types) of development for which planning permission is granted. Throughout this consultation document, references to a “class” or “classes” should be read as referring to those classes unless otherwise stated.

Most classes of PDR are subject to conditions and limitations. These may, for example: specify the maximum size or scale of what is permitted, restrict or dis-apply the rights in certain locations (e.g. conservation areas and National Scenic Areas), or provide that the PDR only apply to certain developers (e.g. local authorities or statutory undertakers).

In most cases, PDR allow development to be carried out without reference to the planning authority, as long as the relevant PDR conditions are complied with. However, a small number of PDR are subject to a mechanism known as “prior notification/prior approval”. Under this mechanism, a developer must notify the planning authority, provide some details of the proposed development and pay the relevant fee. The authority then has an opportunity to indicate whether specific aspects of the development are acceptable. The planning authority’s determination is limited to the particular matters specified in the relevant PDR class – for example, siting, design or appearance. In this sense, the process is lighter touch than a ‘standard’ planning application because a narrower range of considerations can be taken into account.

PDR do not generally cover the development of new homes. The two current exceptions to this are:

• PDR for the conversion of agricultural and forestry buildings to up to 5 residential units which may not exceed 150 sqm (subject to prior notification/prior approval and various other restrictions).
• PDR allowing local authorities to build dwellings which conform to a local development plan.

If a development is not within the scope of PDR (i.e. is not ‘permitted development’), it does not necessarily mean the development would be unacceptable in planning terms. Instead, planning permission for such development would need to be sought and obtained through a planning application before it could be carried out.

It is also important to note that PDR do not override, or in any way affect, the requirements of other legislation and regimes such as building standards. Separate consent (such as a building warrant and listed building consent, for example) may need to be obtained even if an application for planning permission is not required. In addition:

• PDR do not apply where an environmental impact assessment (“EIA”) would be required under The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017.
• An appropriate assessment and additional approval from the planning authority would usually be required for development likely to have significant effects on a European site such as a Special Area of Conservation or a Special Protection Area.

Article 4 of the GPDO contains provisions which allow planning authorities and the Scottish Ministers to make directions (commonly known as “Article 4 directions”) removing PDR for particular types of development or classes of development in specified locations. For example, Article 4 directions are sometimes used to remove certain PDR in conservation areas. Article 4 directions prepared by planning authorities are subject to approval by the Scottish Ministers.

Developer contributions cannot generally be sought where development is permitted under PDR. The creation of new homes may result in increased pressure on local services. If such services need to be upgraded as a result, the cost of doing so would be borne by the taxpayer.

Background

National Planning Framework 4 (NPF4) signals the key priorities for ‘where’ and ‘what’ development should take place at a national level and is combined with national planning policy on ‘how’ planning should manage change. NPF4 supports a plan-led approach to housing development, prioritising sites allocated for housing development in local development plans. Alongside the relevant local development plan, it forms part of the statutory development plan against which planning applications are assessed.

Our Programme for Government 2025-26 sets out that we will boost planning capacity and reduce barriers to delivery. Although this does not specifically refer to PDR, we are considering various options and PDR may have the potential to assist with this.

We published the Planning and the Housing Emergency – Delivery Plan in November 2024. This set out a series of actions to be taken to address the housing emergency. It included a commitment to consider and engage widely on the potential scope for further PDR which could support housing delivery in specific circumstances. We undertook early engagement with a range of stakeholders from November 2024 to March 2025. The feedback we received has helped to inform the development of the options included in this consultation.

We consider that there are two main areas in which PDR could potentially help to support additional housing delivery: homes in rural areas, and support for town centre living.

This consultation also identifies options for introducing new, or amending existing, PDR to avoid the need for planning applications for certain minor and uncontentious development. This would enable planning authorities to focus on assessing and making decisions on planning applications, including those for new homes, more swiftly.

NPF4 is intended to support the planning and delivery of:

• sustainable places, where we reduce emissions, restore and better connect biodiversity;
• liveable places, where we can all live better, healthier lives; and
• productive places, where we have a greener, fairer and more inclusive wellbeing economy.

It is important that development permitted under any new or amended PDR supports the creation of sustainable, liveable and productive places, consistent with the aims of NPF4.