Outbuildings whilst building a house

[Leigh0403]

On 14/10/2025 at 07:45, Dave Jones said:

 

when was the outbuilding constructed ?

Outbuilding has just been constructed house only has footings done. They have written to me this morning saying it is breaching planning and I need to apply for full planning even though I have said it is used for welfare facilites. It is a modular build so not brick built

[kandgmitchell]

Write back, drawing their attention to the legislation {Town and Country Planning (General Permitted Development) (England) Order 2015} and ask politely why they do not think you do not have Part 4 Class A PD rights for the duration of the house build. It does not matter what it is built of, it is a "temporary" building being used in conjunction with authorised works that are being carried out on site. Tell them that it is the intention to remove said building at completion of the works. Then look again at the situation when you are complete. If it meets the domestic PD rights then apply for a certificate of lawfullness at that stage if you want certainty. First things first, get them off your back....

 

We had containers, a static caravan and a shed during the build and not a peep from the LA. The shed was repositioned so as to be definately PD (and has been added to with a second), the static and contaners removed and everyone is happy.

[JohnMo]

2 hours ago, kandgmitchell said:

PD rights for the duration of the house build

Isn't that because while developing a site under planing permission, there are no PD rights, you are legally bound to develop site to the agreed plans, without deviation.

 

23 hours ago, Leigh0403 said:

 breaching planning and I need to apply for full planning even though I have said it is used for welfare facilties 

That would be my understanding also

[kandgmitchell]

1 hour ago, JohnMo said:

Isn't that because while developing a site under planing permission, there are no PD rights, you are legally bound to develop site to the agreed plans, without deviation.

 

No, as I mentioned above we are not talking about Part 1 Class E rights here, land has other permitted development rights that has nothing whatsoever to do with dwellings. As a landowner I can use my land as a caravan site subject to criteria because I would have Part 5 PD rights, as a farmer I have different PD rights contained within Part 6, I could extend my warehouse using Part 7 Class H PD rights. Don't get hung up on one part of the Schedule of Permitted Development Rights.

 

You are right that there are no Part 1 rights because there is no dwelling but Part 4 rights apply to temporary uses of any land and the provision of a building in connection with authorised works is allowed because builders need buildings whilst they are building other things, be that bridges, roads, offices or dwellings and the OP needs their building whilst they build their house, it is therefore covered by that provision and has nothing whatsoever to do with "normal" Part 1 domestic permitted development rights. Here it is again...

 

PART 4Temporary buildings and uses

Class A – temporary buildings and structures

Permitted development

A.  The provision on land of buildings, moveable structures, works, plant or machinery required temporarily in connection with and for the duration of operations being or to be carried out on, in, under or over that land or on land adjoining that land.

Development not permitted

A.1  Development is not permitted by Class A if—

(a)the operations referred to are mining operations, or

(b)planning permission is required for those operations but is not granted or deemed to be granted.

Conditions

A.2  Development is permitted by Class A subject to the conditions that, when the operations have been carried out—

(a)any building, structure, works, plant or machinery permitted by Class A is removed, and

(b)any adjoining land on which development permitted by Class A has been carried out is, as soon as reasonably practicable, reinstated to its condition before that development was carried out.

 

 

[JohnMo]

49 minutes ago, kandgmitchell said:

temporary buildings and structures

A concrete base and a building on top, sounds less than temporary. My house is on a concrete base it ain't temporary. The planning permission will state clearly if PD rights are removed or they stay in place. The OP just needs to read the planning permission documents.

 

 

[Jonny]

On 14/10/2025 at 07:44, Dave Jones said:

 

this has found to be unlawful when appealed. If you have this condition, ask for it to be removed. if they refuse appeal it (its free) and claim full costs.

Hi Dave, have you got any more info on this / links to where I can look into this further as this would be very helpful for me.  Cheers

[kandgmitchell]

On 16/10/2025 at 15:44, JohnMo said:

A concrete base and a building on top, sounds less than temporary.

Temporary refers to a limited amount of time not to the construction of a building. Merely using a concrete base to impart stability and a degree of weather resistance and convenience doesn't make anything permanent. It is up to the OP to decide how much they want to invest in their building which is on site for a limited time, more effort might be required to ensure security for instance. It will still be lawful. It will only cease to be lawful when the works it is being used in conjunction with cease and it is not removed. At that point the LA may well have an issue but that is not the case as it stands is it?

 

Reading the planning permission documents will tell the OP nothing about what rights they have under the legislation, merely what they have permission to do. If there is a condition imposing a restriction on permitted development rights (and that in itself has to be justifiable) it will refer almost certainly to Part 1 rights and define the Classes within that Part that may not be relied on. Part 4 rights stand entirely separate and once again, a building may be provided for the period of time it is required in connection with other works being carried out which have been granted planning approval 

[Onoff]

On 13/10/2025 at 18:14, Big Jimbo said:

shed

 

🤣

[Big Jimbo]

Exactly @Onoff. It just happens to be a "Posh" One.

[BigBub]

6 hours ago, kandgmitchell said:

Temporary refers to a limited amount of time not to the construction of a building. Merely using a concrete base to impart stability and a degree of weather resistance and convenience doesn't make anything permanent. It is up to the OP to decide how much they want to invest in their building which is on site for a limited time, more effort might be required to ensure security for instance. It will still be lawful. It will only cease to be lawful when the works it is being used in conjunction with cease and it is not removed. At that point the LA may well have an issue but that is not the case as it stands is it?

 

Reading the planning permission documents will tell the OP nothing about what rights they have under the legislation, merely what they have permission to do. If there is a condition imposing a restriction on permitted development rights (and that in itself has to be justifiable) it will refer almost certainly to Part 1 rights and define the Classes within that Part that may not be relied on. Part 4 rights stand entirely separate and once again, a building may be provided for the period of time it is required in connection with other works being carried out which have been granted planning approval 

 

There is a bit more nuance to temporary buildings under Part 4 Class A than just being erected for a limited amount of time. Case law has held that the size, the means of construction and the length of time taken to construct a building are considered to be relevant factors and that a substantial building of permanent construction could not be considered to be required temporarily. Additionally, you may be required to establish that the building is reasonably required, not merely considered desirable and/or convenient. 

 

@Leigh0403 hasn't really said how large this building is and how it compares in size to the overall site and house to be built.