What needs planning permission?

Legislation allows for some small scale developments to take place without the need for planning permission. Such development is called 'permitted development'. The Scottish Government's General Permitted Development Order lists all developments allowed in this way. For detailed guidance on permitted development for flats and houses, please read the  Scottish Government's guidance on householder permitted development rights.

There are a small number of properties where 'permitted development rights' have been removed. This means that you might need planning permission even if your proposal is within permitted development limits. This information can be found on the original planning permission decision notice.  

You can check the planning history of the property (from 2007 onwards) on our PublicAccess. Please be aware that the map function on public access is not available when using tablets or mobile phones. For help on how to search on public access please see our 'How to use Public Access' guidance note. 

If your proposal is not covered by the information below you can contact the duty planning officer on 01738 475300 during normal office hours. 

When you do need planning permission

You will need to submit a planning application for developments such as:

• build a new building such as houses, shops or factories
• make a major change to your building e.g. building an extension
• engineering works
• change the use of your building or land

Please check our links below if you are planning to run a business from home or start short-term lets. 

See our Pre-application services webpage for information on how to get advice about your development.

Might changes to my house or flat be 'permitted development'?

If your development is not covered by any of the categories below, please refer to the Scottish Government's General Permitted Development Order. 

Works to flatted properties usually need planning permission.

Alterations to the outside of a building (not including enlargements or replacing or altering windows)

In the case of dwellinghouses, Planning Permission is required if:

• It would protrude more than 1 metre from the outer surface of an external wall, roof plane, roof ridge or chimney of the dwellinghouse. 
• It would be a wind turbine. 
• It would be a balcony. 
• It would be on the roof and result in a raised platform or terrace. 
• It would be within a conservation area. 
• It would be development described in Class 2A(1), 3B(1), 6C(1), 6F(1), 6H(1), 6HA(1), 6HB(1), 6HC(1), 7A(1), 67(1) or 72(1). 
• Development is permitted by this class subject to the condition that the materials used for any roof covering must be as similar in appearance to the existing roof covering as is reasonably practicable.

Single storey extension

In the case of dwellinghouses, Planning Permission is required if: 

• The dwellinghouse is a dwelling by virtue of a change of use permitted under Class 18B or 22A. 
• Any part of the development would be forward of a wall forming part of the principal elevation or side elevation where that elevation fronts a road. 
• Any part of the development would be within 1 metre of the boundary of the curtilage of the dwellinghouse and it would extend beyond the line of the wall forming part of the rear elevation that is nearest that boundary by more than: 
  • 3 metres in the case of a terrace house; or 
  • 4 metres in any other case 
• The height of the eaves would exceed 3 metres. 
• Any part of the development would exceed 4 metres in height. 
• As a result of the development the area of ground covered by the resulting dwellinghouse would be more than twice the area of ground covered by the original dwellinghouse. 
• As a result of the development the area of ground covered by development within the front or rear curtilage of the dwellinghouse (excluding the original dwellinghouse and any hard surface or deck) would exceed 50% of the area of the front or rear curtilage respectively (excluding the ground area of the original dwellinghouse and any hard surface or deck). 
• It would be within a conservation area. 

Porch  

In the case of dwellinghouses, Planning Permission is required if: 

• The dwellinghouse is a dwelling by virtue of a change of use permitted under Class 18B or 22A. 
• Its footprint would exceed 3 square metres. 
• Any part of it would be within 2 metres of a boundary between the curtilage of the dwellinghouse and a road. 
• Any part of the development would exceed 3 metres in height; or 
• It would be within a conservation area. 

Replacing or altering windows in a residential property  

In the case of dwellinghouses and flats, Planning Permission is required if:

• It is within a World Heritage Site 
• If the window is in a Conservation Area and the works to replace or alter have already been carried out (the changes are 'retrospective') and the window forms part of: 
  • the principal elevation, or 
  • a side elevation, where that elevation fronts a road and 
• the window as altered or replaced would not be the same, or substantially the same*, as the window to be altered or replaced in the following respects: 
  • the manner in which the window is opened and closed, 
  • the number, orientation and colour of the panes comprised in the window, 
  • the dimensions and colour of the frame of the window and any astragal bars comprised in the window. 

In the case of dwellinghouses and flats, Prior Notification is required if: 

• If the window is in a Conservation Area and works have not been started and the window forms part of: 
  • the principal elevation, or 
  • a side elevation, where that elevation fronts a road and 
• the window as altered or replaced would not be the same, or substantially the same*, as the window to be altered or replaced in the following respects: 
  • the manner in which the window is opened and closed, 
  • the number, orientation and colour of the panes comprised in the window, 
  • the dimensions and colour of the frame of the window and any astragal bars comprised in the window. 

*refer to separate guidance for clarification on 'same' and 'substantially the same' 

Install a fence, wall or gate  

In the case of curtilage of dwellinghouses, Planning Permission is usually required if: 

• The height of the fence, gate or wall exceeds two metres in height or 
• One metre in height where it: 
  • Fronts a road or
  • Extends beyond the line of the wall of the principal elevation or side elevation that is nearest a road. 
• It replaces or alters an existing, gate, fence, wall or other means of enclosure and exceeds whichever is the greater of the original height or the heights above. 
• It is located within the curtilage of a listed building or is in a conservation area.  

In all other cases, including flats, Planning Permission is usually required if the fence is: 

• More than two metres high. 
• More than one metre high and within 20 metres of a road. 
• It replaces or alters an existing, gate, fence, wall or other means of enclosure and exceeds whichever is the greater of the original height or the heights above. 
• It would involve development within the curtilage of, or in respect of a gate, fence, wall or other means of enclosure surrounding a listed building.   

Erection of a building within the garden ground (curtilage) of a dwellinghouse 

In the case of curtilage of dwellinghouses, Planning Permission is usually required if: 

• The dwellinghouse is a dwelling by virtue of a change of use permitted under Class 18B or 22A. 
• It consists of a dwelling (for example, for overnight accommodation such as a granny annexe or guest accommodation)
• Any part of the development would be forward of a wall forming part of the principal elevation or side elevation where that elevation fronts a road. 
• The height of the eaves would exceed 3 metres. 
• Any part of the development would exceed 4 metres in height. 
• Any part of the development within 1 metre of the boundary of the curtilage of the dwellinghouse would exceed 2.5 metres in height. 
• As a result of the development the area of ground covered by development within the front or rear curtilage of the dwellinghouse (excluding the original dwellinghouse and any hard surface or deck) would exceed 50% of the area of the front or rear curtilage respectively (excluding the ground area of the original dwellinghouse and any hard surface or deck). 
• In the case of land within the curtilage of a listed building, the resulting building would have a footprint exceeding 4 square metres; or 
• In the case of land in a conservation area, the resulting building would have a footprint exceeding 8 square metres. 

Installation of decking in the curtilage of a dwellinghouse  

In the case of dwellinghouses, Planning Permission is required if: 

• The deck is forward of the wall forming the principal or side elevation where that elevation fronts a road. 
• Any part of the floor exceeds 0.5 metres in height. 
• The combined height of the deck and any wall, fence balustrade or handrail exceeds 2.5 metres. 
• The dwellinghouse is in within a conservation area or the within the curtilage of a listed building and would have a footprint exceeding 4 metres. 

Planning permission will always be required for flats.  

Vehicular access  

Planning Permission is required if:

• The property is flatted.
• The access is onto a Classified Road - i.e. an A, B or C Class road (to check the road class check the Road maintenance map and the class will be under the Route No).
• The property Listed Building.
• In a Conservation Area. 

Please refer to the transport planning vehicular access guide.

In some cases, planning permission may not be required for the formation of the vehicular access, but may be required if you undertake any land engineering/excavation works to facilitate the installation of a driveway e.g. the removal of material, change in ground level or the installation of a retaining structure. 

Solar panels  

In the case of dwellinghouses, Planning Permission is required if: 

• It would protrude more than 1 metre from the outer surface of an external wall, roof plane, roof ridge or chimney of the dwelling. 
• It is situated in a conservation area and the solar PV or solar thermal equipment would be located on: 
  • The principal elevation, or 
  • A side elevation where that elevation fronts a road. 
• The dwelling is: 
  • A listed building or within the curtilage of a listed building. 
  • Within a world heritage site.

When you don't need planning permission or you want the planning status confirmed

If you apply for planning permission, or submit a prior notification, but don't actually need it because your development is 'permitted', we will change your application to one for a Certificate of Lawful Use or Development and refund any fee overpayment. This will give you formal confirmation that your development complies with legislation and does not need further permission. 

You should apply for a certificate of lawfulness if you want a definite decision that a proposed development is lawful and does not need planning permission or that if you go ahead with the development, you will not run the risk of future enforcement action by the Council. You can check the fee required on our Planning application fees pages.

If you are not sure if planning permission is required and you would like us to assess it for you, you should apply for a Certificate of Lawful Use or Development. The fee for this service can be found on our Planning application fees pages. Please note your Certificate could be refused, in which case you will need to apply for full planning permission and pay an additional fee. You can apply for a Certificate by submitting an application online. 

More information on permitted development rights is contained within the Scottish Government's General Permitted Development Order. 

What other consents might I need?

There is a full list of other types of consent on the Application Types (PDF, 45 KB) guidance notes.

If you know or believe your property is listed, the works you wish to carry out may require listed building consent. More information about listed buildings and listed building consent can be found in our Heritage Conservation section.

When applying to modify or discharge a planning obligation (Section 75 legal agreement), please use the Modifying a Planning Obligation Form (PDF, 283 KB) and Modifying a Planning Obligation Guide (PDF, 201 KB) to ensure you provide us with all the information required to process your request.

What if I start a development without planning permission?

If your project needs planning permission and you do the work without getting it or do not adhere to the conditions in the granted planning permission, you can be served an enforcement notice ordering you to undo all the changes you have made.