As part of its quest to increase the number of homes in England, the government has made ‘airpsace’ dwellings a reality.

When space is tight, particularly in towns and cities, often the only way is up. Until now, the height of ambition has usually been a loft conversion.

However, from August 31, it will be easier to create an entire brand-new home on top of an existing building without the need to seek planning permission.

Permitted development rights have been extended to allow homeowners and freeholders of commercial or mixed-use buildings, terraced, semi-detached and detached houses, to add up to two storeys on the roof. 

The right to build additional storeys above existing purpose-built blocks of flats already exists; it was brought in under Permitted Development earlier in August.

The arrival of these new Permitted Development rights is certainly expected to throw a spotlight on potential development opportunities for homeowners and freeholders, who will be able to expect a reasonable level of consideration by planners. There will be a right of appeal against refusal and as Chris Couper of Couper Planning Services (www.couperplanning.co.uk) notes “Whilst these PD rights are subject to various restrictions and conditions, they present an exciting new opportunity to extend your property vertically to add some extra space or even create a new dwelling”

Here’s what you need to know:

• These new PD rights will apply to a limited number of buildings. Age is the major factor. Those constructed before July 1, 1948 or after March 5, 2018 are not included.

• Buildings in conservation areas, National Parks and Areas of Outstanding Natural Beauty (AONBs) are also not included.

• Some buildings and homes may have had their Permitted Development rights withdrawn. Often, for example, houses in a leasehold development may not be altered structurally. It’s important to check this before embarking on any building project where planning permission is not being sought.

 What can you add - or not?:

• If the existing house consists of two or more storeys, you can add up to two further storeys.

• If the existing house consists of only one storey, a bungalow in other words, you can add up to one further storey.

• When the development is finished, the height of the highest part of the roof should not exceed 18 metres.

• An airspace-extended terraced or semi-detached house should be no more than 3.5 metres higher than next-tallest building nearby. The local planning authority will determine this.

 Will there be any design and technical restrictions?

•  Modular homes, being lightweight and quick to build, are expected to play a major part in airspace architecture.

• Architects and property owners won’t have complete free rein. Any airspace Permitted Development plans will be subject to prior approval by the local planning authority.

• The planning authority will be able to consider the external appearance of the extended building. It will expect the materials and design of the new extension to be in sympathy with or complement the existing building and its surroundings.

•  In particular, the design and architectural features of the principal - or front-facing - elevation and any side elevation that fronts the road will need to meet the planning authority’s demands.

• Technical considerations, such as the structure of the building and fire safety, must be taken into account.

• The right to natural light and enough living space will be mandatory. There’s a lot of controversy about ‘rabbit hutch’ offices-to-homes conversions. The government is keen not to repeat this.

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