Permitted development rights

What is covered by permitted development rights, agriculture and forestry, minor works, changes of building and land classes.

Permitted development rights for agriculture and forestry buildings

Some development work for agriculture and forestry can be done without planning permission. 

Agriculture and forestry is defined as:

  • horticulture, fruit growing, market gardens, nurseries and seed growing
  • breeding and keeping livestock and dairy farming
  • grazing land, meadow land, osier land, and some woodlands

Examples where you will need planning permission for agricultural buildings

You will need planning permission for an agricultural building if:

  • the agricultural land is less than 0.4 hectares
  • the work or building is not for an agricultural purposes
  • you're building or extending something to be more than 1000 square meters (456sqm in designated areas), including any other development done in the last 2 years that is within 90 metres
  • you're building something more than12 metres high, or more than 3 metres high within 3km of an aerodrome
  • the development will be within 25 metres of a trunk/classified road
  • it involves a building housing animals or for storing slurry or sewage sludge and is within 400 metres of someone's house which isn't part of a farm

Any building can only be extended once under this class.

Examples where you will not need planning permission for a forestry building

You will not need planning permission for a forestry building if:

  • the building is used for forestry purposes
  • the building is not being used as a house
  • the building is not within 25 metres of a classified or trunk road
  • the height of any part of a building is within 3 kilometres of an aerodrome and does not exceed 3 metres

Any building can only be extended once under this class.

Applying for a Determination of Prior Approval (DPA) Notification

Developers can submit a DPA to determine if prior approval is required. We have 28 days to respond to prior notification. If we do not respond within that period the development can go ahead.  

Submit a DPA application on the eDevelopment Scotland website

We are likely to respond in every case. You will receive 1 of 2 responses:

  • prior approval is not required and development can proceed
  • prior approval is required, in which case there is further procedure to go through

If you have already started work, then planning permission will be required. There is no right for third parties to submit representations (comments) to this type of notification.

What to include in your application

Your application must include:

  • a written description of the proposed development
  • the fee of £100
  • a location plan (1:2500 or 1:5000) – this must show the building in the context of the wider area. The application site must be outlined in red and any adjoining land in the same ownership should be outlined in blue
  • a site plan 1:500 or 1:200
  • proposed elevations
  • proposed floor plans

When you can begin work

You can begin work when:

  • you have confirmation that prior approval is not required
  • you've heard nothing to the contrary after 28 days of your application being accepted
  • once prior approval has been given if it was needed

You must carry out your work in accordance with the plans you submitted within 5 years of your application.