Permitted development rights

Some development is permitted for the limited conversion of agricultural and forestry buildings to housing or flexible commercial use, without the need for planning permission. In these circumstances, you will need to submit and pay for a Determination of Prior Approval Notification (DPA) application.

Residential

You can change the use of agricultural or forestry buildings to a home, including:

• replacing windows, doors, roofs and exterior walls
• installing water, drainage and other services
• providing access and parking
• partial but not complete demolition

Flexible commercial uses

You can change the use of agricultural or forestry buildings to a flexible commercial use or change one flexible commercial use to another. This can include:

• replacing windows, doors, roofs and exterior walls
• installing water, drainage and other services
• providing access and parking
• partial but not complete demolition

Flexible commercial use is divided into 6 classes:

• 1 – retail
• 2 – financial, professional and other services
• 3 – food and drink not including hot food for takeaway
• 4 – business
• 6 – storage and distribution
• 10 – non-residential institutions

A flexible commercial use is a 'sui generis' use. So any change of use from a flexible commercial use to another flexible commercial use needs another prior notification. A change of use from a flexible commercial use to a use that is not a flexible commercial use is likely to need planning permission

What you cannot do

The following limitations apply:

• the building you are applying to convert must have been in agricultural or forestry use on 4 November 2019 or last used for that purpose
• the building must be suitable for conversion
• the floor space must not exceed 150sqm for residential conversions and 500sqm for flexible commercial uses – partial conversion is not allowed
• no more than 5 units are permitted in one agricultural holding or within 1 converted forestry building
• the development must not extend beyond the existing external dimensions of the building
• the building must not be sited on croft land (this does not apply in relation to flexible commercial uses) must not be listed or within the curtilage of a listed building, be a site of archaeological interest or a within a safety hazard area
• you should be aware that most householder permitted development rights (for example extensions and sheds) do not apply to houses created under class 18B and 22A

Permitted development rights may not apply if the land is a covered by a designation such as:

• National Scenic Area (NSA)
• Special Area of Conservation (SAC)
• Special Protection Area (SPA)

How we assess a prior approval or a prior notification application

The matters we consider when assessing a prior notification or prior approval are as follows:

• the design or external appearance of the building
• the provision of adequate natural light in all habitable rooms of the dwelling
• the impacts of the proposed development on transport
• access to the dwelling
• the impacts of noise on residents or occupiers of the building if used as a dwelling
• risks to occupiers of the proposed dwelling from contamination from the site
• the risk of flooding of the site

How we assess a prior approval or a prior notification application for flexible commercial use

For application under changes to flexible commercial use, we consider:

• the design or external appearance of the building
• the impacts of the proposed development on transport
• access to the building
• the impacts of noise on those using the building or as a result of the development
• risks to those using the building from contamination from the site
• the risk of flooding of the site

Please make sure that you provide sufficient information to cover all these matters.

Apply 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 works, 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:

• Application form
• the fee of £500
• 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 farm plan (where the application relates to the conversion of a farm building) – a  dated plan that includes SGRPID Farm Unit Plan with agricultural holding number and identifies any other units that have already been converted under these classes
• a site plan 1:500 or 1:200
• existing and proposed elevations
• existing 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 3 years of your application.