No, planning permission is not required for airspace development following the passing of a law in August 2020 by the UK government. Airspace development currently falls under permitted development.

However, important considerations should be taken to protect existing tenants, occupiers, neighbours and the surrounding area.

Background

Airspace property and development has sky-rocketed since the passing of this law in 2020, with many saying that it could save the UK housing crisis and add an estimated 200,000 more dwellings in the UK. In particular, densely populated areas such as London are ripe for airspace development.

In simple terms, property owners with at least 3 storeys above ground level can add additional floors above their buildings and these could be flats to rent out or extra amenities for the building.

With no or limited planning permission required for residential, commercial and mixed-use properties – there is huge potential for property owners and developers.

The potential speed and turnaround time is likely to be far better than those projects that require planning permission – and these days a lot of construction can be built off-site and fitted onto the building, making it far more time and cost-effective.

From a sustainability standpoint, many people are excited about the opportunities to build up existing buildings and increase their value, rather than use up green belt land. 

What Airspace Development Does Not Require Planning Permission?

To avoid planning permission, any airspace development must meet the following criteria:

• The new homes are flats
• The development is no more than two storeys high 
• The development is built on top of existing residential flats 
• The development was built between July 1, 1948 and March 5, 2018 
• The development is at least three storeys above ground level 
• The development does not extend over 30 meters in total height 
• The extension does not exceed 7 meters in height compared to the highest part of the existing roof 
• Each new storey is no more than 3 meters in height 
• No physical structures are left outside of the property

What Are The Considerations For Airspace Permitted Development?

Whilst there is no formal planning permission, attention must be paid to local residents and any tenants of occupiers of the property, including:

Tenants’ rights – With development and building work taking place, care must be paid to existing tenants to avoid any inconvenience and disruption. As a landlord or property owner, you may have to consider compensation, rent discounts or temporary accommodation for tenants during the building work and be sensitive to any noise, dust and smell pollution.

Rights of light – One will need to take measures to ensure daylight and sunlight do not affect any neighbours.

Legal feasibility – To minimise risk, you should consider the legal implications of your building work. A legal review will identify any potential issues that you may have.

Design considerations – Any renovations or additions you make should typically be in line with the design and architecture of the area, unless stated otherwise. Using a professional architect will be key in this area.

Taking the considerations into account is key to avoid any backlash, legal action or delays in your building work. If any building work needs to be changed once complete due to legal action, this can be very costly.

Are You Looking To Fund An Airspace Development Project?

Airspace development finance is a grey area for a lot of mainstream lenders, but KP Finance has more than 15 years of experience and an excellent track record in this area. We would be delighted to share our case studies with you and discuss your personal requirements.

For more information, please contact the KP Finance team by phone on +44203 488 1128 or email the team at enquiries@kpfinance.co.uk