Do I Need Planning Permission?

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Planning permission may well be needed if you want to change the use of land or a building. For example, it will be required if you want to convert your house into separate flats or an outbuilding into a separate home. You may want to run a small business from your house, and planning permission may be required in some circumstances.

The Town and Country Planning (Use Classes) (Scotland) Order 1997 (UCO) groups together certain similar types of uses of land or buildings into classes. Where a building or land is used for a purpose in a particular class, using it for any other purpose in the same class does not involve development and would therefore not need planning permission (depending on the specific conditions and circumstances).

If a change in the use of a building or land means that it falls within another class of use then planning permission may be required. This could be because of the impact on local amenity, for example traffic generation, noise and visual appearance.

Permitted development rights allow some development work to be undertaken without the need for planning permission and apply to both householder and non-householder development.

Permitted development legislation for householder development (which includes permitted development rights for minor development such as house extensions and external alterations) is enacted by the Scottish Government. More information on householder permitted development including the legislation and flowchart guides is contained on the Scottish Government website.

Non-householder permitted development legislation covers a large range of development types and classes, and includes some changes of use and minor external alterations/extensions. Advice and guidance on permitted development should be sought from either a professional consultant/agent or via the Planning Department through the submission of an application for a Certificate of Lawfulness (see below).

For further information please contact the Department by email at planning@dundeecity.gov.uk

It is important to note that if you require written confirmation that planning permission is not required you will need to submit an application for a Certificate of Lawful Use or Development.

The certificate of lawfulness for existing use or development is essentially a remedy for when buildings works have taken place some time in the past or where for a number of years a development or use has subsisted without complying with a planning condition. It's a procedure that allows you to gain a formal decision that such development or use may continue without fear of enforcement action.

The certificate of lawfulness for proposed use or development is a means of obtaining a decision as to whether proposed building works or uses are permitted and no planning permission is required and no enforcement action by the planning authority will be taken.

Applications for Certificates of Lawfulness can be made via the Scottish Government's ePlanning website

For general advice and information, email planning@dundeecity.gov.uk

If you require planning permission you can apply online at the Scottish Government’s ePlanning website.