Government moots easing restrictions on demolishing new-builds

The government has unveiled plans to extend permitted development rights for demolishing buildings and replacing them with housing.

In 2020 the government introduced a rule that allowed the demolition of residential, office or industrial buildings built before 1989 without planning permission if they are replaced by a home or housing scheme. The right does not apply to listed buildings or buildings in certain heritage areas.

Now the government has launched a consultation on scrapping the 1989 cut-off point, which it said would “allow for more new homes to be delivered” in this way – although it has also suggested removing the right for buildings constructed before 1930.

“Removing the current limitation would bring more buildings into scope, [as] newer buildings could be demolished,” the consultation states.

The government also suggests relaxing a requirement on new-builds to have the same footprint as the buildings they replace, as well as streamlining the prior approval process under which local planning authorities can object to permitted development on grounds including visual amenity.

The government said it has received feedback “that the existing prior approval process can be too burdensome and limit the use of the [permitted development] right”. However, it said that no changes are proposed to the parts of the prior approval process that relate to safety.

The National Federation of Demolition Contractors (NFDC) chief executive Duncan Rudall said the proposals were “welcome news” for those looking to get onto the property ladder as well as the demolition industry – which has “had its resilience continually tested by tough economic conditions”.

“Cutting the red tape that has held back the redevelopment of commercial spaces is a necessary step forward towards this goal, but it must be undertaken in a safe and environmentally responsible manner,” he said.

“Consequently, we expect our members to see an increase in demand for their expertise in saving damaged structures, or correcting defects, which otherwise may have rendered a building unusable, therefore ensuring safety of local communities and the wellbeing of the environment.”

The consultation, which is made up of 53 questions, can be completed here. It will close on 9 April 2024.

Other areas under consultation include whether more protection is needed for leaseholders regarding the right for developers to build more homes on housing blocks, as well as extending the size of roof extensions allowed via permitted development.