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When planning permission is required

Express planning permission is required for the carrying out of building, engineering, mining, or other operations in, on, over, or under land, or the making of any material change in the use of any buildings or other land unless it does not fall within the ‘meaning of development’ in the Town and Country Planning (Scotland) Act 1997, as amended, or it is ‘permitted development’.

Permitted Use of Land and Buildings

The change in the use of land or buildings is development and therefore requires planning permission in most circumstances. What amounts to a material change in the use of the land depends on the circumstances of each case. 

Some individual uses which are similar are grouped into separate classes by the use classes order 1997. Where a building or land is used for a purpose which is included in a particular class, the use of that building or land for any other purpose in the same class, shall not be taken to involve development and therefore it would not require planning permission. In certain circumstances, this is subject to conditions. 

Changes are also permitted by the General Permitted Development Order 1992, which provides that certain changes of use, though involving development, are nonetheless permitted and therefore no planning permission is required.

A table of the use classes in the document below:

Summary of use classes244.84 KB
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Seeking formal confirmation that works do not require planning permission

If you require a formal confirmation from the planning authority that works or a use of land does not require planning permission you can submit an application for a certificate of lawful development/use. More information about this can be found on Sections seven and eight of the development management validation standards booklet.

Make an application for a certificate of lawfulness

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Permitted development rights

Legislation allows for some development to take place without the need for planning permission. Such development is defined 'permitted development'. For detailed guidance of permitted development in flats and houses, please read the Scottish Government's guidance on householder permitted development rights.

Householder permitted development rights

The Scottish Government's guidance on householder permitted development rights explains what can be built within the grounds of individual houses and flats without the need for express planning permission.

Please note there are a small number of properties in Aberdeen where ‘permitted development rights’ have been removed, which means that alterations to the exterior and within the grounds of these properties always needs planning permission. The most significant examples where this is the case is an area of Kingswells and Burnbanks Village. Planning permission is always required for development to properties on the following streets in Kingswells:

  • Burnbank Village 
  • Concraig Gardens 
  • Concraig Park 
  • Concraig Place 
  • Concraig Walk 
  • Derberth Grange 
  • Derberth Manor 
  • Derberth Park 
  • Derberth Place 
  • Derberth Walk 
  • Wellside Avenue 
  • Wellside Circle 
  • Wellside Close 
  • Wellside End 
  • Wellside Gardens 
  • Wellside Park 
  • Wellside Place 
  • Wellside Road 
  • Wellside Walk
  • Wellside Wynd 
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Planning consents for listed buildings

If the building is a listed building, listed building consent will be required separately for any alteration to, external or internal, that is considered by the planning authority to affect its character. 

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Planning consents for inner-city multis

Five multi-storey blocks of flats in Aberdeen have been designated as category A-listed buildings by Historic Environment Scotland (HES). Depending on the works you plan to carry out, you may need listed building consent or planning permission. For detailed guidance on what may or may not require consent, please read

guide to planning consents for inner-city multis3.06 MB
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Do I need planning permission to:

Please note that the answers to these questions are not applicable in the case of properties within the above noted streets in Kingswells and Burnbanks Village.  

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Planning permission is not required to physically alter the interior of a building as this does not fall within the meaning of development in the Town and Country Planning (Scotland) Act 1997, as amended. If the building is a listed building, listed building consent will be required separately for any internal alteration, that is considered by the planning authority to affect its special architectural and historic interest. 

See the information under the ‘Permitted Use of Land and Buildings’ heading above.

Planning permission would be required for fixed structures and for the use of outdoor areas (including pavements) for seating. Where these would obstruct the use of disabled parking bays these would need to be provided elsewhere. Guidance on utilising outdoor spaces for pubs and restaurants.

It can depend on factors such as if the property a flat or a dwelling house, as well as its dimensions, location in the garden, overall size and its distance from the property boundary. 

If you are unsure please contact us. 

Planning permission is not required to:

  • Replace a window of the same size in a flat or house that is neither listed nor located within a conservation area. 

Listed Buildings

If the property is a listed building, replacing a window or rooflight will likely require listed building consent separately even if it does not need planning permission or the submission of a prior notification (explained below).

Conservation Areas

Replacement windows on the front of a property or side elevation that fronts a road in a conservation area

You must apply for a determination as to whether prior approval will be required by submitting a prior notification, if the window is on the principal elevation or a side elevation which fronts a road and would not be substantially the same as the existing window to be altered or replaced in the following respects:

  • The manner in which the window is opened and closed.
  • The number, orientation and colour of the panes comprised in the window.
  • The dimensions and colour of the frame of the window or any astragal bars comprised in the window.

It is strongly advised that you contact the Strategic Place Planning Service in advance of replacing your windows to establish if the submission of a prior notification is required. Please note that prior notifications cannot be submitted retrospectively. In such cases, planning permission would be required.

Replacement windows on a rear or side elevation which do not front a road in a conservation area

Prior notification is not required. However, you may wish to apply for a certificate of lawfulness to confirm that the replacement/altered windows do not require planning permission.

Mixed Developments

In a conservation area, the alteration /replacement of windows or rooflights to the front or side elevation that fronts a road where the proposed replacements are not substantially the same, as well as carrying out other development that requires planning permission  will require both:

  • Prior notification for the replacement windows; and
  • Planning permission for the other development (including any new window or rooflight opening).

If you are unsure, please contact us.

Planning permission is not required to install, alter, or replace a ground source or water source heat pump within the curtilage of a dwelling house or building containing a flat.

Planning permission is required if:

  • The property is a flat.
  • Construction work involves over 0.5 metres of excavation or infilling.
  • The verge to the footway has grass over 2.5 metres wide.
  • The driveway accesses a classified road.
  • The property is a listed building or is in a conservation Area.
  • The driveway is between the house and the road and is neither made of a porous material nor designed to let water run off to a porous area within the grounds of the property.

Additionally consent from the Council's roads service will be required to form the footway crossing. For more information see regulations governing driveways. 

In the case of curtilage of dwelling houses, planning permission is usually required if:

  • The height of the fence, gate or wall exceeds two metres in height; or;
  • One metre in height where it:
    • Fronts a road.
    • Extends beyond the line of the wall of the principal elevation or side elevation that is nearest a road.
  • It is located within the curtilage of a listed building or is in a conservation area. 

In all other cases, including flats, permission is usually required if the fence is:

  • More than two metres high.
  • More than one metre high and within 20 metres of a road.
  • It would involve development within the curtilage of, or in respect of a gate, fence, wall or other means of enclosure surrounding a listed building. 

If you are unsure, please contact us.

In the case of dwelling houses, planning permission is required if:

  • The deck is forward of the wall forming the principal or side elevation where that elevation fronts a road.
  • Any part of the floor exceeds 0.5 metres in height.
  • The combined height of the deck and any wall, fence balustrade or handrail exceeds 2.5 metres.
  • The dwelling house is in a conservation area.
  • It would be within or bound the curtilage of a listed building. Planning permission will always be required for flats.

If you are unsure, please contact us.

Planning permission is required for any tree works for trees that are in a conservation Area or protected by a Tree Preservation Order (TPO). For more information, see the protected trees page

No, you do not need to apply for planning permission in order to plant trees, but take care you are not planting in the vicinity where growing trees could damage foundations or deprive your neighbours of light. 

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