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Changes to the Permitted Development Rights for the installation or alteration of air source heat pumps on domestic premises

The changes relate to the following:

• Two air source heat pumps are now permitted on a detached dwelling or within its curtilage where previously, only one was allowed. However, only one unit is permitted on a flat or any other dwelling which is not detached, e.g. a semi-detached or terraced dwelling.
• The volume of the air source heat pump outdoor compressor unit (including any housing), was increased from 0.6 cubic metres to a maximum of 1.5 cubic metres if installed on a dwelling or within its curtilage. However, in the case of installation on a flat, the maximum permitted volume is 0.6 cubic metres.
• The requirement to install the air source heat pump more than a metre away from the boundary of the dwelling or flat was deleted.
• The condition which restricted the air source heat pump to heating was deleted and replaced with a requirement that the air source heat pump is not solely used for the purpose of cooling.

Please note that the rest of the restrictions to the installation of air source heat pumps on domestic buildings or premises remain unchanged.

Changes to the Permitted Development Rights for the Electric Vehicle charging points

In a move aimed at encouraging drivers to switch to Electrical Vehicles (EVs), the Government introduced changes to the Permitted Development Rights which allow the installation of electrical upstands, etc. for recharging vehicles.  

The main changes relate to the following:

• Within the curtilage of a flat or a dwelling, the height of the upstand or outlet should not exceed 1.6 metres in height.
• The maximum height in any other case was increased from 2.3 to 2.7 metres.

In all situations, it is important to check that Permitted Development Rights have not been removed by a previous planning condition.

Consultation on proposed incentives and delayed homes penalty measures

In a working paper published on 25^th May 2025, the Government seeks views on further action that should be taken to speed up homes being built. The paper proposes new measures to give Councils new powers to ensure that housebuilders speed up the delivery of homes. The new measures propose a carrot and stick method whereby on one hand, incentives are introduced in the housing market and local planning authorities are equipped with the tools they need to encourage homes to be built out quickly. On the other hand, the paper seeks views on a proposal to give local authorities the power to charge developers a new “Delayed Homes Penalty” when they fall materially behind pre-agreed build out schedules.

The Government clarifies that the “Delayed Homes Penalty” would be used as a last resort only where a developer has agreed a build out schedule in their planning permission but falls materially behind it by a rate of “ten per cent or more” and “without a good reason”.

The consultation, which closes on 19^th July 2025, also proposes to introduce transparency and accountability measures for developers of 50 or more homes to provide:

• A build out statement with their planning application; 
• a commencement notice when they begin their development; and
• an annual progress report tracking build out progress

It should be noted that these measures will not apply to projects falling below 50 homes.

Additionally, the Government intends to implement the powers introduced by the Levelling-up and Regeneration Act (LURA) 2023 which gives local authorities powers to refuse to accept applications from developers who persistently fail to build out quickly.

For more information or to find out how our planning department can help you, please contact Abel.

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