Permitted development rights to support provision of new homes

Closes 27 Oct 2025

Opened 3 Sep 2025

Overview

The Scottish Government is exploring whether permitted development rights (“PDR”) can play a greater role in helping to address the housing emergency.

This consultation primarily relates to potential PDR changes that might help to address the housing emergency. It also seeks views on measures to support the deployment of heat networks and domestic air source heat pumps.

Feedback from respondents will inform the formation and refinement of any proposals for new or amended PDR. 

Because PDR are set out in legislation, introducing new or extended PDR involves the preparation of a statutory instrument, which must be laid in the Scottish Parliament before it can come into force. We anticipate that a statutory instrument containing any changes stemming from this consultation would be laid in the Scottish Parliament in early 2026.

If you have any questions about this consultation you can get in touch at HousingEmergencyPDR@gov.scot

Read the consultation paper The consultation paper contains full background information for this consultation. You may find it useful to read or refer to while responding.

Consultation questions preview

The consultation questions are included here for your reference. Please click 'Begin consultation' at the bottom of this page to proceed.

Question 1. Do you consider that the maximum limit in Classes 18B and 22A of five residential units per agricultural unit or forestry building should be changed? Please explain your answer including (if appropriate) how you consider the limit should change.

Question 2. Do you believe the current floor space maximum of 150 square metres in Classes 18B and 22A should be removed or increased? Please explain how and why.

Question 3. Do you believe that small extensions and/or separate buildings should be allowed as part of the conversion of an agricultural or forestry building to residential use under PDR? 

Question 4. Do you consider that any of the current location-based restrictions in relation to Classes 18B and 22A should be removed and if so, which? 

Question 5. Do you consider the prior notification and approval mechanism (including the relevant matters and fee) associated with Classes 18B and 22A should be changed? If so, how?

Question 6. Do you consider that PDR should allow the change of use of any other buildings or agricultural/forestry land to residential? If so, to which type(s) of building should the PDR be extended and why? 

Question 7. Do you consider that the PDR under Classes 18B and 22A should be expanded or revised in any other way? 

Question 8. Do you believe that there should be new PDR for the replacement of agricultural and forestry buildings with new-build homes in particular circumstances? If so, in what circumstances? 

Question 9. Do you believe that there should be new PDR for new-build homes in any particular types of rural areas in particular circumstances? If so, in what type of rural areas and in what circumstances?

Question 10. Do you consider that proposals to convert the ground floor or entirety of buildings in town and city centres to residential use should benefit from PDR? 

Question 11. Do you consider that there should be PDR for the change of use of properties above Use Class 1A premises to residential use? 

Question 12. Do you have any comments about the prospect that the PDR would allow a change of use to residential from any existing use? 

Question 13. Do you think PDR for the change of use of properties above Use Class 1A premises to residential use should include any limits on the minimum or maximum floorspace, size and/or number of residential units that can be formed? Please explain your answer and describe what you think the limits should be, if any.

Question 14. What other potential limits, restrictions and exclusions to such PDR should be considered? 

Question 15. Do you consider that a prior notification and approval mechanism should be required in respect of a PDR for ‘town centre living’ as discussed in the consultation?  If yes, what matters do you consider should potentially be subject to prior approval? 

Question 16. Should any such PDR (permitting the change of use of floors above Use Class 1A premises) also permit certain external alterations of a building to facilitate the conversion to residential use, if so what alterations? 

Question 17. Please provide any other comments regarding the potential options to introduce PDR for ‘town centre living’ proposals as discussed in the consultation.

Question 18. Do you consider that any expanded PDR for rural homes (described in chapter 2) should be subject to a condition prohibiting the use of the new units for short-term letting? 

Question 19. Do you consider that any ‘town centre living’ PDR (described in chapter 3) should be subject to a condition prohibiting the use of the new units for short-term letting? 

Question 20. Do you consider that it would be appropriate to amend PDR for existing dwellinghouses, to allow homeowners to make better use of their existing properties? 

Question 21. Do you consider that the reference in the PDR for domestic air source heat pumps (ASHPs) should be revised to make it clear that the installation must comply with Microgeneration Certification Scheme (MCS) 020 a)? 

Question 22. Do you consider that ASHPs installed on domestic properties under PDR should be permitted to be used for heating and cooling but not solely cooling? 

Question 23. Do you consider that the PDR for domestic ASHPs in Scotland should be amended to allow for the installation of up to two ASHPs on a detached dwellinghouse? 

Question 24. Do you consider that proposals that would result in more than one ASHP being installed on flatted buildings or on terraced or semi-detached properties should continue to be assessed on a case-by-case basis by planning authorities? 

Question 25. Do you consider that any other changes should be made to the existing PDR for the installation of ASHPs in Scotland? 

Question 26. Do you consider that it would be appropriate to have PDR for the installation (and subsequent repair and maintenance) of connections from individual buildings to heat networks? 

Question 27. What are your views on the accuracy and scope of the environmental baseline set out in the environmental report? 

Question 28. What are your views on the predicted environmental effects of the proposals as set out in the environmental report? Please give details of any additional relevant sources.

Question 29. What are your views on the assessment of alternatives as set out in the environmental report?

Question 30. What are your views on the proposals for mitigation, enhancement and monitoring of the environmental effects set out in the environmental report?

Question 31. Please provide any comments on the partial Business and Regulatory Impact Assessment (BRIA) and information on the potential business or regulatory impacts of any of the options identified in this consutation. 

Question 32. Are you aware of any examples of how any of the options identified in this consultation may affect, either positively or negatively, those with protected chatacteristics? If yes, please provide further detail. 

Question 33. Please provide any comments or information on the potential impacts on children's rights and wellbeing of any of the options identified in this consultation.

Question 34. Do you have any information or comments on the potential impacts on island communities of any of the options identified in this consultation? If yes, please provide further detail.

Question 35. Are you aware of any examples of potential impacts, either positive or negative, that the options identified in this consultation may have on groups or areas at socio-economic disadvantage (such as income, low wealth or area deprivation)? If yes, please provide further detail.

Question 36. Do you agree that a Fairer Scotland Duty assessment is not required in relation to the options set out in this consultation?

Useful information about responding to this consultation

As you complete your response, each page will provide the option to 'Save and come back later' at the bottom. This means you can save your progress and return to the consultation at any time before it closes. If you don't use this feature and leave the consultation midway through, your response will be lost.

Once you have submitted your response, you can enter your email address to get a pdf copy of your answers sent to you.

On the 'About You' page at the end of this consultation, organisations will have the opportunity to tell us more about their work and/or how their response was informed.

After the consultation has closed there will be a few months delay before any responses are published. This is because we must check any responses to be published abide by our Terms of Use.

An analysis report will usually be published some months after the consultation has closed. This report will summarise the findings based on all responses submitted. It will be published on the Scottish Government website and you may be notified about it if you choose to share your email address with us. You can also join our consulation mailing list where we regularly list newly published analysis reports (as well as new consultations).

Why your views matter

We seek your views on how permitted development rights can help deliver the right homes in the right places.

Consultation and feedback is key to effective policy making.

Give us your views

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