New Permitted Development Airspace Rights as of August 1st 2020

Monday 29th June 2020


Following the long awaited consulation, the Government have introduced a new Permitted Development Right (PDR) to enable upwards extensions and airspace development on detached blocks of flats that will come into force on the 1st August 2020.

Changes to Permitted Development Rights as a means of increasing housing output and addressing the crisis in housing supply, is a great opportunity. The need for more homes is acute and where an opportunity to increase the size, or change the purpose, of an existing building occurs, it would appear prudent to do so if it creates no adverse effect.

Click Above are one of the industry's leaders in airspace and rooftop development. Click Above work with freeholders and building owners to deliver new homes above existing buildings, whilst minimising the impact to building occupants and businesses.

The new airspace rights to deliver new homes through permitted development is an exciting prospect!


The permitted development includes the construction of up to two additional storeys of flats immediately above the existing topmost residential storey on a building which is an existing purpose-built, detached block of flats. This is subject to a prior approval process, details of which need to comply with the regulations.


1) The existing building is in residential use as a result of a previous Permitted Development
change of use.

2) The existing building is less than 3-storeys in height.

3) The building was constructed before 1st July 1948 or after 5th March 2018.

4) Floor to ceiling heights of additional storeys cannot exceed 3 metres or the height of an existing storey.

5) The extended building exceeds 30 metres in height.

6) The overall height of the roof of the extended building is greater than 7 metres higher than the highest part of the existing roof (not including existing plant).

7) Works cannot take place outside the existing curtilage of the building.

8) The building lies within a Conservation Area, AONB, a National Park, the Broads, a site of special scientific interest, a listed building or land within its curtilage, a safety hazard area, a military explosives area, or land within 3km of the perimeter of an aerodrome.

Find out if your building may be suitable for airspace development by contacting our specialist team on 0207 0788 583.


Airspace development isn’t an area of construction that anyone can simply jump on board with (indeed, no construction should be, but that’s not always the case…). It is highly complex and requires experience and skill. Special consideration needs to be paid to the logistics of any such project: from road closures, over-sailing during the crane lift, specialist structural surveys and preparation of the existing roof, not to mention the technical skills of each and every professional involved in the build.

Click Above are already in detailed discussions with several London Boroughs to work in partnership with them to deliver homes above their existing assets. We also have ongoing discussions with prestigious commercial operators focused on building new homes above their buildings, keeping them in situ with little impact to their day to day operations.


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