If you intend to demolish a property, you will now likely require planning permission. Whilst the Town and Country Planning (Demolition - Description of Buildings). Direction 1995 allowed for demolition of non-residential buildings not benefiting from planning permission to do so, a High Court judgement has changed this.
Before the Court of Appeal judgement, the 1995 Demolition Direction ('the Direction(1)') set out that the demolition of any buildings was excluded from the definition of development and therefore did not require planning permission. However, a demolition affecting a listed building, building within a conservation area or a scheduled monument could still require consent under separate legislation.
As a result of the Direction, only demolition of a dwelling house or a building adjoining a dwelling house previously constituted development. However, permitted development rights (PDRs) exist(2) where planning permission is deemed to be granted for the demolition without the need to be met, including:
- Before demolishing any building, the developer should apply to the local planning authority (LPA) to determine whether the prior approval of the authority will be required as to the method of demolition and any proposed restoration of the site; and
- Where demolition is urgently required in the interests of safety or health, the developer should provide to the LPA, as soon as reasonably practical, a written justification for the demolition.
The PDRs do not apply where:
- The building has been rendered unsafe or otherwise uninhabitable by the action or inaction of any person having an interest in the land on which the building stands; and
- It is practicable to secure safety or health by works of repair or works for affording temporary support.
Where demolition is required as part of wider redevelopment proposals which are the subject of a planning permission, the prior approval process will not be required where the demolition was either explicitly referred to in the description of the development or was wholly implicit within the planning application submitted.
Further information regarding PDs (Demolition).
Last Updated on Monday, March 23, 2026