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Space Standards confirmed for April 2021

Following on from our Article on 5th October, which advised that the Government intended to apply the Nationally Described Space Standards (NDSS) to all new residential units delivered through Permitted Development, the Government has now announced the date from which this will come into force.

A Statutory Instrument introduced by Parliament last week, announced that from 6th April 2021, all new dwellings delivered through Permitted Development Rights will need to ensure they:

  • Have a gross internal floorspace of at least 37sq.m (or 39 sq.m where there is a bathroom); or
  • Meet the minimum space standards set out within the NDSS (2015).

There are a number of transitional provisions contained within the Order, which will also come into play on 6th April 2021. The most important of these are that the requirement to meet the NDSS will not be applicable to:

  • Any Permitted Development scheme where prior approval was granted, confirmed as not required or obtained by default prior to 6th April 2021; and
  • Any Permitted Development scheme which submitted an application for prior approval prior to 6th April 2021.

The Government has already introduced the requirement for all new habitable rooms delivered through Permitted Development to receive adequate natural light, and so it is no surprise that new residential units will also have to meet the minimum space standards outlined within the NDSS. This shows a clear intent from the Government to ensure that all schemes delivered through Permitted Development achieve a good standard of living for future occupiers.

Whilst it was always anticipated that this date would be announced sooner rather than later, it now gives developers a definitive date to work towards if they are thinking of submitting a prior approval application where units may fall short of the NDSS.

If you have any questions on the above, or have a site for which you wish to discuss the possibilities of submitting a prior approval application for Permitted Development, please contact jamesdoherty@boyerplanning.co.uk

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