Scotland’s new Planning Order makes energy efficiency easier for homeowners

Scotland’s efforts to combat climate change have taken a significant step forward.

In March 2024, the Scottish Government approved changes to the Town and Country Planning Order to make it easier for homeowners to adopt green technologies to improve the energy efficiency of their homes.

In May 2024, those changes went into effect.

How has the Planning Order changed?

On 24 May 2024, the following changes came into effect for homeowners in Scotland:

• Windows can be upgraded without planning permission ‍
• Solar panels can be installed without planning permission
• Ground and water source heat pumps can be installed without planning permission
• Domestic wind turbines can be installed on detached houses without planning permission

The requirement for planning permission has been replaced by a requirement to meet permitted development rights (rules that allow certain types of development without planning permission).

For example, solar panels fitted to homes in conservation areas mustn’t be visible from the road, and domestic wind turbines must meet certain size requirements.

In cases where the desired installation doesn’t meet the requirements set out in the permitted development rights, planning permission will still be required.

What do these changes mean for homeowners?

The amendments to the Planning Order are good news for homeowners who want to make their homes more energy efficient and reduce their carbon emissions.

The relaxing of planning permission requirements should result in:

• Less admin
• Faster installations
• Cost savings

For those living in conservation areas, the change in legislation will make many energy efficiency improvements much easier. But in some cases, limitations will still apply.

For those in listed buildings, the legislation will have little impact since it doesn’t overrule existing limitations. In most cases, owners will still need to seek planning permission.

The changes will also reduce the administrative burden on planning authorities, enabling them to spend more time and resources working on other important tasks.

It’s hoped that by making energy efficiency easier for homeowners, the latest changes to the Town and Country Planning Order should encourage more people to upgrade their homes and speed up the rate of progress towards Net Zero.

What is the Town and Country Planning Order?

The Town and Country Planning Order is a set of regulations that dictate how home building and renovations should be governed.

It outlines the types of projects that need planning permission and those that can be carried out under permitted development rights.

Permitted development rights allow certain projects to be completed without needing a full planning application, speeding up the process for homeowners and developers.

You can read the full, amended Planning Order here.

How does Scotland’s new Planning Order compare to that in England and Wales?

Both England and Wales have their equivalent legislation. The Town and Country Planning Act 1990 serves as England’s sole legislation and is the basis of Wales’ legislation. But the Planning (Wales) Act 2015 is an additional layer of legislation that’s used in Wales.

Both pieces of legislation are similar to Scotland’s new Planning Order in that they allow certain home improvements without full planning permission, while also aiming to streamline the process of making homes more energy efficient.

However, Scotland’s Planning Order differs in the specific improvements allowed under permitted development rights. For example, most solar panels can now be installed without planning permission in Scotland, but it’s still a common requirement in England and Wales (particularly in conservation areas).

Another key difference is that England and Wales’ legislation allows local planning authorities to amend parts of the legislation for their area. This is unlike Scotland’s new Planning Order which takes a more centralised approach, resulting in less powers for local authorities.