The UK Government will consult on changing Permitted Development Rights that apply in England, including removing the one metre boundary rule, it was announced at the Chancellor's Autumn Statement on 23 November 20231. The announcement followed an independent review of air source heat pump noise emissions and planning regulations commissioned by the Department for Energy Security and Net Zero (DESNZ), published in November 2023, which recommended changes to Permitted Development Rights in England and to the MCS 020 planning standard1.
Permitted Development Rights allow development to be carried out without a planning application, subject to conditions1. Planning is devolved, so conditions differ across the four devolved administrations, but all four require any air source heat pump to be compliant with MCS 0201. MCS 020 is designed to let certified contractors establish whether an installation will meet permitted development requirements, including a calculation procedure to determine noise limit1. It was first issued in August 2011 and last updated in June 20191.
The boundary distances differ by nation. Permitted Development Rights in Wales currently require air source heat pumps on domestic premises to be installed at least three metres from the site boundary; in England the rule is one metre1. MCS states these requirements are considered a potential barrier to the uptake of heat pumps, especially in a terraced housing context1. The Welsh Government anticipates a subsequent update to Permitted Development Rights for air source heat pumps in Wales1.
MCS, the certification body, opened its own consultation on MCS 020 on 30 November 20231. It said:
"MCS is now consulting on MCS 020 and the proposed changes include improving the definition of a solid barrier, background noise level assumptions and updated guidance on location."
MCS said the proposals are designed to make installing a heat pump easier and more accessible1. The deadline for submitting comments on that consultation is 12.00pm on Friday 26 January 20241. The government consultation itself has been announced but its launch date, scope and closing date have not been reported1.
Why it matters for households
For a household, Permitted Development Rights are what decide whether a heat pump can go in without a planning application. The one metre boundary rule in England is the constraint most likely to bite on smaller plots, terraced housing and flats where the only practical external wall sits close to the boundary1. Removing it would widen the set of homes where an installation can proceed under permitted development rather than through a full application, though the outcome depends on the consultation and on any conditions that replace the rule1.
The MCS 020 review matters because compliance with that standard is a condition of permitted development in all four devolved administrations1. Changes to how a solid barrier is defined, what background noise level is assumed and where a unit may be sited would alter what an installer has to demonstrate, and in turn what a household has to accept in terms of siting and screening1. Noise is the practical limit on how close a unit can sit to a neighbour, so the assumptions behind the calculation carry directly into where a home can put one1.
Rules also vary by nation, and by home type, and can be withdrawn in some areas. Permitted Development and Planning by Home Type sets out how the position differs, and Article 4 Directions explains how permitted development can be removed locally. For the wider framework, see Regulation and Energy Independence. Renters face a separate set of consents, covered in The Renters' Rights Act and Home Energy in England, and the position in Wales is set out in Energy and Buildings Policy in Wales.
What happens next
The MCS consultation on MCS 020 closes at 12.00pm on Friday 26 January 20241. The UK Government consultation on Permitted Development Rights in England has been announced but no launch or closing date has been reported1. The Welsh Government anticipates a subsequent update to Permitted Development Rights for air source heat pumps in Wales, with no date given1.