Understanding the rules and regulations surrounding outbuildings can be a complex task.
Whether you’re a homeowner planning to build a garden shed, or a property developer considering a larger project, it’s crucial to know what’s permitted.
In the UK, certain types of outbuildings fall under ‘permitted development’. This means they can be built without needing to apply for planning permission.
However, there are specific criteria these outbuildings must meet.
Failure to comply with these rules can lead to penalties. It could even mean having to take down the structure.
This guide aims to provide a comprehensive understanding of permitted development for outbuildings.
We’ll delve into the specifics of what is allowed, the restrictions that apply, and the potential consequences of non-compliance.
What Are Permitted Development Rights?
Permitted Development Rights are a set of rules in the UK. They grant homeowners and property developers the right to carry out certain types of work without needing to apply for planning permission.
These rights cover a wide range of work. This includes extensions to homes, changes to the interior of buildings, and the construction of outbuildings.
However, it’s important to note that Permitted Development Rights are subject to conditions and limitations. These are designed to control the impact of developments and ensure they are in line with the local area’s character.
Here are some key points to remember about Permitted Development Rights:
- They apply to most houses, but not to flats, maisonettes, or other buildings.
- They are limited in designated areas, such as conservation areas or Areas of Outstanding Natural Beauty.
- They do not override the need to comply with building regulations.
- They do not negate the need for a licence for certain types of work, such as dropping a kerb.
- They can be removed by the local planning authority using an Article 4 Direction.
Understanding Your Local Planning Authority Guidelines
While Permitted Development Rights are set at a national level, local planning authorities can influence how they are applied.
Each local planning authority may have its own guidelines. These can provide more detail on how the rules are interpreted in that area.
For example, some authorities may have stricter rules on the size or appearance of outbuildings. Others may have specific guidelines for properties in conservation areas or near listed buildings.
Therefore, it’s always a good idea to check with your local planning authority before starting any work. They can provide advice tailored to your specific situation and location.
Criteria for Outbuildings Under Permitted Development
Outbuildings, such as sheds, greenhouses, and garages, fall under the scope of Permitted Development Rights. However, they must meet certain criteria to be considered permitted development.
Firstly, the outbuilding must be used for purposes incidental to the enjoyment of the dwellinghouse. This means it should not be used as separate living accommodation or for business purposes.
Secondly, the outbuilding must be located within the curtilage of the dwellinghouse. The curtilage is the area of land around the house within which the outbuilding is situated.
Lastly, the outbuilding must not be forward of a wall forming the principal elevation. In other words, it should not be located in the front yard of the property.
Here are some key points to remember about the criteria for outbuildings under permitted development:
- The outbuilding must not cover more than half the area of land around the “original house”.
- The outbuilding must not be used for residential accommodation.
- The outbuilding must be single-storey, with a maximum eaves height of 2.5 meters.
- The outbuilding must not have verandas, balconies, or raised platforms.
Size and Height Restrictions
The size and height of an outbuilding are crucial factors in determining whether it falls under permitted development. There are specific restrictions that homeowners and property developers must adhere to.
The maximum height of the outbuilding should not exceed 2.5 meters if it is within 2 meters of the property boundary. If it is more than 2 meters from the boundary, the maximum height is 4 meters for a dual-pitched roof, or 3 meters for any other roof.
The maximum eaves height of the outbuilding should not exceed 2.5 meters. This is the height measured from the ground to the point where the lowest edge of the roof meets the wall of the building.
The outbuilding, along with any other additions or extensions, should not cover more than 50% of the total area of land around the original house. The term “original house” refers to the house as it was first built or as it stood on 1 July 1948 if it was built before that date.
Here are some key points to remember about size and height restrictions:
- The maximum height is 2.5 meters within 2 meters of the boundary.
- The maximum height is 4 meters for a dual-pitched roof, or 3 meters for any other roof if the outbuilding is more than 2 meters from the boundary.
- The maximum eaves height is 2.5 meters.
- The outbuilding should not cover more than 50% of the total area of land around the original house.
Placement and Design Considerations
The placement and design of an outbuilding are also important considerations under permitted development. The outbuilding should be located within the curtilage of the dwellinghouse, but not forward of a wall forming the principal elevation.
The design of the outbuilding should be in keeping with the character of the existing dwellinghouse and the local area. It should not have verandas, balconies, or raised platforms.
The materials used in the construction of the outbuilding should be similar or complementary to those used in the existing dwellinghouse. This helps to ensure that the outbuilding blends in with the surrounding environment.
Building Regulations vs. Planning Permission
Building regulations and planning permission are two distinct aspects of property development. Understanding the difference between them is crucial when planning an outbuilding.
Planning permission relates to the principle of whether you can carry out a certain type of development. It considers the impact of the development on the local environment and neighboring properties.
On the other hand, building regulations set out the standards for design and construction of buildings. They ensure that any building work is safe, energy efficient, and accessible.
When Do Building Regulations Apply?
Building regulations apply to most types of building work. This includes new buildings, extensions, conversions, and alterations to existing buildings.
For outbuildings, building regulations will apply if the building is over 15 square meters and contains sleeping accommodation. They will also apply if the building is over 30 square meters and does not contain sleeping accommodation.
It’s important to note that even if your outbuilding falls under permitted development and does not require planning permission, you may still need to comply with building regulations. Always check with your local authority or a building control body to ensure you meet all necessary requirements.
The Impact of Outbuildings on Property and Neighbors
Outbuildings can have a significant impact on both your property and your neighbors. They can affect the overall appearance of your property and potentially its value.
Outbuildings can also impact your neighbors. They can obstruct views, overshadow gardens, and potentially invade privacy. It’s important to consider these factors when planning your outbuilding.
In some cases, you may need to consult with your neighbors before proceeding with your plans. This is particularly true if your outbuilding is close to a boundary or could affect your neighbor’s enjoyment of their property.
Remember, a well-planned and considerate outbuilding can enhance your property and provide useful additional space. However, it’s crucial to consider the potential impacts and address any issues early in the planning process.
Privacy, “Right to Light,” and the Party Wall Act
When planning an outbuilding, it’s important to consider your neighbors’ privacy and their “right to light.” This means ensuring your outbuilding does not overly obstruct their windows or garden.
The Party Wall Act may also come into play if your outbuilding is close to a boundary. This Act requires you to notify your neighbors if you plan to carry out work that could affect a shared wall or boundary.
Remember, it’s always better to discuss your plans with your neighbors early on. This can help avoid disputes and ensure a smoother building process.
Consequences of Non-Compliance with Planning Rules
Non-compliance with planning rules can lead to serious consequences. If you build an outbuilding without the necessary permissions, you could face enforcement action from your local planning authority.
This could result in you being required to modify or even demolish your outbuilding. In some cases, you may also be fined. The exact penalties can vary depending on the nature of the breach and your local authority’s policies.
It’s important to remember that ignorance of the rules is not a valid defense. It’s your responsibility to ensure you have the necessary permissions before you start building.
Penalties and Enforcement Actions
Penalties for non-compliance can be severe. They can include fines, enforcement notices requiring you to undo the work, and in extreme cases, prosecution.
Enforcement actions can be costly and time-consuming. They can also cause significant stress and disruption. It’s much better to ensure you comply with the rules from the outset.
Remember, if you’re unsure about any aspect of planning permission or building regulations, it’s always best to seek professional advice. This can help you avoid costly mistakes and ensure your outbuilding project goes smoothly.
Navigating the Planning Process
The planning process for outbuildings can seem daunting. However, with the right knowledge and preparation, it can be navigated successfully.
The first step is to understand the rules and regulations that apply to your project. This includes both planning permission and building regulations.
Next, consider the following steps:
- Check if your project falls under permitted development rights.
- If not, apply for planning permission from your local authority.
- Ensure your design complies with building regulations.
- If in doubt, seek professional advice.
Applying for a Lawful Development Certificate
If your outbuilding falls under permitted development, you may wish to apply for a Lawful Development Certificate (LDC). This is not a requirement, but it can provide peace of mind.
An LDC is a legal document that confirms your outbuilding complies with all relevant planning rules. It can be useful if you ever decide to sell your property.
To apply for an LDC, you’ll need to submit an application to your local planning authority. This usually involves providing detailed plans and information about your proposed outbuilding.
Special Considerations for Designated Areas
If your property is in a designated area, additional rules may apply. Designated areas include national parks, Areas of Outstanding Natural Beauty (AONB), conservation areas, and World Heritage Sites.
In these areas, permitted development rights for outbuildings may be more limited. For example, the size and height restrictions may be stricter.
It’s crucial to check with your local planning authority before starting any work. They can provide specific guidance based on your location and the nature of your project.
Rules for Listed Buildings and Conservation Areas
Listed buildings and conservation areas have their own set of rules. If your property is listed or in a conservation area, you’ll need to consider these.
For listed buildings, any outbuilding within the curtilage will require planning permission. This is regardless of its size or purpose.
In conservation areas, outbuildings on the side of properties will also need planning permission. Again, it’s best to consult with your local planning authority for advice.
Frequently Asked Questions (FAQs)
When it comes to permitted development for outbuildings, many questions arise. Here, we address some of the most common queries.
- Do I need planning permission for a garden shed? Not always. If your shed meets the criteria for permitted development, you won’t need planning permission. However, if it exceeds the size or height limits, or if it’s intended for residential use, you may need permission.
- Can I live in my garden shed? Generally, using a shed as a permanent dwelling is not allowed without planning permission. This is because it changes the use of the building from incidental to residential.
- How many sheds can I have in my garden? There’s no set limit on the number of sheds. However, all outbuildings combined must not cover more than 50% of the total area of your garden.
- Can I put a shed in my front garden? Outbuildings are not usually permitted in the front garden under permitted development rights. You’ll likely need planning permission.
- What happens if I build without planning permission? If you build an outbuilding without the necessary permission, you may face enforcement action. This could result in having to modify or even demolish the building.
Addressing Common Concerns and Misconceptions
There are many misconceptions about permitted development for outbuildings. Let’s clear up some of the most common ones.
Firstly, many people believe that if a structure is not fixed to the ground, it doesn’t need planning permission. This is not always true. Even movable structures can require permission, depending on their size and use.
Secondly, some think that outbuildings cannot be used for business purposes under permitted development. This is not the case. Outbuildings can be used for a home office or workshop, as long as the use remains incidental to the enjoyment of the house.
Thirdly, there’s a belief that planning permission is not required if the outbuilding is temporary. However, even temporary buildings can require permission, especially if they’re in place for a significant amount of time.
Lastly, many people assume that they can build right up to the boundary of their property without planning permission. In fact, any outbuilding within 2 meters of the boundary cannot exceed 2.5 meters in height under permitted development.
Remember, when in doubt, it’s always best to consult with your local planning authority. They can provide the most accurate and up-to-date advice for your specific situation.
Conclusion and Next Steps
Understanding permitted development for outbuildings can be complex. However, with the right knowledge, you can navigate the process with confidence. Remember, it’s crucial to check with your local planning authority before starting any construction project.
If you’re planning to build an outbuilding, consider seeking professional advice. An architect or planning consultant can help ensure your project complies with all relevant regulations. This way, you can enjoy your new outbuilding without worrying about potential planning issues in the future.