BUILDING REGULATIONS

Luxury garden room in Essex
Modern garden office, Essex
Luxuyr garden studio in Essex

We are setting a new standard in garden rooms at Hawksbeck. All our garden rooms are designed by architects, are built to exceed UK Building Regulation Standards, have a life expectancy of a minimum of 60 years and come with a 10-Year warranty. Should you wish to have an independent inspection, we will coordinate with the building inspector on your behalf and ensure we achieve approval for your garden room.

THE IMPORTANCE OF BUILDING REGULATIONS

Building Regulations are a minimum standard for design, construction and alterations for virtually every building. They are developed by the Government and are intended to protect your safety, health and welfare. The regulations are also designed to improve conservation of fuel and power, protect and enhance the environment and promote sustainable development.

WHEN BUILDING REGULATIONS ARE IGNORED

Garden rooms that are not built to building regulation standards will normally have inadequate foundations, making them susceptible to movement, which then leads to the structure weakening. The walls, floors, and ceiling are built with non-structural materials and have minimal insulation. This means the room will sweat in the summer months and be uninhabitable during the winter. Generally no attention is paid to fire ratings. They overlook areas such as allowing airflow in wall cavities and they don’t provide vapour barriers or breathing membranes.

By building a garden room that doesn’t comply with building regulations it could cost you much more in the long run. The structure will probably last a fraction of the time and you may have additional heating and cooling costs.

BUILDING INSPECTORS

At Hawksbeck, once the deposit is paid, we instruct an independent building inspector. We give them a full set of plans, cross sections and structural calculations for them to check and approve.

We also fill in a project information and appointment form, giving them the schedule of works, and when we will be starting, so the building inspector can coordinate visits to check on the build, normally without warning.

Once the garden room is completed, they will have one final inspection and then the building inspector will issue you a Final Certificate – this will be a valuable asset if you ever decide to sell your home.

THE REQUIREMENTS ON BUILDING REGULATIONS

1. The rules governing building regulations for garden rooms are:

2. Less Than 15m2Internal Floor Area – Building regulations will not normally apply.

3. Between 15m2And 30m2 – Building regulations are required if the garden room is built less than a meter from a boundary or it is not constructed substantially of non-combustible materials.

4. Anything larger than 30m2building regulations is required.

In all cases, building regulations are required if the building contains any sleeping accommodation.

ADDING VALUE TO YOUR HOME

Ensuring you have a building regulations certificate and certificate of lawful development not only gives you peace of mind, but it also adds value to your house. When estate agents value your house, they take into account the total liveable space, and a lawful garden room built to building regulation standards is classified as liveable space.

FAQ

In most cases, you do not need planning permission for a garden room, as they typically fall under Permitted Development Rights. However, there are several important exceptions and conditions to be aware of:

You don’t need planning permission if:

  • The garden room is single storey, with a maximum height of:
    • 2.5m if it’s within 2m of a boundary
    • 4m with a dual-pitched roof or 3m for any other roof if further from the boundary
  • It does not take up more than 50% of your garden space
  • It is not used as a separate dwelling (i.e., not lived in full-time)
  • It is not in front of the principal elevation of the house
  • You’re not in a conservation area, national park (AONB), Listed Building, flat/maisonette (any property with a flat or maisonette status regardless of freehold or leasehold ownership will require planning) or similar designated land (in which case rules are stricter)

If you require planning permission, Hawksbeck can help you with the application. It’s very straightforward, and we have a very successful record in achieving planning permission for our clients.

Permitted development refers to certain types of building works and changes of use that can be carried out without needing to apply for planning permission, because they are automatically granted by the Town and Country Planning (General Permitted Development) (England) Order 2015.

Class E allows householders to build or install certain structures within the garden or curtilage of their house without needing planning permission. These include:

  • Garden Rooms
  • Home offices or gyms (non-residential)
  • Swimming pools and enclosures
  • Out buildings

The rules for permitted development under class E for garden rooms are:

  • The garden room is single storey, with a maximum height of:
    • 2.5m if it’s within 2m of a boundary
    • 4m with a dual-pitched roof or 3m for any other roof if further from the boundary
  • It does not take up more than 50% of your garden space
  • It is not used as a separate dwelling (i.e., not lived in full-time)
  • It is not in front of the principal elevation of the house
  • You’re not in a conservation area, national park, (AONB), Listed Building, flat/maisonette (any property with a flat or maisonette status regardless of freehold or leasehold ownership will require planning), or similar designated land (in which case rules are stricter)

We recommend to all clients to apply for a certificate of lawful development. This gives confirmation that your garden room is lawful and meets permitted development rights. Hawksbeck can help you with the application. It’s very straightforward, and we have a very successful record in achieving planning permission for our clients.

Under permitted development you can build to the boundary of your property. But, if the building is within 2 metres of any property boundary, its maximum height must not exceed 2.5 metres (measured from the ground).

Also, building regulations are required if the floor area of the building is over 15 square metres and it is within 1 metre of the boundary, and it is made of combustible materials (e.g. timber).

Hawksbeck manufactures all of our garden rooms to comply with building regulations and can install their rooms within 1m of the boundary.

The maximum height for a single storey garden room is:

    • 2.5m if it’s within 2m of a property boundary
    • 4m with a dual-pitched roof or 3m for any other roof if further from the boundary
  • It does not take up more than 50% of your garden space

  1. Conservation Areas

Permitted Development (PD) rights are more restricted in conservation areas to preserve their special character.

You can still build a garden room under Permitted Development, but:

  • It must not be forward of the principal elevation (i.e. not in the front garden) and must not be in front of the rear line of the property (i.e. directly off to the side of the house)
  • It must comply strictly with Class E limits:
    • Not more than 2.5m high if within 2m of a boundary.
    • Total area of all outbuildings must not exceed 50% of the garden (excluding the house footprint).
  • No verandas, balconies, or raised platforms are allowed.
  • No cladding in materials not in keeping with the area (especially in Article 4 Direction areas—see below).

Check for an Article 4 Direction:

  • All conservation areas have an Article 4 restriction that removes some Permitted Development rights, but others remove all Permitted Development rights.
  • If Article 4 removes all Permitted Development rights, you will need planning permission even for a basic garden room.
  1. Listed Buildings

You always need planning permission to build a garden room within the curtilage of a listed building, even if it would otherwise be allowed under Permitted Development.

Key Points:

  • Permitted Development rights do not apply to any structure within the curtilage of a listed building.
  • You may also need Listed Building Consent, especially if:
    • The garden room is physically connected to the listed building.
    • The work affects the setting, views, or context of the listed building
  1. Flats and Maisonettes

Similar to listed buildings, flats and maisonettes have no permitted development rights.

This is the case regardless of whether you own the freehold for the property, or the garden is registered separately. Any land that is adjoined onto a flat has all permitted development rights removed.

If your garden room or annexe requires planning permission, Hawksbeck will guide you through the entire process. We have extensive experience with successful applications and can handle the paperwork on your behalf. The process is typically straightforward, and we’ll ensure your design meets all local planning requirements to give you the best chance of approval.