PERMITTED DEVELOPMENT RIGHTS

WHAT ARE THE PERMITTED DEVELOPMENT RULES ON GARDEN ROOMS?

The list of Permitted Development criteria that if met, you will not require planning permission and can therefore apply for a Lawful Development certificate (see below for more information on the LDC) on your garden room. The below list can also be found on the government’s planning portal website;

  • No outbuilding on land forward of a wall forming the principal elevation.
  • Outbuildings and garages to be single storey with maximum eaves height of 2.5 metres and maximum overall height of four metres with a dual pitched roof or three metres for any other roof.
  • Maximum height of 2.5 metres in the case of a building, enclosure or container within two metres of a boundary of the curtilage of the dwelling house.
  • No verandas, balconies or raised platforms (a platform must not exceed 0.3 metres in height)
  • No more than half the area of land around the “original house”* would be covered by additions or other buildings.
  • In National Parks, the Broads, Areas of Outstanding Natural Beauty and World Heritage Sites the maximum area to be covered by buildings, enclosures, containers and pools more than 20 metres from the house to be limited to 10 square metres.
  • On designated land* buildings, enclosures, containers and pools at the side of properties will require planning permission.
  • Within the curtilage of listed buildings any outbuilding will require planning permission.

LAWFUL DEVELOPMENT CERTIFICATE

At Hawksbeck even though most of the garden rooms we build for our clients come under permitted development rules*, we recommend that all our clients apply for a lawful development certificate (LDC) on their proposed garden room. Our architects draw up plans and submit applications regularly for our clients. This is a quick and easy process.

THE IMPORTANCE OF A LAWFUL DEVELOPMENT CERTIFICATE

A lawful development certificate (LDC) is issued by the council and is confirmation that your garden room has legal status. Should you wish to sell your house, solicitors representing purchasers will require documentary evidence that your garden room is lawful. It also provides necessary evidence that any works being undertaken are lawful if, for example, a neighbour were to make a complaint about the work. The application can be done online and you normally hear back from the council in 6 – 8 weeks from the date the application is submitted. The cost of a lawful development certificate (LDC) in England is currently £103.

ADDING VALUE TO YOUR HOUSE

Ensuring you have a certificate of lawful development and a building regulations certificate 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.

WHAT YOUR LOCAL COUNCIL SAYS ABOUT LDC’S

This is taken directly from the planning portal website: “For peace of mind, you may choose to apply for a lawful development certificate (LDC). This is not the same as planning permission but is proof that your household building work is lawful. This option is well worth considering even if you are sure your project is permitted development. If you should later want to sell your property, an LDC may be helpful to answer queries raised by potential buyers or their legal representatives. As such, it is important that all paperwork and records relating to your property are clear and up to date.”

More details are available on the government’s planning portal website

At Hawksbeck, we believe it is vital to apply for a lawful development certificate as Permitted Development laws can change. So, what was legal and considered permitted development at the time of constructing your garden room, might not be years later when you come to sell your house. We think the cost of £103 is money well spent. Especially as we take all the hassle out of applying for a certificate as our architects are experts at drawing up plans and submitting applications on your behalf.

*Should your garden room need planning permission (does not meet the Permitted Development criteria), we can provide a full planning service for you. From design through to submitting a planning application

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.

In most cases, you do not need building regulations for a garden room. However, there are several important exceptions and conditions to be aware of:

  • The internal floor area is over 15m² and it’s within 1 metre of a boundary
  • The building is over 30m²
  • It’s used for sleeping/living accommodation (e.g., an annexe)

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.