Skip to main content

Insight article

May 11, 2022

Do I need planning permission to make changes to my garden?

With summer just around the corner, many people plan to make changes to their gardens. Some changes might be extensive, including decking, a garden office, fences or a total landscaping overhaul. While you generally won't need permission to plant your favourite flowers, more extensive projects may require planning permission.

In this article, we look at different garden projects and whether you might need planning permission before going ahead.

What is Permitted Development?

The law allows you to carry out certain types of home and garden work under Permitted Development. This means that you will not be required to obtain planning permission. However, Permitted Development has rigorous requirements for each type of development. These include height, size, whether there are neighbouring properties and whether you are near a main road.

Do I need planning permission to put up a wall or fence?

Under Permitted Development, you can build, improve, maintain or alter a fence, wall or other enclosure. However, the work must remain within the below limitations:

  • the height of the wall or fence must not exceed 1 metre if it is adjacent to a highway;
  • the height of any other wall, fence, gate or other enclosure must not exceed two metres;
  • you cannot carry out such work under Permitted Development if you live in a listed building.

Do I need planning permission to build a shed, summerhouse, or garden office?

If you want to add a shed for storage, a garden office, or a summer house, you may be able to do so under Permitted Development. However, the total area of outbuildings must not exceed 50% of the total area of your garden space, i.e. ‘curtilage’. The 50% includes any extension your home may have but does not include areas covered by the main building.

If, however, you live within a conservation area or an area within the National Parks and Broads you should check the requirements with your Local Authority.

If you live on an estate, you need to consider if there are any restrictions imposed by the Management Company or within the original title documents which require consent together with any relevant fee. For example, there may be restrictions regarding what you can add, where and any size constraints.

Suppose you want to put up small detached buildings such as a garden shed, summerhouse or office in your garden. In that case, building regulations will not usually apply if the floor area of the building is less than 15 square metres and contains no sleeping accommodation.

Do I need planning permission for decking?

You do not need planning permission for garden decking, so long as you meet specific criteria. The main concern for many is that the decking platforms cannot be more than 30cm from the ground.

Do I need planning permission for landscaping?

Generally, garden design such as returfing a lawn area, adding garden paving, or creating flower beds will not require planning permission.

We set the rules for walls, fences and other enclosures out above. You should, however, be mindful of pruning trees. Certain types of trees are protected under Tree Preservation Orders, so you may wish to check with your Local Council before cutting down or significantly pruning a tree.

Contact Senior Conveyancing Assistant Laura Thurlow for more information today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • Autumn Budget Statement 2024
    Key implications for employment law, property law, and estate planning


    Read more
  • Disclosure against warranties in UK corporate transactions
    In UK corporate transactions, disclosure of information is a vital strategy for sellers to shield themselves from warranty claims when selling their shares or business.


    Read more
  • How the Employment Rights Bill 2024 impacts employers and businesses
    The government’s new Employment Rights Bill outlines significant changes to employment laws, focusing on workers' rights and flexibility.


    Read more
  • Business First Magazine
    Autumn/Winter 2024 Edition


    Read more
  • Non-Disclosure Agreements (NDAs): An Overview
    A Non-Disclosure Agreements (NDAs), also known as a Confidentiality Agreement, is a legally binding contract designed to protect confidential information. It is often used in employment or business settings. NDAs ensure that sensitive information rem


    Read more

What they say...

  • Sean Greathead, October 2024
    “Karen Cole has been superb in supporting us in dealing with some complex legal challenges. Her advice and guidance is timely, well communicated and provides direction on resolving the situations on hand. I would highly recommend Karen and the

  • Jonny Grossman, October 2024
    “Martin was everything I would expect a top solicitor to be. He was knowledgeable, responsive, supportive, calm, and overall an excellent professional to work with. I would use Martin and RIAA Barker Gillette again without hesitation. Sharon is

  • Carlo, September 2024
    “Very efficient. Maheen and Pippa were great, offered great advise and always available.” Family law and divorce

  • Tom Mulligan, September 2024
    “Charlotte and James did a very professional job, replied promptly to emails, usually within an hour, and were available to meet when necessary. Key though is their specific experience in these areas [LPA, Probate and Wills].” Wills, tax

  • Lucy, August 2024
    “Thank you for your support during the purchase of our first home.” Residential sales and purchases

Read more