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

  • Family mediation and child arrangements
    What to do when you separate and there is no agreement in place for the children?


    Read more
  • Is your business acquisition ready?
    Is your business ready for an acquisition? Learn key considerations from corporate lawyer Evangelos Kyveris at RIAA Barker Gillette, including growth strategy alignment, financial readiness, logistical preparation, and professional assistance for a s


    Read more
  • Preventing sexual harassment
    Employers are facing a pivotal moment as they brace for new regulations regarding sexual harassment set to take effect in October 2024.


    Read more
  • Why employers need a reflective response to employee beliefs
    Recent tribunal judgments on the freedom to express gender-critical views highlight the growing challenge for employers in safely navigating discrimination in the workplace in the face of increasingly complex social attitudes.


    Read more
  • A spotlight on child arrangements in the UK
    Celebrating National Children’s Day.


    Read more

What they say...

  • Georgina, July 2024
    “We used Peter Wright to act as a conveyancing solicitor in a recent house purchase. We found him approachable, affordable, would return calls, give any necessary advice without being intrusive, and was very thorough in all investigations on th

  • Oggy, July 2024
    “An excellent, professional and importantly, symapthetic service imparted to me from Karen at a most stressful time.” Employment

  • Sarah and Luke Oubridge, July 2024
    “We could not be more happy with the service provided by Herman and his team. From start to finish, we felt listened to, understood and also shared a laugh. Huge thanks.” Wills, tax and trusts

  • Tim Blunn, June 2024
    “My Solicitor (Patrick Simpson) was easy to speak to and very informative throughout my case. I would 100% recommend RIAA Barker Gillette (UK) LLP for employment related issues.”

  • Sabrina, June 2024
    “…mentioned a few complex areas and I appreciated the honesty and clear guidance provided. I would recommend [Pippa Marshall] highly.” Family law – prenup advice

Read more
Send this to a friend