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Do You Need Planning Permission for a Garden Room, Shed or Fence in England?

Often you do not. In England, most garden rooms, sheds and fences on houses fall under "permitted development" rights, so they do not need planning permission as long as they stay within set limits, such as a 2.5 metre maximum height for an outbuilding within 2 metres of a boundary and a 2 metre maximum height for most fences. Flats, listed buildings, conservation areas and other protected land have tighter rules, so check before you build.

A garden office, a bigger shed or a new boundary fence can transform your outdoor space. This guide explains the main permitted development rules for outbuildings and fences, based on Planning Portal and GOV.UK guidance, and when building regulations apply as well.

What is permitted development?

Permitted development rights let householders carry out certain types of work without applying for planning permission. They come with conditions and limits. Stay within them and you do not need to apply. Go beyond them and you need planning permission.

These rights apply to houses. The Planning Portal is clear that the outbuilding allowances do not apply to flats or maisonettes, and they may also be restricted for some converted houses, homes created through certain change-of-use rights, or where a council has removed them using an Article 4 Direction or a planning condition. The rules in this guide are for England only. Wales, Scotland and Northern Ireland have their own systems.

Do you need planning permission for a garden room or shed?

Sheds, summerhouses, garden offices, greenhouses and similar buildings are classed as outbuildings. According to the Planning Portal, an outbuilding on a house is permitted development, so needs no planning application, if it meets all of these limits:

RulePermitted development limit
PositionNot on land in front of the wall forming the principal elevation (usually the front of the house)
StoreysSingle storey only
Eaves heightMaximum 2.5 metres
Overall heightMaximum 4 metres with a dual-pitched roof, or 3 metres for any other roof
Within 2 metres of a boundaryMaximum overall height of 2.5 metres
Verandas, balconies and platformsNone allowed; any raised platform must be no more than 0.3 metres high
Garden coverageOutbuildings and extensions together must cover no more than half the land around the original house
UseNot to be used as separate, self-contained living accommodation

The 2.5 metre limit within 2 metres of a boundary catches many people out. Garden rooms are often placed at the end of the garden, close to the back fence, so a pitched roof that would be fine in the middle of the lawn may be too tall there. A flat or shallow roof is a common way to stay within the limit.

"Original house" means the house as it was first built, or as it stood on 1 July 1948 if it was built before then. Earlier extensions and outbuildings, even ones built by previous owners, count towards the 50% coverage limit.

What if you live in a conservation area or a listed building?

The rules are stricter on "designated land", which includes conservation areas, National Parks, the Broads, Areas of Outstanding Natural Beauty (AONBs) and World Heritage Sites. The Planning Portal says that on designated land:

  • outbuildings at the side of a property need planning permission
  • in National Parks, the Broads, AONBs and World Heritage Sites, the total area of buildings, enclosures, containers and pools more than 20 metres from the house is limited to 10 square metres

If your home is a listed building, any outbuilding within its grounds needs planning permission. Listed building consent may also be needed, so speak to your council's conservation team first.

Can you use a garden room as an office, gym or bedroom?

A home office, studio, gym or hobby room used by the household is generally treated as an ordinary outbuilding use. Permitted development does not cover use as separate, self-contained living accommodation, such as an annexe with its own kitchen and bathroom that someone lives in independently. That normally needs planning permission. The Planning Portal has a separate guide on garden annexes if that is your plan.

Do garden rooms need building regulations approval?

Planning permission and building regulations are separate. Planning is about how a building looks and affects its surroundings, while building regulations deal with safety and construction. The Planning Portal says that for a detached outbuilding:

  • Under 15 square metres of floor area: building regulations will not normally apply, provided it contains no sleeping accommodation.
  • 15 to 30 square metres: you will not normally need approval, provided it contains no sleeping accommodation and is either at least 1 metre from any boundary or built substantially of non-combustible materials.

Larger buildings, or any outbuilding with sleeping accommodation, are likely to need building regulations approval. If you are adding a bathroom, a heating system or significant electrics, check with your local building control body or use tradespeople registered with a competent person scheme.

Do you need planning permission for a fence, wall or gate?

Fences, walls and gates are also covered by permitted development. The Planning Portal says you need planning permission if:

  • the new fence, wall or gate would be over 1 metre high and next to a highway used by vehicles, or the footpath of such a highway
  • it would be over 2 metres high anywhere else
  • your house is a listed building, or the fence forms a boundary with a neighbouring listed building or its grounds
  • your permitted development rights for fences have been removed by an Article 4 Direction or a planning condition

Heights are measured from ground level. You can usually maintain or alter an existing fence that is already over these limits, as long as you do not make it any taller. In a conservation area, you may also need permission to take down a fence, wall or gate.

Hedges do not need planning permission themselves, but the Planning Portal notes that a planning condition or covenant restricting planting, such as on an open-plan estate or where drivers need clear sight lines, may mean you need permission or other consent.

How can you be sure before you build?

  1. Check whether your home is a house, flat or maisonette, and whether it is listed.
  2. Ask your council whether you are in a conservation area or other designated land, or covered by an Article 4 Direction.
  3. Check your property's planning history for conditions that removed permitted development rights.
  4. Read your title deeds for any covenants about outbuildings or fences.
  5. Measure heights, distances to boundaries and how much of the garden is already built on.
  6. If you want certainty, apply to your council for a Lawful Development Certificate.

A Lawful Development Certificate is not planning permission, but it confirms that a proposed project is lawful. According to GOV.UK, if you build something that needed permission without getting it, the council can serve an enforcement notice requiring you to undo the work.

Frequently asked questions

How close to my boundary can I build a shed?

You can build right up to the boundary under permitted development, but within 2 metres of it the outbuilding must be no more than 2.5 metres high overall. For buildings of 15 to 30 square metres, building regulations may also apply unless it is at least 1 metre from the boundary or built substantially of non-combustible materials.

Can I put a 2 metre fence in my front garden?

Not under permitted development if it is next to a road used by vehicles or that road's footpath, where the limit is 1 metre. Elsewhere the limit is 2 metres. Above these heights, you need planning permission.

Do I need planning permission for a garden room in a flat's garden?

Usually yes. Householder permitted development rights for outbuildings apply to houses, not flats or maisonettes, so check with your council before building.

Sources

General information only. It covers England and is not legal advice. Planning rules can change and local restrictions may apply, so always check with your local planning authority before you start work.

H&H
Hearth & Home Journal editorial team

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