Outbuildings incidental to the enjoyment of a dwellinghouse
Do I need permission to build a garage, shed or office in my garden? ‘I need an outbuilding as I have outgrown the house!’
The good news is that for most people you can build that structure in the garden as long as you keep to a few simple rules. The most important being up to 50% of your curtilage for additions (including extensions) and a maximum height of 2.5m if within 2m of a boundary. Other requirements are shown below.
This is Class E of Part 1 of the GPDO.
When we talk about outbuildings – think of sheds, home office, swimming pools, gyms, kennels, stables for domestic animals. etc. that are to be used by those living in the house. But any outbuilding or shed should be for the use of the residents and be in proportion to the dwelling. If the house is 100 sq m and the outbuilding 75 sq m, would that be too large for the residents, even if less that 50% of the garden is used?
“Height” – references to height is the height measured from ground level. Note, ground level is the surface of the ground immediately adjacent to the building in question and would not include any addition laid on top of the ground such as decking. Where ground level is not uniform (for example if the ground is sloping), then the ground level is the highest part of the surface of the ground next to the building.
Outbuildings could also include playhouses, pergolas, greenhouses, garages, ponds, sauna cabins, tennis courts and many other kinds of structures for a purpose incidental to the enjoyment of the dwellinghouse. A complete range of external uses in the garden of a home.
The actual legislation refers to buildings. According to Article 2 of the GPDO a ‘building’ is any structure or erection. Decking is considered an outbuilding, however the height of this cannot exceed 300mm. See height above for how this is measured.
There are only a few basic limitations to outbuildings. You can only cover 50% of the curtilage of the original house, either when built or on 1st July 1948. This maximum includes any other extensions, sheds, decking etc and not just outbuildings.
Depending upon the size of your outbuilding or shed you might require building regs. As long as you do not have sleeping accommodation and is under 15 sq m, then you will not normally need building regs. If the outbuilding is between 15 sq m and 30 sq m and more than 1m from the boundary again you ought to be fine again if it doesn’t contain sleeping accommodation. But you might require it for elements of the outbuilding within these sizes. Outbuildings or sheds larger than 30 sq m, will require building regs. If in doubt check with Building Control.
Note that outbuildings can only be single storey – believe it or not a two storey playhouse for the children will require planning permission!!
Removal of Class E rights for an outbuilding
As with any permitted development right, this permission could be withdrawn due to an Article 4 or a restriction placed by a previous planning decision. If you have a new build, please check the original planning permission as sometimes rights are removed even before the house is built.
If permission has been removed, you might be able to apply for the removal of the condition, via a S73 application. Planning Geek can help with that.
Class E rights are automatically removed if the property consists of one or more flats. This is not defined as a dwellinghouse.
Outbuildings are automatically excluded from listed buildings and their curtilage. Such structures will require planning permission.
Alteration of an outbuilding
Class E allows for the alteration of an outbuilding in the curtilage. A recent Inspectorate decision – APP/Z0116/X/23/3331564 – confirmed that the replacement of a roof covering, cladding, replacement windows etc., would be covered by Class E of Part 1 of the GPDO. The inspector said ‘Class E(a) of Part 1 of Schedule 2 of the GPDO allows the provision within the curtilage of the dwellinghouse of “any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse as such, or the maintenance, improvement or other alteration of such a building or enclosure.” (my emphasis) ‘
This was an application for a certificate of lawfulness to confirm whether such alterations were included.
The important factor here, was that there was no evidence to prove whether the outbuilding had been erected under Class E – that wasn’t important in the inspectors eyes. He went on to say ‘Therefore, as I have concluded that the appeal building is within the curtilage of the dwellinghouse, and I find that the proposal would not conflict with any relevant limitation set out in paragraph E.1 of the GPDO, the external alterations would be permitted development. I have no information to show that the garage was constructed under Class E, however Class E also applies to alterations of a building within the curtilage of a dwellinghouse.’
Outbuildings in Conservation areas
You can erect a shed, garage or any other outbuilding in a conservation area.
What you must avoid is the area between the side of the property and the boundary. If you wish to erect a garage to the side of a property in a conservation area, you will require planning permission. Planning Geek can help with that. Otherwise move it to behind the house and you are fine.
The actual legislation says ‘in a conservation area, development is not permitted by Class E if any part of the building, enclosure, pool or container would be situated on land between a wall forming a side elevation of the dwellinghouse and the boundary of the curtilage of the dwellinghouse’ – therefore this includes both the original and any subsequent rear extensions. If the outbuilding came before the rear extension, you should be fine. But please keep evidence. Note that as this is the land between a side elevation and the boundary, it does not include any land behind the house, even if it is in line with the side of the house.
Note that these rules also affect outbuildings in National Parks, The Broads, National Landscapes (AONB) and World Heritage SItes.
Curtilage / Garden Land
Any outbuilding must be erected within the curtilage of the property.
The curtilage is the land surrounding the property which is used for the benefit of those living in the house. This might include driveways, lawns, stables (for domestic animals), vegetable patch etc. It is unlikely to contain land that is separate, or paddocks etc., which are not considered part of the dwelling even though they may be linked. A recent court case ruled that land separate from the main garden was not part of the curtilage even though it was used by the family as their ‘garden’. This often applies when the garden is on the other side of a public road. So be careful where you put that shed or outbuilding,
Any land that has been acquired over time, perhaps from fields, is likely to be garden land. Importantly you cannot erect an outbuilding on garden land or indeed agricultural land, It must be within the curtilage of the dwelling house.
In order for land to change from say agricultural to garden land will require planning permission for change of use. It is only beyond enforcement after 10 years. If you have items previously erected on other land outside of the curtilage, it needs to exist for 10 years before it is safe from enforcement.
Please see our page on curtilage for more information.
The front garden!
You cannot erect an outbuilding on any land that is forward of the principal elevation. This is usually, but not always, the front garden. If the property is built at right angles, this land might be to the ‘side’ when looking from the road. On an older cottage, which has been built with the rear to the road, you may find that a large chunk of the garden is out of bounds!
Please see this page on the principal elevation and how to confirm which it is. In the event of a dispute with the local authority it is good to know.
However for many dwellings this is obvious. Note that items such as bin or bike stores in the front garden will be considered outbuildings and therefore need planning permission.
Limits and restrictions on outbuildings
Outbuildings or sheds etc. are considered to be permitted development, not needing planning permission, subject to the following limits and conditions:
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– No outbuilding on land forward of a wall forming the principal elevation – No verandas, balconies or raised platforms on outbuildings or sheds
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Also see Permitted development rights for householders – Technical Guidance
How Planning Geek can help
If you find that your outbuilding does require planning, perhaps due to the land designation or removal of Class E rights on a previous planning decision, Planning Geek can assist with obtaining planning permission.
You are welcome to fill in our form here. Please note that if you do not get planning, your structure will be liable for enforcement for 10 years.
If enforcement have questioned an outbuilding, please make contact as we can often assist. You might want to initially book a Zoom call with Ian, the founder of Planning Geek. He can give expert guidance upon what to do next.
Legislation
Class E – buildings etc incidental to the enjoyment of a dwellinghouse
Permitted development
E. The provision within the curtilage of the dwellinghouse of—
(a) any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse as such, or the maintenance, improvement or other alteration of such a building or enclosure; or
(b) a container used for domestic heating purposes for the storage of oil or liquid petroleum gas.
Development not permitted
E.1 Development is not permitted by Class E if—
(a) permission to use the dwellinghouse as a dwellinghouse has been granted only by virtue of Class G, M, MA, N, P, PA or Q of Part 3 of this Schedule (changes of use);
(b) the total area of ground covered by buildings, enclosures and containers within the curtilage (other than the original dwellinghouse) would exceed 50% of the total area of the curtilage (excluding the ground area of the original dwellinghouse);
(c) any part of the building, enclosure, pool or container would be situated on land forward of a wall forming the principal elevation of the original dwellinghouse;
(d) the building would have more than a single storey;
(e) the height of the building, enclosure or container would exceed—
(i) 4 metres in the case of a building with a dual-pitched roof,
(ii) 2.5 metres in the case of a building, enclosure or container within 2 metres of the boundary of the curtilage of the dwellinghouse, or
(iii) 3 metres in any other case;
(f) the height of the eaves of the building would exceed 2.5 metres;
(g) the building, enclosure, pool or container would be situated within the curtilage of a listed building;
(h) it would include the construction or provision of a verandah, balcony or raised platform;
(i) it relates to a dwelling or a microwave antenna;
(j) the capacity of the container would exceed 3,500 litres; or
(k) the dwellinghouse is built under Part 20 of this Schedule (construction of new dwellinghouses).
E.2 In the case of any land within the curtilage of the dwellinghouse which is within—
(a) an area of outstanding natural beauty;
(b) the Broads;
(c) a National Park; or
(d) a World Heritage Site,
development is not permitted by Class E if the total area of ground covered by buildings, enclosures, pools and containers situated more than 20 metres from any wall of the dwellinghouse would exceed 10 square metres.
E.3 In the case of any land within the curtilage of the dwellinghouse which is article 2(3) land, development is not permitted by Class E if any part of the building, enclosure, pool or container would be situated on land between a wall forming a side elevation of the dwellinghouse and the boundary of the curtilage of the dwellinghouse.
Interpretation of Class E
E.4 For the purposes of Class E, “purpose incidental to the enjoyment of the dwellinghouse as such” includes the keeping of poultry, bees, pet animals, birds or other livestock for the domestic needs or personal enjoyment of the occupants of the dwellinghouse.
Updated: 7th October 2024