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Class E: Commercial hard surfaces for business premises
If the building is in Use Class E, or is used as a drinking establishment, a drinking establishment with expanded food provision, or a hot food takeaway, Class E may allow a hard surface or hard standing within its curtilage. The right also allows the whole or partial replacement of an existing hard surface.
The 50 square metre limit is cumulative. The total ground covered by hard surfaces within the curtilage, excluding surfaces already existing on 6th April 2010, must not exceed 50 square metres. Class E is not available within the curtilage of a listed building.
Where there is a risk of groundwater contamination, the hard surface must not be porous. In all other cases it must either be porous, or the run-off must be directed to a permeable or porous area or surface within the curtilage. Class E has no prior approval procedure.
For other hard surfaces: if you have a residential property, please see Class F of Part 1; For schools, universities or hospitals see Class N of this part; For industrial and warehouses see Class J of this part.
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Commercial hard surface legislation
Class E – hard surfaces for commercial, business or service etc premises
Permitted development
E. Development consisting of—
(a) the provision of a hard surface within the curtilage of a building used for a purpose falling within one of the following provisions of the Use Classes Order—
(i) article 3(6)(p) (drinking establishments etc);
(ii) article 3(6)(q) (drinking establishment with expanded food provision);
(iii) article 3(6)(r) (hot food takeaway); or
(iv) Class E (commercial, business and service) of Schedule 2; or
(b) the replacement in whole or in part of such a surface.
Development not permitted
E.1 Development is not permitted by Class E if—
(a) the cumulative area of ground covered by a hard surface within the curtilage of the premises (other than hard surfaces already existing on 6th April 2010) would exceed 50 square metres; or
(b) the development would be within the curtilage of a listed building.
Conditions
E.2 Development is permitted by Class E subject to the following conditions—
(a) where there is a risk of groundwater contamination, the hard surface is not made of porous materials; and
(b) in all other cases, either—
(i) the hard surface is made of porous materials, or
(ii) provision is made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the undertaking.
Current legislation: Part 7 of Schedule 2 on legislation.gov.uk
Commercial hard surface Page Updated: 23rd September 2026