Permitted Development Rights

Understanding Permitted Development Rights for Garden Rooms in England

Garden rooms have surged in popularity in recent years as versatile extensions to living spaces. Whether you’re considering a home office, gym, art studio, or simply a tranquil retreat, a garden room can be an ideal solution. One of the key factors driving this trend is the concept of “permitted development rights,” which allow certain types of building work to be carried out without the need for planning permission. In this blog, we’ll delve into what permitted development rights are, how they apply to garden rooms in England, and the specific criteria your garden room must meet to qualify.

What are Permitted Development Rights?

Permitted development rights are a national grant of planning permission which allows certain building works and changes of use to be carried out without having to make a planning application. These rights aim to simplify the planning process, enabling homeowners to make improvements and alterations without the bureaucracy and costs associated with full planning permission.

Permitted Development Rights for Garden Rooms

When it comes to garden rooms, permitted development rights can significantly streamline the process. However, it’s crucial to understand and adhere to the specific criteria set out to ensure compliance. Here are the main conditions and limitations:

1. Use of the Garden Room:
   • The garden room must be incidental to the enjoyment of the dwellinghouse. This means it should be used for purposes related to the house, such as a gym, home office, or playroom, rather than as a separate living accommodation.
2. Location and Size:
   • Height: The garden room must not exceed a height of 4 metres if it has a dual-pitched roof, or 3 metres for other types of roofs. If the structure is within 2 metres of the property boundary, the maximum height is restricted to 2.5 metres.
   • Footprint: The total area covered by outbuildings and extensions must not exceed 50% of the total area of land around the original house. The “original house” refers to the house as it was first built or as it stood on 1 July 1948 if it was built before this date.
   • Proximity to Boundaries: Structures should not be located forward of the principal elevation of the original house.
3. Designated Land:
   • On designated land (including national parks, the Broads, Areas of Outstanding Natural Beauty, and World Heritage Sites), the permitted development rights are more restricted. For example, garden rooms situated on designated land must be sited to the side or rear of the house.
4. Listed Buildings:
   • If your property is a listed building, you will need to obtain listed building consent for any alterations, regardless of whether the work falls under permitted development rights.
5. No Raised Platforms:
   • The garden room should not include raised platforms, verandas, or balconies that are higher than 300mm above the ground.

Additional Considerations

While permitted development rights allow you to bypass the planning permission process, it’s still advisable to check with your local planning authority (LPA) before commencing work. This can help ensure that no local restrictions or Article 4 Directions (which remove certain permitted development rights) apply to your property. Furthermore, even if planning permission isn’t required, building regulations approval may still be necessary, particularly for larger structures or those intended for habitable use.

Further Thoughts

Building a garden room under permitted development rights can be a straightforward and efficient way to enhance your living space. By adhering to the criteria outlined above, you can avoid the complexities of planning permission and enjoy your new garden room with peace of mind. Always stay informed about local regulations and seek professional advice when in doubt to ensure your project runs smoothly and legally.
For more detailed information and to confirm the specifics applicable to your project, refer to the Planning Portal or consult your local planning authority. The home owner would need to do their research and to do the checks with the local council for the permitted development rights on the property the garden room is being built before the garden room commenced.

Mark, Black Oak Wood Co.