Permitted development for outbuildings can provide homeowners with a convenient way to add useful structures to their property without submitting a full planning application. Sheds, garden offices, garages, summerhouses and other detached buildings may qualify for permitted development, provided they meet the relevant planning conditions and limitations.
However, permitted development does not mean that every outbuilding can automatically be constructed without planning permission. The size, height, position, intended use and location of the proposed structure must all be considered. For example, an outbuilding used as a home office or storage space may be treated differently from one intended to provide independent living accommodation. Properties in conservation areas and other designated locations can also be subject to additional restrictions.
Understanding the applicable rules before beginning work can help homeowners avoid unnecessary planning problems and ensure that their proposed outbuilding is designed appropriately. Studio Charrette can support homeowners with planning assessments, architectural drawings, permitted development advice and applications where planning permission or other approval is required.
What Is an Outbuilding?
An outbuilding is generally a detached structure within the curtilage of a house that is used for a purpose incidental to enjoying the dwellinghouse. Common examples include:
- Garden sheds.
- Garages.
- Summerhouses.
- Garden offices.
- Greenhouses.
- Workshops.
- Playhouses.
- Storage buildings.
- Garden studios.
The permitted development rules can apply to a broad range of structures, but the proposed use remains important. An outbuilding intended for ordinary domestic purposes may fall within the relevant permitted development rights, whereas a building being used as a separate dwelling may not. The Planning Portal confirms that the rules for outbuildings cover structures such as sheds, garages, greenhouses and other ancillary garden buildings, provided they serve a purpose incidental to the enjoyment of the dwellinghouse.
Does Permitted Development Apply to Outbuildings?
In England, certain outbuildings can benefit from permitted development rights under Class E of Part 1 of Schedule 2 to the General Permitted Development Order. These rights allow certain buildings and enclosures within the curtilage of a house to be constructed without a planning application, provided all applicable conditions are satisfied.
However, these rights generally apply to houses rather than flats or maisonettes. They can also be affected by planning conditions, Article 4 Directions, listed building status and the property’s location. This means that homeowners should not rely solely on the fact that a proposed structure is small. The complete proposal needs to be assessed against the relevant permitted development rules.
Key Permitted Development Rules for Outbuildings
Several important requirements should be considered when planning an outbuilding.
Location Within the Garden
The position of the outbuilding can affect whether it qualifies as permitted development. Where an outbuilding is located forward of a wall forming the principal elevation of the original house, the permitted development rules may prevent it from qualifying. This makes the relationship between the proposed structure and the original house particularly important.
Coverage of the Curtilage
The total ground area covered by buildings, enclosures and containers within the property’s curtilage is also relevant. Under the householder permitted development rules, buildings and other structures covered by Class E must not result in more than 50% of the total area of the curtilage being covered, excluding the ground area of the original dwellinghouse. This means that previous extensions and existing garden structures should be considered before designing a new outbuilding.
Height Requirements
The height of an outbuilding is another important consideration. Where the building is within two metres of the boundary of the curtilage, the maximum overall height is generally restricted to 2.5 metres. Where the structure is located further from the boundary, different maximum height limits can apply depending on the type of roof. The exact measurements should therefore be checked carefully during the design stage.
Purpose of the Building
The proposed use is one of the most important considerations. A garden building used as a workshop, storage area or home office may potentially be considered incidental to the enjoyment of the dwellinghouse. However, using an outbuilding as an independent home with separate living accommodation can create a different planning situation. The Planning Portal specifically notes that the outbuilding permitted development rules do not cover separate self-contained living accommodation.
Can You Build a Garden Office Under Permitted Development?
Garden offices have become increasingly popular as homeowners look for dedicated working spaces away from the main house. A garden office can potentially fall within permitted development rights where it is designed and used for a purpose incidental to the enjoyment of the dwellinghouse. However, the design still needs to comply with the relevant limitations. This can include restrictions relating to:
- Position.
- Height.
- Ground coverage.
- Overall dimensions.
- External appearance.
- Intended use.
Building regulations may also need to be considered depending on the size, construction and intended use of the building. A professional design assessment can help determine whether the proposed garden office is suitable for the available space and planning position.
Can an Outbuilding Be Used as a Bedroom?
This is an area where homeowners should be particularly careful. Permitted development rights for outbuildings are intended for buildings serving purposes incidental to the enjoyment of the house. They do not generally provide a route for creating separate self-contained residential accommodation. A building designed as a garden annexe or independent living unit may therefore require planning permission depending on its proposed use and circumstances. Even where a building contains facilities such as heating, insulation or electricity, the planning position depends on how the building is intended to function. If the objective is to create additional accommodation, it is important to establish the appropriate planning route before construction begins.
Outbuildings on Designated Land
Additional restrictions can apply to properties located in designated areas. These can include:
- Conservation areas.
- National Parks.
- Areas of Outstanding Natural Beauty.
- World Heritage Sites.
- The Broads.
For example, the Planning Portal states that outbuildings positioned to the side of a house are not permitted development on designated land under the relevant rules. Outbuildings within the grounds of a listed building are also excluded from these permitted development rights. This makes location an important part of the initial assessment.
Outbuildings and Listed Buildings
If your property is listed, permitted development rights should not be assumed to apply in the same way as they would for an ordinary house. Even where planning permission may not be required for a particular element of work, listed building consent can be relevant. Listed buildings have additional controls intended to protect their architectural and historic significance. A proposal involving a listed property should therefore be assessed carefully before work begins.
Do Flats Have Permitted Development Rights for Outbuildings?
The householder permitted development rights covering many common domestic projects generally do not apply to flats and maisonettes. The Planning Portal specifically states that the permitted development allowances for common householder projects do not apply to flats and maisonettes. If you live in a flat and are considering constructing an outbuilding or altering an external area, you should establish what permissions are required before proceeding. The ownership structure of communal land can also create additional practical considerations.
Do You Need a Lawful Development Certificate?
A Lawful Development Certificate can provide formal confirmation that proposed works are lawful and do not require planning permission. While obtaining a certificate is not always compulsory where development genuinely falls within permitted development, it can provide useful evidence of the property’s planning position. This may be particularly valuable when selling the property or dealing with future buyers, lenders or solicitors. The application normally requires sufficient information to demonstrate that the proposed development satisfies the applicable permitted development requirements. Accurate architectural drawings can therefore be an important part of the process.
Outbuildings and Building Regulations
Planning permission and building regulations are separate matters. An outbuilding can qualify as permitted development while still being subject to building regulations requirements. The building regulations position depends on factors including the size, construction and intended use of the building. For example, small detached buildings may benefit from certain exemptions. Planning Portal guidance states that small detached buildings can generally avoid Building Regulations approval where the floor area is below 15 square metres and there is no sleeping accommodation. Different provisions apply to larger structures. It is therefore important to consider both planning and building regulations before construction.
Common Mistakes to Avoid
Homeowners can encounter planning difficulties when they assume an outbuilding automatically qualifies as permitted development. Common mistakes include:
- Ignoring previous extensions and existing structures.
- Exceeding the permitted height.
- Building too close to a boundary.
- Positioning the structure incorrectly.
- Using the building as independent accommodation.
- Failing to check Article 4 restrictions.
- Ignoring listed building requirements.
- Starting construction without confirming the planning position.
- Assuming permitted development removes building regulations requirements.
These issues can potentially result in enforcement action or costly alterations.
How Studio Charrette Can Help
Studio Charrette provides planning and architectural services for homeowners considering outbuildings and other residential developments. Our support can include:
- Permitted development assessments.
- Planning advice.
- Architectural design.
- Existing and proposed drawings.
- Lawful Development Certificate applications.
- Planning applications.
- Building regulations drawings.
- Building Control support.
Our team can assess your proposed outbuilding and help determine the most appropriate route based on the property’s characteristics and intended use. Whether you are planning a garden office, workshop, garage, studio or another detached structure, professional support can help you develop a practical design while addressing the relevant planning requirements.
Plan Your Outbuilding with Confidence
Permitted development for outbuildings can provide homeowners with a useful route for creating additional space without a full planning application. However, the rights are subject to detailed conditions relating to location, height, coverage, design and use. The proposed structure must also be considered alongside the property’s planning history, previous development and any restrictions affecting the site.
Obtaining professional advice before construction can help establish whether your proposal qualifies and identify any additional approvals that may be required. Studio Charrette can support homeowners from the initial assessment through architectural design, permitted development advice and relevant planning applications.
Planning an outbuilding? Contact Studio Charrette to discuss your proposal and find the right planning and architectural route for your project.
Frequently Asked Questions
Can I build an outbuilding without planning permission?
An outbuilding may be permitted development if it satisfies all the relevant conditions and limitations. Restrictions can apply depending on the property’s location, type and planning history.
How big can an outbuilding be under permitted development?
The permitted dimensions depend on several factors, including its location within the garden, height and relationship with the property. The full Class E requirements should be checked before construction.
Can I use my outbuilding as a home office?
A home office may be possible where the building remains incidental to the enjoyment of the dwellinghouse and satisfies the permitted development requirements.
Can I use an outbuilding as separate accommodation?
Separate self-contained living accommodation is generally outside the scope of the householder’s outbuilding permitted development rights and may require planning permission.
