Under England’s General Permitted Development Order (GPDO), you can build certain outbuildings in your garden without full planning permission, as long as they meet PD criteria.
These are
typically Class E buildings “incidental to the enjoyment of the
dwellinghouse,” like sheds, garages, home offices, or studios.
Key PD conditions include:
There may be local planning conditions such as being in a
conervation area, national park, or even having a covenant on your
house, amongst other reasons why this is not allowed. Keep reading to discover other Permitted Development requirements and conditions.
Crucially, PD for outbuildings does not
allow the structure to be a separate self-contained living unit.
Official guidance states that to be PD:
In other
words, you cannot use Class E rights to build a fully independent
“granny annexe” with its own bedroom, kitchen, and bathroom – that would
be considered a normal residential use requiring permission.
Even a garden room intended for occasional sleeping accommodation could fall outside PD if it’s essentially being used as primary living space. The government’s technical guidance gives examples:
'an outbuilding cannot be used for a “bedroom, bathroom, or kitchen” as primary accommodation under PD.'
If an outbuilding is to function as an annexe building (with sleeping
or living quarters), it is no longer just “incidental” to the main house
and would not be permitted development.
Associated Conditions of permitted Development:
If your annexe plans do qualify
as an incidental outbuilding (for example, a studio or office that
doesn’t form a self-contained dwelling), you must follow all PD
conditions. These include the height and placement rules noted above.
For certain designated areas (National Parks, AONBs, etc.) an
additional restriction: any outbuilding more than 20m from the house in
such areas can only be up to 10m² in footprint.
Also, under PD you cannot add:
If any PD
criterion cannot be met, or if the use isn’t purely incidental, you’ll
need to pursue a planning application for your annexe instead of relying
on PD.
Standard PD outbuilding rights only cover
structures for uses ancillary to the main house (a home gym, office,
storage, etc.), and even then may have been removed, or be overruled by
local conditions or planning conditions.
So if your
project involves genuine living accommodation (bedroom, bathroom, etc.),
plan to seek formal permission or an alternative route.
Please ask and we can put you in touch with a independent specialist garden annexe planning consultant.
Before we start, here is a massive disclaimer. We have written this article as a guide only. We are not planning consultants and we are not responsible for whether or not you are allowed to build in your garden and the information below is we hope a useful starting point. You MUST get an official okay from your council to be sure.
Not everyone knows that you are able to build a log cabin in your
garden without too much restriction, up to a point. There are a few
basic rules to adhere to when looking at building a log cabin in your
garden.
| Route | Pros | Cons |
|---|---|---|
| Permitted Development (Incidental Outbuilding via PD) |
|
|
| Planning Permission (Householder Application) |
|
|
| Mobile / Caravan Annexe (Ancillary mobile home under Caravan Act) |
|
|
Q. Why is not possible to use outbuildings to create new independent dwellings without gaining some form of local council consent first?
Well, to do so would be to establish separate building plots
needing planning permission. However, this does not prevent the use of
existing outbuildings for additional space, provided it is used in a
close association with - and not independently of - the main house. We
would always advise getting written consent from the planning authority
before embarking upon a project such as this however, as there may be
local rules and regulations that you need to be aware of first. For our
article on garden annex planning permission.
Note:
The advice on this page is an outline of permitted regulations.
It is important that you notify your planning authority of your
intentions and we would not advise you undertake the erection on an
annex without getting written consent from the council firstly, as there
may be local rules or restrictions that apply, that you need to comply
with first.
(Note from editor, If you're looking for a granny annex, please see our new section on granny annexes). There are few grey areas here.
It is always best to consult your local planning office to clarify this issue as many individual authorities have a different view of this.
Exceptions:
In some cases the local planning office will look favourably on a granny
annex even with both a bathroom and kitchen where there is seen to be a
need to support and look after elderly relatives in their final years,
it takes a burden away from the local council and saves them money. You
can in such circumstances have a condition of building the granny annex
that states that after the elderly relatives have past on that you will
decommission the kitchen and bring the building back to permitted
development status.
There are few exceptions to all of the above.
If you live in a conservation area then any building that is over ten cubic meters in size will need approval. Ten cubic meters is effectively any building more than two metres by two meters by two metres. So basically any building at all.
Similarly if you live in an area designated as an Area of Outstanding Natural Beauty then the same thing usually applies.
If the building will be situated in your garden whereby it is within five meters of a public highway and has cause to obstruct the line of vision then you will need to consult the highways authority and planning department.
In all cases these are general rules which in the vast majority of cases hold true but it is always worth checking with the local department or speaking to an independent planning consultant if you are not sure.
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