Do you need planning permission for An Outbuilding?

Outbuildings can often be built under permitted development meaning they do not require planning permission if it meets all the necessary criteria and there are no constraints that limit or remove your permitted development rights. If there are any constraints that remove your permitted development rights then everything requires planning permission, even if it meets the criteria for permitted development.

Permitted development rights for outbuildings only apply to houses but not to flats and maisonettes, so all flats and maisonettes will require full planning permission.

Providing there are no hidden constraints outbuildings are considered to be permitted development, not needing planning permission, subject to the following limits and conditions:

• No outbuilding on land forward of a wall forming the principal elevation.
• Outbuildings and garages to be single storey with maximum eaves height of 2.5 metres and maximum overall height of four metres with a dual pitched roof or three metres for any other roof.
• Maximum height of 2.5 metres in the case of a building, enclosure or container within two metres of a boundary of the curtilage of the dwellinghouse.
• No verandas, balconies or raised platforms (a platform must not exceed 0.3 metres in height).No more than half the area of land around the “original house”* would be covered by additions or other buildings.
• In National Parks, the Broads, Areas of Outstanding Natural Beauty and World Heritage Sites the maximum area to be covered by buildings, enclosures, containers and pools more than 20 metres from the house to be limited to 10 square metres.
• On designated land* buildings, enclosures, containers and pools at the side of properties will require planning permission. Within the curtilage of listed buildings any outbuilding will require planning permission.

The term “original house” means the house as it was first built or as it stood on 1 July 1948 (if it was built before that date). Although you may not have built an extension to the house, a previous owner may have done so which is why it is important that we check the planning history for the property.

For any outbuilding that is likely to be considered permitted development, a lawful development certificate is recommended. This the only way to get a legal determination that your outbuilding is permitted development.

A Lawful development certificate will likely be required should you ever sell the property in future and perhaps most importantly it protects you from retrospective planning issues and enforcements.

Ultimately, it is the planning officer assessing your application who will make the legal determination and either approve or reject your application. If your application for a lawful development certificate is rejected then an application for full planning permission would be required.

If there are any hidden constraints that limit or remove your permitted development rights, full planning permission may be required even if your project complies with all the permitted development criteria.

Building regulations approval may also be required once planning permission is approved, depending on the extent of the works.

If you would like to find out what is required for your outbuilding, the likelihood of success or the costs associated with applying for planning permission please contact us to speak with one of our expert planning consultants today.