Garden structures Ltd Chester UK

Planning Permission & Building Regulations for Outbuildings Garden Studios, Garden Offices, Garden Rooms, Garden Buildings, Outdoor Kitchens and Granny Annexes and Accommodation Buildings for family members

Will planning permission be required to do this?

Granny Annexe   PD compiant curved roof

You found it! Here is all the information needed to answer the question - Do I need planning permission for my Garden Building project or Annexe and what about Building Regulations?

"It is very very important to understand that Building Regulations and Planning Permission are two completely separate subjects". I cannot emphasise this enough so here it is again Do not confuse these two things if you want to build something under 30sqm building regulations may not apply (see table below). If you want to build something more than 30 sqm then building regulations will apply. The cost of compliance with full submission building regulations adds between 10-30% to your project.

This document applies to all types of Garden Rooms and outbuildings from Garden Sheds to Granny Annexes and sleepover buildings. (accommodation buildings). Prepared and updated regularly by Richard Grace (update 22/07/2014). How can it be so up to date? Well it takes me just a few seconds to update it - thats why! Want to know more about this - see www.calfpath.co.uk my personal web and favourite poem. - It is not really new stuff but finding the right delivery staff takes time!-please be patient if you want to speak to me.

There have been very significant developments on a now completed Granny Annexe planning application you can see documented on my blog (top left) the 6+ month battle for planning ended 07/01. A break-through which may change the whole approach.

Javier Galan joined us on the accommodation building project in January this year as Project Design Engineer "our plan is to expand carefully this important part of this business.

I have introduced a package planning application service for accommodation buildings which includes: Site visit, preparation of drawings/specifications, initial costing proposal, submission of plans and liasion between local planners and yourself the client. Our charge for this is £400 + disbusments (purchase of maps and the planning authority fee). The process takes about 18 weeks from site visit to decision.

I guess it's no surprise that this is our most visited web page. If you are considering building something a bit more than a shed in your garden you will want to know about this subject. Over my 11 years in this business I must have been involved in answering most of your questions throughout every part of the UK. In the last 12 months there have been 57,203 visitors here spending on average more than 6.8 minutes. You are not alone!April 2014 was another record month!

For free Garden Office, Garden Studio or Granny Annexe sample plans and clear information about how to negotiate the "minefield yourself" email richard@aarco.co.uk with brief description of your project. Specific questions answered by email free. Our DIY kits bespoke full build and consultancy services are available nationwide. Full service available including site survey, planning application management and full set of drawings / specifications and costings from £700 UK wide.

Read on - Here is a mass of free information about planning permission and Building Regulations for Garden Buildings. Right here and right up to date - Addressing one of the most important questions that everyone asks - you have found it!

Latest News on Council Tax and Granny Annexe Planning

Recent news: Eric Pickles annonces help for families wishing to provide Granny Annexe accommodation. The help will be in the form of re-imbursing councils for loss of council tax on new dwelling units. This will go a long way towards freeing up the objections councils have for this type of accommodation. You can see the government announcement here. goverment statement on Granny annexes and family accommodation accommodation .

The PD new changes became law 30th May Info below has been changed and is right up to date. For info about house extensions and Garage Conversions see: "Planning portal latest update here-(class E applies)- updated technical guidance Recent new changesto further streamlining the planning process came into force on 25 June last year.

My comments after studying all the recent changes:

It is interesting that these new changes reinforce a softening in the approach to accommodation for elderly relatives or teenagers. It does however make it clear that additional accommodation for rental "beds in sheds" is not included. Having studied the changes my conclusion is that our government is recognising that families are wanting to extend and change without having to move. This can only be good news for those wishing to develop their existing home and of course for small builders. The introduction of a "neighbour consultation scheme" makes a lot of sense.

Previous News on Granny Annexes (see above)

Eric Pickles (Government Communities Secretary) originally made a statement last June about the intentions to make it easier to obtain permissions to develop living annexes as part of your own home. This was driven by the economic need to provide more housing. The proposals seemed at the time to represent a whole lot of common sense and aimed at benefitting families considering options for elderly care. It is now real and filtering to the planning regime which traditionally catches up slowly.

In any case the debate has ended and at least these new changes somewhat reflect the trend shown by enquiries and questions received from readers of this page. There are a lot but we are gearing up to handle demand (apologies to anyone who has had to wait - sorry).

Clarification regarding granny annexes in particular. I understand there may be some confusion, but so long as they are still within the size constraints of the garden out-buildings set out in Class E of the GPDO, the use of the outbuilding as a granny-annex is not relevant. The test is whether the use of the proposed outbuilding is incidental to the use of the house. So long as it is an annexe ( ie essentially another room of your house), and not a separate dwelling (or other use that might create a separate planning unit), it is permitted development. Permitted development rights are reduced slightly by being in Conservation Areas only (ie article 1(5) land); location within green belt is irrelevant.

Our government does want planning to be easier as part of their economic strategy.

This page concentrates on planning and building regulations for detached back garden buildings of any type including garden studios for living / Sleeping over.

Our own business is designing and building. We also provide Planning consultancy to clients in the reseach phase of a project.

Free Plans Garden Studios, Granny Annexes and Garden Accommodation Buildings

Searches and enquiries about accommodation buildings in particular Granny Annexe type buildings are growing fastest. We have prepared seventeen example plans for buildings of which provide full accommodation facilities at project cost between £27,000 and £62,000 (depending on spec). If you would like to receive 3 of these plans (FREE) + specific info about process - send me an email at richard@aarco.co.uk Please state brief description free documents available in pdf. Editable documents are available for £150 each.

Buildings from Sheds to Annexes for leisure, work or accommodation

This document is written / updated and designed specificallyto help you interpret the planning rules governing developments in and around your garden. To see the government paper and mini-guide without our comments + other sources please follow the links in the side bar.

You are welcome to email with any questions regarding planning or building regulations direct to richard@aarco.co.uk or call me on 01244 679502

To read about running a business from home in a garden building - legislation, taxation change of use etc. see  the Running-a-Business-at-Home link.

Many people spend more than 15 minutes reading this page if you would like it in pdf format please email richard@aarco.co.uk. (ask for planning document in pdf)

About the permitted development rules 2008 (planning)

Planning rules remain ambiguous and subject to local interpretation particularly in relation to size, eaves height and proximity to your boundary. For buildings up to 30 sq. m planning permission is often not required.

In some cases it is better to apply for permission or obtain a "letter of conformity" - rather than take a risk or accept a design simply to comply with an interpretation of the "permitted development" rules. If you wish to make a planning application or seek a letter of conformity we are able to assist. The process has been made somewhat easier as all authorities accept on-line applications through the planning portal which works well (and recently passed more than 1 million applications).  "Well done guys this has saved an enormous amount of paper" in their words:
  • "if stacked up would be more than four times higher than the world's tallest building, the Burj Khalifa in Dubai, or the same height as seven Empire State Buildings with Canary Wharf on top"

We are experienced users of the planning portal and can confirm it works well.

Another important note - probably the most important.

By far the most important planning issue remains - "how your project will effect your neighbours". You simply need to ask yourself it the building and its intended use is reasonable and does not affect your neighbours enjoyment of their own property. You should consider carefully traffic patterns, noise and blockage of light (ask yourself if it is reasonable development) and talk with your neighbours. Put simply if you have a problem with planning permission it is usually a neighbour issue. In every application neighbours are consulted and it is the duty of planners to take this int account. (makes sense! you have these rights about development they wish to make and we all live in an open democracy.

Here are the 2008 Permitted Development rules and how they apply currently to building in your garden - Government statements in green  my comments follow in black and are regularly updated

How to use this section

The comments are written by Richard Grace our Project Director, qualified by communications with planners nationwide. Further qualified by written communication with the government researcher appointed by Christine Russel (MP for Chester before the last election).
The current planning guidelines relating to Garden Buildings issued by central government are shown in green italics

General advice on planning and Building Regulations

Nearly everyone is concerned about planning issues. We are in a good position to advise (having discussed these issues in relation to more than 2500 garden building projects throughout the uk with both clients and planners).

We cannot take responsibility for any dispute that may arise. If in doubt you should check with your local planning authority and seek a letter of compliance for your project. In any case we would advise against going ahead without planning permission if your project was either in flagrant contravention of the rules or clearly detrimental to your neighbours enjoyment of their property. The retrospective route will still be open but can be quite stressful.

The rules with my comments:

Very Important:

Planning permission and Building Regulation compliance are separate issues dealt with by different departments. Planning covers positioning and design. Building regulations cover safety and energy use. See list in Building Regulations section below:.
Government Statement - Rules governing outbuildings apply to sheds, greenhouses and garages as well as other ancillary garden buildings such as swimming pools, ponds, sauna cabins, kennels, enclosures (including tennis courts) and many other kinds of structure for a purpose incidental to the enjoyment of the dwelling house.
We are interpreting this to include Garden Offices, Garden Studios, Garden Rooms Leisure Buildings Granny Annexes etc. etc. Our thoughts on the reason for the official statement not being so specific are that the government has to leave space in the general guidelines for local interpretation.
Government Statement - Other rules relate to the installation of a satellite dish, the erection of a new dwelling or the erection or provision of fuel storage tanks.
This seems to be clear you cannot erect a new dwelling in your garden without planning permission This certainly prevents the division of your property and the sale of part of it with dwelling house rights without full planning permission. We do know that Granny annexes and lodges (sleepover buildings) are treated in a different way by planners in different parts of the country. The key word is ancillary so always make it clear that your developmentt is "ancillary" to the use of the main property.
Government Statement - Under new regulations that came into effect on 1st October 2008 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.
Quite clear, if you take into account these guidelines you can build in your side or back garden without applying for planning permission. However you cannot build in your front garden without planning consent. The definition in the guidelines here could be expanded to mean closer to the highway at the front of your property. Reason The local authority may need to change the highway. Further to this interpretation our advice is that you should always take into account the effect on your immediate neighbours of any development.
Government Statement - 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.
This is very confusing but here is our attempt to make sense of it. You cannot build a two storey garden building without planning permission. In the case of a conventional gabled roof the eaves height should not be higher than 2.5m. The planning portal mini guide shows the eaves height and final roof height are different by the thickness of the roof e.g. it is ok to start the "barge boards" at 2.5m and reasonably go over this to the total height say 2.7m to accommodate insulation (makes sense). A hipped roof can have different pitches on the ends and sides but the eaves should not exceed 2.5m. The highest part of the roof should not exceed 4 metres in any case.

In a sloping garden the maximum height measurements are measured from the highest point of the land on which the building stands. We have met situations where local planners interpret this in a different manner however our experience and written communications with government confirm our interpretation to be correct.

News from GSL 26/08/2013 we have desined a new roof system which complies and is not flat. A curved roof developed by ourselves in conjunction with Tata-Steel this new roof offers a real alternative to flat roof garden office with a span up to 5.6m and height of 2.5m centre with 2190mm head height internal a warm roof system 139mm thick including 100mm urethane (kngspan type insulation) with 30 year no leak guarantee. intallation and photo detail available from richard@aarco.co.uk more on website in a few weeks at launch. A stunning new look!
Government Statement - 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 dwelling house.
Confusion now cleared up with newest explanation on portal see (mini-guide link below) (examine point 8) If you build an outbuilding closer than 2 metres to your boundary no part of it must be higher than 2.5m. Planning permission will be necessary if so, however where a taller building closer than 2 metres seems reasonable to neighbouring properties there should be no reason for refusal. There are many sites where it is better to apply for permission if you see this as a problem. We can handle the planning application for you contact us for advice. email to Richard or call us on 01244 679502.
Government Statement - No verandas, balconies or raised platforms.
Seems clear and makes sense in relation to balconies and raised platforms. The building should not include balconies or raised platforms because in many cases neighbours privacy would be threatened by such structures. Where neighbour privacy would not be threatened then we see no reason why planning permission or letter of consent should not be given but it would be best to check. With regard to verandas the word of course can be used to describe a balcony or raised platform it certainly does not mean you cannot have a roof over a seating area at ground level.
Government Statement - No more than half the area of land around the "original house"* would be covered by additions or other buildings.
Very clear and makes sense. Taking into account all of the land except the footprint of the house you cannot cover more than 50% with outbuildings. We have come across situations where this applies but only in very small gardens.
Government Statement - To be permitted development, any new building must not itself be separate, self contained, living accommodation and must not have a microwave antenna.
Very clear regarding the microwave antenna and makes sense. Regarding self contained living accommodation not so clear. Our interpretation is that this is to prevent properties being used in a way which would allow the bending of taxation rules. We are asked on many occasions if it is ok to build an outbuilding in the garden where our son, daughter or other family member can live. From a technical standpoint the answer is yes of course. It would not however be fair on existing neighbours to exploit this by building multiple structures taking the property beyond the use "family dwelling" for which planning permission was granted in the first instance. So our view is that common sense must prevail until this becomes clearer.
Government Statement - 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 house to be limited to 10 square metres.
Very clear and makes sense. You can't put up large structures using permitted development rights in these designated areas if they are more than 20 metres from the house.
Government Statement - On designated land* buildings, enclosures, containers and pools at the side of properties will require planning permission.
Very clear and makes sense. You cant put up structures using permitted development rights at the side of your property in these designated areas.
Government Statement - Within the curtilage of listed buildings any outbuilding will require planning permission.
Totally clear if you live in a listed building then you have no permitted development rights
Government Statement - *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.
*Designated land includes national parks and the Broads, Areas of Outstanding Natural Beauty, conservation areas and World Heritage Sites.
This means that in a conservation area you have no permitted development rights. Please note: the permitted development allowances described here apply to houses not flats, maisonettes or other buildings.

This seems to be clear.

Building Regulations Section for Garden Buildings (This is very important to understand and is separate from planning rules)

As previously stated Building Regulations are totally separate from Planning issues however when considering Garden Buildings the following Building regulations need to be taken into account. (Key * = sometimes, ** always
  • Part A Structure *
  • Part B Fire Safety *
  • Part C Site preparation and resistance to moisture
  • Part D Toxic substances
  • Part E Resistance to the passage of sound *
  • Part F Ventilation
  • Part G Hygiene *
  • Part H Drainage and waste disposal *
  • Part J Combustion appliances and fuel storage systems *
  • Part K Protection from falling, collision and impact, opening and cleaning
  • Part L Conservation of fuel and power*
  • Part M Access to and use of buildings *
  • Part N Glazing
  • Part P Electrical safety **

Here are my comments on the most important issues relating to Garden Buildings and Structures: (Same format as planning section)

Government Statement (this statement has changed recently) - If you want to put up small detached buildings such as a garden shed or summerhouse in your garden, building regulations will not normally apply if the floor area of the building is less than 15 square metres.

If the floor area of the building is between 15 square metres and 30 square metres, you will not normally be required to apply for building regulations approval providing that the building, contains NO sleeping accommodation and is either at least one metre from any boundary or it is constructed of substantially non-combustible materials.
Still not that clear but here goes: This is almost certainly a volume related statement and brings into play two things:

1. The Building Regulations in relation to the spread of fire "which dates back to the fire of London in 1666". i.e. more volume = more risk involving spread of fire to neighbouring properties. For example you may wish to conserve garden space by building close to your boundary, your neighbour may also do the same in which case there would not be a sufficient gap between the two buildings. The statement is not that clear but does make sense in that if the building footprint is more than 15 square metres then the building which has significant volume (over 15 square metres) must be at least one metre from your boundary. Or - you must be able to demonstrate it is constructed of substantially non-combustible materials.

IMPORTANT:

1. This is not a planning issue as we are already aware (see above) the planning restriction in relation to boundary proximity is that the height of the structure if nearer than two metres to the boundary is restricted to 2.5 metres roof height - presumably to ensure there will not be neighbour issues about restricting light.

2. The regulations exemption table see: Exemption Table seems to be aiming towards energy conservation in that buildings over 15 sqm but not more than 30 sq. m could require energy saving measures (Part L) if the building is intended for regular use. This seems to take some account of the fact that many Garden Buildings are used as a Studio or office / place of work. In most of these cases it makes sense to provide energy saving insulation.

3. Regarding the statement "contains NO sleeping accommodation": This is just not clear - here is my interpretation:

4. This is the subject of Housing Minister Grant Shapps so called "Beds in Sheds" review that the Government don't want householders to rent out sheds as accommodation. (Announced on the Planning Portal 3/05/2012). This seems perfectly understandable.

5. If the building has a "bedroom" then it must be safe to protect against fire and anything which is life threatening for people whilst asleep (this is simply common sense). No legislation of any type exists to stop anyone sleeping in your garden, in a tent, your garage or your shed.

However -- it does make sense to ensure that any regularly used accommodation building is safe for people whilst asleep. So my view is that is particularly bad wording - there is no such thing as a clear definition of what is sleeping accommodation. I have researched this and neither are there any rules laws or guidelines regarding where a human being may fall asleep. Except of course driving, piloting a plane, ship etc. etc.

Let common sense prevail. We have noticed a massive increase in enquiries for outbuildings with sleeping accommodation driven by economics - I guess this is no surprise! Call me direct for more info.;

Throughout this document I have stressed and re-stated the importance of not upsetting neighbours. Martin Goodall a specialist-planning lawyer has written an interesting article this subject. He talks about the current statements regarding the use of outbuildings as a legal anomaly.

You can read his contribution here Legal anomaly over the use of outbuildings (the eleventh commandment)

There is no definitive answer yet on this.

Other Important Issues about safety

Outside of this specific statement there are some very important issues to consider regarding garden buildings and building regulations in general:

1. Any electrical system in a garden or garden building should comply with building regulations Part P and must be installed by a competent / qualified person. see my blog post at Garden Office and Studio Electrical Safety article

2. Any plumbing (toilets kitchenettes showers etc.) should be correctly installed so as to operate hygienically in relation to waste disposal. see my blog post at Garden Studio and Office Plumbing article

3. Any Gas appliance must be installed by a competent / qualified person

4. Any wood burning stove, fire or heater installation must comply with building regulations and must be installed by a competent person.

Local knowledge

We have built Garden Buildings, Garden Offices, Garden Studios, Garden, Rooms and Garden Accommodation Buildings all over the UK. Here is a list so-far by nearest large town:
Bedfordshire, Luton Berkshire Reading, Bracknel, Maidenhead, Newbury, Wokingham, Buckinghamshire Aylesbury, High Wycombe Cambridgeshire Cambridge, Wisbech, Cheshire Chester x 9, Stockport, Sale, Ellesmere Port, Birkenhead, Wallasey, Runcorn, Macclesfield, Crewe Cornwall None yet Cumberland Penrith, Keswick Derbyshire Derby, Chesterfield, Buxton, Ashbourne Devon Barnstaple Dorset not yet Durham not yet Essex Chelmsford x 2, Basildon, and 5 times in Buckurst Hill Gloucestershire Gloucester, Bristol, Cheltenham Hampshire Winchester Hertfordshire Watford, St. Albans x3, Hemel Hempstead, Stevenage, Huntingdonshire St. Ives, St. Neots, Kent Maidstone, Canterbury, Bromley, Greenwich Merseyside Liverpool, Lancashire Southport X 3 Manchester, Preston, Bolton, Warrington Leicestershire Leicester, Lincolnshire Lincoln, Grimsby, Louth Middlesex, London, x 11, Enfield x3, Staines, Ealing Norfolk Norwich, Cromer, Hunstanton Northamptonshire Northampton, Kettering, Wellingborough Northumberland None yet Nottinghamshire Mansfield, Worksop, Newark, Oxfordshire Oxford, Banbury, Witney, Henley-on-Thames, Thame Rutland one in the sticks Shropshire Shrewsbury, Somerset Bath, Staffordshire Stafford, Stoke-on-Trent, Suffolk Ipswich, Bury St. Edmunds Surrey Guildford x 6 Croydon, Woking, Sutton, Kingston-on-Thames, Wandsworth, Wimbledon x4 Sussex Crawley, Warwickshire Warwick, Birmingham, Coventry,Rugby, Stratford-upon-Avon Westmorland Windermere, Wiltshire Devizes Worcestershire Evesham Yorkshire Beverley, Halifax, Harrogate,York North Wales x 8, Wrexham Scotland x 1, South Wales x 4, Cardif. Pembroke

Planning permission for Garden Studios, Garden Offices and Insulated Garden Buildings - webmasters are free to link. If you would like to know how this page got to the top on Google see www.calfpath.co.uk

Planning Permission and Permitted Development written By Richard Grace Project Director Garden Structures Ltd Bracken House CH4 6LB Tel 01244 679502 email richard@arco.co.uk for this document in pdf or doc format.

webmaster links - please use text (Garden Building Planning and Building Regulations)

Garden Offices | Garden Studios| Granny Annexe| Garden Structures | Outbuildings | Outdoor Kitchens | Planning Permission | Building Regulations for Garden Rooms

Consultancy and pre-planning advice services available from us

Services including planning advice, architectural drawings and specifications, structural engineering / thermal efficiency calculations, supplier selection and project management. 11 years of experience could save you stress and money. Speak with us now on 01244 679502. You can call me free. Site visit with 1 hour advice £100. Site visit consultancy, architectural design and application submission package price £450 + disbursements. My failure rate on this package = Zero. Why I don't accept commisions I cannot succeed with. (Quite simple)

You can ask your local authority for Pre-Planning-Advice directly and speak to a planning officer, to get the best out of this. My advice is to be completely prepared with drawings and proposals having talked firstly with your neighbours. For a visit most authorities make a charge of around £175. They cannot at the pre-planning stage tell you if your project will succeed so you could consider it £175 ish wasted.

You can read "My amazing 3 hour visit to a London Planning Office" here http://www.gardenofficeproject.com/ (South West London area!!). Definately a problem. Also problem seems to be migrating to Enfield now Ealing although not as bad

email richard@aarco.co.uk for text document in .pdf format

If you found this page useful or have comments please let me know- Thanks - Richard please send comments direct to richard@aarco.co.uk

Planning permission and Building Regulations for Garden Structures, Garden Offices Granny Annexes and Outdoor Kitchens

 

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