BLOGS

As we have come out the backend of summer 2023, some of you may be planning what you want to do to your garden next summer; whether that be repair your broken fence, or build a shed to store your summer drinks! Whilst these may seem innocent tasks, it is important to understand what planning and building considerations need to be taken into account.

Do I require planning permission to build or alter my fences, gates, or walls?

The short answer is: you generally do not have to apply for planning permission to erect, maintain, improve, or take down an existing fence, gate or wall. This is because the legislation allows these activities as a permitted development. However, the long answer is: you have to meet certain criteria and considerations to be exempt from applying for planning permission. 

What is the planning permission criteria?

Regarding the height of the fence, gate, or wall, the height:

• Must not exceed 1 metre (from ground level) if it is situated next to a highway/footpath of that highway.

• Must not exceed 2 metres in height (from ground level) if situated elsewhere.

• The height must not be increased if it is an existing fence, gate, or wall.

The height is measured from the ‘natural ground’ which may be higher or lower than the surrounding ground. 

Other important considerations:

• If your house is a listed building, listed building consent is required.

• Your fence, gate or wall cannot form a boundary with a neighbouring property that is a listed building. If so, planning permission is required.

• An Article 4 direction may have limited the permitted development rights as aforementioned. An Article 4 direction allows the local council to remove any permitted development right. These are typically made in conservation areas, but it is important to check whether an Article 4 right restricts your ability to build a new fence, for example.

Another question you may be asking is:

Do I need to comply with Building Regulations?

Generally, these activities do not require Building Regulation approval. However, the structure of such item must be sound and maintained. It is important to note that where you and your neighbour share a ‘party-wall’ (i.e. a wall shared by two adjoining properties), you may have to notify the adjoining owner if you want to replace such item, for example. But, to make things more complicated, the legislation states that if what stands between your property and your neighbour’s property is a wooden fence, you do not need to notify your neighbour. This is because a wooden fence cannot be classed as a party-wall.

Walls in your garden need to be maintained and repaired. An example of what you could inspect for is whether the brickwork is damaged or whether the wall is thick enough in comparison to its height. 

The latter point may be worth noting because the United Kingdom Government has produced a document detailing safe heights for walls of different thicknesses. The guidance varies depending on which geographical zone you are classed to be in. This may be of interest for further reading.

You may be asking, ‘what if my summer 2024 activities will not be replacing my fence, but instead building a new shed?’. Of course, there are planning permission and Building Regulation issues you will need to consider.

Do I require planning permission to build a new shed?

For the purposes of the planning permission legislation, sheds are deemed to be ‘outbuildings’ and this means you may need planning permission if your shed does not fit the criteria for permitted development.

When will my shed NOT be as classed a permitted development?

• The shed takes up over 50% of the total land around your house.

• The shed will be further forward than the front of your house.

• The shed is situated in a conservation area.

• The shed is built on the grounds of a listed building.

• An Article 4 direction has been made.

• The shed has more than 1 story.

• Where your shed has a pitched roof, the shed is over 4 metres high. Where your shed has a flat roof, the shed is over 3 metres high.

• If the shed is within 2 metres of the boundary and your shed is over 2.5 metres high.

• The height of the eaves is over 2.5 metres high.

• A balcony, raised platform, or veranda is included.

What about Building Regulations?

Assuming your shed meets the criteria to be a permitted development, you still have to consider Building Regulations. 

If your shed does not facilitate sleeping accommodation and the shed’s floor area is less than 15 metres squared, Building Regulations are generally not required. If the shed does not facilitate sleeping accommodation and the floor space is between 15 to 30 metres squared, Building Regulation approval is generally not required. However, the latter point is contingent on either the shed a greater distance than 1 metre of your property’s boundary, or the shed is made from mostly non-combustible materials. 

Other considerations to take note of are whether your shed’s foundations are suitable. When considering what foundation your shed should have, it may be dependent on the type of soil in your garden. The is important because the foundation should be appropriately bare the load of the shed.

This blog is intended to provide an introduction into what considerations you should be thinking of when considering replacing your broken fence or building a garden shed. It is important you research what rules and regulations apply in your local area.