Check the rules before adding structures to your garden

Homeowners are being warned of the rules and regulations they need to be aware of when adding new structures to their gardens.

The design experts at Pergolux UK have looked at the legislation homeowners need to be aware of or face the risk of tearing down newly installed features.

There are various rules to consider including Permitted Development Rights which allows homeowners to make certain changes without needing to apply for planning permission,

Other pieces of legislation include the Right to Light Act. Homeowners are also urged to factor in invasion of privacy which falls under the Human Rights Act.

Sam Stevens, garden design expert at Pergolux UK said, “It’s really important that you are fully aware of any rules and regulations in your area when it comes to garden design and installing new structures.

“Whilst a lot of common developments are permitted, it’s best to have peace of mind and full knowledge in order to avoid any costly removals in the future.

“In most cases, a Pergolux pergola wouldn’t need planning permission, but we do make sure that customers familiarise themselves with the ‘Permitted Development Rights for Householders’ guidance.

“If you are ever in doubt about whether a development or installation would be permitted, then make sure you seek advice from local planning authorities.”

Here is Pergolux’s advice on the rules and regulations to be aware of when adding structures to the garden:

Permitted Development Rights

Permitted Development Rights allow homeowners to make certain changes to their property without needing to apply for planning permission. *

These rights are designed to simplify minor developments and alterations, with some of the commonly permitted development projects including extensions, fencing, and outbuildings.

But while these are listed as permitted development projects, there are still certain rules and restrictions in place that homeowners need to be aware of.

When it comes to making alterations to the garden and adding new structures, garages, sheds, pergolas, and other outbuildings are permitted as long as they don’t cover more than 50% of the land around the house.

It is also important to check on any relevant height restrictions that could be in place.

There are other key restrictions to take into account as well, including whether your home is in a designated area, is a listed building, or if local councils have an Article 4 direction in place. All of these restrictions can result in Permitted Development Rights not applying.

Right to Light

The 1959 Right to Light Act** stipulates windows that have received more than 20 years of natural light, should not be interfered with by the building of new structures or other obstructions.

Such instances could result in structures being ordered to be torn down. It’s important to be mindful of this when installing features in the garden.

Invasion of Privacy

Invasion of privacy is another important consideration when installing new features into the garden, especially in regard to equipment like trampolines and children’s climbing frames.

We all have a basic right to privacy, as governed under Article 8 of the Human Rights Act, so it is best to check with a neighbour whether they are comfortable with plans to install equipment like this. ***

Lawful Development

Where there is any doubt about whether a development would be permitted, advice should always be sought from local planning authorities.

And to be certain that a proposed development is lawful and does not require an application for planning permission, then it is possible to apply for a “Lawful Development Certificate” from the local authority.