Millions of Brits could be set for a summer of garden DIY – but one expert has warned that some of the most popular projects could land you with a hefty fine, or even a criminal record
The scorching weather this week is bound to have millions of Brits flocking to their gardens. This might also involve sprucing up the space with additions like a new composite deck or patio, or paving over the front garden to make room for extra driveway space.
However, one home improvement expert has sounded the alarm that some of these common garden upgrades could land you with a hefty fine, or, in severe cases, even a criminal record. Sean Bunyan, head of commercial operations at home improvement specialists Eurocell, explains how to beautify your garden while staying on the right side of the law and dodging fines of up to £20,000.
Failing to erect your fencing at the correct height
When putting up fencing, it’s crucial to bear in mind the legal height limits. The maximum height for fencing is two metres, or 6ft 6ins.
You can put up fencing taller than this limit, but you’ll need to secure planning permission first.As always, there are exceptions to the general rule, such as if your proposed fence faces a road, path, or public bridleway. In this case, if the fence exceeds one metre in height, you’ll also need planning permission.
You’ll also require planning permission if you reside in a conservation area or a listed building. Failure to obtain planning permission could set off a chain of events leading to a hefty fine of £20,000 or more.
Sean Bunyan said: “While it might seem unreasonable to find yourself liable to pay a fine for improving your own garden space, rules around planning permission are in place for a reason. Nobody wants to be spoiling things for their neighbours, or undertaking risky projects that could cause longer-term issues down the road.
“That being said, it is perfectly possible to undertake major gardening projects that don’t require planning permission. Many garden rooms are built to conform to Permitted Development, and for many people, installing a composite deck below 30cm is no issue at all.
Understanding permitted development.
PD comes with several stringent requirements, such as height, area, proximity to your neighbours, and more. PD allows smaller-scale projects that meet specific criteria laid down by legislation. However, all projects must stick to the predefined rules, reports the Express.
Factors like listed-building status, conservation areas, environmental impact or locations within an Area of Natural Beauty (AONB) can override permitted development rights, necessitating planning permission.
Height restrictions with decking.
The same rule applies if you’re planning to install decking that occupies 50% or more of your total garden area, be it in the front or back garden. There are also building regulations regarding the spacing of railings or balustrades, such as not allowing a sphere of 100mm to pass through the gaps between, or that the balustrade must be at least 900mm high if there is a drop of 600mm or more.
Neglecting to obtain the necessary planning permission from the council could result in a hefty fine, or an enforcement notice demanding you to dismantle or downsize your new deck. Non-adherence to building regulations can lead to fines starting from £50 a day, though the severity of the fine can increase depending on whether you live in a protected area and the extent of work done.
Raising or lowering your garden.
However, it’s not as simple as just bringing in the digger. Altering your garden’s landscape could impact things like retaining walls, drainage, pipework or even your neighbour’s property.
It’s always prudent to consult with your local planning authority before making any changes. They’ll typically carry out checks to ensure that any work doesn’t heighten the risk of flooding or negatively affect local ecology.
Building a shed or garden room.
In the majority of cases, around 90%, prefabricated garden rooms don’t require planning permission. This is because they’re crafted to meet building regulations and ensure the height adheres to Permitted Development rules.
If your structure stands less than 2.4 metres tall and maintains a distance of one metre from any boundaries, you likely won’t need planning permission.
However, there are exceptions to this guideline, such as if you’re erecting a garden room in front of the main face of a house, building within a conservation area or setting up a garden room on the premises of a listed building. It’s always wise to verify whether you’ll need planning permission prior to purchasing a garden room or shed.
Should you go ahead without planning permission and later find out it was necessary, you can apply for retrospective approval. But be warned, the planning officer might ask you to alter your plans, even if construction is already finished.
This could prove expensive. Furthermore, failing to comply with an enforcement notice is a criminal offence, which could lead to potential prosecution.
Creating extra driveway space.
By law, you’re only allowed to create a driveway where a dropped kerb already exists. If you lack a dropped kerb, you’ll need to apply for one before commencing any additional work.
The expense of dropping a kerb can also pose a challenge. Most individuals can anticipate spending between £1,500 and £3,000 just on lowering the kerb.
The cost of obtaining a licence to drop the kerb hovers around £300, but if you enlist the services of a planning consultant, be prepared to shell out a few hundred quid more. Tack on extra labour costs and fees, and suddenly the expense of carving out a new parking spot can seem daunting.
Allowing your hedge to grow too high
Letting your hedge soar unchecked could lead to trouble, as could putting up fencing beyond the regulated height without permission. These are covered under the Anti-Social Behaviour Act 2003? Part 8 of the act states it’s the “homeowner’s responsibility to keep their hedges maintained.
If a neighbour takes issue, they can lodge a complaint with the local authority. If the local authority determines that the complainant’s property has been adversely affected by the towering hedge, they can issue a formal notice and a fine of up to £1,000.
