Key Takeaways for 2026
- Householder planning application fees rose to £528 from April 2025, plus £84.40 Planning Portal charge
- Fees now rise every April (CPI-linked) under the Planning and Infrastructure Act 2025
- Impermeable front garden paving over 5m² still requires permission (rule unchanged since 2008)
- Garden offices: single storey, personal use only, under 50% of garden area, usually permitted
- Listed buildings & conservation areas have stricter rules, fines up to £20,000 for tree violations
- Retrospective lawfulness certificates cost double, check before you start
What Changed in 2025-2026
Planning and Infrastructure Act 2025
Received Royal Assent 18 December 2025, the most significant planning reform in a generation. Key impacts for homeowners: local planning authorities can now set their own application fees (above a national default); planning committees will focus on significant projects only, speeding up local decisions; and annual CPI-linked fee indexation is now permanent from 1 April each year.
Application Fees, April 2025 Onwards
| Type | Fee | Notes |
|---|---|---|
| Householder application | £528 | Was £258 before Apr 2025; +CPI from Apr 2026 |
| Certificate of lawfulness | £129-£262 | 50% of corresponding planning fee; varies by council |
| Prior approval | £240-£516 | Doubled from Apr 2025 |
| Discharge of condition | £89 | Householder; was £43 |
| Planning Portal service charge | £84.40 | Was £70+VAT |
Fees increase annually each 1 April, check planningportal.co.uk for the current schedule.
Projects That May Need Permission
Paving & Driveways (Front Garden)
- Permeable surfaces (gravel, permeable blocks, porous asphalt), no limit on size, no permission needed
- Impermeable surfaces (concrete, standard slabs) over 5m², permission required since 2008
- Impermeable surfaces 5m² or under, no permission needed
Garden Offices, Rooms & Outbuildings
- Permitted if single storey, for personal use only, and does not exceed 50% of total garden area
- Under 2.5m high if within 2m of a boundary; up to 4m (dual-pitch) or 3m (other roofs) if further away
- Under 15m²: exempt from building regulations (no sleeping accommodation)
- 15m²-30m²: building regulations apply if within 1m of boundary or uses combustible materials
- Over 30m²: full building regulations required regardless of location
- If used for sleeping accommodation: building regulations required at any size
- If clients visit regularly, signage is added, or staff are employed: may cross into commercial use, consult your council
Decking & Raised Platforms
- Permitted up to 30cm above ground level
- Combined structures must not exceed 50% of garden
- Higher than 30cm needs formal approval
Fences, Gates & Walls
- Over 1m adjacent to a highway
- Over 2m anywhere else
- Applies to new structures and changes to existing ones
Sheds
- Back garden sheds for domestic use: usually permitted development
- Front garden or visible from a public road: almost always needs permission
- Side garden: check boundary distances with your local planning authority (LPA)
- Once insulation, plumbing, or sleeping space is added, the shed moves into a different regulatory category
Special Cases, Stricter Rules Apply
Listed Buildings
Any outbuilding within the curtilage of a listed building requires planning permission, no exceptions. Violations carry significant fines.
Conservation Areas
- Garden rooms restricted at the front or side of the property (rear construction may be permitted)
- Tree alterations require six weeks' notice to the council
- Fines up to £20,000 for unauthorised tree work
Designated Land (National Parks, AONBs)
- All side buildings require permission
- Exception: structures under 10m² sited at least 20m from the house
- The Planning and Infrastructure Act 2025 proposes lifting blanket PDR bans on some AONB settlements, watch for further guidance
Tree Preservation Orders (TPOs)
- Council permission mandatory before cutting, topping, or uprooting any protected tree
- Even pruning may need approval, check with your LPA first
Common Mistakes to Avoid
- Confusing 'small' with 'exempt', even minor landscaping may need approval. The 5m² front garden rule catches many homeowners off guard.
- Mixing up planning permission and building regulations, these are two separate systems. You may need one, both, or neither.
- Starting before checking, retrospective applications cost double the normal fee. Enforcement can require demolition.
- Ignoring property deeds, restrictive covenants can prohibit work that would otherwise be permitted development.
- Assuming garden office use stays personal, if clients visit or you add signage, it may require a change of use application.
Steps to Stay Compliant
- 01
Measure accurately
Total garden area (excluding the house footprint) determines the 50% rule for outbuildings.
- 02
Check property deeds
Review title register for covenants before designing.
- 03
Use permeable surfaces
In front gardens wherever possible to avoid permission entirely.
- 04
Seek pre-application advice
Many councils offer this free for minor householder works, invaluable for unusual projects.
- 05
Consider a Lawful Development Certificate
Provides legal protection on sale if you believe your project is permitted development.
- 06
Keep all documentation
Planning correspondence and approvals are essential for future property sales.
- 07
Check fees before budgeting
Visit planningportal.co.uk, fees now rise every April.
Frequently Asked Questions
Do I need permission for all garden projects?
No, many projects are permitted development. But small changes like paving over 5m² of front garden with impermeable materials, or pruning protected trees, do require approval. When in doubt, ask your local council first.
Can I build a garden office without planning permission?
Yes, in most cases, provided it is single storey, under 2.5m if within 2m of a boundary (up to 4m with a dual-pitched roof otherwise), for personal use only, and covers less than 50% of your total garden. For structures over 30m², full building regulations apply regardless.
What are the front garden paving rules?
Since October 2008, impermeable surfaces (concrete, standard paving slabs) over 5m² require permission. Permeable alternatives, gravel, permeable concrete blocks, porous asphalt, are exempt at any size. This remains unchanged in 2026.
How much does a householder planning application cost in 2026?
Householder application fees rose to £528 in April 2025 (up from £258), plus the Planning Portal service charge of £84.40. Fees are now indexed to CPI each April, check planningportal.co.uk before applying. A Certificate of Lawfulness costs approximately half the planning fee.
What does the Planning and Infrastructure Act 2025 mean for me?
For most homeowners, the day-to-day rules on permitted development have not changed yet. The big practical impact is permanently rising fees (CPI-linked from April 2025), faster local decisions on minor applications, and the prospect of local planning authorities setting their own fees above the national default in future.
Do I need planning permission to concrete my back garden?
In most cases no. The 5m² impermeable surfacing rule applies to front gardens and land between your house and a highway, not to rear gardens. You can normally concrete or pave a back garden under permitted development - but check for restrictive covenants, and remember that removing lawn increases run-off, so you must keep the water on your own land with soakaways or permeable edges. Listed buildings and conservation areas are the exceptions where permission is often needed.
Do I need planning permission for paving a back garden or patio?
A standard ground-level patio in a rear garden is permitted development and does not need permission. Permission is normally only needed if the patio is raised more than 30cm above ground level, if your home is listed, or if a planning condition or Article 4 direction has removed your permitted development rights.
Can I level my garden without planning permission?
Minor levelling as part of normal landscaping is usually permitted development. Permission is more likely to be needed where you significantly raise ground level near a boundary (creating overlooking or a retaining wall over 1m next to a highway, or over 2m elsewhere), where you lower levels enough to affect a neighbour's foundations or drainage, or where the works amount to an engineering operation. If you're moving a lot of soil, or building retaining structures, check with Basingstoke and Deane before starting.
Do you need planning permission for a gravel driveway?
No. Gravel is a permeable surface, so a gravel driveway is exempt from the 5m² front garden rule at any size, provided run-off is contained on your own property. The same applies to permeable block paving, porous asphalt and resin bound surfaces laid over a permeable sub-base - which is exactly why we recommend them for front driveways.
Can I build a garage in my front garden in the UK?
Usually not without permission. A garage or outbuilding forward of the principal elevation - the wall facing the road - falls outside permitted development, so a front garden garage almost always needs a householder planning application. Rear and side garages can often be built under permitted development if they're single storey and within the height and 50% garden coverage limits.
Do you need planning permission for landscaping?
Most everyday landscaping - patios at ground level, lawns, planting, fences within the height limits, permeable driveways - needs no permission at all. Permission is triggered by height (fences over 2m, or 1m by a road; decking over 30cm), by impermeable front garden paving over 5m², by outbuildings that break the size rules, and by listed buildings, conservation areas and protected trees.
Are there special rules for listed buildings?
Yes, any outbuilding within the curtilage of a listed building requires planning permission with no exceptions. Violations can result in enforcement action and significant fines.
Disclaimer: This guide reflects the rules in England as of April 2026. Scotland, Wales, and Northern Ireland have separate planning systems with different fees and thresholds. Rules can change, always verify with your local planning authority or planningportal.co.uk before starting work.