An expert has explained homeowners’ rights if they think their neighbour’s fence is too high and the legal action they can take if they believe they are being over-charged
As summer has baked the nation this year, millions of Brits have been heading out into their gardens. As well as soaking up the sun, some will have been getting stuck into enhancements such as installing a new composite deck or patio, or paving over the front garden to make room for additional driveway space.
However, one home improvement expert has issued a warning that some of these typical garden upgrades could result in a hefty fine, or, in extreme circumstances, even a criminal record. Sean Bunyan, head of commercial operations at home improvement specialists Eurocell, explained how to enhance your garden while staying within the law and avoiding fines of up to £20,000.
He looked at the rules on fence heights as well as other issues such as permitted development. This is what he had to say.
Not installing your fencing at the proper height
When putting up fencing, know the legal height limits your neighbours have to be aware of (as well as you). The maximum height for fencing is two metres, or 6ft 6ins.
A person is able to install fencing higher than this threshold, but you’ll be required to obtain planning permission beforehand. As usual, there are exemptions to the standard regulation, such as when your intended fence borders a road, footpath, or public right of way.
Under these circumstances, if the fence surpasses one metre in height, you’ll equally require planning permission.
You’ll similarly need planning permission if you live within a conservation zone or a heritage property. Not securing planning permission could trigger a series of consequences resulting in a substantial penalty of £20,000 or beyond.
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.
“Landscaping work can also be undertaken without having any major impact on the rest of the garden or requiring planning permission.
“Regardless of the project being undertaken, it’s important for people to do their research before they commit to starting any work.
“That way, people can avoid being hit by a hefty fine, or having a visit from the planning officer.”
Understanding permitted development (PD)
Several strict requirements accompany PD, such as height, area, proximity to your neighbours, and more.
PD permits smaller-scale projects that meet specific criteria set out by legislation. However, all projects must adhere 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 covers 50% or more of your total garden area, be it in the front or back. 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, or that the balustrade must be at least 900mm high if there’s a drop of 600mm or more.
Neglecting to secure 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.
Elevating 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.
Constructing a shed or garden room
In the majority of cases, around 90%, prefabricated garden rooms don’t require any planning permission. This is because they’re specifically designed to adhere to building regulations and ensure that their height falls within Permitted Development.
If your structure is less than 2.4 metres high and is situated at least one metre away from any boundaries, you likely won’t need planning permission.
However, there are exceptions to this rule. For instance, if you’re adding a garden room in front of the main front elevation of a house, constructing in a conservation area or installing a garden room on the grounds of a listed building.
It’s always wise to double-check whether you’ll need planning permission before purchasing a garden room or shed.
If you go ahead without planning permission and later find out that it was necessary, you can apply for retrospective approval. However, the planning officer may ask you to alter your plans, even if construction is already finished.
This could be an expensive mistake. Furthermore, failing to comply with an enforcement notice is a criminal offence, which could lead to potential prosecution.
Creating additional driveway space
By law, you can only create a driveway where there is already a dropped kerb in place. If you don’t have a dropped kerb, you’ll need to apply for one before starting any further work.
The cost of dropping a kerb can also be a significant obstacle. Most people can expect to spend between £1,500 and £3,000 on dropping the kerb alone.
The typical expense for a kerb-dropping licence sits at approximately £300, and you might require help from a planning consultant, which could set you back several hundred pounds more. Factor in any extra labour and charges, and the expense of establishing fresh parking space can become eye-wateringly expensive.
