Gardeners could face £20,000 fine for run-of-the-mill garden improvements

Even seemingly minor home improvements could require planning permission

Matt Drake
Sunday 06 August 2023 11:38 BST
Comments
In some cases people may be issued fines or forced to completely undo their work (PA)
In some cases people may be issued fines or forced to completely undo their work (PA) (PA Archive)

Anyone looking to make improvements to their gardens need to be aware of rules and regulations or risk a fine of up to £20,000.

While it may not feel like summer, many people will be planning on making improvements during the milder months such as laying a patio or installing new gates.

But according to Compare The Market, homeowners may not realise they need permission for certain improvements and could face fines or even be forced to completely undo their work in some cases.

The council can issue a notice under Section 172 of the Town and Country Planning Act 1990, requiring homeowners to reverse the changes they've made back to the state it was originally and anyone who doesn't comply can be faced with an unlimited fine.

Many people think they only need planning permission for major improvements but even small changes may require prior-approvement from the local authority.

Below are some of the lesser-known works that require permission as well as other things that could get you in trouble.

Paving a front garden

Permission is needed when homeowners are laying an impermeable driveway such as concrete or tarmac for an area larger than five square metres that doesn't provide a way for water to drain naturally.

Sections 35 and 35A of the Building Act 1984 state that the penalty for not following building regulations can result in an unlimited fine or a fine of up to £50 per day.

Homeowners may be issued with an enforcement notice from their local planning authority which requires them to alter or remove the work that goes against regulations.

Or, if a homeowner fails to comply then the local authority has the power to undertake the work itself and charge the homeowner for the costs.

Gate ornaments

If you have a gate more than two meters high and you wish to add any additional ornaments then you will need planning permission.

But if the property is next to a highway used by vehicles then the gates must be less than one metre high.

Putting up decking over 30cm above ground

Homeowners will require planning permission if a new deck will be more than 30cm above the ground.

Also, you will need permission if the decking will cover more than 50% of the garden.

Having high hedges

Part 8 of the Anti-Social Behaviour Act 2003, says that it is a homeowner's responsibility to keep their hedged maintained. If a neighbour has an issue then they can complain to the local authority.

If the local authority finds the complainant's enjoyment of their property is negatively affected by the hedges then they can issue a formal notice and a fine of up to £1,000.

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