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What are the planning and building rules to add a concrete slope in my front garden for wheelchair access?
Adding a permanent wheelchair ramp for access to a home is likely to require planning permission as it will permanently change the external appearance of the front of the house. If the application is solely for improving disable access to the building then the planning application will be exempt from a planning fee.
If you live in a listed building, you will have to apply for listed building consent for any significant works, whether internal or external.
All permanent wheelchair ramps must comply with Approved Document M of the building regulations which specifies the gradient, width and surfaces which should be used.
Common Questions
Creating a new basement will usually require planning permission, particularly if it affects the external appearance of the property. For example, installing a lightwell to bring natural light into the basement may be subject to stricter design rules if it is visible from the street, especially at the front of the property, compared to those at the rear or side.
Because basement construction involves significant excavation and structural work, permission is often necessary. It’s recommended that you consult your local planning authority early on to understand what is likely to be considered acceptable before submitting a planning application. Building regulations will also apply to a new or conversion of a basement.
Fitting, altering or replacing an external flue, chimney, or soil and vent pipe is normally considered to be permitted development, not requiring an application for planning permission, providing certain conditions are met.
Read about the conditions which must be met to comply with permitted development rules.
Building regulations apply to installing a flue, and installation should be carried out by a suitably qualified installer.
Read about building regulations for flue installation.
The failure to obtain planning permission or comply with the details of a permission is commonly known as a 'planning breach'.
A planning breach usually occurs when:
- A development that requires planning permission is undertaken without the permission being granted - either because the planning application was refused or was never applied for
- A development that has been given permission subject to conditions breaks one or more of those conditions.
If the breach involves a previously rejected development (or the retrospective application fails) the council can issue an enforcement notice requiring you to put things back as they were.
There are statutory time limits for enforcement, these vary based on when the breach took place.
If the breach took place prior to 25 April 2024
- Change of use of a building, or part of a building, to use as a single dwelling house - Enforcement action can no longer be taken once the unauthorised use has continued for four years without any enforcement action being taken
- Operational development relating to building, engineering or mining - Enforcement action can no longer be taken from four years, beginning the date where the operations were substantially completed.
If the breach took place on or after 25 April 2024
- Change of use of a building, or part of a building, to use as a single dwelling house - Enforcement action can no longer be taken once the unauthorised use has continued for ten years without any enforcement action being taken
- Operational development relating to building, engineering or mining - Enforcement action can no longer be taken from ten years, beginning the date where the operations were substantially completed.
Other time limits:
There is no time limit for enforcement on breaches of planning control relating to relevant demolition.
For any other breach of planning control, ten years beginning with the date of the breach. This predominantly applies to changes of use.
Read more about breaches of planning control and lawful development certificates on Planning Portal.
If an outdoor kitchen is not a permanent structure, then planning permission will normally not be required.
Where planning permission is required, it may be granted through permitted development rights, provided it meets the limits set out in legislation. Most outdoor kitchens fall within the set limits unless they are particularly tall or close to a boundary.
While there is no specific permitted development right for ‘outdoor kitchens’ it may be classified as an ‘outbuilding’.
You can view the limitations for outbuildings and outdoor kitchens in the relevant common project
If the structure exceeds the limits set out through permitted development rights, then it will require an application for planning permission.
Different rules may apply if you live in a listed building or conservation area. If this is the case, you may wish to consult your local planning authority.
Read about the building regulations that cover outdoor kitchens.
Categorising land and buildings according to their type and purpose is known as Use Classes.
A 'Change of use' can be within the same Use Class or from one Use Class to another.
You will need planning permission for certain changes to the use of a property such as changing from a residential use to a business use. However, it is possible to change use between some classes without having to make an application for planning permission.
Depending on the specifics of any proposed change of use, including any building work associated with the proposal, an application for planning permission or prior approval may be required.
