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What permissions do I need to install a hot tub in my garden?

You typically will not need planning permission to install a hot tub in your garden, as it is classed as an outbuilding and within the permitted development rights in terms of size and portability. However, you may need planning permission if you live in a listed building or conservation area, you should check first with your local authority.

The hot tub will need to adhere to the building regulations in terms of safe and adequate electrical installation by a registered competent person. Find out more about using a registered competent person.

Also, if the hot tub is placed within a building such as a large shed-style structure, there will be separate planning and building control limitations on that structure.

Common Questions

Do I need planning or building control for covered outdoor kitchen?

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.

What is the 10-year rule for planning enforcement?

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.

How long does planning permission last?

By law, any planning permission granted expires after a certain period. Generally, unless your permission says otherwise, you have three years from the date it's granted to begin the development. If you haven't started work by then, you will probably need to reapply.

What are the planning and building rules for constructing a soakaway?

A soakaway does not normally require an application for planning permission provided it deals with surface water and does not discharge into a public sewer. Additional regulations may apply if you are in a conservation area or within the boundary of a listed building.

Building regulations will apply to the creation of a soakaway. The soakaway must comply with Part H of the building regulations which specifies where they can be located and the size that is permitted.

Read more about Approved Document H.

Do I need to apply for planning permission for a pergola?

A pergola is classed as permitted development, meaning an application for planning permission is not required provided it meets specified conditions and limits.

Outbuildings cannot be installed on the principal elevation of the property, additionally any platform must not exceed 0.3 metres in height.

If the building is listed, then you will need to apply for listed building consent and planning permission for the change.

For more details read our outbuildings common project.

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