Forum Topic

Bungalows - May I build a bungalow in my back garden?

May I build a bungalow in my back garden?  If so, how far should it be placed from other buildings and fences, what size can it be and how high can it be?  If I build high enough inside I can get windows in the roof and later on put in a mezzanine floor. How many may I have (my garden is bigger than the house at the end of the road and they have two bungalows).  Do the bungalows constitute a new building so my whole house will be reassessed for council tax?What can I use it for?  May I operate a business from it?  May I allow people to sleep in it during the day/at night?  Can I use the bungalow for family use or for temporary accommodation for visiting family?  At what stage can I make real money by advertising and renting out?  Is this going to be a big mistake, asking if I can build a bungalow, should I just go ahead?

Sarah Felstead ● 6137d15 Comments

Ah yes, and then Jordan came round for tea having been ejected from Syon House ;-)

Adam Beamish ● 6133d

I've built one in my back garden where I do a bit of nuclear reprocessing, but it's perfectly safe coz I built it in Asbestos - told the council it was a burial ground for my ancestors and they couldn't set foot on the land coz there weren't of the same tribe so never got an inspection - easy.

Harley Buckner ● 6133d

Well then it would be an unauthorised community use ;-)As for 'scaring' an Enforcement Officer off, you'd need to do alot more than what you jokingly suggest.  Thinking back I was physically assaulted once (and I don't just mean someone pushed me, I mean a sustained physical attack), the subject of verbal abuse on countless occasions (death threats to family etc), and on numerous occasions the subject of completely fabricated allegations and complaints designed solely to try and get me sacked.Did any of that ever bother me ? - you must be joking, in a way elements of that were the best part of the job, because you never quite know what to expect next and you learn how to adapt to dealing with different kinds of people, different situations etc, and the importance of making sure you always keep an eye on covering your own back, both in terms of potential physical danger and people trying to trap you in terms of your conduct.

Adam Beamish ● 6134d

May I build a bungalow in my back garden? Of course… as long as you claim it to be a place of religious assembly. In the extremely unlikely event that the Council’s planning inspector should ever visit... a) Go to the door wearing your pyjamas with a Tea Cozy on your head and tell him you don’t speak English b) Point out that if he doesn’t immediately cease persecuting your religion there may be serious repercussions (He will know what you mean). c) Demand he halt infringing your human rights to worship and assembly and that you’ve sustained an injury whilst talking to him. Trust me – you wont see him again. Hell, you may even qualify for a Government grant to help with the cost.

Harley Buckner ● 6134d

Hi Sarah, very difficult question to answer.  What annoys me most is that the amended permitted development legislation that came into force in October of last year was supposed to make things more simpler, but infact achieved precisely the opposite, not just in terms of adding more tolerances and criteria but also bringing into the equation subjective judgements such as 'materials being similar to the existing house etc' which the previous versions of the PD legislation never had.My short answer would be that I don't think the regulations can be simplified.  Either you have a blanket ban on everything, so that any kind of development requires permission, or you have a laissez faire attitude and let anyone build anything, or you have some kind of regulations, the content and interpretation of which is always going to be argued about/questioned.

Adam Beamish ● 6134d

Greetings, Adam.  Might I ask how you might simplify the regulations?

Sarah Felstead ● 6135d

In short - no !.  The planning regulations outlining what detached buildings and structures someone can build within the curtilage of a dwellinghouse are, word for word, as I cut and pasted earlier in the thread.  In my opinion, even as an 'expert' in the field, planning legislation and regulations are already complicated enough !.  I should also add that most of the time the buildings or structures are also exempt from building regulations, but that isn't my area of expertise.

Adam Beamish ● 6135d

Am I required to plan the build of my bungalow into the complete plans for my land, house house extensions and environmental garden - I mean, if I am having a bungalow do I have to have a smaller side extension in order to leave a gate and direct fire brigade access to the bungalow?

Sarah Felstead ● 6135d

As far as I'm aware, there is yet to be any kind of appeal or related legal proceedings relating to outbuildings that go below ground level and whether the limit to one storey relates to above or below ground level.  Dictionary definitions of 'storeys' don't distinguish between above and below ground, so in my personal view planning permission would be be required for any outbuilding of more than one storey, regardless of whether one or more of the storeys might be below ground.The government has supposedly (for some time now) been set to introduce legislation/regulations relating to basements in dwellinghouses, but I think it unlikely that any such regulations would cover basements to detached outbuildings.Not directly relevant as such but in my experience the cost and work involved in creating a basement in any building is extremely costly and time consuming.

Adam Beamish ● 6136d

I would like to know the answer to this too. I used to use a shed at the bottom of the garden for writing in. Then new neighbours moved in with dogs that bark 24/7. A soundproofed underground room might be the answer!

Michel Parry ● 6136d

Jim - bungalows are going up all around us and if they are the norm now then I think we should consider building one.  I don't see the need to pretend that it won't be used for living accommodation if we can work out how this can be done from the outset.  Shame there are no clear guidelines as to the amount of garden a house should keep as open garden before starting to work out what can be bricked over.  We could easily soundproof an underground room for a music studio.Adam, would a room under the ground be a basement not a story, Adam?:-)

Sarah Felstead ● 6136d

Thanks all - so, to get this right.  All I need to do is excavate below ground level and I could have one room on top of another and a mezzanine floor with roof lighting and still come within the rules?Now can I let sons and their bands live out there and practice underground if I call them buzz and the honey bees?

Sarah Felstead ● 6136d

Horrendously complicated questions that Sarah has posed.  The permitted development legislation changed as of 1st October 2008 and the current 'rules' as to what someone can build in their gardens without needing to get planning permission from the local authority is as follows (cut & pasted from the relevant regulations) :Class EPermitted developmentE. The provision within the curtilage of the dwellinghouse of—(a) any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse as such, or the maintenance, improvement or other alteration of such a building or enclosure; or(b) a container used for domestic heating purposes for the storage of oil or liquid petroleum gas.Development not permittedE.1 Development is not permitted by Class E if—(a) the total area of ground covered by buildings, enclosures and containers within the curtilage (other than the original dwellinghouse) would exceed 50% of the totalarea of the curtilage (excluding the ground area of the original dwellinghouse);(b) any part of the building, enclosure, pool or container would be situated on land forward of a wall forming the principal elevation of the original dwellinghouse;(c) the building would have more than one storey;(d) the height of the building, enclosure or container would exceed—(i) 4 metres in the case of a building with a dual-pitched roof,(ii) 2.5 metres in the case of a building, enclosure or container within 2 metres of the boundary of the curtilage of the dwellinghouse, or(iii) 3 metres in any other case;(e) the height of the eaves of the building would exceed 2.5 metres;(f) the building, enclosure, pool or container would be situated within the curtilage of a listed building;(g) it would include the construction or provision of a veranda, balcony or raised platform;(h) it relates to a dwelling or a microwave antenna; or(i) the capacity of the container would exceed 3,500 litres.E.2 In the case of any land within the curtilage of the dwellinghouse which is within—(a) a World Heritage Site,(b) a National Park,(c) an area of outstanding natural beauty, or(d) the Broads,development is not permitted by Class E if the total area of ground covered by buildings, enclosures, pools and containers situated more than 20 metres from any wall of the dwellinghouse would exceed 10 square metres.E.3 In the case of any land within the curtilage of the dwellinghouse which is article 1(5) land, development is not permitted by Class E if any part of the building, enclosure, pool or container would be situated on land between a wall forming a side elevation of the dwellinghouse and the boundary of the curtilage of the dwellinghouse.Interpretation of Class EE.4 For the purposes of Class E, “purpose incidental to the enjoyment of the dwellinghouse as such” includes the keeping of poultry, bees, pet animals, birds or other livestock for the domestic needs or personal enjoyment of the occupants of the dwellinghouse.Article 1(5) land is a Conservation Area.  In terms of the use of such a building, there is a plethora of contradictory case law.  Some Planning Inspectors have taken the draconian line (in my view) and said that such buildings can't have their own shower or toilet facilities, even if the building is clearly used as a gym for the personal enjoyment of the homeowner or tenant.  In other cases I've come across Inspectors have failed to support enforcement notices issued by Councils against the alleged residential use of such outbuildings (including a kitchen etc) unless the Council has firm evidence to show the building is lived in permanently as someone's home.But I'll try to answer as best I can :)

Adam Beamish ● 6137d

Sarah,Have you an eye on someone elses impending project?!! ;0)You should Google Earth the back gardens of some of those larger houses in Jersey Road..Wood Lane end..and Wood Lane North itself for that matter.  All in a Conservation Area too.But at least the hedges are trimmed nicely!

Jim Lawes ● 6137d

Suggest consult the council on dos and don'ts

Ian Speed ● 6137d