On this page 12 sections
- 01Why there is no permitted development route
- 02What national policy says (NPPF, 17 August 2026)
- 03What your local plan says
- 04What officers test
- 05The route: pre-application advice, then permission in principle, outline or full
- 06Costs you can source (England, October 2026)
- 07Practicalities: title, access and consents
- 08If you are the neighbour: how objections work against garden plots
- 09Wales, Scotland and Northern Ireland
- 10Frequently Asked Questions
- 11Official Sources
- 12Check what is planned near you
You can apply for planning permission for a house in your garden, and under the August 2026 National Planning Policy Framework a council must judge the proposal on its merits against the local plan: the Framework gives substantial weight to extra homes within existing plots in settlements, but only if the scheme keeps the street scene, safe access, neighbours' privacy and daylight, and enough open garden. A new house is not permitted development. The fee is £610 per dwelling for a full application, a new house is usually liable for CIL (where your council charges it) unless exempt, and, for applications made since 6 August 2026, sites of 0.2 hectares or less that do not affect priority habitat are exempt from biodiversity net gain. This guide covers England as at October 2026. A dedicated section is for the neighbour objecting. The last section covers the other nations.
If you only want a building that stays part of your home (an annexe, garden room or family accommodation), read our annexe guide instead. If you are weighing which application route to use, see outline vs full vs permission in principle.
Why there is no permitted development route
Permitted development rights let you build outbuildings, but the right is for a building "required for a purpose incidental to the enjoyment of the dwellinghouse as such" (GPDO 2015 Sch 2 Part 1 Class E). Class E also excludes development where "it relates to a dwelling" (E.1(i)). The Government's technical guidance says that purpose "would not ... cover normal residential uses, such as separate self-contained accommodation" (technical guidance, page 41). A new house needs planning permission. It also falls outside the building regulations exemption for small detached buildings, which only covers buildings with "no sleeping accommodation" (Building Regulations 2010 Sch 2 Class 6).
What national policy says (NPPF, 17 August 2026)
The new Framework cites policies by code, not by paragraph number, and its policies are material considerations "from the day of its publication" (Annex A, paragraph 1). The points that bear on a garden plot:
1. Is the plot inside a settlement? Decisions apply a presumption in favour of sustainable development: policy S4 inside settlements, S5 outside (S3). Inside a settlement, proposals "should be approved unless the benefits of doing so would be substantially outweighed by any adverse effects" (S4(1)). S4(2) lists, among the situations where that is likely, a substantial adverse impact in relation to "the application of the policies in this Framework for ... development within residential curtilages (L2(1)(d))". Outside a settlement, a new home in a garden is judged under S5, which allows only listed forms of development, such as "limited infilling within groups of houses" (S5(1)(e)), and says that "isolated homes" should not be approved other than under policy HO11 (S5(3)). In the Green Belt, a new house is inappropriate development unless it falls in a category in GB7, such as "limited infilling in villages lying within the Green Belt" (GB6 and GB7(1)(c)).
2. The policy written for gardens: L2(1)(d). Policy L2 says: "Substantial weight should be given to the benefits where a development proposal would achieve ... Creating additional homes ... within settlements by ... sensitive redevelopment or additional development within existing plots (including ... additional units within residential curtilages)." Such proposals must (L2(1)(d)):
- be consistent with the overall street scene, other than in listed exceptions (such as where the development would not be visible from the street frontage);
- "maintain safe access and egress for occupiers and users, and acceptable living standards for residents and neighbours in terms of access to daylight, sunlight, privacy and external amenity space"; and
- where residential curtilages are used, "not occupy more than twice the footprint of all the existing buildings on the site, and, following development, would retain at least 50% of the non-developed area within the curtilage of the existing buildings; unless additional development can be accommodated without harm to the overall character of the area", taking account of infrastructure and sustainable location.
The existing buildings are those "as existing on the date of the publication of this Framework" (footnote 38). Our plain reading is that the Framework sets two rule-of-thumb limits for garden schemes (a footprint test and a half-the-open-space test) and then allows the council to depart from them if there is no harm to character; but they are the Government's own yardsticks, and a stricter local policy carries full weight only if it is consistent with them or was adopted against the 2026 Framework (Annex A, paragraph 2).
3. Gardens are not brownfield. You may read that "gardens count as brownfield land". The Annex B definition of previously developed land includes the curtilage of developed land "(although it should not be assumed that the whole of the curtilage should be developed)", but it excludes "land in built-up areas such as residential gardens, parks, recreation grounds and allotments" (Annex B). Not being previously developed land does not make a garden plot unacceptable, but plan-making policy L1(1)(a) asks plans to identify ways of accommodating "as much as possible of the identified need for development" on previously developed land (L1(1)(a)), and a garden in a built-up area is not that. Annex A paragraph 10 also lists two 2010 Written Ministerial Statements, "Garden Development (9 June 2010)" and "Planning - Development on Garden Land (19 January 2010)", among documents whose content "has either been fully or partially incorporated within the National Planning Policy Framework or no longer represents up-to-date government policy" (Annex A).
4. Density and design. Within settlements, residential development "should contribute to an increase in the density of the area in which [it is] situated", unless there is "a clear justification that this is either inappropriate or not possible" (policy L3(2)(a)). L3 says an area's character "should be taken into account, in accordance with policy DP3, but should not preclude development which makes the most of an area's potential". DP3(1) requires proposals to "respond to their context", and DP3(3) says proposals "should be refused if, without clear justification, they conflict with" that or with local design standards (DP3).
5. Windfall sites. An unallocated garden plot is a "windfall site": the Annex B glossary defines windfall sites as "Sites not specifically identified in the development plan" (Annex B). Policy HO3(2) lets local plans include a windfall allowance only on "compelling evidence", and HO6(1)(a) expects plans to allocate land for at least 10% of the housing requirement on sites no larger than one hectare (HO3 and HO6). Those are plan-making policies; they do not give an individual owner a right to build.
What your local plan says
The Framework is not the whole test. By statute, where the development plan is relevant, "the determination must be made in accordance with the plan unless material considerations indicate otherwise" (Planning and Compulsory Purchase Act 2004 s38(6)). Local plans and neighbourhood plans often contain their own garden-land, infill and backland policies, plot-size standards, separation distances and design codes, and a policy can be more restrictive than the Framework. But under the August 2026 Framework, development plan policies "materially inconsistent with national decision-making policies" (such as L2) "should be given very limited weight", unless the plan was examined and adopted, or made, against the 2026 Framework; other plan policies "should not be given reduced weight simply because they were adopted prior to the publication of this Framework" (Annex A, paragraph 2). Check when your plan was adopted. Look for them on your council's website (the "policies map" and the residential design guidance) before you pay for drawings; our guide to how local plans work explains where to look, and PlanWatch's council pages link to each council's applications.
What officers test
Whether the council approves a garden house turns on the evidence on each of these points. The table shows where each comes from in the Framework:
| Issue | Policy | What the officer asks |
|---|---|---|
| Character, plot pattern, street scene | DP3(1), (3); L2(1)(d)(i) | Does the house fit the grain and pattern of the street, and is it consistent with the street scene? |
| Overlooking, daylight, privacy, amenity space (for neighbours and the new occupiers) | L2(1)(d)(ii) | "acceptable living standards for residents and neighbours": daylight, sunlight, privacy and external amenity space |
| Access, including a driveway past neighbouring homes | L2(1)(d)(ii); TR4(1)(d); TR6(4) | "safe access and egress"; "ease of access by service and emergency vehicles"; refusal for "an unacceptable impact on highway safety" |
| Parking | TR4(1)(e) | "a suitable number of parking spaces", reflecting location and "any locally-set standards in the development plan" |
| Density | L3(2)(a) | Does it increase density, taking account of character (DP3)? |
| Trees | N3 | Existing and new trees; see our guide to trees and planning |
| Drainage | DP3(2)(c); F8 | Proposals that could affect drainage "should incorporate sustainable drainage systems" |
| Conservation area or listed building setting | HE6, HE9 | Impact on the significance of designated heritage assets and the conservation area |
| Biodiversity net gain | Schedule 7A | 10% gain, unless exempt (see costs) |
The host house matters too: after the plot is split, the original home must keep "acceptable living standards" and external amenity space of its own (L2(1)(d)(ii)), and the 50% non-developed area test in L2(1)(d)(iii) is measured across the curtilage. Our companion guides cover the individual tests: overlooking and privacy, traffic and parking and character of the area.
The route: pre-application advice, then permission in principle, outline or full
- Pre-application advice. For non-major schemes the Framework says "minimum necessary information requirements", with pre-application discussions where "proposals raise complex planning matters" (DM1(2)). Check your council's pre-application service and what it charges.
- Choose the application. Full permission gives you a detailed approval. Outline reserves matters such as appearance and landscaping. Permission in principle (England only) settles just location, land use and the number of homes, for a fee of £531 per 0.1 hectare, decided in five weeks; a technical details consent application follows. It is open to a garden plot because it can include land that is not previously developed (PPG 58-004), and a new separate house is not "householder development" (PiP Order art 5B) as long as the scheme is not major (for housing, 10 or more homes; also 1,000 m² or more of floorspace, or a site of 1 hectare or more). The full comparison, with fees and time limits, is in our outline vs full vs permission in principle guide.
Costs you can source (England, October 2026)
| Cost | Figure and source |
|---|---|
| Full planning application, 1 new dwelling | £610 per dwelling where fewer than 10 are created (MHCLG schedule, from 1 April 2026, category 1(3)(a)) |
| Outline application, site under 0.5 ha | £610 for each 0.1 hectare or part of the site (same schedule, category 1(1)(a)) |
| Permission in principle | £531 for each 0.1 hectare or part of the site (same schedule, category 1(2)); technical details consent is charged as a full application (PPG 58-047) |
| Fee indexation | Rises every 1 April by CPI (Fees Regulations 2012 reg 18A); the figures on legislation.gov.uk are pre-indexation base figures |
Community Infrastructure Levy (CIL). CIL is charged only where your council has a charging schedule. The exemption for small new build does not help a house: "Liability to CIL does not arise ... if, on completion of that development, the gross internal area of new build on the relevant land will be less than 100 square metres", but "paragraph (1) does not apply where the ... development will comprise one or more dwellings" (CIL Regulations 2010 reg 42). You may read that "anything under 100 m² is exempt from CIL". For a new house it is not. The self-build exemption is the usual relief, and it has strict steps:
- What counts. "Self-build housing is a dwelling built by P (including where built following a commission by P) and occupied by P as P's sole or main residence" (reg 54A(2)). The Government's guidance adds that the initial owner must have "primary input into [the home's] final design and layout", and off-plan homes bought at the plan stage do not qualify (PPG 57-016).
- Claim before you start. The claim must be received by the council "before commencement of the chargeable development" (reg 54B(2)(b)), and it "will lapse" if you commence before the council has told you its decision (reg 54B(3)). You must also assume liability (reg 54B(2)(a)) and submit a commencement notice before starting (reg 67). If a commencement notice is not submitted in time, the council imposes a surcharge of 20% of the notional chargeable amount or £2,500, whichever is lower (reg 83; PPG CIL 25-005).
- Prove it afterwards. Within six months of the compliance certificate you must submit confirmation (reg 54C).
- Do not sell or let within three years. Selling or letting the whole dwelling within the clawback period is a disqualifying event, and the exemption is withdrawn (reg 54D). The period is three years from the date of the compliance certificate (reg 2).
Section 106. Government guidance says "Planning obligations for affordable housing should only be sought for residential developments that are major developments", defined for housing as "10 or more homes" or a site of "0.5 hectares or more", though in designated rural areas (including National Parks and AONBs) councils may set a lower threshold (PPG 23b-023). That paragraph dates from September 2019 and refers to an older Framework, so check your local plan. A single home will usually fall below the threshold. Other obligations (for example, a highways agreement) can still be sought if they are necessary (NPPF DM6(4)). Our guide to section 106 agreements has the detail.
Biodiversity net gain (BNG). Householder applications are exempt (Exemptions Regulations 2024 reg 5), but a new house is not a householder application. Since 6 August 2026, the biodiversity gain condition does not apply to development that does not impact an onsite priority habitat and is carried out on a site no larger than 0.2 hectares, for applications made on or after that date (reg 7A). The Government's example is "2 dwellings on a site with an area of 0.16 hectares" with no priority habitat impact, which is exempt, and the application's red-line location plan is "a starting point" for measuring the site (PPG BNG 74-010). Check the red line you draw: if it takes in a large retained garden the site may exceed 0.2 hectares. Otherwise a 10% gain applies (TCPA 1990 Sch 7A para 2(3)). The self-build exemption (reg 8) was removed from 6 August 2026, with a saving only for applications made earlier (SI 2026/790 reg 4(2)).
VAT. HMRC's Notice 708 (section 3) sets out when construction of a new building "designed as a dwelling" can be zero-rated, and DIY housebuilders can claim a refund on the VAT they paid using the VAT431NB service within six months of completion (for buildings completed on or after 5 December 2023), with the building regulations completion certificate and evidence of planning permission. Get tax advice before you rely on either.
We have not quoted build costs, legal fees or land values: they depend on the plot and we have no official source for them.
Practicalities: title, access and consents
- Ownership and notices. If any of the land inside your application's red line, such as a strip needed for access, belongs to someone else, you must give notice to every owner and certify that you have done so (DMPO 2015 art 13 and art 14). The council "shall not entertain" an application until the requirements are satisfied, and knowingly or recklessly issuing a false certificate is an offence (TCPA 1990 s65(5)-(7)).
- Splitting the title. HM Land Registry's form TP1 is used "where a house and garden are registered under one title and you want to sell part of the garden". It needs a plan, and "if there is a mortgage affecting the land you may need to contact the lender and obtain a discharge of part (form DS3)"; easements for the new plot's access and services are dealt with in the form's easements panel (HM Land Registry TP1). Take a conveyancer's advice.
- Covenants. Government guidance says: "Land ownership, including any restrictions that may be associated with land, is not a planning matter" (PPG 13-005). So a covenant is a matter for your title and your solicitor, not the planning officer: read the title register before you pay for design.
- Existing house. Check the original planning permission for your own home for conditions or removed permitted development rights.
If you are the neighbour: how objections work against garden plots
Know what you will be notified of. For an ordinary application, the council must either display a site notice for at least 21 days or serve notice on adjoining owners and occupiers (DMPO art 15(5)); a proposal that departs from the development plan needs a site notice and a newspaper notice (art 15(2)-(3)). A technical details consent application (the second stage after permission in principle) gets a site notice of at least 21 days, with no neighbour-letter alternative (art 15(4A)). For permission in principle the site notice runs "not less than 14 days" and the council cannot decide before that period ends (PiP Order art 5G and 5S(6)). Comment early: once permission in principle is granted, the council "must determine an application for technical details consent in accordance with the relevant permission in principle" (TCPA 1990 s70(2ZZA), subject to the exception in s70(2ZZC)), so location, land use and amount of development are largely settled before the detailed scheme appears. For applications made since 1 April 2026, most section 78 appeals use an expedited written representations procedure (SI 2026/122), so make your case fully in your original comments.
Grounds that carry weight against backland and tandem schemes are those that map to the tests above:
| Ground | Why it can work | Guide |
|---|---|---|
| Overlooking and loss of privacy | L2(1)(d)(ii) requires acceptable "privacy" and "daylight, sunlight" for neighbours | Overlooking and privacy |
| Noise and disturbance from a new household at the end of a garden, and from cars on an access past homes | In an Epsom garden-cabin appeal the Inspector found that "Residential occupation is continuous and associated activity is multifarious" and dismissed the appeal partly on noise and disturbance to neighbours (APP/P3610/C/16/3161004, paragraphs 16-18; an appeal decision, not binding) | Noise and disturbance |
| Traffic, highway safety, parking, emergency and refuse access | TR4(1)(d), TR4(1)(e), TR6(4) | Traffic and parking |
| Character, plot pattern, gap or street scene | DP3(1), (3); L2(1)(d)(i) | Character of the area |
| Footprint and open-space test | L2(1)(d)(iii): twice the footprint and 50% of the non-developed area | See the policy text above |
| Trees and hedges | N3; TPO and conservation area rules | Trees |
| Drainage and flooding | F8; DP3(2)(c) | Drainage and flooding |
| Conflict with a local plan garden or backland policy | PCPA 2004 s38(6); weight depends on consistency with the 2026 Framework (Annex A para 2) | Local plans explained |
What does not work. Government guidance says the courts "have taken the view that planning is concerned with land use in the public interest, so that the protection of purely private interests such as the impact of a development on the value of a neighbouring property or loss of private rights to light could not be material considerations" (PPG 21b-008). A restrictive covenant dispute is also "not a planning matter" (PPG 13-005, above). Our guide to material planning considerations lists what a council may weigh.
Practical steps. Read the application and drawings on the council's register; measure the separation distances and sight lines from your windows and garden; photograph the access and the street scene; quote the policy codes in this guide in your comment; and use our objection letter template and how to object guide. PlanWatch's approval check shows approval rates by council and development type. If permission has already been granted, see objecting after approval.
Wales, Scotland and Northern Ireland
Everything above is England. The Framework, the permission in principle route and the CIL and BNG rules cited here are English; Schedule 7A is headed "Biodiversity gain in England".
- Wales. Planning Policy Wales (Edition 12, last updated 19 July 2024) defines previously developed land by its own list of exclusions. It does not use England's wording excluding "residential gardens" in built-up areas (PPW 12, definition of previously developed land). Permission in principle does not exist in Wales (TCPA 1990 s59A concerns "land in England").
- Scotland. National Planning Framework 4 and the local development plan apply (NPF4). "Planning permission in principle" exists but is a different thing from the English route: a permission subject to approval of specified matters before development begins, to be begun within five years unless the council specifies another period (TCP(S)A 1997 s59).
- Northern Ireland. The retained PPS 7 Addendum, Policy LC 1, allows "the infilling of vacant sites (including extended garden areas) to accommodate new housing" only where the density is "not significantly higher" than the established area, the pattern of development is in keeping, and units meet minimum sizes (Addendum to PPS 7, Policy LC 1; retained under the Department for Infrastructure's retained planning policy). Retained policies cease to have effect in a council's district once that council adopts its Plan Strategy (SPPS Edition 2, paragraph 1.9), so check whether your council's own policies now apply. The Addendum also states that the regional term "previously developed land" "excludes the gardens of dwellings and apartments" (paragraph 2.8).
Official Sources
- National Planning Policy Framework, August 2026: chapter 4 (S1-6), chapter 6 (HO1-13), chapter 12 (L1-3), chapter 14 (DP1-4), Annex A and Annex B
- Community Infrastructure Levy Regulations 2010, regulations 42, 54A-54D and 83
- Biodiversity Gain Requirements (Exemptions) Regulations 2024 and SI 2026/790
- GOV.UK planning practice guidance: permission in principle, self-build and planning obligations
- MHCLG: planning fees from 1 April 2026
- HM Land Registry: part transfer (TP1)
Check what is planned near you
Search planning applications by postcode to see garden and infill schemes near any address, and how your council has decided similar ones.
Frequently Asked Questions
Can I build a house in my back garden?
You can apply, and nothing in the August 2026 NPPF bars new homes in gardens. It gives substantial weight to additional homes within existing plots in settlements, provided the scheme meets the tests in policy L2(1)(d). A new house is not permitted development, so you need planning permission, and the council decides against its local plan and the Framework.
Is a back garden brownfield land?
Not in a built-up area, on the Framework's wording: the Annex B definition excludes "land in built-up areas such as residential gardens".
How much does planning permission for a house in the garden cost?
£610 per dwelling for a full application for fewer than 10 homes in England from 1 April 2026; £531 per 0.1 hectare for permission in principle; £610 per 0.1 hectare for outline on a site under 0.5 hectares (MHCLG schedule). CIL, BNG and VAT are separate.
Do I pay CIL on a house in my garden?
Do I need biodiversity net gain for a house in my garden?
A new house is not exempt as a householder application. Sites of 0.2 hectares or less that do not impact onsite priority habitat are exempt for applications made on or after 6 August 2026 (reg 7A); otherwise a 10% gain applies.
Will I need a section 106 agreement?
Affordable housing obligations should only be sought for major development (10 or more homes or 0.5 hectares or more) (PPG 23b-023, dated 2019). A single garden house is normally below that, but check your local plan.
How do I object to a house being built in a neighbour's garden?
Comment within the consultation period on planning grounds (overlooking, daylight, noise from the access, traffic and parking, character, trees, drainage). Private interests such as property value are not material (PPG 21b-008). For permission in principle, object at that stage (s70(2ZZA)).
What is backland development?
Our shorthand, not a statutory term: new housing built on land behind existing houses, often using garden land and an access past neighbouring homes.
Does this apply in Wales, Scotland and Northern Ireland?
No: the NPPF, permission in principle, CIL exemptions and BNG rules described here are English. See the last section for the position in each nation.
Disclaimer: PlanWatch provides general information about UK planning processes. This content is not legal advice. Planning law is complex and varies by local authority. Consult a qualified planning consultant or solicitor for advice specific to your situation.