Planning permission
Do you need planning permission for decking or a hot tub?
- Covers
- decking, deck, raised deck, raised patio, terrace, hot tub, swimming pool, pergola, gazebo, veranda
- The law
- GPDO 2015, Schedule 2, Part 1, Class E (paragraph E.1(h)) and paragraph I; Class A (paragraph A.1(k)(i))
- Applies to
- England
Short answer
Decking no more than 0.3 metres high needs no planning application for a house in England, provided it also meets the other Class E limits, including nothing forward of the front wall of the house, and nothing within the curtilage of a listed building. Anything higher is a "raised platform". Class A (extensions) and Class E (garden buildings) both exclude raised platforms, verandahs and balconies, so a raised deck needs planning permission.
A built-in hot tub or pool, a pergola or a gazebo also falls under Class E, which covers "any building or enclosure, swimming or other pool" in the garden. Structures such as pergolas are held to 2.5 metres high within 2 metres of a boundary.
Check your own project Check your address
The 0.3 metre rule
"raised" in relation to a platform means a platform with a height greater than 0.3 metres
(h) it would include the construction or provision of a verandah, balcony or raised platform;
A platform exactly 0.3 metres high is not raised. One at 0.31 metres is. The technical guidance adds that ground level does not include anything laid on top of the ground, such as decking, so you cannot measure a new deck from an old one.
Decking on a slope
Article 2(2) of the Order measures height from the ground immediately next to the structure, and where that ground is not level, from its highest part. Read literally, that lets a deck on a slope stand well over 0.3 metres above the ground at its low end. Article 2(2) applies "unless the context otherwise requires", and a council may not accept that reading for a platform. If any part of your deck will be more than 0.3 metres above the ground beneath it, get a certificate before you build.
Hot tubs and pools
Class E names "swimming or other pool", so a sunken or built-in hot tub can be assessed as a pool. The Class E limits treat pools differently from buildings:
| Limit | Applies to pools? | Paragraph |
|---|---|---|
| Not forward of the principal elevation | Yes | E.1(c) |
| Not within the curtilage of a listed building | Yes | E.1(g) |
| 50% coverage of the curtilage | No, the test counts buildings, enclosures and containers only | E.1(b) |
| Height limits | No, the test covers buildings, enclosures and containers only | E.1(e) |
| Not beside the house on article 2(3) land | Yes | E.3 |
A tub set on a deck higher than 0.3 metres takes the deck outside Class E. The Order does not deal with a portable tub that simply rests on an existing patio; if you are unsure whether yours is development at all, a certificate settles it.
Pergolas, gazebos and verandahs
The Order defines "building" to include "any structure or erection", so a freestanding pergola or gazebo is a building for Class E: 2.5 metres high if any part is within 2 metres of a boundary, otherwise 3 metres (4 metres with a dual-pitched roof), eaves no higher than 2.5 metres, and counted in the 50% coverage test. The technical guidance says buildings attached to the house fall under Class A, not Class E. A verandah, which the guidance describes as a platform along the outside of a building at ground level, usually roofed, is excluded from both. For raised terraces at first floor, see balconies and roof terraces.
What this means for you
- Design the deck to stay at or below 0.3 metres, stepping down with the ground if the garden slopes.
- Keep everything behind the front wall of the house.
- Flats and maisonettes have no Class E rights: see flats and maisonettes.
- The permitted development checker runs through the Class E tests, including the ones that apply on article 2(3) land.
Getting certainty
A lawful development certificate under section 192 of the Town and Country Planning Act 1990 confirms that a proposed deck, pool or structure would be lawful, and the council has 8 weeks to decide. It is the sensible step where a deck sits near 0.3 metres on sloping ground. See lawful development certificates.
Sources
- GPDO 2015, Schedule 2, Part 1 (Classes A and E, paragraph I) legislation.gov.uk
- GPDO 2015, article 2 (interpretation and ground level) legislation.gov.uk
- Permitted development rights for householders: technical guidance, September 2019 gov.uk
- Town and Country Planning Act 1990, section 192 legislation.gov.uk