Welcome to our new Blog series “Joe Pepper Explains” where we ask Bridge McFarland’s resident property expert, Joe, to offer some useful tips and advice to homeowners.
A well-planned garden renovation can add value to your home, create additional living space and make your property far more enjoyable to use. But as a property lawyer, I’ve seen many cases where seemingly simple garden improvements have led to expensive legal disputes, planning enforcement action and even criminal penalties.
Whether you’re installing a garden room, building raised decking or replacing boundary fencing, it’s important to understand that your garden isn’t always a legal free-for-all. Certain works require permissions, approvals or consultations before you begin.
Here are six common garden renovation mistakes that can cause serious legal headaches for homeowners.
1. Removing or Pruning Protected Trees Without Permission
Many homeowners assume they can do what they like with trees growing on their own land. Unfortunately, that’s not always the case.
If a tree is protected by a Tree Preservation Order (TPO) or located within a conservation area, you may need permission from your local planning authority before carrying out any work.
Under the Town and Country Planning Act 1990, unauthorised felling, topping, lopping, uprooting or deliberate damage to a protected tree can be a criminal offence. In serious cases, courts have the power to impose unlimited fines, and local authorities can require replacement trees to be planted.
Another issue that is often overlooked is that some trees were planted to satisfy planning conditions attached to the property. Removing those trees can trigger planning enforcement action, even if the property has since changed ownership.
Importantly, buying a property doesn’t necessarily remove liability. If protected trees were removed before you purchased the home, you may still inherit obligations relating to replacement planting or existing planning breaches.
2. Building Raised Decking Without Checking Planning Rules
Decking remains one of the most popular garden improvement projects, but homeowners are often surprised to learn that planning permission may sometimes be required.
While many decking projects fall within permitted development rights, problems can arise where:
- The decking is raised more than 30cm above ground level.
- Structures and outbuildings cover more than 50% of the land surrounding the house.
- The property is subject to specific planning restrictions.
If planning permission is required and hasn’t been obtained, the local authority may serve an enforcement notice requiring the decking to be altered or removed.
The financial risk usually arises when homeowners ignore enforcement action. Failure to comply with an enforcement notice can ultimately lead to prosecution and substantial fines.
3. Burning Garden Waste That Causes Smoke or Nuisance
Bonfires can quickly become more than just a neighbourhood annoyance.
Burning damp garden waste, treated timber, plastics or other unsuitable materials can result in smoke, fumes and odours that may constitute a statutory nuisance under the Environmental Protection Act 1990.
Local authorities have powers to investigate complaints and issue abatement notices where necessary. Breaching an abatement notice is a criminal offence and can lead to fines and ongoing penalties if the issue continues.
There can also be wider safety concerns. Smoke drifting onto nearby roads can create visibility hazards for motorists, potentially leading to additional legal consequences.
As a general rule, treated timber, plastics and household waste should never be burnt in a residential garden.
4. Installing a Garden Room Without the Necessary Permissions
Garden rooms have become increasingly popular as home offices, gyms and entertaining spaces. However, many homeowners wrongly assume that planning permission is never required.
Whether a garden room falls within permitted development depends on several factors, including:
- Its height and overall size.
- Its location within the garden.
- Its proximity to neighbouring boundaries.
- How it will be used.
If the structure exceeds permitted development limits, planning permission may be required before construction begins.
Where a garden room has been built without the necessary consent, the local authority may require a retrospective planning application. If permission is refused, alterations or complete removal of the structure may be necessary.
Unlawful garden buildings can also create complications during a future sale, as buyers and mortgage lenders often ask for evidence confirming that any outbuildings have been lawfully constructed.
5. Forgetting About Drains and Sewers Beneath Your Garden
One of the most expensive mistakes I see homeowners make involves building over infrastructure they didn’t even realise existed.
Many gardens contain:
- Inspection chambers.
- Shared drains.
- Lateral drains.
- Public sewers.
Just because a pipe runs beneath your land does not automatically mean you can build over it.
If you’re planning a garden room, extension or raised decking over a public sewer, you may need consent from the relevant water company, often in the form of a build-over agreement.
Importantly, obtaining planning permission does not remove this separate requirement.
Failure to secure the necessary approvals can lead to significant problems later, including:
- Expensive alterations or demolition work.
- Access disputes with utility companies.
- Drainage and maintenance issues.
- Difficulties when selling or remortgaging the property.
Buyers and lenders routinely ask whether build-over consent was required and obtained, making this a problem that often surfaces years after construction has finished.
6. Erecting an Over-Height Fence
Boundary fences are another area where homeowners frequently fall foul of planning regulations.
In most cases:
- Fences, walls and gates above two metres in height require planning permission.
- The limit can reduce to one metre where the boundary fronts a highway used by vehicles.
Installing an over-height fence without permission will not usually result in an immediate fine. However, local authorities can take enforcement action requiring the structure to be reduced in height or removed altogether.
If an enforcement notice is ignored, prosecution and substantial financial penalties may follow.
Joe’s Property Law Tip
Before starting any garden renovation project, take a few moments to check whether:
- Your property is located within a conservation area.
- Trees are protected by a Tree Preservation Order.
- The work falls outside permitted development rights.
- Drainage infrastructure may be affected.
- Additional approvals are required from utility providers or neighbouring landowners.
A quick conversation with your local planning authority or professional adviser before work begins is almost always cheaper than dealing with enforcement action afterwards.
If you’re unsure whether your proposed garden project is lawful, obtaining advice early can save significant time, expense and stress further down the line.
For help and advice with any residential property matter, contact me, Joe Pepper at enquiries@bmcf.co.uk.
