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GPDO 2015 England Permitted Development rules · statutory fees effective 1 April 2026

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Garden & Outbuildings Schedule 2, Part 1 & TCPA 1990 s.55 · Incidental vs ancillary

Garden Annexes & Sleeping in Outbuildings: Planning Rules Explained

Class E only covers outbuildings used for purposes incidental to the house – an office, gym, studio or store. The moment a garden building includes a bedroom, it becomes ancillary accommodation, which needs a £548 householder application. Renting it out or living independently goes further still. Check your plans below.

If PD
£0
Application
£548
Decision
8 wks

Step 1 · Your project

Annexes & Sleeping checker

How will the building be used?
Will it be rented out (including Airbnb)?
Within 2.0m of a boundary?
Roof style
2.5m

Rules reflect the GPDO 2015 (England) for houses. Flats, maisonettes, listed buildings and Article 4 areas have restricted rights. Disclaimer.

Step 2 · Live statutory assessment

Permitted Development – Class E (Incidental Use)

Incidental vs ancillary

As an office, gym or studio of 2.5m, your garden building is Class E Permitted Development. Do not use it as a bedroom.

  • Incidental use is covered by Class E.
  • Height 2.5m is within the 2.5m Class E limit.
SIDE ELEVATION – USE & HEIGHT CHECK
HOUSE BOUNDARY MAX HEIGHT 2.5m 2.5m 2.0m ZONE WITHIN 2m OF BOUNDARY

England fees & timings (from 1 April 2026)

Council application fee

£0

Class E Permitted Development

Lawful Development Certificate

£136

Confirms incidental use

Decision time

0 weeks

Build immediately

Applying online via the Planning Portal adds a £91 service charge (inc. VAT).

Builder & neighbour spec sheet

Export these exact limits and your answers to share with your contractor.

At a glance

Annexes & Sleeping: the statutory limits in England

  • Incidental uses (office, gym, studio, playroom, hobby, storage) are covered by Class E within its size limits.
  • Ancillary accommodation – a bedroom or annexe used by a member of the household – is not incidental and needs a householder application (£548).
  • Independent living (separate household, own front door and facilities, let or sold) is a new dwelling needing full planning permission.
  • Councils usually attach a condition tying an approved annexe to the main house, preventing separate letting or sale.
  • Short-term holiday letting of a garden building is likely a material change of use.
  • Any sleeping accommodation brings the building into full Building Regulations, regardless of floor area.

Statutory reference

Legislation summary & 2026 fee table

England statutory planning fees effective 1 April 2026. Wales, Scotland and Northern Ireland operate different regimes.

GPDO legislation and fee summary for Garden Annexes & Sleeping Accommodation
Primary legislation Town and Country Planning (General Permitted Development) (England) Order 2015 (SI 2015/596), as amended
GPDO Schedule / Part Schedule 2, Part 1 & TCPA 1990 s.55
Class Class E (incidental use only) – ancillary/independent use requires planning permission
Exact reference GPDO 2015 Sch.2 Pt.1 Class E, E.1(b)–(k) & E.4 interpretation; TCPA 1990 s.55(1), s.55(2)(d)
Standard application fee £548 – Householder planning application
Lawful Development Certificate (proposed) £136 – optional proof the works are lawful
Planning Portal service charge £91 (inc. VAT) if submitted online
Council determination period 8 weeks
Key exclusions A separate dwelling requires full planning permission for a new home, with a higher fee and possible CIL liability.

Avoid enforcement

The 3 most common homeowner traps

Trap #1

‘It’s only an occasional guest bed’

Councils look at how a building is actually used. A sofa bed in a garden office used now and then by visitors is a grey area, but a room fitted out as a bedroom – bed, wardrobe, shower – is ancillary accommodation. Neighbours report these, and enforcement can require the use to stop.

Trap #2

Kitchen + bathroom + bedroom = self-contained

Once a building has all the facilities for day-to-day living, councils may treat it as a separate dwelling, not an annexe – with council tax banding by the VOA and possibly CIL. Residential annexes can qualify for a CIL exemption, but it must be claimed before work starts.

Trap #3

The caravan ‘loophole’ misunderstood

Stationing a genuine caravan or mobile home within the curtilage for use ancillary to the house generally does not need planning permission because it is not operational development – but only if it meets the legal definition of a caravan and remains part of the household. Fixed ‘lodges’ on concrete bases are buildings.

Separate legal regimes

Building Regulations vs planning permission

Sleeping accommodation removes every Building Regulations exemption for outbuildings, whatever the size:

Fire safety (Part B)
Escape windows, mains-wired smoke alarms and fire separation from the boundary; consider fire service access for remote garden plots.
Energy & ventilation (Parts L and F)
Full insulation to new-dwelling standards for an annexe, with background and extract ventilation to prevent condensation.
Drainage (Part H)
New foul drainage to the main sewer, often via a pumping station if the annexe sits lower than the house drains.
Electrics & water (Parts P and G)
New circuits are notifiable; hot water and sanitary facilities must comply with Part G.

An annexe built close to a neighbour’s garage or house may need Party Wall etc. Act 1996 notices – Section 6 for foundations within 3m and deeper than theirs (one month), or Section 1 for a wall on the boundary line (one month).

FAQs

Annexes & Sleeping: frequently asked questions

Can I sleep in my garden room?

Not if it was built under Class E as an incidental building. Using it as a bedroom changes it to ancillary accommodation, which needs a householder planning application (£548, plus £91 if submitted online) and full Building Regulations approval.

How much does planning permission for a granny annexe cost?

A householder application for an ancillary annexe costs £548 in England from 1 April 2026, plus the £91 Planning Portal service charge if you apply online. Drawings, a planning statement and Building Regulations fees are extra.

Will my annexe have its own council tax bill?

The Valuation Office Agency decides. A self-contained annexe can be banded separately, but annexes occupied by a dependent relative can be exempt, and those used by family members as part of the main home often receive a 50% discount.

Can I rent out my garden annexe on Airbnb?

Usually not without permission. Letting creates a separate commercial or residential use, and most approved annexes carry a condition keeping them ancillary to the main house. Apply for permission first.

Sources: The Town and Country Planning (General Permitted Development) (England) Order 2015 and amendments (legislation.gov.uk); MHCLG ‘Permitted development rights for householders: technical guidance’; the Town and Country Planning (Fees for Applications…) (England) Regulations 2012 as amended; Building Regulations 2010 Approved Documents; Party Wall etc. Act 1996. Last reviewed 15 October 2026. See our editorial standards and disclaimer.

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