Does a patio need planning permission?
By Terry O'Reilly, owner, 17 years on the tools. Updated . 4 min read.
A patio laid at ground level in a back garden does not need planning permission. You do need it if the patio or decking is raised more than 300mm above the ground, if raised decking and your other extensions together would cover more than half the garden, or if the house is listed. A ground-level patio has no size limit at the back of a house. In a conservation area or at the front of the house it is worth a quick check with the council first.
When does a patio not need planning permission?
Nearly always. Laying a patio, path or hard surface in your back garden at or near ground level is permitted development for a house, so there is no application and no fee. It does not matter whether it is porcelain, Indian sandstone or concrete flags, and it does not matter how big it is, within reason. The rules that follow are the exceptions, and most people in Milton Keynes never meet one.
When does a patio need planning permission?
- It is raised more than 300mm above the ground. The Planning Portal puts the limit at 30cm for decking and raised platforms, and a raised patio counts as a platform. Step up to it from a sloping garden and it is easy to go over without noticing.
- It is raised decking or a platform that would cover more than half the garden. For decking and raised platforms, the total with extensions and outbuildings cannot pass 50 per cent of the garden. A patio at or near ground level has no area limit at the back or side of the house, according to the Planning Portal.
- The house is listed. Around a listed building there is no permitted development for decking or platforms, and a patio close to the house can need listed building consent. Ask first.
- It is in front of the house. Anything forward of the front wall follows the driveway rule: over five square metres of non-permeable surface draining to the road needs permission. See do I need planning permission for a driveway.
- Your permitted development rights have been removed. That happens on some newer estates by a planning condition, and in a few conservation areas by an Article 4 direction. Check with the council if you are not sure.
Flats and maisonettes do not have these rights at all, so a patio for a ground floor flat is a question for the freeholder and the council.
What counts as a raised patio?
Milton Keynes has a lot of gardens that slope away from the house, especially the newer estates around Shenley and the older plots in Woburn Sands. The easy way to get a level patio is to build it up with a retaining wall and backfill, and that is where the 300mm line comes in. Measure from the natural ground level at the lowest point of the patio to the finished surface. If the far edge is more than 300mm up, it is a raised platform and it needs an application.
The alternative is to cut into the slope rather than build up: dig the patio into the bank, retain the higher ground behind it with a wall, and keep the finished level close to the ground. That usually avoids the rule, keeps the patio more private, and it is how we handle most sloping gardens. Our steps, levelling and raised patios page shows the approach.
Would you rather just ask Terry?
A photo and a question on WhatsApp gets a straight answer, usually the same day.
Does decking need planning permission?
The same rules apply. Decking at or under 300mm above ground, covering less than half the garden, not at the front and not at a listed house, is permitted development. Go higher and it needs an application, and the reason is overlooking: a deck 600mm up puts you at eye level with your neighbour's fence and their garden. That is also why the council is more careful with raised patios and decks near boundaries. Our decking page covers timber and composite.
Do I need building regulations for a patio?
Not for the patio itself. Building regulations get involved if a retaining wall is holding back a lot of ground, if the patio changes the drainage in a way that affects the house, or if it bridges the damp proof course. The last one is the common mistake: a patio laid flush with an internal floor level puts the paving above the damp course and damp comes through the wall. We lay patios at least 150mm below the damp course, with a step at the door, or fit a drainage channel where a level threshold is wanted.
Where does the rain go?
Planning does not police back garden drainage the way it does front drives, but it matters more, because a patio that drains towards the house floods the kitchen. Every patio we lay has a gentle slope away from the house to a lawn, border, channel drain or soakaway, on a base of 100mm of compacted stone. On Milton Keynes clay a soakaway may need to be bigger than the textbook, and Terry checks how your ground drains on the visit rather than guessing. See garden and driveway drainage if a garden already floods.
Should I tell the neighbours?
You do not need their permission for a ground-level patio. You do need to keep it on your land, so the edge should stop at the boundary, not straddle the fence line. If you are building a retaining wall on the boundary, or a raised patio that overlooks them, tell them before we start. It costs nothing, and a raised patio that goes to the council is far more likely to be refused after a neighbour objects than one where the neighbour already said fine.
Weighing up the materials next? Read porcelain vs Indian sandstone. Our patios page covers what we lay across Milton Keynes and the towns around it, and the cost guide explains what moves the price.
