Class F – hard surfaces incidental to the enjoyment of a dwellinghouse

What is allowed

Development consisting of—

• the provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of the dwellinghouse as such; or
• the replacement in whole or in part of such a surface.

Development is permitted by Class F subject to the condition that where—

1. the hard surface would be situated on land between a wall forming the principal elevation of the dwellinghouse and a highway, and
2. the area of ground covered by the hard surface, or the area of hard surface replaced, would exceed 5 square metres,

either the hard surface is made of porous materials, or provision is made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the dwellinghouse.

Where can I use it

On existing houses in England

What is not allowed

You cannot use it where:

• permission to use the dwellinghouse as a dwellinghouse has been granted only by virtue of Class M, N, P, PA or Q;
• the dwellinghouse is built under Part 20 of this Schedule (construction of new dwellinghouses).

• In the case of any land within the curtilage of the dwellinghouse which is within—
• an area of outstanding natural beauty;
• the Broads;
• a National Park; or
• a World Heritage Site,
• development is not permitted by Class E if the total area of ground covered by buildings, enclosures, pools and containers situated more than 20 metres from any wall of the dwellinghouse would exceed 10 square metres.

In the case of any land within the curtilage of the dwellinghouse which is article 2(3) land, development is not permitted by Class E if any part of the building, enclosure, pool or container would be situated on land between a wall forming a side elevation of the dwellinghouse and the boundary of the curtilage of the dwellinghouse.

How do I use the allowance

This is a normal allowance – no application is needed but a Certificate of Lawfulness may be sought if you want to use it.

Our Notes

Class F is a very open permitted development allowance that even apply’s to Listed buildings and houses in Conservation Areas. If your dwelling is within a Conservation Area please check with your LPA to see if there is an Article 4 direction.