scotland

Planning Rules - Scotland

Do I need Planning Approval for a detached garage in Scotland

Detached Garage Planning Permission - Scotland


Do I need Planning permission or Building Control approvals?

To help you understand these issues we detail below some of the "conditions" attached to planning permission and Building Regulations. (These apply to Scotland only) Wales, Northern Ireland, England and Ireland regulations are quite different - You should in all instances take local advice.

Do I need permission for a Detached Garage?

The permitted development planning rules relating to detached garages depends upon the distance between the garage and the dwelling. If the garage is more than 5m from the dwelling then it is considered as a separate building and the rules under Class 3 apply. If the garage is within 5m from the dwelling then the garage is considered as an extension to the dwelling and the rules in Class 1 apply.

The Town and Country Planning (General Permitted Development) (Scotland) Order 1992 sets out what development can be built without applying for planning permission.

Do I need permission to build a detached garage within 5 meters of the house.

Class
3.—(1) The provision within the curtilage of a dwellinghouse of any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse, or the maintenance, improvement or other alteration of such a building or enclosure.

(2) Development is not permitted by this class if—
    (a) it consists of a dwelling or a satellite antenna;
    (b) it consists of a building or enclosure where any part of such building or enclosure to be constructed would be both less than 20 metres from any road which bounds its curtilage and would be nearer to the road than the part of the original dwellinghouse nearest to it;
    (c) it consists of a building where the building to be constructed or provided would have a floor area greater than 4 square metres, any part of it would be within 5 metres of any part of the dwellinghouse;
    (d) the height of that building or enclosure would exceed—
      (i)4 metres, in the case of a building with a ridged roof; or
      (ii)3 metres, in any other case;
    (e) the total area of ground covered by buildings or enclosures within the curtilage (other than the original dwellinghouse) would exceed 30% of the total area of the curtilage (excluding the ground area of the original dwellinghouse); or
    (f) in the case of any land in a conservation area or land within the curtilage of a listed building, it would consist of the provision, alteration or improvement of a building with a floor area greater than 4 square metres.


(3) For the purposes of this class "purpose incidental to the enjoyment of the dwellinghouse" includes the keeping of poultry, bees, pet animals, birds or other livestock for the domestic needs or personal enjoyment of the occupants of the dwellinghouse.

    Do I need permission to build a detached garage more than 5 meters from the house.

    Class
    1.—(1) The enlargement, improvement or other alteration of a dwellinghouse.

    (2) Development is not permitted by this class if—

      (a) the floor area of the resulting building would exceed the floor area of the original dwellinghouse—
        (i) in the case of a terrace house or of a dwellinghouse in a conservation area by more than 16 square metres or 10%, whichever is the greater;
        (ii) in any other case, by more than 24 square metres or 20%, whichever is the greater;
        (iii) in any case by more than 30 square metres;
      (b) the height of the resulting building would exceed the height of the highest part of the roof of the original dwellinghouse;
      (c)
        (i) in the case of a dwellinghouse within a conservation area any part of that development would extend beyond the building line of the original dwellinghouse on any side of the house where its curtilage is bounded by a road;
        (ii) in any other case any part of that development would be both less than 20 metres from any road which bounds its curtilage and would be nearer to the road than the part of the original dwellinghouse nearest to it;
      (d) any part of the development which would be within 2 metres of the boundary of the curtilage of the dwellinghouse—
        (i) would be increased in height as a result of the development; and
        (ii) would exceed 4 metres in height;
      (e) the total area of ground covered by buildings within the curtilage (other than the original dwellinghouse) would exceed 30% of the total area of the curtilage (excluding the ground area of the original dwellinghouse);
      (f) it would consist of or include the installation, alteration or replacement of a satellite antenna;
      (g) it would consist of or include the erection of a building within the curtilage of a listed building;
      (h) it would consist of or include any alteration to the roof of the original dwellinghouse; or
      (i) in the case of a dwellinghouse in a conservation area the development would consist of or include the cladding of any part of the exterior with stone, artificial stone, timber, plastic or tiles or any other material.

    (3) For the purposes of this class—
      (a) the erection within the curtilage of a dwellinghouse of any building with a floor area greater than 4 square metres and within 5 metres of any part of the dwellinghouse shall be treated as the enlargement of the dwellinghouse for all purposes;
      (b) where any part of the dwellinghouse would be within 5 metres of an existing building within the same curtilage, that building shall be treated as forming part of the resulting building for the purpose of calculating the floor area;
      (c) "resulting building" means the dwellinghouse as enlarged, improved or altered, taking into account any previous enlargement, improvement or alteration to the original dwellinghouse, whether permitted by classes 1 to 6 or not;

      "terrace house" means a dwellinghouse—
        (i) situated in a row of three or more buildings used, or designed for use, as single dwellinghouses; and
        (ii) having a mutual wall with, or having a main wall adjoining the main wall of, the dwelling house (or building designed for use as a dwellinghouse) on either side of it at the end of a row,
      but includes the dwellinghouses at each end of such a row of buildings as is referred to.


    BUILDING REGULATIONS - Scotland

    The Scottish Domestic Handbook 2009 section 0   Schedule 3 Type 3 gives the requirements for

    A detached single-storey building, having an area exceeding 8 square metres but not exceeding 30 square metres, ancillary to and within the curtilage of a house.

    Building warrant is required if

    • A building within 1 metre of the house unless it is at least 1 metre from any boundary.
    • A building containing a fixed combustion appliance installation or sanitary facility.
    • A swimming pool deeper than 1.2 metres.

    and Schedule 3 Type 4 gives the requirements for A detached single-storey building, having an area exceeding 8 square metres but not exceeding 30 square metres, ancillary to and within the curtilage of a flat or maisonette.

    Building warrant is required if
    • A building within 1 metre of the flat or maisonette or within 3 metres of any other part of the building containing the flat or maisonette.
    • A building within 1 metre of a boundary.
    • A building containing a fixed combustion appliance installation or sanitary facility.
    • A swimming pool deeper than 1.2 metres.