Guidance Notes: Landlord Permission -

Sheds, Greenhouses, Shelters, Verandahs, Conservatories, Garages, etc.

 

  1. Landlord Permission

If you’re a council tenant, you must obtain the consent of Wolverhampton Homes to undertake any additions, alterations or improvements to your home. This includes outbuildings such as sheds, greenhouses, shelters, verandahs, conservatories, garages, raised decking areas, sauna cabins, kennels, aviaries, pigeon lofts and ponds.

You must do this before starting the works. Not doing so will mean you are in breach of your contract, which can have serious consequences.

 

  1. Considerations

Factors that will be taken into consideration in considering your application includes the following:

  • Anti-social behaviour
  • Choice of materials
  • Does it comply with the “permitted development rights”?
  • Does it impact upon communal areas?
  • Effect upon neighbours and other residents
  • Environmental reasons
  • Is Building Regulations consent required?
  • Is it in keeping with the local area?
  • Is Planning Permission required?
  • Location
  • Outstanding court orders or legal action
  • Outstanding rent arrears, court costs, repair or miscellaneous accounts
  • The conduct of the tenancy
  • The type of tenancy
  • Waste management for the project

 

  1. Planning Permission

In considering whether to grant permission to undertake any additions, alterations or improvements to your home Wolverhampton Homes shall have due regard to Planning Regulations. However, the applicant is always responsible for ensuring that any appropriate planning permission or building regulations consent has been sought and received.

  1. There are many circumstances which determine the need for planning permission, and whether that permission will be passed or declined including; elevation, proximity to a highway and the effect the structure will have on neighbouring dwellings.

 

  1. Since 2008, outbuildings have been covered by “permitted development rights”, a type of planning classification which says that, as long as you abide by certain rules, you’re granted automatic planning permission without the need to make an application. This rule applies to a host of outbuildings but the main thing is that the outbuilding must be erected for a “purpose incidental to the enjoyment of the dwelling house”. That means building for residential uses like self-contained accommodation, bedrooms, bathrooms, or kitchens is not allowed without planning permission.

 

  1. Residents in England and Wales do not have to apply for planning permission for a shed, garden room or structure provided it meets the following criteria (all measurements are external):
  • Not including the area occupied by the house, the shed does not cover more than 50% of the garden.
  • Your shed is not located on land forward of a wall forming the principal elevation – not in front of your house.
  • The shed is single storey with a maximum eaves height of 2.5 metres and a maximum overall height of 4 metres if it has a dual-pitched roof, or 3 metres in any other case.
  • If the shed is located within 2 metres of the property’s boundary, the entire building is not more than 2.5 metres high.
  • The floor area does not exceed 15 square metres. (Up to 30 square metres may fall under permitted development providing that other conditions are also met).
  • The shed is for domestic use only, by those who occupy the house and contains no sleeping accommodation.
  • The shed has no veranda or balcony. Raised platforms such as decking should be no higher than 30cm from ground level.

 

  1. It’s always worth double-checking the design of your shed or outbuilding meets the criteria for permitted development. If in any doubt contact City of Wolverhampton Council for clarification.

 

  1. Don’t forget about building regulations. These are minimum standards for design, construction and alterations to virtually every building. They’re developed by the Government and approved by Parliament.

 

  1. You don’t normally need Building Regulations Consent for a basic shed or outbuilding provided it’s under 15 square metres and has no sleeping accommodation inside. For all builds normal safety standards will apply, especially if you’re planning to install electrical, gas or mains plumbing connections. Check with the building control body if you’re not sure whether you need approval.

 

  1.  Additional Considerations

 

  1. A storage shed or something to support a hobby is fine provided it meets height restrictions and doesn’t occupy more than half your garden.

 

  1. As long as your shed is under 2.5 metres tall at the eaves, situated in your back garden at least one metre from the neighbouring properties boundary and intended for a use that’s incidental to the enjoyment of your house, you probably don’t need planning permission to build it.

 

  1. You’re usually permitted to keep pet animals and birds in an outbuilding as long as it’s for the domestic needs or personal enjoyment of the occupants of the dwelling house. However, they  must not be kept for breeding or any commercial or illegal purposes.

 

  1. The care of pets is governed by the Animal Welfare Act 2006 and you can be guilty of an offence if you don’t take reasonable steps to ensure the needs of the animals are met.
    • You must keep the area clean and in a good state of repair.
    •  You must not allow the animals to annoy your neighbours or cause a nuisance.

 

  1. If any animals create a constant noise or smell it could constitute a nuisance if it unreasonably and substantially interferes with use or enjoyment of a home or other premises. In addition to this being a breach of your tenancy conditions and putting your tenancy at risk if it is deemed a nuisance, an abatement notice may be served. The penalty for non-compliance can include an injunction or a fine.

 

  1. Decking areas should generally be lower than 300mm above ground level. Where the decking is constructed over drains proper access to those drains must be maintained. The decking (along with all other extensions, outhouses and garden building) should take up no more than 50% of the available garden space.

 

  1. If landlord permission is granted then at a later date you end your tenancy, you must undertake to remove any shed, animal shelter or other structure and reinstate the ground, all to the satisfaction of the Tenancy Officer. If you fail to do this the work will be carried out by Wolverhampton Homes and you will be responsible for the costs.

 

Disclaimer Please note that the content on these pages does not constitute legal advice, and all planning permission decisions are dependent on local authorities. Please contact City of Wolverhampton Council for more information as the planning department can demand that you take the building down.

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