A neighbour's new shed can quickly become a source of frustration, especially if it appears to be built right up against your garden fence. However, whether it's actually breaking the rules depends on more than just how close it is to the boundary.
According to the Planning Portal, many garden sheds and other outbuildings can be built without planning permission because they fall under permitted development rights, provided they meet a number of conditions. The guidance notes that these rules generally apply to houses in England and homeowners should check with their local planning authority, as restrictions can differ in Wales and in protected areas.
Key rules on height and distance
One of the key rules concerns the height of the structure rather than simply its position. The Planning Portal says that if an outbuilding is within two metres of a property's boundary, it must not exceed 2.5 metres in height to qualify as permitted development.
The same guidance explains that sheds, garages, greenhouses and summerhouses are all classed as outbuildings, provided they are for purposes incidental to the enjoyment of the home rather than being used as separate living accommodation. It states that listed buildings and some designated areas are subject to additional restrictions, meaning planning permission may still be required.
Boundary disputes and resolution
Even if a shed complies with planning rules, that does not automatically settle any dispute over where it has been built. HM Land Registry says title plans show the general position of property boundaries but do not usually identify the exact legal boundary line, meaning disagreements sometimes require further evidence.
If you believe a neighbour has built on your land or caused damage to your property, there are steps you can take before resorting to legal action. According to Citizens Advice, neighbours are encouraged to discuss issues informally first, as many disputes can be resolved without involving solicitors or the courts.
For more complicated cases, independent professional advice may be needed. The Royal Institution of Chartered Surveyors (RICS) says chartered surveyors can help establish evidence relating to boundaries and assist with resolving disputes before they escalate.
Ultimately, the distance between a shed and a garden fence is only one part of the picture. Factors including the building's height, its intended use and whether permitted development rights apply are all considered when deciding if it complies with planning rules.
