It’s lights out and away we go as the Formula 1 Circus roles in to Silverstone early next month. This will be a very popular event, even despite the struggles of the British interest in Lewis Hamilton, George Russell & Lando Norris.

It’s no surprise we love motorsport, with 77% of all households in Britain owning at least once car. However, this makes for congested roads, so what are the planning permission and building regulations considerations for car parking areas? Also, we explore restrictions for parking your car on the roadway outside of your home.

Garage

For a house, a garage is classed as an outbuilding. Outbuildings are considered to be permitted development, not needing planning permission, subject to the following conditions:

• It cannot be built forward of a wall forming the principle elevation.
• It must be single storey with maximum eaves height of 2.5 metres and maximum overall height of four metres with a dual pitched rood or three metres for any other roof type.
• No verandas, balconies or raised platforms are allowed.
• No more than half of the area of land around the “original house”, meaning the Property as it stood on 1 July 1948, or as Planning Permission was granted for if post this date, can be covered in outbuildings. This includes outbuildings which are standing.
• In National Parks, the Norfolk Broads, Areas of Outstanding Natural Beauty and World Heritage Sites, the maximum area to be covered by buildings or outbuildings is limited to 10 square metres.
• In National Parks, the Norfolk Broads, conservation areas and World Heritage Sites, a garage to the side of the Property will require Planning Permission.
• A garage built anywhere within the curtilage of a listed building will require planning permission.

If the garage is to be an attached to or included within an existing home, Building Regulations approval and a Completion Certificate will usually be required.

The construction of a stand-alone garage would not need Building Regulations approval or a completion certificate unless:-

• The floor area is greater than 15 square meters; or
• The floor area is between 15 and 30 meters and the garage is at least one metre from any boundary, or is constructed from substantially non-combustible materials.

Any electrical installations or heating within the garage will require Building Regulations Completion Certificates, as will any solar panels attached to the roof.

Driveway

Provided that the area of land is in between the front of the property and the Highway, you don’t need planning permission to build or replace a driveway of any size if:

• You use permeable surfacing, for example gravel, permeable concrete block paving or porus asphalt;
• The rainwater flows to a lawn or border the drain naturally.

However, if you cover more than fixe square meters using traditional materials that don’t let water through, you need planning permission.

If the driveway is in any location other than the front of your property, planning permission may be required.

Provided that you do not make the access to the dwelling any less satisfactory than it was before, building regulations approval and completion certificates will not be required. However, if you change the levels, for example, introduce steps where there was none before, then this will require building regulations sign off.

Parking on the Road

Generally speaking, vehicles are allowed to park on roads provided that they are taxed (or exempt), tested (or exempt) and insured. However, special care must be taken not to block driveways or access and not to park in a manner which would impede the progress of other vehicles, especially emergency vehicles. When parking outside your home, always make sure that a Fire Engine could comfortably pass if it needed to.

You need to be aware of any local byelaws or Council rules, such as double-yellow lines, single yellow lines and restrictions on parking or loading. Some properties may have designated spaces for the disabled and you should ensure you do not park in or block these. Similarly, do not park over a single white bar painted on the road, as this is often sign of a granted access.

When purchasing or selling a property, a question on the Property Information Form is whether the Property is in a parking controlled area. This asks whether there are special rules such as permits required in order to park on the road. Buyers should fully understand the process of obtaining a permit and ensure that can obtain one. Sellers should be prepared to provide this information if they live in such an area.

Also, purchasers would be advised to check the section on the Property Information Form regarding disputes. Parking disputes between neighbours are all too common. A seller should disclose these on the Property Information Form and so if you are thinking of selling, you would be prudent to resolve it. Whilst still disclosable, a resolved dispute is surely better than an ongoing one.

We hope that this article has been of use to you.

This does not cover every situation and does not constitute legal advice. However, if you are considering purchasing or selling a property and you believe that parking or a parking area may be an issue, please call the team here at Eaton Smith who will be happy to discuss the position more specifically if you choose to instruct us.