Garden law: what you can and can’t do in your garden

Whether you're redesigning your outdoor space or making small upgrades, it's important to know that UK law doesn't stop at your front door. Garden projects—large or small—can involve rules around planning permission, boundaries, environmental protections, and neighbour disputes.

This guide brings together all the essentials: what you can legally do in your garden, what needs permission, and where to seek advice if you’re unsure.

1. Garden buildings: sheds, offices and summerhouses

Under permitted development rights, you can build certain outbuildings in your garden without planning permission. However, there are limits:

Maximum height of 2.5m if within 2 metres of a boundary
Up to 3m for flat roofs and 4m for dual-pitched roofs if further from the boundary
Must not cover more than 50% of the garden area
Must not be used for sleeping or residential accommodation
Must not be built in front of the principal elevation of the house

You will need planning permission if:

The outbuilding is over 30 square metres in floor area
You live in a listed building or conservation area
You plan to use the structure as living accommodation or to rent it out

See how we design and install garden buildings

2. Garden fences, walls and gates

You generally do not need planning permission for a new fence or wall if:

It is under 2 metres high (or under 1 metre if next to a public highway)

Planning permission is required if:

The structure exceeds height limits
You live in a listed building or conservation area
You’re changing a historic or protected boundary feature

Ownership of garden fences can be determined by checking your property deeds or Land Registry plan. Contrary to popular belief, there’s no legal rule that you own the left-hand or right-hand fence by default.

Explore our fencing and boundary solutions

3. Trees and hedges

Trees may be protected under Tree Preservation Orders (TPOs) or local conservation area rules. You must apply for permission before carrying out any work on protected trees, even on private land.

Fines for unauthorised tree work can exceed £20,000.

Under the Anti-social Behaviour Act 2003, high hedges (over 2m tall) can be subject to council action if they block light or enjoyment of a neighbour’s property.

Learn about our tree care and hedge trimming services

4. Garden drainage and paving

If you are paving over more than 5m² of your front garden with non-permeable material (like concrete or tarmac), you may need planning permission unless water drains naturally into the ground.

Approved alternatives include:

Permeable block paving
Gravel and porous surfaces
Soakaways and rain gardens

Redirecting water into public drains without permission is illegal under drainage law.

View our garden drainage and paving solutions

5. Lighting and electrics

Outdoor lighting should be carefully positioned to avoid light pollution or nuisance to neighbours. It is considered a statutory nuisance if it interferes with someone’s use of their home.

All electrical work in gardens must comply with Part P of the Building Regulations. Use a qualified electrician and install weatherproof sockets and wiring.

6. Decking and raised structures

You may need planning permission if your decking or platform:

Is over 30cm (300mm) in height
Raises overlooking issues or impacts neighbours' privacy
Occupies more than 50% of your garden area

Explore custom decking and timber designs

7. Hot tubs and swimming pools

In most cases, temporary hot tubs and above-ground pools do not require planning permission. However, permanent structures and in-ground pools may need consent—especially if they significantly alter the land or drainage.

8. Pergolas, greenhouses, and garden structures

These typically fall under permitted development if they adhere to standard height and size restrictions.

They should not block public access paths or be located in front of the main house.

See how we design garden structures like pergolas and gazebos

9. Wildlife and conservation

Protected species laws make it illegal to disturb:

Nesting birds during the breeding season
Bats and their roosts
Badger setts and other protected habitats

Check with Natural England or your local council before starting work that might impact wildlife.

10. Bonfires and garden waste

There are no laws against having a garden bonfire, but it must not cause excessive smoke or be a statutory nuisance. Burning plastic, rubber or treated wood is prohibited. Composting is encouraged where possible.

Final advice

Even in your own garden, you may need permission for changes. Check your local council’s planning portal or consult the national Planning Portal for up-to-date guidance.

When in doubt, consult a professional landscaper, architect, or planning consultant to ensure your plans are fully compliant.

How Flourish Landscaping can help

At Flourish Landscaping, we specialise in creating beautiful, functional gardens that meet all legal and planning requirements. From tree care and fencing to drainage, decking and custom structures, our expert team can help you plan, design and build outdoor spaces that are both stunning and compliant.

We offer guidance on permitted development, sustainable drainage systems (SuDS), tree preservation, garden structures and more—so you stay on the right side of UK garden law.