What Class F covers
Class F covers the provision within the curtilage of a house of a hard surface for any purpose incidental to the enjoyment of the house, and the replacement in whole or in part of such a surface (para F). It is not available for a house created by a permitted change of use under Part 3, or built under Part 20 (F.1(a), (b)). Flats have no Part 1 rights, because a "dwellinghouse" does not include a building containing flats (art 2(1)).
The 5 m² condition
| Where the surface is | Area | What the Order requires |
|---|---|---|
| Between the principal elevation and a highway | 5 m² or less | No surface condition |
| Between the principal elevation and a highway | More than 5 m² | Porous materials, or run-off directed to a permeable or porous area or surface within the curtilage (F.2) |
| Anywhere else in the curtilage, such as the back garden | Any | No surface condition |
The 5 m² test applies to "the area of ground covered by the hard surface, or the area of hard surface replaced" (F.2(b)), so relaying an existing front drive of more than 5 m² is caught as well as laying a new one. As a hypothetical example, a new 4 m by 5 m parking space in a front garden is 20 m², so it needs a porous surface or drainage into a lawn or border inside the plot. For Part 1, "highway" includes an unadopted street or a private way (para I).
If an impermeable surface of more than 5 m² in a front garden would drain to the road instead, the condition is not met and the work needs a planning application. From 1 April 2026 the council fee for works within the curtilage of a house is £272.
Dropped kerbs and access to the road
Crossing the pavement to reach a new parking space is a separate question from the surface itself. As general advice, a new or wider dropped kerb needs the consent of the highway authority, so contact it before you book the work.
On the planning side, Part 2 Class B allows forming a means of access to a highway that is not a trunk road or a classified road, where the access is needed in connection with development permitted by another class in Schedule 2, for example a Class F hard surface (Pt 2 para B). Permitted development does not authorise forming, laying out or materially widening an access to a trunk road or classified road (art 3(6)), so a new access onto one of those roads needs a planning application. The same article rules out anything that obstructs the view of road users so as to be likely to cause danger.
Conservation areas, listed homes and Article 4
Class F has no extra limits on article 2(3) land, so the same rules apply in a conservation area. An Article 4 direction can remove Class F for an area (art 4), and a condition on an earlier planning permission can too (art 3(4)). If your home is listed, works to the building itself need listed building consent where they affect its character (LBCA 1990 s7).
A February 2024 government consultation proposed changes to householder rights, but GOV.UK still says "We are analysing your feedback", so the current limits stand.
What the free check tells you
The free check tests your plot outline against the Article 4 directions your council publishes and the other designations we hold, then shows the Class F condition. Where your council does not publish its Article 4 data, we say so rather than report none. It cannot tell whether your road is classified: ask the highway authority.
For certainty: a Lawful Development Certificate
For certainty, apply to your council for a Lawful Development Certificate for proposed works (TCPA 1990 s192). For works within the curtilage the council fee is £136, half the £272 application fee, and the decision is due within 8 weeks of a valid application. A certificate covers planning only, not the highway authority's consent for a dropped kerb. See Lawful Development Certificates and planning fees 2026.