What Class E covers
Class E covers the provision, within the curtilage of a house, of any building or enclosure, swimming or other pool "required for a purpose incidental to the enjoyment of the dwellinghouse as such", and of a container for heating oil or liquid petroleum gas (para E). Keeping poultry, bees, pet animals, birds or other livestock for the household's own needs or enjoyment counts as incidental (para E.4).
The limits
| Rule | Limit | Source |
|---|---|---|
| Garden coverage | Buildings, enclosures and containers other than the original house cover no more than 50% of the curtilage, leaving out the original house's footprint | E.1(b) |
| Position | No part forward of the principal elevation of the original house | E.1(c) |
| Storeys | Single storey only | E.1(d) |
| Height | 2.5 m within 2 m of the boundary; otherwise 4 m with a dual-pitched roof, or 3 m for any other roof | E.1(e) |
| Eaves | No higher than 2.5 m | E.1(f) |
| Listed buildings | Not within the curtilage of a listed building | E.1(g) |
| Not included | Verandahs, balconies and raised platforms (more than 0.3 m high) | E.1(h), para I |
| Use | Not a dwelling, and not a microwave antenna | E.1(i) |
| Oil or LPG container | No more than 3,500 litres | E.1(j) |
How the height limits work
Para E.1(e) lists three heights: 4 m for a building with a dual-pitched roof, 2.5 m for a building, enclosure or container within 2 m of the boundary of the curtilage, and 3 m in any other case. Our check applies the 2.5 m figure to anything within 2 m of a boundary, whatever its roof shape, and the 4 m or 3 m figure only further away. Separately, the eaves must not exceed 2.5 m anywhere (E.1(f)).
Heights are measured from the ground next to the building, using the highest part of the ground where it slopes (art 2(2)). The Order does not say whether exactly 2 m from a boundary counts as "within 2 metres", so keep a margin. As a hypothetical example, a garden office 1 m from the back fence must be no higher than 2.5 m; moved 3 m away with a dual-pitched roof, it could be up to 4 m high, with eaves still no higher than 2.5 m.
Incidental use, not a separate home
A garden room, gym, shed or store used by the household is likely to be "incidental to the enjoyment of the dwellinghouse". A building used as a separate home, such as an annexe someone lives in independently, is outside Class E, because it must not relate to a dwelling (E.1(i)). A separate business with visitors is unlikely to count as incidental. If the use is borderline, ask the council or apply for a Lawful Development Certificate describing exactly how it will be used.
Listed homes
No outbuilding, enclosure, pool or container is permitted by Class E within the curtilage of a listed building (E.1(g)), so a planning application is needed. Structures in the grounds that have formed part of the land since before 1 July 1948 can themselves be treated as part of the listed building (LBCA 1990 s1(5)). See our listed building check.
National Parks, National Landscapes and conservation areas
- In an area of outstanding natural beauty (National Landscape), the Broads, a National Park or a World Heritage Site, buildings, enclosures, pools and containers more than 20 m from any wall of the house must not total more than 10 m² (para E.2).
- On any article 2(3) land, which includes conservation areas, no part may sit between a side wall of the house and the boundary (para E.3).
Otherwise the limits are the same on article 2(3) land. See our conservation area check.
Other things that can remove the right
Flats have no Part 1 rights (art 2(1)). A condition on an earlier permission (art 3(4)) or an Article 4 direction can remove Class E. 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 looks for list entries on your plot, tests the outline against National Parks, National Landscapes, World Heritage Sites and conservation areas, and checks the Article 4 directions your council publishes. It then lists the Class E limits. It does not take measurements; our Project Report (coming soon) tests your own figures against each limit, as the sample report shows.
For certainty: a Lawful Development Certificate
For certainty, apply to your council for a Lawful Development Certificate for proposed works (TCPA 1990 s192). For an outbuilding the council fee is £136, half the £272 application fee for works within the curtilage, and the decision is due within 8 weeks of a valid application. See Lawful Development Certificates and planning fees 2026.