Do I Need Planning Permission for a Rear Patio? (2026 UK)
In most cases, no. A standard ground-level patio in your rear garden is normally classed as “hard surfacing” and counts as Permitted Development — there is no area limit for paving a rear garden. Permission is usually only needed if the patio is raised more than 300mm, your home is listed, or you live in a conservation area or under an Article 4 Direction.
The short answer on patios & planning permission
- A normal ground-level rear patio almost never needs planning permission — it is treated as hard surfacing under Permitted Development.
- There is no area limit for paving a rear garden. The well-known 5m² rule applies only to front gardens.
- You will usually need permission if the patio is raised more than 300mm (0.3m) above ground level — that becomes a raised terrace and loses PD rights.
- Permission or extra consent also applies if your home is listed, in a conservation area, or covered by an Article 4 Direction.
- Building Regulations rarely apply, but drainage does matter — keep paving clear of the damp-proof course and drain to a permeable area, not the public sewer.
For the vast majority of homeowners, laying a flat patio across the back garden is straightforward and permission-free. The rules tighten the moment a patio becomes raised, or when your property carries special protection. When in doubt, a quick call to your local planning authority — or a five-minute chat with an experienced landscaper — will confirm exactly where you stand before any slabs are laid.
When you do & don’t need permission
Use the table below as a quick guide to common patio and paving scenarios. The single biggest factor for a rear patio is whether it is raised — everything else usually comes down to where you live and whether your property is protected.
This table is a general guide for England. Rules can vary in Wales, Scotland and Northern Ireland and at individual properties — always confirm with your local planning authority before work begins.
Four rules to check before you start
The 300mm raised rule
A patio kept at or near ground level is Permitted Development with no area limit. As soon as any part is raised more than 300mm (0.3m) above the natural ground level it becomes a raised terrace or platform and normally needs planning permission — the same applies to any deck creating a verandah or balcony.
Conservation areas & Article 4
In a conservation area, or where an Article 4 Direction is in force, your council can remove or restrict Permitted Development rights. A patio that would be fine elsewhere may need an application here, so check your address on the council’s planning map first.
Damp-proof course & drainage
Building Regulations don’t usually apply to a simple patio, but good practice does. Keep finished paving roughly 150mm (about two brick courses) below the damp-proof course, and drain surface water to a permeable area or soakaway — never into the public sewer or against the wall.
Listed buildings
If your home is listed, even ground-level works in the garden can need listed building consent, and the listing can cover the curtilage as well as the house. Always check with the conservation officer before laying or lifting any paving near a listed property.
Common Questions
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