CLASS E:- The provision within the curtilage
of the dwellinghouse of an ancillary building or.
To you and I this means garden building used in conjunction with the existing dwelling mainly for
pleasurable purposes. There will be exceptions but this is what it means to most people and extension
The Legislation breaks this down into several classifications that at first hand appear fairly generous but it
is not until you read the restrictions, it becomes clear that there are some very definitive constraints.
The Governments approach in their wording is to tell you with a very 'broad brush' what your are allowed to
build & then want to install the 'masking tape' to define the areas where the 'broad brush' can only be
We will not repeat the wording of PD legislation here as you can read it for yourself elsewhere on this web
Class E permits:-
a) any building or enclosure, swimming or other pool required for a purpose incidental to the
enjoyment of the dwellinghouse as such, or the maintenance, improvement or other alteration of such a building or
b) a container used for domestic heating purposes for the storage of oil or liquid petroleum gas.
This Class covers detached garden buildings and structures as opposed to extensions to the house itself. The
word 'detached' is critical for Class e.
Note that 'enclosures' also includes tennis courts and other such fenced in areas which could include livestock
pens and dog kennel runs.
For the purposes of Class E, the term 'purpose incidental to the enjoyment of the
dwellinghouse as such' includes the keeping of poultry, bees, pet animals, birds or other livestock for the
domestic needs or personal enjoyment of the occupants of the dwellinghouse.
The definition of 'purpose incidental to the enjoyment of the dwellinghouse as such' it quite
broad but is tightly restricted to the domestic needs or personal enjoyment of the occupants of the
dwellinghouse. This means no commercial use or bed space. Think of it as the main dwelling not being fully
reliant upon the detached building or enclosure.
The term 'incidental' has been well tested in the courts and at appeal over the years and even a detached
buildings size can mean that it is no longer incidental if it is out of scale or proportion with the
main dwelling house or has facilities well beyond the norm for such incidental activities. So, do not
get over excited by the 50% site area maximum limit for a detached garden building.