Glossary
Curtilage: the land that counts as part of a London home
The legal extent of a property — the land legally tied to a building. Important for outbuilding PD.
The legal extent of a property — the land legally tied to a building. Important for outbuilding PD.
Curtilage is the land around a building that serves it — typically the garden, drive and outbuildings within the property boundary. It matters because permitted development rights for outbuildings, heat pumps and hard surfaces are expressed in terms of the curtilage, and because a listed building's protection extends to structures within its curtilage built before 1 July 1948.
There is no statutory definition. The courts look at the physical layout, the ownership history and the function of the land: whether it is enclosed with the house, whether it serves the house, and whether it was historically part of the same unit. A paddock beyond the garden fence is usually outside; a garage court behind it may be inside.
The distinction is not academic. Building an outbuilding outside the curtilage is not permitted development at all — it is a separate development in the open, usually requiring full planning permission.
Class E permits outbuildings incidental to the enjoyment of the dwellinghouse within its curtilage, provided they cover no more than 50% of the curtilage excluding the original house, are single storey with a maximum eaves height of 2.5 m, and do not sit forward of the principal elevation. Within 2 m of a boundary the total height is capped at 2.5 m.
Under section 1(5) of the 1990 Act, a structure within the curtilage of a listed building, in the same ownership since before 1 July 1948, is treated as part of the listing. Stables, garden walls, coach houses and outbuildings are commonly caught, and altering them needs listed building consent even though they are not separately listed.
How curtilage plays out in Harrow: London Borough of Harrow (Harrow Council) maintains 29 conservation areas, the Harrow on the Hill Conservation Area and the Pinner Village Conservation Area among them, and there is no borough-wide Article 4 direction, so permitted development generally survives outside conservation areas. Anyone dealing with curtilage at a Harrow address is therefore working to a £548 householder application decided in 8 weeks, or a £249 prior approval over 6 weeks where curtilage still qualifies.
| Statutory definition | None; determined case by case |
|---|---|
| Outbuilding coverage limit | 50% of curtilage excluding original house |
| Outbuilding eaves height | 2.5 m maximum |
| Within 2 m of a boundary | 2.5 m total height maximum |
| Curtilage listing date | Pre-1 July 1948, same ownership |
| Governing order | GPDO 2015, Schedule 2, Part 1, Class E |
Almost always, if it is enclosed with and serves the house.
No. Only structures predating 1 July 1948 in the same ownership are caught.
Yes, but within 2 m of a boundary an outbuilding is limited to 2.5 m total height.
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