- Plan ItBack
- Design ItBack
- Build ItBack
- Homes
- ProductsBack
- CostsBack
- Self Build Cost Calculator
Estimate your project costs instantly with Build It's interactive self-build cost calculator
Calculate Now - Costs & Finance
- Contracts & Warranties
- Build It Estimating Service
Get an accurate, detailed cost breakdown of your project
Submit plans
- EventsBack
Q&As
Can I Claim Land as Part of My Garden After 4 Years?
If you build a house on land say 5 acres without planning permission and live in the house for over four years and use the five acres as your garden does the land you have built on become your garden?
One Answer
Some work requires planning permission and some does not. If you have undertaken work to a residential property, there is a change of use rule whereby if works were undertaken to a single dwelling house (which would usually have required planning permission) more than four years ago, these may be immune from enforcement action.
This applies to use and development, provided it has not been subject of enforcement action during this period. Arguably therefore, if this area has been used as a residential garden for this period, it becomes the lawful use.
The owner may then wish to apply for a certificate of lawfulness to regularise this position and effectively secure the lawfulness of this position. There are a number of requirements for this process, which would need to demonstrate the use for a continuous 4-year-plus period, across the whole of the land area. The challenge would therefore be in demonstrating that the full five acres has been used for the residential purpose over this entire period.
Julia Riddle (Build It Live planning expert)