What does curtilage mean in planning?

In planning law, curtilage refers to the area of land that immediately surrounds a building and is used in connection with it - typically the garden, driveway, and outbuildings of a house. The curtilage defines the extent of many permitted development rights (for example, outbuildings must be within the curtilage) and for listed buildings it determines which structures fall under statutory protection.

What is curtilage listing?

When a building is listed, any structure that was within its curtilage on 1 July 1948 and has been ancillary to it since that date is automatically included in the listing - even if not specifically named. This is called curtilage listing. It means outbuildings, walls, gates, and other structures attached to or within the grounds of a listed building may themselves be listed without being individually identified.

Does curtilage affect permitted development rights?

Yes, significantly. Many permitted development rules apply only within the curtilage of a dwellinghouse. For example, outbuildings are only permitted development if they are within the curtilage. Extensions cannot be built in front of the principal elevation. The area covered by permitted development outbuildings is also calculated as a proportion of the curtilage area.

How is curtilage defined?

There is no single statutory definition of curtilage. Courts have defined it as the area forming one enclosure with the house, usually bounded by a wall, fence, or hedge, and used in connection with the house. It is typically the garden and grounds immediately around the property. Large gardens, paddocks, and agricultural land attached to a property may or may not be within the curtilage depending on how they are used and enclosed.

Curtilage - Construction Glossary

Definition

Curtilage is the area of land that surrounds and is directly associated with a building, forming one enclosure with it. In planning law it is a critical concept: it determines the scope of permitted development rights for householders, and for listed buildings it defines which ancillary structures are automatically covered by the statutory listing - even if not individually named.

In practice

For most houses, the curtilage is the garden and grounds immediately surrounding the property, typically bounded by a fence, wall, or hedge. This is relevant to permitted development because many PD rules are framed in terms of what can be done within the curtilage - outbuildings must be within it, the PD size limits for outbuildings are calculated as a proportion of the curtilage area remaining, and no extension can project beyond the principal elevation into the front curtilage.

For listed buildings, curtilage listing is particularly important. Any structure that was within the curtilage of the listed building on 1 July 1948 and has since been ancillary to it is automatically included in the listing - even if not separately mentioned. This can include boundary walls, outbuildings, gate piers, and other structures. Works to curtilage-listed structures require Listed Building Consent in the same way as the principal building.

Planning & Legal

LegislationGPDO 2015 (PD rights); Planning (LBCAs) Act 1990 (listed buildings)

Curtilage listing dateStructures ancillary to the listed building as at 1 July 1948

PD outbuilding coverage limitNo more than 50% of curtilage area

There is no statutory definition of curtilage - its extent is a question of fact and degree determined case by case. Where curtilage is disputed (for example for a large rural property), specialist planning advice should be sought before relying on permitted development rights or assuming curtilage listing does or does not apply.

Full planning permission guidance

Curtilage

Just so you know...