If you’re planning to build a new garden wall, it’s tempting to think you can just get on and build it without too much paperwork, afterall, it’s just a garden wall.
Unfortunately, it’s not quite that simple and in some circumstances garden walls are subject to building regulations and require approval from the local authority. Ignoring them could lead to problems such as legal disputes, or even enforcement action from your local council, especially if they think the garden wall idea is unsafe.
As property owners are legally responsible for any unsafe structures, knowing the rules is essential, and by complying with the regs and building to good standards, you’ll be legally protected should anything untoward happen.
When do garden wall building regulations apply?
From a structural point of view, the building regulations are focused on building safety, and when it comes to garden walls, whether building control approval is required or not, will depend on the purpose of the wall and where it’s being built.
Approved Document A (Structure) explains that all building elements, must safely withstand the loads they support. This means that if a garden wall provides support to the foundation of a building, it must be able to safely support its own weight as well as any imposed loads it is expected to support. From a regulatory point of view, garden walls that are not part of say a house or extension do not therefore require building control approval, unless they provide support to another building.
However, the situation changes when the wall is close to public spaces like pavements or roads. If a retaining wall is being built within 3.7m of a public highway, the Highways Act 1980 requires approval to be sought from the local authority or if the road is adopted, from the highways department. Whilst these walls will not require building control approval, the local authority will refer to guidance and require the walls to be properly designed and built to a good standard so that they are safe.
This all means that if you’re building a small wall, well within your garden boundary, you’ll not need any formal approval.
Where you build the wall and its purpose will be used to establish if you need garden wall building regulations(Image credit: Getty Images)
Height restrictions for garden walls
Garden wall height is where things get a little trickier when it comes to garden walls because two sets of rules come into play: planning rules and building regulations.
Under planning permission rules, walls next to a highway must generally be no more than about 1 metre high unless you’ve applied for, and been granted permission. Walls elsewhere – for example, well within your garden – can usually be up to 2 metres high without planning permission. However, if your property is in a conservation area or is a listed building, different rules can apply, so it’s always best to check.
When it comes to building regulations, the emphasis isn’t on appearance but on safety. Whilst building regulations approval is not required, garden walls of this height are considered structurally significant and careful design is needed, usually by a structural engineer to assess the imposed loads from elements such as exposure to wind.
Retaining walls and building regulations
Retaining walls are a special case because they deal with much bigger forces than free standing walls, and building regulations approval will be required when the retaining wall supports the foundation of a building.
Approved Document A requires that retaining walls must resist the weight of the soil and any imposed load they’re supporting. This includes ground water, which if it isn’t drained away properly, the pressure imposed on the retaining wall can increase dramatically, which could lead to catastrophic failure.
If the retaining wall is holding back more than about 1 metre of soil, or if it’s supporting a building or public path or road, you’ll almost certainly need a structural engineer to design it, and secure formal building control approval.
The structural engineer will complete structural calculations to prove what structure is needed to support the loads involved. They’ll then design a wall based on good building practice which often includes weep holes and drainage pipes to relieve water pressure.
Without these, even small retaining wall ideas can quickly become overloaded after heavy rain.
The process for getting approval usually involves contacting your local council’s building control department or appointing a registered building control approver. For small retaining walls the best approach is to submit a building notice and undertake the compliance checks as the work progresses. For more complex structures, particularly those that support other buildings, the full plans application, which checks the design before work starts is the safest route.
Building control will inspect the work during construction at key stages. They’ll typically want to check the foundation trench before you pour concrete, and later they’ll inspect the wall itself before you complete any decorative finishes. If they’re happy that everything meets the necessary standards, they’ll issue a completion certificate.
It’s worth remembering that even if formal approval isn’t strictly required, building to good practice and following Approved Document A standards will protect you if problems arise later.
If your garden wall is small and well within the property's curtilage, you may be exempt from requiring building regulations(Image credit: Getty Images)
Party walls and garden walls
If you’re building your garden wall right on the boundary with your neighbour’s land, you’ll also need to think about the Party Wall Act 1996.
This law kicks in if you’re building on the boundary line, or digging within 3 metres of a neighbouring structure and deeper than their foundation. The Party Wall Act requires a formal notice to be submitted on your neighbour, giving them the opportunity to consent or appoint a surveyor to protect their interests. The process is not just a case of being polite – it’s a legal requirement to notify your neighbour and agree how the work will be done.
Disputes over garden walls can escalate quickly and become expensive and stressful to resolve. So, to avoid disputes, always have an early and open conversation with your neighbours and talk through any sensitive points, well before any problems arise.
FAQs
Do I need a structural engineer for a garden retaining wall?
If your wall is holding back more than 1 metre of soil, or if it’s supporting a building or near a public highway, the answer is yes. A structural engineer will make sure the wall is properly designed to cope with the loads involved, as well as the soil pressure and water build-up behind it.
What happens if my garden wall is damaged?
If someone is injured or property is damaged, you could be legally liable, especially if the wall wasn’t built properly. If the wall is deemed unsafe, the local authority has the power under section 77 of the Building Act 1984 to require you to remove it or carry out remedial works at your own expense.
Can I build a garden wall right up to the pavement?
Possibly, but stricter rules apply because of the public safety concerns, and formal approval may be needed from the local authority. Depending on the wall height, you may also need planning permission.
Do I need planning permission for a 2-metre high garden wall?
If it’s well within your garden and not facing a public highway, you probably don’t. But if it’s facing a road or footpath, or if your house is listed or in a conservation area, you’ll likely need permission first. The application of the rules are a little bit grey, so it’s always best to check what’s required with the local planning authority
If you are looking at front garden wall ideas that will need building regulations approval, it's worth considering which route would make more sense to take.
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Mark Stevenson has worked as a construction professional for over 30 years and following an extensive career in housebuilding. He is currently chief operating officer for Custom Build Homes and chair of the National Custom and Self Build Association. He previously worked as managing director for Potton, helping self builders build their own homes.
Whilst Mark describes himself as a ‘professional builder’ as a result of his career in housebuilding and timber building system manufacturing, he has specialist knowledge of timber construction and extensive expertise in finding land and project management.
He regularly shares his knowledge at Homebuilding & Renovating Shows and and coaches self builders about how to build their own homes. Aside from Mark’s professional career, his skills also extend to practical building knowledge as a skilled joiner, hands-on renovator and serial self-builder of his own development projects.
