Driveways are one of those elements of the home that perform two very important functions. On a practical level, they provide somewhere to keep your vehicles off the road but, just as importantly, they also account for a huge portion of the overall kerb appeal of your house. In short, getting your driveway ideas spot on is kind of a big deal.
In order to create my own driveway, it was necessary to tear out the pretty cottage front garden that came with the house – a painful, but, ultimately necessary, task. All the elbow grease that was required in its creation aside, this was also a steep learning curve when it came to the world of driveway Building Regulations – it turns out you can't just do whatever you like here.
To avoid you having to stumble into the process blindly – as I did – I reached out to the experts to bring you a guide to each and every regulation you need to know about in order to create a driveway that ticks all the right boxes. The good news? There aren't too many to get your head around.
Do driveways need to comply with the Building Regulations?
Before turning my front garden into a driveway, I hadn't really thought about planning permission or Building Regulations. That might sound foolish but, according to the experts I spoke to, in many cases neither is it something homeowners need to concern themselves too much with.
Paula Higgins, chief executive of HomeOwners Alliance, explains that, in many cases, new driveways won't require any kind of permission. "A new or replacement driveway does not usually need Building Regulations approval. However, planning permission, highways approval or Building Regulations may apply depending on the work involved. The rules are particularly important where the driveway affects access to the home, drainage, retaining walls, changes in ground level or the public pavement."
Zaeem Chaudhary, director and chartered architectural technologist (MCIAT) at AC Design Solution, points out that in certain cases, however, there are a few stipulations to be aware of. "A domestic driveway does not usually require Building Regulations approval on its own, but planning, drainage, access and highway rules may still apply.
"Part M can be relevant where the driveway forms the approach to the home, particularly if changes affect gradients, steps or accessible entry," continues Zaeem. "Part H may apply where drainage, existing drains or surface-water disposal are affected."
Here, we break down each and every element of driveway design that you'll need to consider in order to comply with the regulations.
After spending 15 years reforming housing policy in government, enough was enough. Homeowners needed a voice and HomeOwners Alliance was born.
Zaeem Chaudhary, MCIAT, is director of AC Design Solution, a multidisciplinary practice delivering architecture, structural engineering, and party wall services across London and the UK
1. Driveway drainage needs early planning
Driveway drainage is one of the main factors you need to take into account in terms of ensuring you are complying with the relevant Building Regulations and planning stipulations. In fact, get the drainage right and, in many cases, driveway planning permission won't be needed.
In terms of Building Regulations, there are only certain instances where approval may be required, as Paula Higgins explains. "The driveway should not direct water onto the pavement, neighbouring land or the foundations of the house. Building Regulations may apply if drains, sewers, inspection chambers or soakaways are being installed or altered."
Paula goes on to point out that where drainage really matters is when it comes to planning permission. "Permission is unlikely to be needed where water is directed into a lawn, border or other permeable area within the property. If more than five square metres of front garden is covered with an impermeable surface and rainwater runs onto the road or into the drainage system, planning permission may be required."
2. Your driveway materials matter more than you might think
This brings us nicely on to the next point – your choice of driveway materials is about so much more than aesthetics. Of course you want them to tie into and to do justice to the front of your house and the surrounding landscaping scheme, but they also play an important practical role.
"There is no single material that has to be used, but the surface should be safe, durable and suitable for the driveway in question," explains Paula Higgins.
The good news is that there is nothing in the Building Regulations to stipulate what materials you have to use – but bear in mind that your choice will affect whether or not you require planning permission.
"Planning permission is not normally required for a new or replacement front driveway if it uses a permeable surface, such as gravel, porous asphalt or permeable block paving," says Paula.
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3. A dropped kerb requires permission
If you are creating a brand new driveway, or extending an opening, you can't just cut a hole in the pavement without some kind of permission.
While Building Regulations approval isn't necessary for dropped kerbs, you will need to seek permission from your local highway authority.
"You will normally need approval from the local highway authority before driving across a public pavement – and planning permission may also be required," points out Paula Higgins. "Rules vary between councils, so homeowners should check with both the planning and highways departments before starting work. It is also worth noting that approval for a dropped kerb does not necessarily mean that planning permission has also been granted."
4. If you're starting from scratch visibility splays need to be considered
This is where Part M of the Building Regulations could come into play, so make sure you check whether your home needs to comply. New homes and accessible homes are usually amongst those affected.
"A new access must give drivers a reasonable view of pedestrians, cyclists and approaching traffic," explains Paula Higgins. "Councils may refuse an application where visibility is obstructed by a wall, hedge, bend, junction or other feature.
"That said, there is no single visibility-splay measurement that applies to every domestic driveway," continues Paula. "The council will consider the type of road, traffic speeds, pavement width and the number of vehicles likely to use the access. Homeowners may be required to reduce the height of walls, fences or planting near the entrance."
5. If your driveway is very steep it may need levelling
Sloping driveways can throw up a few issues. Everything from the materials you choose to finish them with to the way in which you deal with surface water needs to be carefully considered to ensure they are easy to use.
The good news, as Paula Higgins points out, is that there is nothing specific in the Building Regs about gradients. "There is no single national maximum gradient for a domestic driveway. However, a steep driveway must be safe to use and should not make pedestrian access to the property worse – for example by installing steps.
"Extra care may be needed where the driveway also forms the main route to the front door, particularly for wheelchair users or people with limited mobility," adds Paula. "It is worth noting that significant changes in level or the erection of retaining walls or raised edges may require planning permission or Building Regulations approval – or both."
6. The size of your driveway matters more than you might think
The good news is that, in terms of the Building Regs, there is very little to stand in the way of you creating whatever driveway length, shape or size you heart desires.
"There is no universal, national minimum size for an existing domestic driveway," says Paula Higgins. "However, councils normally require enough room for the vehicle to park fully within the property without overhanging the pavement and local planning policies may set minimum parking-space dimensions, particularly for new homes so it is worth checking this out.
"Additionally, the council may refuse a dropped-kerb application if the front garden is not deep or wide enough to accommodate a vehicle safely," adds Paula.
7. Shared driveways come with additional requirements
If you share your driveway with another property, rather than suddenly having a whole new set of Building Regulations to deal with, it is more a case of who is responsible for what, as well as checking out any specific requirements of your local council and looking into things like fence rules before making any alterations.
"There is no separate set of Building Regulations simply because a driveway is shared," says Paula Higgins. "However, the council may consider its width, visibility, the number of homes served and whether vehicles can enter and leave safely.
"The property deeds should also be checked," continues Paula. "They may contain rights of access, restrictions on alterations and responsibilities for repair and maintenance. Planning permission or highways approval does not override these private legal rights."
FAQs
What happens if you fail to comply with driveway Building Regulations?
When it comes to making any changes or alterations to any aspect of your home, it is vital that you don't just ignore the Building Regs – the consequences can be serious – plus buying a house without Building Regulations is pretty unappealing for the majority of buyers out there too.
"The consequences depend on which rules have been breached," picks up Paula Higgins. "If controlled building work does not comply with the Building Regulations, the council can require corrective work and, in serious cases, prosecute.
"Creating or using an unauthorised vehicle crossing can also lead to highways enforcement," continues Paula. "The council may refuse to lower the kerb, require an unlawful crossing to be removed or take action where vehicles are repeatedly driven across an unstrengthened pavement.
"Finally, non-compliant work may also cause problems when selling the property, particularly where the buyer’s solicitor asks for planning permission, highways approval or Building Regulations certificates. To be on the safe side, homeowners should contact their council’s planning and highways departments before starting work."
If you are creating a new driveway, or sprucing up an existing one, it is likely you will be making some landscaping upgrades too. Make sure you understand the garden wall Building Regulations before you go building any new structures to ensure the whole area is safe and compliant.
