Paving, decks, patios and raised planting areas (permissions)

​Planning permission

You will not require planning permission for paving, decks, patios or raised planting areas provided that:

• they are created within your domestic curtilage (‘domestic curtilage’ is the area of land on which a dwelling house / flat sits which is used for residential purposes.  It does not include a field or other open land next to a house, even if it is in the same ownership)
• the paving, decking, patio or raised planting area does not exceed 40 cm in height above or below the existing ground level
• the work does not involve the formation or widening of a means of access on to a road
• the work does not create an obstruction to the view of a person using a road at or near a bend, corner, junction or intersection

Further information:

• paving, decks and patios must not discharge water onto a road unless you have permission to do so from the Highway Authority. To contact the Highway Authority contact your Parish Roads Committee
• you will need planning permission if your 'permitted development' rights have been removed by a condition on a previous Planning Permit in the last 30 years or so

Making an application - planning

Building permission

Creating a deck at ground level will not normally require building permission unless the creation of the deck

• alters or removes a level access to your house
• or is adjacent to your house and creates a change in level of 600mm or more above the adjoining ground level

If building permission for a raised deck is required.  A building officer will check that the deck is safe to use by considering the following: 

• the adequacy of the structural design
• appropriate balustrades and guarding have been provided (to a height of at least 1100mm from surface of deck to top of the guarding)
• balustrades and guarding are not readily climable by children
• gaps in the guarding need to be limited so that a 100mm sphere cannot pass through
• requirements relating to the 'pitch' (steepness) of the staircase, the rise (height) of each step and the going (width) of the tread have been met
• handrails and guarding have been provided on stairs

These guidelines are by no means exhaustive, but are meant as a general guide. With any type of raised deck, it is best to contact the Department for specific application advice.

Making an application - building 

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