Last reviewed: September 2026. This guide covers houses in England. The rules in Wales, Scotland and Northern Ireland are different.
One of the most common questions homeowners ask is whether they need planning permission for a new driveway. For most houses in England the answer depends on three things: whether the driveway is in the front garden, how big it is, and whether rainwater can drain away on your own property.
The Front Garden Rule
Since 1 October 2008, householder permitted development rights in England have included a rule about paving front gardens, meaning the land between the front of the house and the road. It was introduced to reduce surface water run-off into drains.
- 5 square metres or less: you can use any surface.
- More than 5 square metres: you do not need planning permission if the surface is permeable (water can drain through it), or if rainwater is directed to a lawn, border or soakaway within your property.
- More than 5 square metres of a traditional impermeable surface that drains onto the road: you will need planning permission.
You can also repair or replace a small area (up to 5 square metres) of existing hard surfacing without switching to permeable materials, for example to fix potholes.
These permitted development rights apply to houses. They do not apply to flats and maisonettes, and they can be removed or limited by a planning condition or an Article 4 direction, so check with your council if either could apply to you.
What Counts as Permeable?
Permeable surfaces let rainwater soak through into the ground instead of running into the street. The surface only works if what is underneath is permeable too. Common options include:
- Gravel: loose gravel on a permeable base
- Permeable block paving: blocks with wider joints, laid on a permeable sub-base
- Porous asphalt or concrete: designed to let water through
- Resin bound: porous when laid on a permeable base. Laid over old tarmac or concrete, water cannot drain through, so it needs to run somewhere else
Standard tarmac, plain concrete and traditional block paving are impermeable. They are still allowed without planning permission if the rainwater runs off to a lawn, border or soakaway on your property rather than onto the road.
What About SuDS?
SuDS stands for sustainable drainage systems: soakaways, rain gardens, permeable paving and other ways of managing rainwater close to where it falls. For an ordinary driveway at a house in England, there is no separate SuDS approval to apply for. The front garden rule above is what matters.
Conservation Areas, Listed Buildings and Protected Land
If your property is a listed building, is in a conservation area, or is covered by an Article 4 direction, extra restrictions may apply to materials, colours and design, and you may need permission even for a permeable surface. Always check with your local planning authority before starting work.
Dropped Kerbs
If you need to drive across the pavement to reach your driveway, you need a dropped kerb (also called a vehicle crossover). It is illegal to drive over a pavement without one. A dropped kerb is separate from planning permission for the driveway itself:
- You apply to your local council, which is the highway authority for most roads
- Fees vary from council to council. For example, when we checked in September 2026, Brighton & Hove City Council charged £182.60 to apply and £545.60 if the application was approved, before the cost of the contractor who builds the crossover
- Many councils only allow approved contractors, or their own contractors, to carry out the work
- Some councils also require planning permission in certain cases, such as on a classified road
Your council's website will explain its process and current fees. You can find your council on GOV.UK.
When to Contact Your Local Council
It is worth contacting your council's planning department before starting work if:
- Your property is listed, in a conservation area or covered by an Article 4 direction
- You are unsure whether your chosen surface and sub-base count as permeable
- You need a new dropped kerb
- Your driveway alteration affects a public right of way
- You live in a flat or maisonette
The Planning Portal also has plain-English guidance on paving front gardens.
Getting the Work Done
A good installer should explain whether your chosen surface and drainage meet the front garden rule, but it is the homeowner's responsibility to make sure any permission that is needed is in place. If in doubt, ask your council before work starts.
If you would like to talk to a specialist, you can send an enquiry. Better Driveways is run by Better Home Hub Ltd, an introduction service: we do not carry out driveway work ourselves, and a specialist we introduce you to may pay Better Home Hub a fee.
