# Definition of "development within the curtilage of a house" in planning legislation



## eggerb (24 Apr 2009)

I am trying to figure out if 20 sq metre kitchen extension I am planning at the rear of my house falls into the definition of an exempted development as defined by the Planning & Development Act 2000. 

Schedule 2 of the Act defines the classes of developments exempt. My proposed work falls into Class 1.



> Class 1 - _Development within the curtilage of a house_
> 
> The extension of a house, by the construction or erection of an extension (including a conservatory) to the rear of the house or by the conversion for use as part of the house of any garage, store, shed or other similar structure attached to the rear or to the side of the house.


 

There are several conditions to this class all of which I meet. ​


Therefore, it is only the definition of "_curtilage_" that concerns me. ​ 


The work I propose extends the side wall of my house by about one metre to almost meet the neighbours wooden fence. Does the fact that the extension extends the side wall of my house by 1 metre mean it will not be exempted?​


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## csirl (24 Apr 2009)

*Re: Definition of "development within the curtilage of a house" in planning legislati*

The curtilage of the house is the building and the land immediately surrounding it i.e. the site on which it wa built. For most average sized residential houses, this would usually mean the house and garden. For buildings with extensive land/gardens, it is a bit more subjective - how far away from the building do you have to go before you exit the curtilage? 

As your proposed extension is attached to your house, then it would be within the curtilage. Being within the curtilage and within the exemption size does not necessarily mean that it is an exempt development - there are other factors in play such as has the house been extended previously, % of the site covered, proximity to adjacent buildings etc. etc. - if in any doubt, it is worthwhile seeking advice.


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## Allen (27 Apr 2009)

*Re: Definition of "development within the curtilage of a house" in planning legislati*

New build to the side of the house is not exempted.


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