2024 guide to Curtilage for landlords and UK Investors by Liam J Ryan

In this blog post, I’ll be explaining what a curtilage is, as well as the UK law and rules surrounding them. If you’re a property investor or developer, you may be limited by law on how you can develop a curtilage, so read on to find out how the Town and Country Planning Act views curtilages.

Table of Contents

What Is The Definition Of Curtilage?

The legal definition of curtilage refers to ‘enclosed or open space’ immediately surrounding a dwelling, which includes any grounds or buildings within the immediate vicinity, within which a homeowner can have an expectation of reasonable privacy. Borders to enclose the space could be hedges, fences or any other forms of containment. Curtilage can include paddocks or any other land which becomes important to the ‘domestic enjoyment’ of the occupants of the dwelling, purely for residents and residents alone.

However, curtilage cannot be separated from the dwelling by any means – including by natural obstructions like a river, or by public access routes, such as a road, driveway or footpath. Curtilage also cannot be under separate ownership clauses to the associated dwelling, although it can be held under a separate title. A planning authority is forbidden from defining the use of (or apply conditions to) land as ‘domestic curtilage’ as it is not a ‘use’ in planning terms.

When curtilage concerns large areas of land, it is often vital to consider the landscape and character of the land to determine whether it supports any activities associated with the principal building. For example, accommodating domestic functions which may be associated with a country house, such as outbuildings and their contents. It’s also important to note that there is no fixed limit to the size of curtilage, except borders which would easily denote the end of a confined space.

What is Curtilage Law in The UK?

In the UK, curtilage refers solely to planning rules and listed building regulations, including permission to develop, repair and for any other alternation purposes. Curtilage can also change in size over time, depending on its use – as long as this is solely for the benefit of the occupants. Some examples of this include land being used for agricultural or horticultural purposes, such as a vegetable garden for self-sufficiency, or an orchard where the fruit is solely grown for the occupiers and no one else.

It is a matter of the court – namely, the Local Planning Authority or Planning Inspector – to decide what defines the curtilage of a specific building or property. When the curtilage of a property is unclear, I recommend getting advice from a property lawyer or planning consultant before modifying a property in any way, just in case it falls into unlawful territory.

What is Domestic Curtilage?

Domestic curtilage causes havoc in planning departments regularly, because it’s so difficult to define properly. UK law on listed buildings and curtilage dictates that any buildings or structures within the curtilage of a listed building are to be treated as part of the listed property, as long as they pre-date July 1948. This means that any later additions, which may be within the curtilage, are not included in the listing definition. Altering or destroying such curtilage structures may require permission, and doing so without consent is a criminal offence, even if accidental.

Although an area such as a garden may be considered ‘land used in conjunction with the private enjoyment of a dwelling’, this doesn’t automatically mean it becomes curtilage. The function of the land may be aligned with being curtilage, but the other two factors (the physical layout and the past/present ownership of the land) may affect the classification.

Non-domestic curtilage can be even less clear than the already murky definitions of domestic curtilage. The standing of historic farmsteads (in particular, ancillary buildings associated with a listed property) as either curtilage or not are difficult to determine when needed, which typically happens when the listed property falls into separate use.

How Does Curtilage Affect Property Investors?

If you are unsure of whether your investments will be affected by curtilage, it’s best to find out before carrying out any works. Curtilage is frequently undefined, until there is a need to change the structure or landscape close to a listed building. It is more likely for the terms of curtilage to be left undefined until they get challenged during the planning process or in court.

As the Housing Act 1969 (the law relating to curtilage) came into force on 1st January 1969, if a building was listed before that date, its situation should be considered from this point onwards. To date, there have been no court cases testing this definition, although it is best to exercise caution in cases similar to this to avoid legal proceedings.

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How Do You Find Out The Curtilage Of A Property?

Not all buildings have a curtilage, and sometimes it is difficult to define as there may not be a physical boundary like a fence to make the curtilage clear – meaning it will need to be assessed. However external factors and the layout of the property may affect whether a building is classified as curtilage or not.

When deciding on the location of the curtilage, the property’s layout, previous ownership and use cases will need to be taken into account, as well as its current status. According to the GPDO 2015, (The Town and Country Planning – General Permitted Development Order) the definition of something as curtilage is also dependent on the class of property, so any landlords or property owners should be aware before undertaking any work on a property.

What Does The Town And Country Planning Act Say About Curtilage?

As discussed earlier, much of the governance on curtilage comes from the Town and Country Planning Act, which has a few set rules on how to manage curtilage. For example, even though the installation, alteration or replacement of a microwave antenna is permitted, this factor will change if the new antenna were to bring the total amount of antennas on the dwelling or curtilage to more than 2.

It’s recommended to carefully check the legislation within the Town and Country Planning Act, as well as the GPDO 2015 to ensure any modifications to a listed dwelling or its curtilage falls within legal boundaries.

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