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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10917
Experience:  30 years as a practising solicitor.
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, I have built a log cabin on top of a piece of

Customer Question

Customer: ***** ***** Gunn
JA: Thanks. Can you give me any more details about your issue?
Customer: I have built a log cabin on top of a piece of land that i have maintained for over 12 years since moving into my current property in 2001, one of our neighbours has made a complaint about our erection of said log cabin and we have received a letter saying we need to be assessed for planning permission. The building is 3.5 mfr in height and 5 x 4 m in size. we erected this with the belief that we did not need planning permission and that we were entitled to the land as we have maintained it since 2001. can you offer any advice on this? we plan to use this occasionally as a gym or put our computer in it to do paperwork.
JA: OK got it. Last thing – JustAnswer charges a fee (generally around $18) to post your type of question to Scots Law Experts (you only pay if satisfied). There are a couple customers ahead of you. We can help you for less if you're not in a rush. Are you willing to wait a bit?
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Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.

I am a lawyer in Scotland. Do you own the land upon which you have built the shed?

Customer: replied 1 year ago.
We own 2/3 of it.
Expert:  JGM replied 1 year ago.

Specifically the land below the shed. Do you own that?

Customer: replied 1 year ago.
2/3 we own and 1/3 land we have maintained since 2001
Expert:  JGM replied 1 year ago.

Do you have a lease over the land you have maintained? If not you have no right to it. However, I suspect the objection is from a planning point of view rather than an ownership point of view. What was the basis of your belief that you didn't need planning permission for a building of that size?

Customer: replied 1 year ago.
the website we bought it from (garden buildings direct) advertise that their buildings do not require planning permission.
Customer: replied 1 year ago.
Also the building height is under 4m
Expert:  JGM replied 1 year ago.

The rules are that certain buildings are exempt as follows:

  • No outbuilding on land forward of a wall forming the principal elevation.
  • Outbuildings and garages to be single storey with maximum eaves height of 2.5 metres and maximum overall height of four metres with a dual pitched roof or three metres for any other roof.
  • Maximum height of 2.5 metres in the case of a building, enclosure or container within two metres of a boundary of the curtilage of the dwellinghouse.
  • No verandas, balconies or raised platforms.
  • No more than half the area of land around the "original house"* would be covered by additions or other buildings.
  • In National Parks, the Broads, Areas of Outstanding Natural Beauty and World Heritage Sites the maximum area to be covered by buildings, enclosures, containers and pools more than 20 metres from house to be limited to 10 square metres.
  • On designated land* buildings, enclosures, containers and pools at the side of properties will require planning permission.
  • Within the curtilage of listed buildings any outbuilding will require planning permission.