A common question right now, and the answer changed on 27 July 2026. Here is the position today and the conditions that come with it.
Since 27 July 2026 a detached, self-contained dwelling in your back garden can be exempted development. S.I. 340 of 2026 inserted a new Class 3A covering an auxiliary habitable dwelling of between 32 m² and 45 m², linked to the services of the principal house. Separately, a garden room used as ancillary space (home office, gym, studio) now falls within a 30 m² limit, raised from 25 m², subject to height and open-space conditions. See the exemption checker for the full set.
Two conditions do the real work, and both are easy to miss. The garden dwelling and the sub-division each require you to notify the planning authority at least 14 days before work starts, that is a condition of the exemption, not a courtesy, and building first may mean you never had the exemption at all. The Class 3A exemption is also time-limited, currently to 31 December 2030.
We'll tell you whether to apply now or wait for the new rules, and make sure whatever you build actually stands up.