Garden Room News: Judge Rules a Pergola Is a Garden Room

A fortnight of news for anyone planning a garden room. A county court judge has ruled that a structure its owner called a pergola was in fact a garden room, straightforward planning applications move to officers from 31 October, and builders’ merchant figures show materials prices still running well ahead of last year.

A judge ruled that a “pergola” was really a garden room

The Independent reported on 26 October that the president of a non-league football club has been told to take apart a garden “man cave” at his maisonette. In 2017 the freeholder, who owns the maisonette above, gave him permission to build a pergola at the bottom of the shared garden. Over time it became a roofed room with uPVC windows and doors, plastered walls, carpet and its own electricity supply. A First-tier Tribunal found it breached his lease, which bans any additional building without written permission except a shed for domestic purposes. He then removed the doors, windows and finishes and put up signs calling it a pergola and a shed.

At the Mayor’s and City of London County Court, Judge Nicholas Parfitt said the structure was “not a pergola” but a “garden room entertainment area”, laid out like a bar with a counter, stools and a dining table. It must be cut back to the open-sided pergola that was agreed. The shed next to it was allowed to stay.

Why it matters: planning rules are only one of the permissions a garden room can need. If you own a flat or maisonette, or your title has restrictive covenants, the lease or deeds may ban outbuildings outright, and a court will look at what the building actually is rather than what you call it. Get written consent for the finished design, not just the frame. Our guide to pergola planning permission covers the planning side. Source: The Independent, 26 October 2026.

Straightforward householder planning applications go to officers from 31 October

From Saturday 31 October, a new National Scheme of Delegation in England means straightforward planning applications are decided by expert planning officers rather than waiting for a planning committee slot. Householder applications make up nearly 70% of all applications, according to the government. An AI tool called PlanAssist, trialled in Camden, Barnet and Dorset, is also being extended to 15 councils for 12 months; in early testing it halved processing times for routine householder applications from eight weeks to four.

Why it matters: most garden rooms are built under permitted development and need no application. Those that do, for example a room taller than 2.5m within 2m of a boundary or one on designated land, are householder applications, and they should now be decided by an officer without waiting for committee. The rules themselves have not changed. Source: MHCLG, 30 October 2026.

Merchant prices are 6.2% up on a year while volumes fall

The Builders Merchant Building Index report for August, covered by Builders’ Merchants News on 30 October, shows merchants’ like-for-like sales value up 0.5% on August 2025, with volumes down 5.4% and prices up 6.2%. Prices were up 7.4% in June to August, 6.0% in January to August and 4.3% over the 12 months to August. Timber and joinery products, the category most garden room builders buy from, sold 0.7% more by value in August and 1.1% more over 12 months. Heavy building materials fell 0.8% in August.

Why it matters: rising value on falling volume means the same materials cost more. When you compare garden room quotes, check how long each price is held and whether the contract lets the builder pass on material price rises before work starts. Source: Builders’ Merchants News, 30 October 2026.

Garden Room News: Judge Rules a Pergola Is a Garden Room

A judge ruled that a “pergola” was really a garden room

Straightforward householder planning applications go to officers from 31 October

Merchant prices are 6.2% up on a year while volumes fall

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