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Regulations · 5 min read

SuDS rules: what they actually mean for your driveway

Since 2008, a driveway over 5m² has to be permeable or drain to a soakaway. Here's what that means when you're actually having one laid.

SuDS rules: what they actually mean for your driveway

A permeable resin-bound driveway that drains through its own surface

28 April 2026

Since the planning rules changed in 2008, any new or replacement driveway over 5 square metres at the front of a house in England has to do one of two things: use a permeable surface, or drain into a soakaway on your own land. The point of it is simple — stop drives tipping their rainwater onto the road and into drains that can't take it.

In practice it decides what you can lay without needing planning permission. Resin bound on a permeable sub-base is fine straight off — water goes through the surface and into the ground. Loose gravel on a permeable base is fine too.

The surfaces that aren't permeable by nature — tarmac, concrete, standard block paving on bedding sand and a closed base — can still go down, but you have to build drainage in. Usually that's a soakaway on the property, a permeable strip along the edge, or running the water off into a planted border. Skip it and you're technically in breach, and you might need a planning application after all.

How hard is it enforced? On a normal house, almost never off the council's own back. But it can surface when a neighbour complains, when you sell and the buyer's solicitor starts asking, or when an insurer looks closely at a flood claim. We price every job to be compliant from the start — it's a lot cheaper than retrofitting a soakaway once the drive's already down.

Key points

The short version

  • Any driveway over 5m² at the front of a house has to be permeable or drain to a soakaway on your own land.
  • Resin bound on a permeable base ticks the box on its own.
  • Tarmac, concrete and standard block paving don't — they need drainage designed in.
  • It's rarely chased up, but it can bite at resale or on an insurance claim.

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