Can I Use My Neighbour’s Dropped Kerb?

Parking laws prohibit certain actions whether you are using a public road a neighbour’s driveway or a dropped kerb. Through this blog post, we aim to answer the question of whether or not someone can use their neighbour’s dropped kerb. In addition to this, we will also review some basic rules regarding dropping a kerb as well as discuss the parking laws regarding its use.

Can I Use My Neighbour’s Dropped Kerb?

While you may be able to use your neighbour’s dropped kerb to turn around, park or reverse your vehicle (especially if you have not been permitted to drop a kerb outside your own house due to valid reasons), you cannot use the kerb to park your own car.

A dropped kerb is made by flattening the pavement to meet the level of the road so that residents can easily drive their vehicles in and out of the driveway, without causing damage to the pavement.

While dropped kerbs and pavements are the property of the council, parking a vehicle outside someone else’s driveway or adjacent to their dropped kerb is an obstruction that can lead to certain consequences. For instance, your neighbour can complain about your parking next to their dropped kerb to the police or local council authorities. In case of repeated complaints, you may be faced with the visit of parking enforcement officers demanding an explanation or issuing a parking fine to you.

If the council finds you in violation of parking rules next to a dropped kerb; depending on the borough you are in, you can expect to be fined with a Penalty Charge Notice ranging between £70 and £120.

In extreme cases, councils have been known to provide homeowners with dropped kerbs with white marking that can be used to indicate that parking is not allowed next to their driveway/kerb.

Even in the case of public roads, one should not park next to a dropped kerb as one of the purposes that these installations fulfil is the ease of access to wheelchairs and motability vehicles. 

Exceptions to parking next to a dropped kerb on public roads include the following situations:

  • You are picking up or setting down passengers
  • The vehicle is used for loading or unloading purposes (only if there are no loading and unloading bans)
  • It is an emergency service vehicle
  • You have the occupier’s consent
  • The vehicle is a waste collection trucks
  • There is road work being carried out by the vehicle

Can I Park In Front Of A Driveway Without A Dropped Kerb?

Legally speaking, yes, you can park in front of a driveway that doesn’t have a dropped kerb; however, you must realise that by doing so you will be causing an obstruction for the residents’ vehicle to pass through.

In case a driveway does have a dropped kerb, you will be in violation of parking rules and can be charged a fine of £90 for parking in front of it.

It must be noted that in case a resident needs to drive their vehicle over a footway into their driveway on a highway, they will need to build a dropped kerb. If they fail to do so, they will have to park their vehicle on the street as driving over a footway is considered breaking the law.

If your vehicle is found to be obstructing the driveway of a homeowner, you may be issued with a Penalty Charge Notice whether or not there is a dropped kerb in the driveway.

You should also keep in mind that if you obstruct someone’s driveway by parking your car in front of it, they may do the same with you by blocking your vehicle as well. Since there is a potential for a dispute in such matters, it is best to avoid parking in front of a driveway.

Why Is A PCN Issued?

A PCN is issued by council authorities if someone has violated parking laws on public land such as council car park or high street. In addition to parking offences, a PCN can also be charged for breaking traffic rules, failing to follow road signs, and not paying the charges for the London congestion zone or low emission zone.

Depending on the severity of the action, PCN charges can range between £50 to £130 and must be paid within due time.

A PCN or parking fine is issued to vehicle owners either in the form of a notice left on their car windscreen or sent to them through the post.

Can A Blue Badge Holder Park In Front Of A Dropped Kerb?

If you are a Blue Badge holder, you may be able to park in spaces where other drivers may not be able to while staying on main streets but you cannot park in front of someone’s driveway. 

Blue Badge concessions are given to drivers with certain medical conditions in the UK, enabling them to park closer to their destinations. As a Blue Badge holder, you can ask your local council to allocate you a parking space that is close to home.

If you qualify for a Blue Badge, you may be able to park for free in the following locations:

  • Unlimited parking on streets with parking meters or pay-and-display machines 
  • Unlimited parking (unless a time limit is displayed on a sign) in disabled parking bays on streets
  • Parking for up to three hours on single or double yellow lines (unless there’s a ‘no loading’ sign)

However, you must keep in mind that having a Blue Badge does not allow claimants to park their car anywhere; they just qualify for certain concessions in specific areas. They will still need to follow parking regulations and can get fined for breaking parking rules. 

Do You Need Planning Permission For Dropped Kerb?

Whether or not you need Planning Permission for a dropped kerb depends on the type of road that your house is adjacent to. 

You will not need Planning Permission in case the road is listed as unclassified, it is a private road or a private street. However, in the case of either of the following situations, you will need Planning Permission for a dropped kerb:

  • the road is listed as A, B or C
  • the road is a trunk road or a principal road
  • the building is a listed one
  • the property is in a conservation area
  • the property is a flat or a maisonette
  • the property is a commercial or industrial building

If you are building a new house and you have full planning consent from your planning authority, you will need to seek permission for a dropped kerb separately.

You will also need permission from your local council office and highway authority.

How Do You Apply For A Dropped Kerb?

Once your application is approved, some councils will allow you to hire a private contractor for the task, while others will get the work done and charge you for it. Charges may vary from council to council and may range between £1500 and £3000; depending on the nature and extent of work involved. There may be additional costs that include the license fee and consult charges of a contractor.

There is a chance that your application for dropped kerb gets rejected by the local council or planning permission, in case of any of the below situations:

  • the kerb is too close to a junction
  • the visibility is restricted by walls or hedges
  • tress, road signs or bus stops would need to be moved

Alternatively, you may be charged a fee of £600 for tree removal and around £3000 for removal of road signs or bus stops; however, in certain cases the rejection withstands.

Do I Need Planning Permission For Dropped Kerb?

Whether or not you need Planning Permission for a dropped kerb depends on the type of road that your house is adjacent to. 

You will not need Planning Permission in case the road is listed as unclassified, it is a private road or a private street. However, in the case of either of the following situations, you will need Planning Permission for a dropped kerb:

  • the road is listed as A, B or C
  • the road is a trunk road or a principal road
  • the building is a listed one
  • the property is in a conservation area
  • the property is a flat or a maisonette
  • the property is a commercial or industrial building

What Is Included In Permitted Development?

The scope of Permitted Development runs across varied projects that may be related to the internal or external structure of a property. Home improvement projects under  Permitted Development include the following:

  • building of a small rear extension 
  • construction of a porch 
  • changes of use including loft, garage or basement conversions
  • knocking down internal walls
  • installation of solar panels 
  • installation of satellite dishes 
  • addtition of rooflights or dormer windows

Conclusion:

The above discussion makes it clear that you may be able to use a neighbour’s dropped kerb to turn your car around (if they do not complain about it and you have no other option to do so); however, you cannot use our neighbour’s dropped kerb to park your car as it obstructs the driveway. In fact, motorists should be careful about parking in front of a dropped kerb even in public places as the purpose of having a dropped kerb is to provide access to a dreway or wheelchari acces to the disabled.

FAQs: Can I Use My Neighbour’s Dropped Kerb?

Can my neighbour park on my dropped kerb?

While it may not be a criminal offence for your neighbour to park their car on your dropped kerb, they should only do so if they share the kerb with you.

What can I do if someone blocks my driveway?

If someone blocks your driveway, it is considered trespassing and you have the right to report them to the authorities.

Can you park in front of a dropped kerb in the UK?

No, you cannot park in front of a dropped kerb. If found guilty of this, you may be reported to the local council or police. You may also face a fine of £1,000.

What is the legal height of a kerb?

When dropping a kerb in front of their highway, residents are often advised that a kerb should ideally be 100 mm above the road surface.

References:

Dropped-kerb-parking.html

Using Neighbours Dropped Kerb And Crossover in The AnswerBank: Home & Garden

Do I need planning permission for a dropped kerb outside my home?.

Planning permission: When you do not need it – GOV.UK

Is it illegal to park across someone’s driveway if there is not a dropped kerb?.

Paying a council car parking fine

Motability, Blue Badge Scheme and discounted travel | MoneyHelper

10 Tips for Getting Planning Permission for a Dropped Kerb in 2021

Apply for a dropped kerb – GOV.UK

Dropped Kerbs: What are the Rules? Plus, How to Apply | Homebuilding

Planning Permission | Extensions