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Repairing a driveway in Britain is rarely just a surfacing decision, because the planning rules attached to front gardens changed and most homeowners never heard about it. GOV.UK records that from 1 October 2008 the government introduced changes to the General Permitted Development Order, making the hard surfacing of more than five square metres of domestic front gardens permitted development only where the surface in question is rendered permeable.

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The Planning Portal states the practical effect: no planning permission is needed if a new or replacement driveway of any size uses permeable or porous surfacing which allows water to drain through, while permission will be needed for laying traditional impermeable driveways of more than five square metres that do not provide for the water to run to a permeable area. Because the rule covers a replacement and not only a brand new drive, a repair that turns into a relay can quietly cross the line.

The rest of a driveway repair is about diagnosis and water. Tarmac that is fretting, block paving that has rutted, a permeable surface that has silted up and a slab that ponds all have different causes and different fixes, and the one thing they share is that whatever put water where it should not be will do it again unless the repair deals with it.

Front gardens, five square metres and the dropped kerb

The threshold to remember is five square metres, and the date behind it is 1 October 2008, when the General Permitted Development Order was changed so that hard surfacing of more than five square metres of a domestic front garden is permitted development only where the surface is rendered permeable. GOV.UK's guidance on the change sets out the approaches that control and reduce rainfall running into the drains: permeable surfaces, soakaways and rain gardens.

The Planning Portal's version is the one to hold a contractor to. A new or replacement driveway of any size that uses permeable or porous surfacing which allows water to drain through needs no permission; permission will be needed for laying traditional impermeable driveways of more than five square metres that do not provide for the water to run to a permeable area. The rules are for houses, not for flats and maisonettes, and they concern front gardens specifically. So an impermeable drive is still possible above the threshold, provided the run off is genuinely directed to a permeable area rather than to the pavement.

Driving across the pavement is a separate permission with its own timetable. The Planning Portal describes a dropped kerb as a lowered sloping access point in the pavement, states that it is required if you wish to drive over a pavement onto your property, and says it is illegal to do so without one. GOV.UK directs you to your council to apply, and notes that the service is available in England and Wales only. Sort the crossover before the surfacing is booked rather than after.

Scotland's own hard surface rule, and checking locally elsewhere

Scotland reaches a similar destination by a different route. Its permitted development order includes a class covering the provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of that dwellinghouse, or the replacement in whole or in part of such a surface. Where that surface lies between the dwelling and an adjacent road, the condition attached is that it must either use porous materials or direct run off water to a permeable or porous area or surface. The class is not available in conservation areas or within the curtilage of a listed building at all.

The practical difference is worth noting: the Scottish condition is expressed as porous materials or directed run off, without the five square metre threshold that appears in the England guidance, and the conservation area exclusion is absolute rather than a matter of an article four direction. A homeowner in a Scottish conservation area replacing a front drive is looking at an application, not a permitted development check.

Northern Ireland runs a separate order again, whose minor operations part deals with enclosures and the formation of a means of access rather than with front garden surfacing in the same terms. Rather than assume that the England guidance carries across, ask the local council's planning service what applies to your address before the old surface comes up.

Patch, resurface or relay: matching the repair to the fault

  • Tarmac with a fretting or open surface but a sound base: localised patching, or an overlay where the levels, the edges and the threshold heights still work afterwards.
  • Tarmac with potholes, ruts or cracking in a connected pattern: the base is the problem, and surfacing over it buys a season rather than a repair.
  • Block paving that has rutted in the wheel tracks or dipped in patches: lifting, correcting the bedding and sub base and relaying the same blocks, which is the advantage of block paving in the first place.
  • Block paving with joints emptied of sand and blocks rocking underfoot: re-sanding and, where the edges have spread, reinstating the edge restraint before anything else.
  • Permeable surfacing that now ponds: it has probably silted up, and the answer is cleaning and maintenance rather than sealing it, since sealing the surface defeats the condition the drive relies on.
  • Concrete slabs that have stepped, rocked or cracked through their full depth: the ground beneath has moved, so the repair has to deal with the base and not only the slab.
  • Any surface where the water runs towards the house or onto the pavement: fix the falls and the discharge first, because every other repair is on borrowed time until that is right.

What actually goes wrong with British driveways

The dominant cause is water that has nowhere to go. A drive that was laid to fall towards a gully which no longer works, a soakaway that has silted up, a permeable build up clogged with fines and moss, or a garden that has been raised so the drive now drains towards the house all produce the same result, and the surface gets the blame. Standing water also does its own damage, softening the base through a long wet winter and working into joints and cracks.

Loads are the second cause. Domestic drives are frequently built for a car and then asked to take a delivery lorry, a skip, a builder's grab lorry or a caravan parked on one spot for months. Edges suffer first, because a tarmac or block paved edge without restraint has nothing to lean on, and once the edge goes the ruts follow it inwards.

The third is everything that was already in the ground. Old trenches for water, gas and electricity backfilled loosely, tree roots, a buried garden that was never compacted, and the softer strip where a previous kerb or wall was grubbed out all settle at their own pace. Damage that follows a straight line across a drive is usually tracing a trench, and damage that appears beside a mature tree is usually tracing the tree.

Signs a driveway needs more than a cosmetic repair

  • Water lying on the surface hours after the rain has stopped, or running towards the house or the garage threshold.
  • Water discharging from the drive straight onto the pavement or into the road rather than to a permeable area.
  • Ruts or dips along the wheel tracks, or blocks that rock as a car drives over them.
  • Edges that have crumbled, spread or lost their restraint, with the damage creeping inwards from them.
  • Cracking in a connected pattern rather than isolated lines, which points at the base rather than the surface.
  • A permeable drive that has stopped draining through, with moss, silt and standing water on top.
  • A step forming where the drive meets the garage, the footway or a manhole cover, which is a trip hazard as much as a defect.
  • Damp appearing inside the house at ground floor level after a drive or a garden level was raised.

How a proper driveway repair runs, and what leaves the site

A sound repair begins with two questions rather than with a quotation: what is under the surface, and where does the water go. Expect the contractor to look at the falls, at the gullies, channels or soakaway, at the thresholds and at the edges, and to say what the repair assumes about the sub base. Where a permeable surface is involved, expect them to be clear about whether they are maintaining permeability or replacing it, because that is a planning question as well as a drainage one.

Removing the old surface is a real part of the job. GOV.UK states that a business must register as a waste carrier if it transports waste, or as a dealer or broker if it buys, sells, disposes of or arranges for someone else to handle waste, and there is a public register of waste carriers, brokers and dealers you can search to confirm a firm is registered. Ask who is taking the broken tarmac, blocks or concrete away and under whose registration.

Cutting is where the health risk sits. HSE states that over 500 construction workers are believed to die from exposure to silica dust every year, and that regularly breathing construction dust can cause lung cancer, asthma, chronic obstructive pulmonary disease and silicosis, all of which cause permanent disability and early death. Cutting concrete, stone and paving is exactly the activity that produces it, and the controls HSE points to are water suppression, on tool extraction and respiratory protective equipment under the assess, control and review approach of COSHH. A contractor dry cutting blocks in a front garden with no water and no extraction is telling you something about the rest of their standards.

Doorstep offers, written quotes and your right to cancel

Driveway resurfacing is one of the classic doorstep trades, usually pitched as material left over from a job nearby and a price that is only good today. The law gives you time that the pitch is designed to deny you. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, a consumer may cancel a distance or off premises contract at any time in the cancellation period without giving any reason and without incurring any liability except as those regulations provide, and for a service contract the cancellation period ends at the end of 14 days after the day on which the contract is entered into.

The regulations go further where the trader keeps quiet about that right. If the required information about the right to cancel is not provided, the cancellation period ends at the end of 12 months after the day on which it would otherwise have ended, and if the trader supplies the information late but within that 12 months, the period ends 14 days after the consumer receives it. A trader who never mentions cancellation has therefore handed you a much longer window rather than removed one.

None of that helps if the work is already done badly, so the ordinary precautions still matter: get a written quotation naming the firm and its address, the area to be repaired, what is being taken up, the sub base and edge work, the surfacing specification, where the water will discharge and what the guarantee covers. Be wary of pressure to start immediately, of cash in advance, and of any suggestion that a front garden of more than five square metres can be surfaced impermeably without anyone thinking about drainage.

Keeping a repaired driveway in good order

  • Keep gullies, channel drains and any soakaway inspection point clear, since a blocked outlet undoes an otherwise sound repair.
  • Sweep and clean a permeable surface as the manufacturer advises so that it keeps draining through, and never seal it.
  • Top up jointing sand in block paving before blocks begin to rock, and use a pressure washer sparingly because it strips the joints out.
  • Keep moss and algae off shaded areas and steps, which is a slip hazard through a long damp winter as well as a sign of standing water.
  • Keep heavy vehicles, skips and grab lorries off a domestic drive where you can, and off the edges in particular.
  • Reinstate edge restraints promptly, since spreading edges pull the rest of the surface apart.
  • Keep soil, gravel and new planting below the damp proof course where the drive meets the house.
  • Deal with a dip or a pothole while it is small, because water collecting in it accelerates everything underneath.

Driveway Repair: frequently asked questions

Do I need planning permission to replace my driveway?

It depends on the surface and the area. The Planning Portal states that no permission is needed if a new or replacement driveway of any size uses permeable or porous surfacing which allows water to drain through, and that permission will be needed for laying traditional impermeable driveways of more than five square metres that do not provide for the water to run to a permeable area. The rules apply to houses rather than flats and maisonettes, and to front gardens specifically.

Where does the five square metre rule come from?

From a change to the General Permitted Development Order. GOV.UK records that from 1 October 2008 the government introduced changes making the hard surfacing of more than five square metres of domestic front gardens permitted development only where the surface in question is rendered permeable. The same guidance describes the approaches for controlling and reducing rainfall run off into drains: permeable surfaces, soakaways and rain gardens.

Do I need a dropped kerb before I use the driveway?

Yes, if you will drive across the pavement to get to it. The Planning Portal describes a dropped kerb as a lowered sloping access point in the pavement, says it is required if you wish to drive over a pavement onto your property and states that it is illegal to do so without one. You apply through your local council, and GOV.UK notes that its dropped kerb service is available in England and Wales only. Apply before the drive is laid, since the crossover is not automatic.

Is the rule the same in Scotland?

Similar in effect, different in wording. The Scottish order permits the provision within the curtilage of a dwellinghouse of a hard surface, or its replacement in whole or in part, with the condition that where the surface is between the dwelling and an adjacent road it must use porous materials or direct run off water to a permeable or porous area or surface. It is not available in conservation areas or within the curtilage of a listed building, so a conservation area drive in Scotland means an application rather than a permitted development check.

Can I just resurface over the old tarmac?

Only if the base beneath it is sound and the levels still work. An overlay over a surface that is cracking in a connected pattern, rutting or holding water is covering a base failure, and it reappears within a season or two. An overlay also raises the surface, which matters at the garage threshold, at the house where the damp proof course is, and at the footway. Ask the contractor what they think is wrong under the surface and why an overlay is the right answer rather than a relay.

Someone knocked at the door offering to resurface my drive today. What are my rights?

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you may cancel an off premises contract at any time in the cancellation period without giving a reason, and for a service that period ends 14 days after the day the contract is entered into. If the trader does not give you the required information about the right to cancel, the period ends 12 months after it would otherwise have ended, or 14 days after you receive the information if they provide it late within that time. Take the time the law gives you and get the quotation in writing.

Who takes away the old driveway material?

Whoever does, should be registered for it. GOV.UK states that a business must register if it transports waste as a carrier, or buys, sells or disposes of waste, or arranges for someone else to do so as a dealer or broker, and there is a public register of waste carriers, brokers and dealers that can be searched. Ask the contractor who is removing the broken tarmac, blocks or concrete and under whose registration it is going, and keep the answer with the quotation.

How does LokalMatch work for driveway repair?

Describe the drive once, including the surface, the area, what has gone wrong and where the water goes, and paving contractors covering your postcode get in touch with you directly. They pay for the requests they receive, so posting one costs a homeowner nothing. LokalMatch does not repair driveways and does not set prices, and it does not vet, rank or recommend any contractor, so checking the specification, the drainage and who is removing the waste stays with you.

Sources

  1. GOV.UK: Permeable surfacing of front gardens — guidance
  2. Planning Portal: Paving your front garden
  3. GOV.UK: Apply for a dropped kerb
  4. The Town and Country Planning (General Permitted Development) (Scotland) Order 1992, Schedule 1 (hard surfaces)
  5. Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, regulation 29
  6. Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, regulation 30
  7. Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, regulation 31
  8. GOV.UK: Register as a waste carrier, broker or dealer
  9. HSE: Construction dust

Written by the LokalMatch editorial team. Last reviewed 14 September 2026. How we write and check our guides

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What affects the cost of driveway repair

Prices depend on the details of your project. We only publish price ranges when they’re backed by real LokalMatch quote data or reliable sources. Until then, here’s what usually changes the price:

  • Size and thickness of the area
  • Removal of the old surface
  • Excavation and base preparation
  • Finish, colour or pattern
  • Access for equipment and trucks
  • Steps, curves, drains or retaining edges

How to compare paving contractors before you hire

  • Choose a contractor who explains how they'll prepare the base, since most concrete and interlock problems start underneath.
  • Ask how they'll slope the surface so water drains away from the house.
  • Get a written quote that covers excavation, base material, reinforcement, finish and removal of the old surface.
  • Look at jobs they finished a few seasons ago to see how they've held up through freeze and thaw.
  • Ask whether they'll call to have underground utilities located before digging.

Questions to ask paving contractors before you hire

  • How deep will you excavate, and what base will you put down?
  • Will you use reinforcement, and what kind?
  • How will you make sure water drains away from the house?
  • Does this work need a permit from my municipality?
  • How soon can the surface be walked on or driven on after it's done?
  • What warranty do you offer for cracking, settling or heaving?

When to call a pro for driveway repair

  • Cracks that are widening or slabs that have sunk or lifted
  • Water pooling against the foundation after rain
  • Trip hazards on steps, walkways or driveways

Driveway repair permits and local rules

Some driveway repair work needs a permit or has to meet local bylaws. Rules vary by municipality, so ask your pro whether a permit is needed and who will apply for it — and check with your city or town if you’re unsure.

Permits and licensing

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