Exempt buildings

The following buildings are exempt under Schedule 2 of the Building Regulations, meaning you do not need to make a Building Regulation application, although sometimes specific parts of the regulations will still apply. You may however still require planning permission.

Here are some common examples:

• Buildings not used by people.
• Caravans.
• Greenhouses and agricultural buildings (unless used for retail etc) and buildings used principally for the keeping of animals.
• Temporary buildings – not intended to remain in place for more than 28 days.
• Ancillary buildings – such a building site office.
• Small detached buildings (e.g. sheds or single garages) that do not have an internal floor area of more than 15m2 and contain no sleeping accommodation. These can be built anywhere on your property provided they are not attached to any building.
• Small detached buildings (e.g. sheds or single garages) that do not have an internal floor area of more than 30m2 floor area and contain no sleeping accommodation. These must be built at least one metre from your boundary, unless made substantially from non-combustible materials (e.g. not made from timber).
• An extension at ground floor that has an internal floor area less than 30m2 and is either a conservatory*, porch, covered yard or covered way, or a carport that is open on at least two sides.

Please see Schedule 2 of the Building Regulations for the complete list of exempt buildings.

Conservatory and Porch

There is no legal definition of a conservatory or porch in the regulations, therefore a common dictionary definition of is used to both define how they should look (conservatory) and be used. On that basis, we would expect a conservatory to have substantially glazed roof and walls, and not be used as a dining room, kitchen, principle lounge, etc.

You must not remove a wall, door, or window between the conservatory or porch and the building, install a standalone heating appliance, or extend a heating system into a conservatory or porch, because the energy efficiency requirements (Part L) of the Building Regulations will apply, and an application will be required.

Part P – Electrical Safety and Exempt Buildings

Any electrical installation* in an exempt building or extension that is connected to a dwellings electrical circuits must meet the requirements of Part P of Schedule 1 to the Building Regulations. You must do this by employing an electrician that is registered on one of the many “Part P” competent person schemes and ensure that they register the installation. You will receive a certificate that you must keep safe, when they have registered the installation. We will also receive notification from their competent person scheme body.

If you do not employ a registered electrician, you will need to make an application direct to either ourselves or a registered building control approver for the electrical installation (not the exempt building). When an application is made to us, we will use a third party electrician to assess the work. The cost of this will be reflected in the fees we charge.

*Note: some electrical work is not notifiable, a reputable electrician will be able to advise you when this is the case or see Regulation 12(6A) for notifiable work.

Useful Links

Schedule 2 of the Building Regulations 2010

Energy Efficiency Requirements

Descriptions of work where no Building Regulation application is required