Exempt Buildings

Building Regulations set minimum performance standards in the design and construction of buildings, to ensure the health and safety of people in and around those buildings. They also incorporate measures to conserve fuel & power and to ensure the provision of facilities for disabled people.

It is recognised that some types of building and items of work present no risk to the health & safety of people that use or live nearby.

As a result the Regulations do not apply to certain works and these are detailed in the following information sheet

• Exempt Buildings Guidance (PDF Document, 0.18 Mb)
• Exempt Buildings Guidance (Word Document, 1.19 Mb)

Written Confirmation That Work Is Exempt or Was Exempt at the Time of Construction.

We now offer a service following numerous request; to provide written confirmation that works carried out or planned are exempt from a Building Regulation aapplication.

In order to provide these details please make an application on the form below together with the relevant fee.  This will in most instances include a site visit as we cannot issue confirmation without first making adequate enquiries as to the built/proposed structure.

• Exempt Work Application Form and Checklist Nov 11 (Word Document, 0.37 Mb)

 

Small Detached Buildings, Sheds, Garages, etc

A garage is defined as a building or shed for the storage of a motor vehicle or vehicles.

A shed is defined as a one storey structure usually of wood for storage or shelter for animals etc., or used as a workshop.

A detached building with a floor area of less than 15m² which does not contain sleeping or habitable accommodation will meet the requirements for exemption providing it:

• Is unheated and has no cooling or mechanical ventilation system and has no other use.
  
• The building is only one storey and at ground level
  
• Any electrical work in the shed (or other similar small detached building) should be designed, installed, inspected and tested by a person competent to do so in accordance with Part P (Electrical Safety) of The Building Regulations
  
•  The shed (or other similar small detached building) must not have an adverse effect on an entrance to the existing building with regards to door widths, ramps, landings, stepped approaches etc?
  
• The shed (or other similar small detached building) must not be used for any other purpose (e.g. living/sleeping accommodation or toilets etc)?
  
• It is a requirement that any escape window serving a third storey to the existing building should not have ladder access to it impeded by the location of the shed.

A detached building with a floor area of less than 30m²  which does not contain sleeping or habitable accommodation will meet the requirements for exemption if:

• The floor area does not exceed 30m², and
  
• The building is only one storey and at ground level
  
• The building is unheated and has no cooling or mechanical ventilation system
  
  • The building is at least 1m from a boundary; or
    
  • The building is substantially non combustible (i.e. constructed of brickwork, concrete or steel, excluding windows, doors, fascia boards, roof joists and roof decking)
    
• Any electrical work in the shed (or other similar small detached building) must be designed, installed, inspected and tested  by a person competent to do so in accordance with Part P (Electrical Safety) of The Building Regulations
  
• The shed (or other similar small detached building) must not have an adverse effect on an entrance to the existing building with regards to door widths, ramps, landings, stepped approaches etc?
  
• The shed (or other similar small detached building) must not be used for any other purpose (e.g. living/sleeping accommodation or toilets etc)?
  
• It is a requirement that any escape window serving a third storey to the existing building should not have ladder access to it impeded by the location of the shed.

 Note: If a heating system is added this may require a Building Regulation application in its own right, for example a multi fuel stove or wood burning stove or similar is controlled under The Building Regulations as are many other,  please provide us full details.

Small Extensions        

Certain small single storey extensions are exempt from Building Regulations when attached to a property at ground level if the floor area does not exceed 30m².
These can include:

• A carport open on at least two sides
  
• A covered yard
  
• A covered way
  
• A porch (in some cases)
  
• A conservatory (in some cases)

Carports are exempt where:

• Less than 30m² floor area
  
• Open on 2 sides to air, most gates are not considered open
  
• The building is only one storey and at ground level
  
• It is a requirement that any escape window serving a third storey to the existing building should not have ladder access to it impeded by the location of the carport.
  
• Any electrical work in the carport will need to be designed, installed, inspected and tested  by a person competent to do so in accordance with Part P (Electrical Safety) of The Building Regulations

Covered Yard or Covered Way, defined as a roofed area covering a path or paved area, generally to the side or rear of the dwelling use for shelter of garden equipment or similar not for the storage of motor vehicles will meet the requirements for exemption if:

• Less than 30m² floor area
  
• The building is only one storey and at ground level
  
• It is a requirement that any escape window serving a third storey to the existing building should not have ladder access to it impeded by the location of the covered yard/way.
  
• Any electrical work in the covered yard/way will need to be designed, installed, inspected and tested by a person competent to do so in accordance with Part P (Electrical Safety) of The Building Regulations
  
• Will not have an adverse effect on an entrance to the existing building with regards to door widths, ramps, landings, stepped approaches etc?

Porch, defined as a covered shelter for the entrance of a building will meet the requirements for exemption if:

• The floor area does not exceed 30m², and
  
• The building is only one storey and at ground level
  
• The building is not heated from the dwellings heating system and has no cooling or mechanical ventilation
  
• Any electrical work in the will be designed, installed, inspected and tested by a person competent to do so in accordance with Part P (Electrical Safety) of The Building Regulations
  
• The Porch will not have an adverse effect on an entrance to the existing building with regards to door widths, ramps, landings, stepped approaches etc?
  
• The Porch will not be used for any other purpose (e.g. living/sleeping accommodation or toilets etc)?
  
• Located over an existing external door into the dwelling
  
• Any doors or windows that separate the porch from the dwelling need to be external standard, secure and draught proofed and must be retained, of if replaced meet the energy efficient requirements (this requires Building regulations Approval) this cannot be an internal door or clear opening.
  
• It is a requirement that any escape window serving a third storey to the existing building should not have ladder access to it impeded by the location of the porch.
  
• Any Low level glazing areas within 800mm of floor level, glazing in doors and within 300mm of door edges less than 1500mm above floor level should generally be of a type so that if broken, it will break safely. In practice this means such glazing should be either laminated or toughened. (See diagram1) Ordinary glazing can still be used in small pane sizes however, provided the glass is sufficiently strong to resist breakage. (Diagrams 2&3).  Kite marks need to be clearly visible as per the British or European standard.See

See http://www.planningportal.gov.uk/buildingregulations/approveddocuments/partn/approved for Approved Document N safety glazing this contains images of glass locations

Note: If a heating system is added this may require a Building Regulation application in its own right, for example a multi fuel stove or wood burning stove or similar is controlled under The Building Regulations as are many other,  please provide us full details.

Conservatory, defined as a room with a glass roof and walls attached to a dwelling at one side and used as a sun lounge, or for growing delicate plants.  We considered in order to be considered a conservatory; at least ¾ of its roof and ½ of its walls must be constructed of a translucent material.  If not, then this is an extension and a Building regulation application is required. (This is in line with LABC national guidance issued November 2010)

In order to be exempt a conservatory must:

• Have a floor area that does not exceed 30m², and
  
• The building is only one storey and at ground level
  
• The building is not heated from the dwellings heating system and has no cooling or mechanical ventilation
  
• Any electrical work in the building will be designed, installed, inspected and tested by a person competent to do so in accordance with Part P (Electrical Safety) of The Building Regulations
  
• The Conservatory must not have an adverse effect on an entrance to the existing building with regards to door widths, ramps, landings, stepped approaches etc?
  
• The Conservatory must not be used for any other purpose (e.g. living/sleeping accommodation, kitchen or toilets etc)
  
• Located over an existing external door into the dwelling
  
• Any doors or windows that separate the Conservatory from the dwelling need to be external standard, secure and draught proofed and must be retained, of if replaced meet the energy efficient requirements (this requires Building regulations Approval) this cannot be an internal door or clear opening.
  
• It is a requirement that any escape window serving a third storey to the existing building should not have ladder access to it impeded by the location of the Conservatory.
  
• Any Low level glazing areas within 800mm of floor level, glazing in doors and within 300mm of door edges less than 1500mm above floor level should generally be of a type so that if broken, it will break safely. In practice this means such glazing should be either laminated or toughened. (See diagram1) Ordinary glazing can still be used in small pane sizes however, provided the glass is sufficiently strong to resist breakage. (Diagrams 2&3).  Kite marks need to be clearly visible as per the British or European standard.

See http://www.planningportal.gov.uk/buildingregulations/approveddocuments/partn/approved for Approved Document N safety glazing this contains images of glass locations

Note: If a heating system is added this may require a Building Regulation application in its own right, for example a multi fuel stove or wood burning stove or similar is controlled under The Building Regulations as are many other,  please provide us full details.

Anything that does not meet the above exemption requirements will need a Building regulation application.

Buildings controlled under other legislation. E.g. Ancient monuments or nuclear power stations. 
Any building, the construction of which is subject to the Explosives Acts 1875 and 1923.

• Any building (other than a building containing a dwelling or a building used for office or canteen accommodation) erected on a site in respect of which a license under the Nuclear Installations Act 1965 for the time being in force.
• A building included in the schedule of monuments maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979.

Buildings not frequented by people.  E.g. detached buildings housing plant or machinery and only entered to do maintenance

Unless any point of such a building is less than one and a half times its height from:

• Any point of a building into which people can or do normally go; or the nearest point of the boundary of the curtilage of that building.  Whichever is the nearest.

Temporary buildings.  E.g. a marquee erected for a show or exhibition, namely a building which is not intended to remain where it is erected for more than 28 days.

Ancillary buildings.  E.g. huts on building sites.

• A building on a site, being a building which is intended to be used only in connection with the disposal of buildings or building plots on that site.
• A building on the site of construction or civil engineering works, which is intended to be used only during the course of those works and contains no sleeping accommodation.
• A building, other than a building containing a dwelling or used as an office or showroom, erected for use on the site of and in connection with a mine or quarry.

Greenhouses and Agricultural Buildings

Generally these are exempt if they meet the following criteria:

• Any greenhouse which is not used for retailing, packaging or exhibiting.
  
• Any building used for agriculture, horticulture, fish farming or principally for keeping animals provided that:
  
• No part is used as a dwelling
  
• The building is at least 1 ½ times its height from any building containing sleeping accommodation.
  
• No point in the building is more than 30m from a fire exit.

 

EXEMPTION CERTIFICATES

We often receive requests to confirm work is exempt; normally this is to assist when selling a house. If you need a certificate confirming that a part of your property is exempt from the Building Regulations then as long as it meets one of the criteria set out above, you can request an Exemption Certificate.

We make a small charge to cover our costs for this service which you can find by contacting us