What are the exemptions?
Building Regulations are drafted to protect health and safety. In an attempt to reduce the legislative burden for small buildings where there is considered to be no risk to health and safety, some buildings are exempt from the requirements of Building Regulations.
Exempt Buildings
Extensions to Buildings
The extension of a building at ground floor level with a floor area which does not exceed 30m2 by the addition of:
- Conservatory - (75% of the roof and 50% of the external walls are glazed with transparent materials and any doors between the existing dwelling and the new conservatory being maintained). Conservatories or porches are exempt only if the glazing they contain complies with Part K of the Building Regulations.
- Porch - (providing a covered approach to the entrance to a dwelling and any doors between the existing dwelling and porch being maintained).
- Covered yard or covered way.
- Car port open on at least two sides.
Small Detached Buildings
- Single storey building, with a floor area which does not exceed 15m2, which contains no sleeping accommodation, constructed of any material.
- Single storey building with a floor area which does not exceed 30m2, containing no sleeping accommodation, and constructed substantially of non-combustible material, or sited at least 1m from the boundary of its curtilage.
- Nuclear shelters under 30m2 floor area. Excavation for shelter not to be nearer to other buildings than the depth of the excavation plus 1m.
Ancillary Buildings
- Builders huts containing no sleeping accommodation.
- Estate sales buildings.
- Buildings other than dwellings or offices used in connection with a mine or quarry.
Greenhouses and Agricultural Buildings
- Greenhouses are only exempt providing they are not used for retailing, packing or exhibiting. Greenhouses used as a garden centre shop are not exempt.
- Agricultural buildings and buildings principally for keeping animals are exempt if they are not used as a dwelling, are at least one and a half times their height from any building where there is sleeping accommodation and have a fire exit not more than 30m from any point in a building.
Temporary Buildings
- Those which remain for less than 28 days.
Building not frequented by people
- These are detached buildings into which persons do not normally go or only intermittently to inspect plant and machinery.
- The exemption only applies if the building is sited at least one and a half times its height, either from the boundary or from the point on a building into which people normally go.
Building Controlled under other legislation
- Buildings subject to the Explosives Acts.
- Buildings other than houses or offices erected on a site licensed under the Nuclear Installations Act.
- Buildings included in the Schedule to Section 1 of the Ancient Monuments and Archaeological Areas Act.