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Exempt Buildings and Works

Labc LogoThis page outlines all works and buildings that are exempt by Regulation 9 and Schedule 2 of The Building Regulations.

Building regulation exemptions

Not all buildings and extensions are subject to control under The Building Regulations, Regulation 9 exempts buildings and work of a kind described in Schedule 2 of The Building Regulations.

The carrying out work to or in connection with a building or extension described in Schedule 2, will also be exempt from the requirements of The Building Regulations, providing that after carrying out the work the building or extension still fits the relevant criteria of Schedule 2.

For example, an existing exempt garage with a floor area of 20 square metres is to be extended by a further 5 square metres. The cumulative floor area of the existing and proposed are still within the 30 square metre limit, the proposed extension is therefore exempt.

Schedule 2

Class 1 - Buildings Controlled Under Other Legislation

1. The construction of any building which is subject to the Explosives Acts 1875(a) and 1923(b).

2. 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(b) is in force.

3. A building included in the schedule of monuments maintained under Section 1 of the Ancient Monuments and Archaeological Areas Act 1979(d).

Class 2 - Buildings Not Frequently Used by People

A detached building:

a) into which people do not normally go.

b) into which people go only intermittently and then only for the purpose of inspecting or maintaining fixed plant or machinery; unless any point of such a building is less than one and a half times its height from:

1. Any point of a building into which people can or do normally go; or

2. The nearest point of the boundary of the curtilage of that building whichever is the nearer.

Class 3 - Greenhouses and Agricultural Buildings

1. Subject to paragraph 3, a greenhouse;

2. A building used, subject to paragraph 3, for agriculture, or a building principally for the keeping of animals, provided in each case that:-

a) no part of the building is used as a dwelling;

b) no point of the building is less than one and a half times its height from any point of a building which contains sleeping accommodation; and

c) the building is provided with a fire exit which is not more than 30 metres from any point in the building.

3. The descriptions of buildings in paragraphs 1 and 2 do not include a greenhouse or a building used for agriculture if the principal purpose for which they are used is retailing packing or exhibiting.

4. In paragraph 2, agriculture includes horticulture, fruit growing, the growing of plants for seed and fish farming.

Class 4 - Temporary Buildings

A building which is not intended to remain where it is erected for more than 28 days.

Class 5 - Ancillary Buildings

1. 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.

2. 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.

3. 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.

Class 6 - Small Detached Buildings

1. A detached single storey building, having a floor area which does not exceed 30 metres square, which contains no sleeping accommodation and is a building:

a) no point of which is less than one metre from the boundary of its curtilage.

b) which is constructed substantially of non-combustible material.

2. A detached building designed and intended to shelter people from the effects of nuclear, chemical or conventional weapons, and not used for any other purpose, if:

a) its floor area does not exceed 30 metres square, and

b) the excavation for the building is not closer to any exposed part of another building or structure than a distance equal to the depth of the excavation plus one metre.

3. A detached building, having a floor area which does not exceed 15 metres square which contains no sleeping accommodation.

Class 7 - Extensions

The extension of a building by the addition at ground level of:

a) a conservatory, porch, covered yard or covered way;

b) a carport open on at least two sides;

where the floor area of that extension does not exceed 30 metres square provided that in the case of a conservatory or porch which is wholly or partly glazed, the glazing satisfies the requirements or Part N of Schedule 1.

Below is a diagram of critical locations as defined in Approved Document N.

Glazing critical locations

Exceptions

Water Supply

Requirements G1 - Cold water supply and G3 (2) and (3) - Hot water supply and systems apply :

(a) to any greenhouse which receives a cold or hot water supply from a source supplied by or shared with a dwelling; and

(b) to;

(i) any small detached building falling within class 6 of Schedule 2; and

(ii) any extension of a building falling within class 7 of Schedule 2,

which in either case receives a cold or hot water supply from a source shared with or located inside any building other than a building or extension of a kind described in Schedule 2.

Electrical Works

Where electricity is supplied from a source either shared or located inside a dwelling, requirement P1 (Design and installation of electrical installations) will apply to any:

(a) greenhouse;

(b) any small detached building falling within class 6 of Schedule 2; and

(c) any extension of a building falling within class 7 of Schedule 2.

Last updated: Monday, 15 September 2014 9:50 am

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