Exempt Building Work Guidance Note – Jan 2022

This leaflet provides guidance on when building work is exempt from the need to seek Building Regulation approval.

You may also need to seek Planning Permission. This is completely different legislation and is not covered in this leaflet. Please contact your Council’s Development Control Section or Planning Department for further advice.

Exempt building work

It is not necessary to submit an application to Building Control for the following types of building work as they are exempt from the Building Regulations, however associated electrical work may be controlled in most instances unless an electrician registered with a competent persons scheme is used:

• A porch at ground level, provided that;
  • It does not contain a WC, the existing front door is retained in its existing position, the total floor area does not exceed 30m², the dwellings main heating system does not extend into this area and the glazing in critical locations is toughened or laminated safety glass.
• A conservatory at ground level, provided that;
  • the total floor area does not exceed 30m² and at least 50% of the walls and 75% of the roof is either glazed or translucent material with glazing in critical locations being in toughened or laminated safety glass. The dwellings main heating system must not extend into the conservatory and thermal separation must be maintained between the conservatory and the rest of the living accommodation (i.e. any doors or windows should remain). The conservatory should not obstruct the use of emergency escape windows in upper floors.
• A carport at ground level, provided that;
  • it is open on at least two sides and the total floor area does not exceeding 30m²;
• A covered way or covered yard at ground level, with a total floor area not exceeding 30m²;
• A single storey detached building with a floor area not exceeding 15m², provided that;
  • it does not contain any sleeping accommodation;
• A single storey detached building with a floor area between 15m² and 30m², provided that;
  • It does not contain any sleeping accommodation and, if constructed within 1 metre of any boundary, is built of substantially non-combustible material such as bricks or blocks;
• A greenhouse, provided that it is not used for retailing or exhibiting;
• Agricultural buildings or buildings used for the keeping of animals including fruit growing, the growing of plants for seed and fish farming, but not those used for retailing, packing or exhibiting) provided that:
  • No part of the building is used as a dwelling;
  • No part of the building is less than one and a half times its height from any part of a building that contains sleeping accommodation; and
  • The building is provided with a fire exit not more than 30 metres from any point within the building.
• Temporary Buildings provided it does not remain erected for more than 28 days.

What can happen if I do not submit an application for controlled work?

If you proceed with the work without applying you are contravening the Building Regulations. If work continues
without an application, you are liable on summary conviction to a fine. Where work carried out does not comply
with the Regulations, demolition or alteration works may be necessary.
There are two ways to apply for Building Regulations, either by FULL PLANS or a BUILDING NOTICE
application. For further information read our page The Building Control Process

Work that has been commenced or carried out without an application for Building Regulations

Building Control may agree to accept an application to seek retrospective approval for work carried out without
Building Regulations permission by allowing the owner to submit a Regularisation application. Further
information can be found under Householder Guidance: Regularisations or you can contact us on 01438 879990.