Exempt Buildings
The Building Regulations are intended to ensure the Health and
Safety of people in and around all types of buildings. Anyone
wanting to carry out building work must ensure that it is to built
in accordance with these regulations. However, the Building
Regulations do not apply to certain buildings, including
conservatories, porches, carports and detached garages.
If you would like to receive confirmation that your building
will be exempt, please complete and send our Exempt Buildings
e-form at the bottom of this page.
A Building Regulation application is not necessary for:
- Works of repair.
- Certain exempt buildings and works as specified in Schedule 2
of the Building Regulations 2010. See below for common examples or
further information is available via the Planning Portal
website.
- The insertion of insulation material into an existing cavity
wall, where the installation is by an approved installer.
- Replacement windows, rooflights and doors, notifiable
electrical installations, the provision of combustion appliances,
oil storage tanks and un-vented hot water systems and a cavity wall
insulation where installed by members of a Competent Persons
Scheme, for example FENSA, NICEIC GAS SAFE and
CIGA.
The following buildings and extensions may be erected without
submitting a Building Regulation application although you may still
require Planning Permission.
A detached single storey building, i.e. garage or shed,
that:
- contains no sleeping accommodation,
- is no larger than 30m2 in floor area,
- is at least 1m from the boundary of the site if it is built
from combustible materials i.e. timber
- if it is less than 1m from the boundary it is built of
substantially of non-combustible material i.e. bricks, blocks and a
tiled roof,
- complies with Part P of the Building Regulations Electrical
Safety.
- Note - if the floor area is less than 15m2 the building it can
be built of timber and sited within 1m of the boundary.
The extension of a building by adding at ground level a
conservatory, porch or carport which is:
- no larger than 30m2 in floor area,
- separated from the existing dwelling by external quality
draught-stripped doors or windows,
- and in the case of a carport is open on at least two
sides.
What is a conservatory?
To be classed as a conservatory the extension must have:
- at least 75% of its roof made of translucent material i.e glass
or polycarbonate sheeting,
- at least 50% of its walls made of translucent material.
- existing walls and external quality windows and doors are
retained or replaced if removed
- where the heating system of the existing building is not
extended into the conservatory.
Even if you don't need to submit a Building Regulation
application you should still think about
Glazing - All glazing must satisfy the
requirements of Part N of the Building Regulations and safety glass
must be installed when:
- glass in doors and sidelights either side of a door is less
than 1500mm above floor level
- windows have a cill height of less than 800mm from the
floor
Ventilation - Boiler flues and ventilation
inlets for boilers and fireplaces should not be covered by the
conservatory.
Electrical Work - Electrical work needs to
comply with Part P of the Building Regulations. Where electric
sockets and lighting are installed in the building, the best option
is to employ an electrician who is a member of a Competent Persons
Scheme and can self-certify their work. Alternatively, you may need
to make a Building Regulation application.
Plumbing - If the new area is to include waste
plumbing i.e. for a new w.c., shower or bath, foul water drainage
etc then a Building Regulation application will need to be made for
those works only.
Heating - If a fixed heating installation is
proposed it should have its own separate on/off temperature
controls. The installer should be Corgi, Oftec or Hetas registered
or a Building Regulation application will be needed. Please call us
for further advice.
Drains - Foul and surface water drains can be
built over as long as they are properly protected, to prevent them
breaking, with no additional weight being placed on them as a
result of the works. The new foundations should be taken below the
level of the drain and suitable lintels should be provided where
they cross the foundations.
More comprehensive guidance on common building projects and via
the 'Interactive House' can be found at the Planning Portal in
related links below.
If you are having construction or refurbishment work done, you
may need to notify the Health and Safety Executive (HSE) and you
may have other duties as well. Find out more in the related links
below.
The Party Wall etc. Act 1996
If you intend to carry out building work which involves:
- work on an existing wall shared with another property
- building on the boundary with a neighbouring property
- excavating near a neighbouring building.
you must find out if the work falls within the scope of the Act.
If it does you must notify all neighbours who will be affected by
the works. For further information on The Party Wall etc Act 1996,
please see Related Links below.
Planning Permission - Important Note
Before the works commence you, your Agent or builder should
ensure that Planning Permission, Conservation Area &/or Listed
Building consent has been obtained or that you have written
confirmation that consent is not required. You can obtain guidance
from our Planning section on 01702 318191 or email planning.applications@rochford.gov.uk
Health and Safety Advice
If you are having construction or refurbishment work done, you
may need to notify the Health and Safety Executive (HSE) and you
may have other duties as well. Find out more in the related links
below.