0.3 Exempted buildings and services, fittings and equipment
Regulation 3 and schedule 1 set out what buildings and work are exempted from the building regulations. The general principles applied to establish exemption are that the regulations do not need to apply where:
the buildings or work are sufficiently minor that they have little or no impact on the public interest and it is not in the public interest to seek to enforce the regulations (types 13 - 15 and 17 - 21)
Particular care is necessary where exempted work is in the vicinity of, or attached to, an existing building. The level of compliance of the existing building with building regulations should not be adversely affected when exempt works are undertaken.
Where exempt work requires that alteration is made to an existing building to maintain the level of compliance with building regulations, a building warrant may be required. For example where it is intended to construct a porch, which falls within type 18, over an accessible entrance and a new accessible entrance is required.
Table 0.1. Exempted buildings and services, fittings and equipment
|Buildings etc. controlled by other legislation
|A building erected on a site which is subject to licensing under the Nuclear Installations Act 1965.
|A building included in the schedule of monuments maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979.
|Protective works subject to control by regulation 13.
|Buildings or work not frequented by people
|A building into which people cannot or do not normally go.
|Detached fixed plant or machinery or a detached building housing only fixed plant or machinery, the only normal visits to which are intermittent visits to inspect or maintain the fixed plant or machinery.
|Agricultural and related buildings
|An agricultural greenhouse or other building of mainly translucent material used mainly for commercial growing of plants.
|A single-storey detached building used for any other form of agriculture, fish farming or forestry.
|Works of civil engineering construction
|A work of civil engineering construction, including a dock, wharf, harbour, pier, quay, sea defence work, lighthouse, embankment, river work, dam, bridge, tunnel, filter station or bed, inland navigation, reservoir, water works, pipe line, sewage treatment works, gas holder or main, electricity supply line and supports, any bridge embankment or other support to railway lines and any signalling or power lines and supports, and a fire practice tower.
|Buildings of a specialist nature
|A building essential for the operation of a railway including a locomotive or carriage shed, or for the operation of any other work of civil engineering contained in type 9 of this schedule and erected within the curtilage of such a railway or work.
|A single- storey detached road or rail passenger shelter or a telephone kiosk which in so far as it is glazed complies with the requirements of regulation 9 and paragraph 4.8 of schedule 5.
|A caravan or mobile home within the meaning of the Caravan Sites and Control of Development Act 1960, or a tent van or shed within the meaning of Section 73 of the Public Health (Scotland) Act 1897.
|A detached single- storey building having an area not exceeding 8 square metres.
|Construction & development buildings
|A building used only by people engaged in the construction, demolition or repair of any building or structure during the course of that work.
|A building used in connection with the letting or sale of any building under construction until such time as the letting or sale of all related buildings is completed.
A building which, during any period of 12 months, is either erected or used on a site –
for a period not exceeding 28 consecutive days, or
for a number of days not exceeding 60,
and any alterations to such buildings.
|Buildings ancillary to houses
|A detached single- storey building ancillary to and within the curtilage of a house.
|A single- storey building attached to an existing house, which is ancillary to the house and consists of a conservatory or porch which insofar as it is glazed complies with the requirements of regulation 9 and paragraph 4.8 of schedule 5.
|A single- storey building which is detached, or is attached to an existing house and which is ancillary to the house and consists of a greenhouse, carport or covered area.
|Buildings ancillary to flats or maisonettes
|A detached single- storey building ancillary to and within the curtilage of a flat or maisonette.
|A paved area or hardstanding.