How to get it right: Building control exemptions (or when you DON'T need building regulations approval)
While we love to be involved, there are times when you won’t need a Building Regulations application. Whether you are carrying out building work yourself, or employing a builder, there are a number of building regulations exemptions to both work and buildings that don't need building control approval.
The following is intended as a guide but you should always check with your local LABC team if you're in any doubt or need clarification. You can also view Planning Portal’s interactive guides for more information.
Remember, these exemptions only relate to building control applications and you may need to apply for planning permission separately, particularly if you live in, or are carrying out work, to a property that is listed or within a conservation area.
Work that does not need building control approval
- Maintenance work
- Minor repairs
- Replacing less than 25 per cent of an item, like-for-like
- Additional power or lighting points and switches (except around baths and showers)
- Alterations to existing circuits (except around baths and showers)
- Like-for-like replacements of baths, toilets, basins or sinks
- Boundary or garden walls, fences and gates
- In some cases, works that are being carried out by competent registered persons (check details for this with your local LABC team)
Buildings that do not need building control approval
- Greenhouses (providing they are not used for retail, packing or exhibiting)
- Some agricultural buildings (check with your local LABC team)
- Temporary buildings (erected for less than 28 days)
- Some ancillary buildings such as estate sales buildings and building site offices without sleeping accommodation
- Some small detached buildings (check with your local LABC team)
- Buildings that are not frequented by people (check with your local LABC team)
- Detached single storey buildings, including garages, that are less than 30m2 floor area and contain no sleeping accommodation, and are at least one metre from any boundary or constructed of non-combustible materials
- Detached single storey buildings that are less than 15m2 floor area
- An extension to a building at ground level consisting of a porch of less than 30m2 floor area and separated from the house by an external type door
- A carport open on at least two sides
- A covered yard or covered way less than 30m2
- A conservatory or porch that is less than 30m2, with a significant proportion of the roof and walls glazed (no % given), it must be at ground level, it must comply with relevant sections of Part K (glazing), be thermally separated from the dwelling by external quality windows and/or doors and the buildings heating system must not be extended into the conservatory or porch.
- Crown property
- Buildings subject to the Explosives Act
- 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 Ancients Monuments and Archaeological Areas Act
Don’t forget that you might still need approval for any enabling works. For example creating a wider opening into an exempt conservatory would still need approval for the structural alteration to widen the opening.
Further information
For further guidance on getting building control approval visit the Planning Portal’s free guide.
Please Note: Every care was taken to ensure the information was correct at the time of publication. Any written guidance provided does not replace the user’s professional judgement. It is the responsibility of the dutyholder or person carrying out the work to ensure compliance with relevant building regulations or applicable technical standards.
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Comments
Trickle Ventilators
Submitted 2 years 4 months ago
LABC Response
Submitted 2 years 3 months ago
Hi,
Thank you for your question.
LABC is a membership organisation, providing advice and support to its member local authorities around England and Wales. As a result, LABC cannot comment on the application and enforcement of the Building Regulations to a particular situation as this is a matter for the local council and ultimately the courts. Any general comment or guidance we do give should not be considered as legal advice or interpretation.
Generally speaking, in most cases, background ventilators (e.g., trickle vents) will be needed when windows are replaced. However, there are a few exceptions to this rule, including when the application site is historic or listed if the works would unacceptably affect the significance of the building and/or increase the risk of long-term deterioration of the building fabric or fittings. In this situation, I would advise early engagement with both the Local Authority Listed Building Officer and Building Control Surveyor to ensure that the design of the replacement windows is agreed before ordering material and commencing works.
Thanks,
LABC
Outbuilding with plumbing and waste for sink and washing machine
Submitted 2 years 3 months ago
LABC Response
Submitted 2 years 3 months ago
We recommend that you discuss this matter with your local authority building control service at your local council, who are the enforcing authority for the building regulations. However, we would draw your attention to Regulation 9 of the building regulations, which suggests that an exempt outbuilding can remain exempt from the majority of the requirements of the building regulations, but if the supply of hot and/or cold water is shared with or located inside a dwelling, then requirements G1 and G3(2) & (3) of Schedule 1 will apply and must be complied with. Further guidance on compliance with these requirements can be found in the amended versions of Approved Document G (2015) England or Approved Document G (2010) Wales.
Kind Regards,
LABC Team
Workshop
Submitted 2 years 3 months ago
LABC Response
Submitted 2 years 3 months ago
Kind Regards,
LABC Team
Internal wall alteration
Submitted 2 years 2 months ago
Do I need building regulations approval please?
LABC Response
Submitted 2 years 2 months ago
Kind Regards,
LABC Team
Internal wall alteration
Submitted 2 years 2 months ago
Outbuilding floor area
Submitted 2 years 2 months ago
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