How to get it right: Building control exemptions (or when you DON'T need building regulations approval)

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Exempt sign image - building control exemptions - when you don't need building control 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.

Comments

Trickle Ventilators

Submitted 2 years 4 months ago

i have a Grade 2 Listed building and will be replacing some wooden windows - do i need to have trickle ventilators fitted to these windows

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

If building an garden room / outbuilding which would otherwise be exempt from building regs due to being less than 15m2 and not habitable, does the exemption still apply if plumbing is added for a sink and washing machine?

LABC Response

Submitted 2 years 3 months ago

Thank you for your recent question relating the application of the building regulations to an exempt outbuilding, where water might be supplied to it.
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

Hi, we are building a shed/workshop, it is within 1m of the boundary but the floor area is 25m2 and the roof height is 2.4m. Do we need building regs?

In reply to by Jo (not verified)

LABC Response

Submitted 2 years 3 months ago

Thank you for your enquiry. I would clarify that a 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 if closer than 1m from the boundary the building needs to be constructed of non-combustible materials to be exempt.

Kind Regards,
LABC Team

Internal wall alteration

Submitted 2 years 2 months ago

I have a through lounge/ dining room with a 200cm opening. The opening is supported with steel overhead supported on 100mm solid Thermolite wall at each end. The overall width of the wall is 155mm when taking account of the plasterboard affixed by dot and dab. I want to reduce the opening to 100cm. Lounge and dining room both have french doors to garden. Lounge also has door to hallway. Dining room also has opening to kitchen which has an opening window to street. Two storey end terraced house.
Do I need building regulations approval please?

LABC Response

Submitted 2 years 2 months ago

Thank you for your enquiry, it appears that there are no structural alterations taking place in which case you would not need a building regulation application. It also appears from what you state that the exits to the adjacent rooms are not affected. I would add that it would not be possible to give that assurance without seeing the property or any drawings showing the layout. Therefore if the removal of the wall alters the fire safety requirements of the building regulations then you will need to make an application to the LABC team where you live and as such you will need to double check this with your LABC team.

Kind Regards,
LABC Team

Internal wall alteration

Submitted 2 years 2 months ago

Thank you.

Outbuilding floor area

Submitted 2 years 2 months ago

Please can you clarify what 30m2 floor area include the external walls and plaster boards?

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