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

LABC response

Submitted 1 year 10 months ago

Hi,

Thank you for your comment. The proposed work would be considered by the building control team at your local authority on a case-by-case basis depending upon individual circumstances and we are unable to comment on their behalf. Please contact the Building Control team at your Local Authority to discuss any project specific requirements. You can find the contact details of the relevant Building Control team by entering your postcode in the search box at the top right-hand side of our website.


Best,
LABC team

Regularisation certificate for replacement double glazing

Submitted 1 year 10 months ago

I have had some of my existing double glazing replaced with new glass units by a non-FENSA registered installer and my local Building Control say I need a Regularisation Certificate. Your website says "To apply for building regulations approval you can use a Building Notice, but the regulations don't apply if you're simply replacing the glass because a double-glazed unit has failed or because a pane has broken.". I made an application with the description of the work as "Replacement double glazing" which came back with a requirement to pay £270 to validate the application. Please clarify

LABC response

Submitted 1 year 10 months ago

Hi,

Thank for your recent question regarding the replacement of double-glazed units in existing window frames. We recommend that you discuss this matter with your local council building control department, who is the enforcing authority for Building Regulations in your area.

We are unable to comment on specific cases and we will always defer to the enforcing authority regarding the application and enforcement of the regulations. However, you might wish to discuss with the enforcing authority how your particular circumstances align with the guidance contained in Approved Document L – Volume 1: Dwellings (2021 edition) and in particular section 10 and clause 10.6.

We would always recommend that any replacement glazing be of a similar – if not better – energy efficiency and safety performance, where possible, and should never make conditions less safe or energy efficient than before the work was carried out.

Best,
LABC team

Beam replacement

Submitted 1 year 10 months ago

Have a design for replacement of steel beams in my coach house.not sure if I need building control /it's designed by a structural engineer.
Mg

LABC response

Submitted 1 year 9 months ago

Hi,

Thank you for your recent question. Any work that could affect the structural performance of a building such as the replacement of steel beams, is likely to be treated as a material alteration. A material alterations is a controlled and notifiable type of work, and about which you should inform your local council – as they will be the enforcing authority for building regulations in your area.

We recommend that you seek professional design advice from a building professional – such as your structural engineer or an architect or similar – as to how you can go about obtaining building regulations approval. Alternatively, you can contact your local councils building control team direct to discuss the matter with them.

Information contained in LABCs Front Door website (https://labcfrontdoor.co.uk/) might also be of some assistance to you.

Best,
LABC team

Conservatory Roof

Submitted 1 year 8 months ago

We are lookng to change our dated single glazed conservatory roof to a solid roof. The conservatory structure is made of wood and single glazing.

LABC response

Submitted 1 year 7 months ago

Hi,

Please contact the Building Control team at your Local Authority to discuss these project specific requirements. You can find the contact details of the relevant Building Control team by entering your postcode in the search box at the top right-hand side of our website.

Best,
LABC team

Hobby Studio

Submitted 1 year 6 months ago

Hi I am looking to build studio which will be have an internal area of 11sqm
One side will be against the house wall but the only access is from outside.
It is 0.5m from the boundary with a height of 2.2m near the boundary rising to 2.4m. It will be clad with non flammable cement board and internally plasterboard. Osb and epdm roof
All electrics will be part P compliant
Is it still classed as detached if one wall is formed by the house and therefore exempt? Thanks.

LABC Response

Submitted 1 year 6 months ago

Hi,

Thank you for your enquiry, however, the answer will be dependent upon your particular circumstances, and this is not something that LABC can help with.

LABC is a membership organisation, providing advice and support to its member local authorities across England and Wales. As a result, we cannot comment on the application and enforcement of the building regulations as this is a matter for the local council to determine and ultimately the courts to rule upon. Please discuss the details of your proposals with your professional advisors and contact the building control team at your local authority to discuss project specific requirements. You can find the contact details of the relevant Building Control team by entering your postcode in the search box at the top right-hand side of our website.

We are sorry we cannot be of further assistance, but hope you find the above to be of some help.

Best,
LABC Team

Conservatory

Submitted 1 year 5 months ago

The conservatory had planning permission in January 2006 it measures 13’8”x10’4” it was built but does not have a building certificate we purchased the property in 2007 and are now selling it do we need a building certificate is there a way round this I did email the council asking if it had a certificate they said no, can you help?

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