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

In reply to by Karen Whitewood (not verified)

LABC Response

Submitted 9 months ago

Hi,

Thank you for your enquiry.

If prior building works were carried out without Building Regulations approval at the time, you can apply for a retrospective Building Regulation application known as a Regularisation application. You will need to contact the Building Control team at your Local Authority to confirm whether one is needed for your conservatory as some Local Authorities view them as exempt building works.

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 https://www.labc.co.uk/.

Best,
LABC Team

Chimney stack removal

Submitted 9 months 1 week ago

Do you need permission to remove a non-shared chimney stack on a terraced house in the middle of two neighbours, taking the stack down to the roof line then re-tiling the area in roof where it has been removed, leaving chimney breasts in place? Both neighbours have their stacks and breasts on opposite walls.

LABC Response

Submitted 9 months ago

Hi,

Thank you for your enquiry.

The work to lower the existing chimney, trim out the new roof to align with the existing roof is a structural alteration. The work then associated with this in terms of new roof tiling and ensuring the existing internal openings to the fireplaces are capped off and any services safely made redundant ( gas safe for example) mean that you should make an application to your Local Authority where the work is being carried out.

Best,
LABC Team

Remove Internal Wall

Submitted 8 months 3 weeks ago

Hello,

We want to remove an internal wall separating the entrance hall from living room. This wall is a non load bearing wall with timber studs and plasterboard adjacent to the staircase which go upstairs. It doesn't have an impact on the fire strategy because the kitchen is separated from the living room by another wall and all windows on first floor comply with the minimum dimensions to allow escape. Do we still need to apply for building control?

Many thanks.

LABC Response

Submitted 8 months 2 weeks 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. 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

Log cabin

Submitted 6 months 4 weeks ago

Hi,

I'm looking to build a log cabin for a golf simulator and I'm struggling to find out what the regulations are. The cabin will sit within 2m of my boundary and as a rough size I'll be looking to build a cabin 3.7m x 6.5m with a height of ideally 3m. Are there any restrictions on the size or the height?It's worth noting that I could work with 2.5m eaves and 3m (or 3.5m) apex. Can you advise what's allowed please?

In reply to by Daniel Bates (not verified)

LABC Response

Submitted 6 months 2 weeks ago

Hi,

Thank you for your enquiry. We have provided some information on our Front Door website that you may find will assist with your proposals.
Will I need building regulations approval for my outbuilding?
Will I need planning permission for my outbuildings?
Please also contact your building control team, they will be happy to help. 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

to be exempt, or not to be exempt, that is the question.

Submitted 6 months ago

if I have a conservatory, or highly glazed extension which is over 30m2, I understand it will not be exempt from control...but could it still be part L exempt if it is separated from the house by an external grade door and does not have the heating system of the house extended into it?

LABC Response

Submitted 5 months 3 weeks ago

Hi,

Thank you for your enquiry.

As the conservatory is more than 30 m2 then it is controlled work and as you say becomes a glazed extension which will need to meet the energy efficiency requirements and the new thermal elements and we would refer your designer to the guidance in paragraph 10.13 of the revised Part L 2021 edition which considers the U values and areas of acceptable areas of glazing.

Best,
LABC Team

Building Regulation Approval for a site cabin/office.

Submitted 5 months 4 weeks ago

Good afternoon.
We have a large site conducts statutory checks and testing on LGV's. The site office is adjacent to a weighbridge for the LGV's and at present consists of a near end use steel container. We intend to replace the existing container with a hut/cabin from another site. Please would you be able to advise if we require Building Regulation Approval? The cabin is used purely as a site office, is not 24hrs and has no sleeping accommodation. many thanks.

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