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

Blog Post
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 5 months 2 weeks ago

Hi,

Thank you for your enquiry.

Our article confirms that as long as the detached building is single storey and is less than 30m2 internal floor area, and more than 1m away from any boundary and, as you have stated, it contains no sleeping accommodation, then it would appear to be exempt.
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.

Best,
LABC Team

Floor boards

Submitted 4 months 2 weeks ago

Hello, I am wondering if I need to seek building control approval before I remove the floorboards in my flat and replace them with updated tongue and groove 18 mm floorboards. The purpose of removing the old floor boards is because they are creaky and I would like to add some Rockwool soundproofing insulation into the cavity between joists. I will NOT be touching the joist or altering them in any way, other than to attach the new boards to them.

Thank you,

LABC Response

Submitted 3 months 2 weeks ago

Hi,

Thank you for your enquiry.

The replacement of you existing floorboards does mean that the floor is materially altered and therefore will impact fire resistance, acoustic standards, and thermal efficiency in some cases. Therefore, you should make an application for building control approval to your Local Authority for this work.

Best,
LABC Team

Drainage Works

Submitted 1 month 1 week ago

It is my understanding that ALL new drainage works require Building Regulations consent. This includes new cesspools, septic tanks or treatment plants and alterations to such systems. However your list of works requiring consent does not mention this. What is the correct situation.

LABC Response

Submitted 4 days 6 hours ago

The article you refer to relates to exempt works for detached buildings only. Where work is carried out to refurbishments, extensions or new builds then foul water drainage systems will be required and the options you have outlined for foul water disposal will be considered as part of a building regulation application to the LA or BCB.

Best,
LABC Team

Add new comment

CAPTCHA
This question is for testing whether or not you are a human visitor and to prevent automated spam submissions.

Sign up to the building bulletin newsletter

Over 48,000 construction professionals have already signed up for the LABC Building Bulletin.

Join them and receive useful tips, practical technical information and industry news by email once every 6 weeks.

Subscribe to the Building Bulletin