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Exemptions


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Exemptions

Do I need a Building Warrant?

The majority of work to a building requires a building warrant, however, this section advises what you can do without needing a building warrant. This list is not exhaustive as there are a number of other exemptions for commercial and other non-domestic properties.

Please remember the rules relating to planning approval differ from building standards. Contact us by telephone on 01738 475300 or by emailing  us at  BuildingControl@pkc.gov.uk

Definitions

Before you read about the exemptions, it is important that you read the definitions. Here is how certain buildings are defined in the building regulations

  • Carport
    A roofed building for vehicle storage, which must be fully open on at least 2 sides, except for any roof supports
  • Conservatory
    A building attached to and having an entrance from the house, which has at least three-quarters of its roof and half its external walls made of glass or other translucent material
  • Covered Area
    A roofed building, open on at least 2 sides, except for any roof supports
  • Greenhouse
    A building used mainly for growing plants, which is either detached from the house or attached, but not entered from the house
  • House
    In this part means either a detached, semi or terraced house, not a flat or a maisonette
  • Porch
    A building attached to and providing a covered entrance to a house

Exempted classes of building

If you propose to build any of the following single storey buildings, attached to or next to a house, you will not, subject to the specified conditions, require a building warrant. Separate rules apply if you stay in a flat, see below

Buildings detached from a house

  1. a garage
  2. garden hut or store
  3. a building used for keeping animals, birds or other livestock for domestic purposes
  4. a carport or a covered area
  5. a greenhouse
  6. a summerhouse
  7. a swimming pool cover
  8. an underground or substantially underground air raid shelter

Buildings attached to a house

  1. a conservatory
  2. a porch
  3. a greenhouse
  4. a carport or a covered area

Specified Conditions

The following conditions apply to both the detached and attached buildings listed above.

  1. In the case of detached buildings 1,2 and 3 above, the proposed building must be at least one metre from the boundary unless it is located more than one metre from the house. 
  2. The area of the proposed building must not exceed 30mor in the case of a porch and conservatory 8m2
  3. The proposed building must not contain a flue or a combustion appliance i.e. a stove, boiler, etc.
  4. The proposed building must not contain sanitary accommodation i.e. bathroom, shower-room, wc, etc.
  5. In the case of a porch or a conservatory, it must be at least one metre from the boundary
  6. If the building is over 8m2, it must be constructed to comply with the building regulations 

Buildings detached from but within the curtilage of a flat or maisonette

If you propose to build any single storey building, next to a flat or maisonette, you will not, subject to the specified conditions, require a building warrant.

  1. The building must not have an area of more than 30m2
  2. The building must be at least 3m from the flat or maisonette or any other part of the building containing the flat or maisonette
  3. The proposed building must not contain a flue or a combustion appliance i.e. a stove, boiler, etc.
  4. The proposed building must not contain sanitary accommodation i.e. bathroom, shower-room, wc, etc.
  5. If the building is in excess of 8m2, it must be constructed to comply with the building regulations 

Internal Alterations to HOUSES

A building warrant is not required for alterations within a house (not a flat or maisonette) subject to the following conditions:

  1. The floor area of the house is not increased
  2. There must be no alteration to an external wall, a separating wall, a loadbearing wall, the roof or any other element of structure
  3. The alterations must not afffect the wastewater drainage system of the house
  4. The exemption does not apply to alterations to a 3 (or more) storey house or that will result in the formation of a 3 (or more) storey house.

A leaflet providing more information is available from our offices

Other General Exemptions

You do not require a building warrant to build 

  • A wall, provided it is not more than 1.2 metres in height
  • A fence, provided it is not greater than 2 metres in height
  • General repair work to replace, by material of the same general type, defective render, cladding linings or coverings or involving the replacement of a fixture or appliance, by another of the same general type
  • Fitting a stairlift within a dwelling

Last updated | 16/09/2008

 

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