Building Regulations

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	Building Regulations are the construction and performance standards, which, if followed, allow a structure to be built. They are not related to the location of the structure. Building Regulations are to be considered separately from Planning Permission. It should be noted that the information given below relates only to sites in England and Wales, separate Building Regulations exists for sites in Scotland. The existence of local by-laws may also need to be considered.

A conservatory is exempt from any controls under the Building Regulations, provided that it meets the following requirements:

	The floor area is less than 30 square metres. (Schedule 2: 1992 Reg:9)

	It is built at ground level. (Schedule 2: 1992 Reg:9)

	It is glazed in accordance with the requirements of Part N of the Building Regulations.

	If the conservatory is in the proximity of a balanced flue, the Gas Safety Regulations (1984) SI/1984 No 1358 may be relevant.

	If any of these requirements are not met the Building Regulations Application will be required. In all cases however, it is sensible to check with the local authorities concerned that the proposed base and structure are adequate.

	If Building Regulations Application is required, then the Local Authority Building Control Department must be contacted. The matter will be dealt with by a Building inspector, who will:

	Check the drawings to confirm that they meet the requirements of the Building Regulations, if a full application is made.

	Inspect the Building works to ensure you are building in accordance with the Building Regulations. The Building Inspector is empowered to force work to be re-done if it is not satisfactory. This service requires a fee to be paid to cover both the submission costs and the subsequent visits of the Building Inspector.

Planning Permission

This is the decision as to whether or not you can build a particular structure in a particular place; it is not concerned with the structural details of the building but with where it is located. Planning permission is strictly needed for all development work carried out but the legislation includes a general permission for "permitted development". This means that provided the permitted development restrictions are met then there is no need for specific permission via an application for planning permission.


Planning permission will not usually be needed under the following circumstances:

	A detached or semi-detached house may be extended without planning permission (subject to the conditions below) by up to 70 cubic metres or 15% of the volume of the original house, whichever is the greater, subject to a maximum of 115 cubic metres.

	In the case of terraced houses, houses in National Parks, areas of outstanding beauty, conservation areas and other specially designated areas, the limit is reduced to 50 cubic metres, or 10% of the volume of the original house.

	The term "original house" refers to the house as it was built or, if it was built or, if it was built before the 1st July 1948, the size it was at that date. If the house has already been extended, the cubic content of those extensions must be deducted from the permitted development limits quoted above.

	Application for planning permission is required if:

	The proposed conservatory is on any wall fronting the highway. (Note: a public footpath is classed as a highway for the purposes of the legislation)

	The property is a listed building, or is in a conservation area, or the permitted development rights have been taken away

	The property is non-residential, or anything other than a single dwelling.

	The conservatory is higher than any part of the original building.

	The conservatory is greater than four metres in height.

	The conservatory is built within two metres of any boundary.

	The conservatory and other additions to the original house exceed 50% of the total area of the garden within the boundaries of the property.

	Eaves, fascias, foundations or guttering encroach over the boundaries of the property.

	A point that is often overlooked, particularly for houses built on large estates, is where the developer has inserted a covenant requiring his permission to allow further work to take place. A small fee will be charged and it is unlikely that they will refuse or prevent you building a conservatory. If the permission is not obtained it may complicate matters and hold up any legal and administration work should the occupier wish to move house in the future, to the point where it may hold up a sale. It is worth checking the deeds and consulting the developer in such cases.

	Consult the local Planning Officer for advice in all cases - local planning requirements may vary

	Note 1: Listed buildings fall under different regulations and consideration will be given to the general effect of the conservatory on the character of the house.

	Note 2: For conservation areas higher standards of style, design and visual impact will generally be applied than in normal areas.

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