The Building Regulations 2010

Regulation 9

SCHEDULE 2 E+W Exempt Buildings and Work

CLASS 1 E+W

Buildings controlled under other legislation E+W

1.  Any building in which explosives are manufactured or stored under a licence granted under the Manufacture and Storage of Explosives Regulations 2005 M1 .

Marginal Citations

M1 S.I. 2005/1082.

2.  Any building (other than a building containing a dwelling or a building used for office or canteen accommodation) erected on a site in respect of which a licence under the Nuclear Installations Act 1965 M2 is for the time being in force. E+W

Marginal Citations

M2 1965 c.57.

3.  A building included in the schedule of monuments maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979 M3 . E+W

Marginal Citations

M3 1979 c.46; section 1 was amended by Schedule 4 to the National Heritage Act 1983 (c.47).

CLASS 2 E+W

Buildings not frequented by people E+W

1.  Subject to paragraph 2, a detached building—

(a) into which people do not normally go; or

(b) into which people go only intermittently and then only for the purpose of inspecting or maintaining fixed plant or machinery.

2.  The description of buildings in paragraph 1 does not include a building where any point of the building is less than one and a half times its height from— E+W

(a) any point of a building into which people can or do normally go; or

(b) the nearest point of the boundary of the curtilage of that building,

whichever is the nearer.

CLASS 3 E+W

Greenhouses and agricultural buildings E+W

1.  Subject to paragraph 3, a greenhouse.

2.  A building used, subject to paragraph 3, for agriculture, or a building principally for the keeping of animals, provided in each case that— E+W

(a) no part of the building is used as a dwelling;

(b) no point of the building is less than one and a half times its height from any point of a building which contains sleeping accommodation; and

(c) the building is provided with a fire exit which is not more than 30 metres from any point in the building.

3.  The descriptions of buildings in paragraphs 1 and 2 do not include a greenhouse or a building used for agriculture if the principal purpose for which they are used is retailing, packing or exhibiting. E+W

4.  In paragraph 2, “ agriculture” includes horticulture, fruit growing, the growing of plants for seed and fish farming. E+W

CLASS 4 E+W

Temporary buildings E+W

A building which is not intended to remain where it is erected for more than 28 days.

CLASS 5 E+W

Ancillary buildings E+W

1.  A building on a site, being a building which is intended to be used only in connection with the disposal of buildings or building plots on that site.

2.  A building on the site of construction or civil engineering works, which is intended to be used only during the course of those works and contains no sleeping accommodation. E+W

3.  A building, other than a building containing a dwelling or used as an office or showroom, erected for use on the site of and in connection with a mine or quarry. E+W

CLASS 6 E+W

Small detached buildings E+W

1.  A detached single storey building, having a floor area which does not exceed 30m², which contains no sleeping accommodation and is a building—

(a) no point of which is less than one metre from the boundary of its curtilage; or

(b) which is constructed substantially of non-combustible material.

2.  A detached building designed and intended to shelter people from the effects of nuclear, chemical or conventional weapons, and not used for any other purpose, if— E+W

(a) its floor area does not exceed 30m²; and

(b) the excavation for the building is no closer to any exposed part of another building or structure than a distance equal to the depth of the excavation plus one metre.

3.  A detached building, having a floor area which does not exceed 15m², which contains no sleeping accommodation. E+W

CLASS 7 E+W

Extensions E+W

The extension of a building by the addition at ground level of—

(a) a conservatory, porch, covered yard or covered way; or

(b) a carport open on at least two sides;

where the floor area of that extension does not exceed 30m², provided that in the case of a conservatory or porch which is wholly or partly glazed, the glazing satisfies the requirements of [F1 Part K4, K5.1, K5.2, K5.3, and K5.4 ] of Schedule 1.

Textual Amendments

F1 Words in Sch. 2 substituted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 28, Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.)