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Regulation 9

SCHEDULE 2E+WExempt Buildings and Work

CLASS 1 E+W

Buildings controlled under other legislationE+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

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

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

M31979 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 peopleE+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 buildingsE+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 buildingsE+W

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

CLASS 5 E+W

Ancillary buildingsE+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 buildingsE+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

ExtensionsE+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 Part N of Schedule 1.