Exempt Buildings and Work

Before making a Building Regulations application, it is advisable to check whether you actually need to make one. The Regulations exempt certain types of buildings, and these exemptions are as follows: -

CLASS 1

Buildings not frequented by people

A detached building:-

Into which people do not normally go; or

Into which people go only intermittently and then only for the purpose of inspecting or maintaining fixed plant or machinery,

Unless any point of such a building is less than one-and-a-half-times its height from:-

Any point of a building into which people can or do normally go; or
The nearest point of the boundary of the curtilage of that building, whichever is the nearer.

CLASS 2

Greenhouses and agricultural buildings

Subject to paragraph 3, a greenhouse.
A building used, subject to paragraph 3, for agriculture, or a building principally for the keeping of animals, provided in each case that:-
(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.
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.
In paragraph 2, "agriculture" includes horticulture, fruit growing, the growing of plants for seed and fish farming.

CLASS 3

Temporary buildings

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

CLASS 4

Ancillary buildings

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

CLASS 5

Small detached buildings

A detached single storey building, having a floor area which does not exceed 30 square metres, 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.
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:-
(a) Its floor area does not exceed 30 square metres; 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.
A detached building, having a floor area which does not exceed 10 square metres, which contains no sleeping accommodation.

CLASS 6

Extensions

The extension of a dwelling by the addition at ground level of-

(a) A conservatory, sun room, 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 15 square metres and no point of which is less than one metre from the boundary of its curtilage, provided:

That in the case of a conservatory, sun room or porch which is wholly or partly glazed satisfies the requirements of Part L1 and Part N of Schedule 1, and
Maximum span of roof members between end supports not exceeding 4 meters and access to roof is for purpose maintenance and repairs only.

Exclusion

Proposed building work which involves building over or within 3 metres of public sewer or private drainage serving more than on building is not exempt from these Regulations.

NOTE

"Conservatory" means a single-storey part of a building which has not less than three-quarters of the area of roof and not less than one-half of the area of walls made of translucent material;

"Porch" means a single-storey part of a building which is built to protect any external door into a building from elements of weather and does not contain sanitary or washing facilities;

"Sun room" means a single-storey part of a building which has not less than one-half of the area of walls made of translucent material;

Conservatory, Porch or Sun room

When a conservatory, porch or sun room is attached to and built as part of a new dwelling:
a) Where there is no separation between the conservatory, porch or sun room and the dwelling, the extension should be treated as an integral part of the dwelling;
b) Where there is separation between the conservatory, porch or sun room and the dwelling, energy savings can be achieved if the extension is not heated. If fixed heating installations are proposed, however, they should have their own separate temperature and on/off controls.
When a conservatory, porch or sun room is attached to an existing dwelling and an opening is enlarged or newly created as a material alternation, reasonable provision should be made to enable the heat loss from the dwelling to be limited. Ways of meeting the requirement would be:
a) To retain the existing separation where the opening is not to be enlarged; or
b) To provide separation as or equivalent to windows and doors having the average U-value given in L1 (table 1) where the opening is to be newly created or enlarged.
For the purposes of satisfying the requirements for the conservation of fuel and power, separation between a dwelling and a conservatory, porch or sun room means:
a) Separating walls and floors insulated to at least the same degree as the exposed walls and floors;
b) Separating windows and doors with the same U-value and draught-stripping provisions as the exposed windows and doors elsewhere in the dwelling.

Attention is drawn to the safety requirements of Part N of the Building Regulations regarding conservatory/porch glazing.

CLASS 7

Alterations

The installation of-

: (a) a window, roof light, roof window, door (being a door which together with its frame has more than 50 percent of its internal face area glazed), or

: (b) a space heating or hot water service boiler or a hot water vessel, provided that it satisfies the requirement of Part L1 of Schedule 1 in connection with an existing dwelling.

For comprehensive advice on exemptions and what requires Building Regulations approval, contact the Departments Building Control Section, or the 3 other Building Authorities on the Isle of Man. For more contact information visit Contact section

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