Conservatory or extension?

[Aaron83]

Hi all,

I have a 3 bed semi which has a single storey extension (lounge) on the back behind the integral garage and a large (16x16ft) conservatory adjacent. The lounge can only be accessed by going from the kitchen via the conservatory. So it's all kind of open plan in an L-shape but can be closed off by sliding glass doors. It's an unusual set up! The conservatory has a solid wall on the right side and large windows and a sliding door on the front.
Hopefully you can see the pictures uploaded (try to ignore the mess!).

I'm wondering if this would be classed as a conservatory or an extension? And if I could replace the glass roof with a proper roof. Basically make into a proper room. It's only because it gets so hot in the summer and I'm guessing cold in the winter. However it does have underfloor heating.

I can't seem to find any information in the paperwork from solicitors about it. I know I should have enquiried before buying but was going through a crazy busy time and completely forgot.

Any opinions or guidance would be appreciated.

Cheers in advance.
Aaron.

 

[^woody^]

That conservatory is a conservatory. Changing conservatory roofs to solid insulated roofs are all the rage at the moment. Which type and method depends on how the roof can be supported, but its possible.

As soon as you take those doors off between the main house and the conservatory or have the heating working in conjunction with the main house system, then it becomes and extension, and b/regs should apply. Whilst this may only really affect you when you come to sell up, its work checking with your insurers to make sure you are correctly insured and the risk is reflected in the premium.

 

[Aaron83]

Hi Woody.

Thank you for your reply.

It has underfloor heating which is supplied by the boiler, so does that mean it does not conform with building regs?

If so, should the solicitor or surveyor looked into this?

I think it was built around 10-12 years ago.

Thanks again.

 

[^woody^]

If the heating has its own control which can switch it off from the main system, then it will conform. Normally a termostatic valve or room thermostat will meet this requirement.

 

[Aaron83]

It does have a thermostat but it doesn't seem to separate it from the rest of the CH. I always have to stat on off or 0 and control it via the lounge, however the underfloor heating still come on in the conservatory.

It's all very confusing!

 

[motorbiking]

its possible it pre-dated the requirement for door and separate heating, but looking at the pictures, I'd suggest it was built to comply.

 

[freddiemercurystwin]

https://www.labc.co.uk/sites/default/files/Solid-roof-conservatories-guide-labc_0.pdf

 

[Aaron83]

I'll have a good read of that later.

Thanks everyone for your help. Love this forum!

Maybe I need to see how the conservatory is over the winter before I anquire about spending a huge chunk of money.

Cheers again.

 

[garyo]

https://www.labc.co.uk/sites/default/files/Solid-roof-conservatories-guide-labc_0.pdf

A beautiful piece of clarity Anyone know how this is being applied on the ground - are people building brick 'orangeries' with a couple of velux's in the roof without dispute?

I'm not a lawyer, but how does this work practically when the statute law removes the glazing requirement, but then the DCLG guidance to LABC re-introduces fluffy requirements such as 'Must have a significant proportion of the roof and walls glazed (no % given)' and 'a lightweight structure comprising of predominantly glazed walls and roof'?

Do you get to enforcement and then guidance holds no weight, the law is the law?

 

[geraldthehamster]

I'll say this then go away and hide.

You open a dictionary to decide whether something is a conservatory.
If it is, you open Part L to decide whether it is an exempt conservatory.

According to the OED, the most common modern meaning of "conservatory" is:

"a living room with a glass roof and glass wall panels, often one constructed on the back or side of a house, used as a sun lounge or for growing indoor plants"

Whether glass or polycarbonate, that suggests quite clearly that a conservatory has a translucent roof.

If you have a conservatory, then you can look in Part L and see whether it is an exempt conservatory, ie less than 30 sq m, with external doors to the house, and either with no heating or a separately controlled heating system.

Quite clearly a thing can be a conservatory (dictionary) without being an exempt conservatory (Part L). A 50 sq m conservatory full of aspidistras is a conservatory, but it's not an exempt conservatory.

That seems to me where LABC are coming from and it seems perfectly clear. In theory at least.

I'll go away now.

Cheers
Richard

 

[motorbiking]

precedents. is the legal answer. when the law is open to interpretation somebody has a go, a ruling is made, possibly appealed and then the judge (s) make a binding rule for any subsequent case.

it's how most law evolves.

 

[garyo]

It's a case of degree though isn't it. A normal plastic conservatory doesn't have a translucent roof because I can't see through the glazing bars. In reality it has a 90% translucent roof, 10% opaque. That's been accepted as a conservatory through custom and practice.

I can see where the govt is coming from - from an energy point use of view there are too many of us falling for the connie brochures and p*ssing energy out of the back of our houses, so there's merit in steering the trend to something more sensible.

To my original question - what weight does DCLG guidance have in law - isn't it equivalent to an internal memo between govt departments?

(for full disclosure - I have no particular interest in this other than a fascination in how complicated and subjecting planning law is!)

 

[Nakajo]

"other than a fascination in how complicated and subjecting planning law is"

That way insanity lies.

 

[mrkjd]

Guidance is NOT law. Following guidance may be presented as compliance with law but not following guidance does not necessarily mean noncompliance. Precedence is binding. Has precedence been decided for any case in respect of this apparent lack of alignment on what LABC guidance states and what the law states?