Building Regs Classification of a Conservatory

I have a client who thinks he can class his extension as a conservatory and avoid Building regs on it. It has a flat non glazed roof and a few windows dotted round its perimeter. I understand under The Regs that to be exempt from them it must be as follows (amongst others):

a) The extension has a completely transparent or translucent roof.

b) The extension walls are substantially glazed. Must have at least half the area of the walls formed of windows. Must have at least three quarters of the area of the roof formed of glazing, polycarbonate sheets or similar translucent material.

Where can I find a link to the offical blurb I can link to? I've had a look through here: http://www.legislation.gov.uk/uksi/1991/2768/contents/made but its not there (I expected it to be under the exemptions). So where is it?

 

The definition used to be in AD L (2006)...

http://www.planningportal.gov.uk/uploads/br/BR_PDF_ADL1B_2006.pdf (p25)

 

That's right, however that is not current legislation, the 2010 version AFAIK does not seem to contain this definition. Any ideas?

 

I’ve also tried to find this in the 2010 version in the past but without success. Not sure where that leaves it but practically every manufacturer’s cons guide you care to look at still refers to it as a requirement. Perhaps the glazing bit for walls & roofs is no longer a requirement; so does that mean your man is right & we can now have a cons. with solid walls & roof

One apparent change seems to be that teeing off the main heating system is no longer allowed even if fitted with independent controls & isolation.

 

I've just emailed a BCO I use a lot. Will see what he says.

 

Haha, me too!

 

I believe the old definition of a conservatory no longer exists. Conservatories are now the same as a porch. The only criteria to be applied is that the original doors and windows must remain in place and the main heating system must not be extended into the 'porch'. If either of the above applies then it would become an extension. Far more sensible in my opninion.

So I would say your client is right. He can call his thing with hardly any windows a conservatory if he wants to.

 

My BCO has referred me to this...

http://www.scribd.com/doc/39531113/Building-Regs-Manual

...which he says hasn't been updated or withdrawn.

Flick to page 87...

 

H'mm I'm not convinced DD, this document and the extract you highlight refers to the 2002 addition of L1 that is no longer used! How would that stand up if challenged? Ask you're friendly BC officer that one, mine have all gone to sleep!

 

The 2010 document supercedes the 2000 one.

 

The definition (area of glass) has been removed, and now the definition on what a "conservatory" is will be on its intended use, or based on a standard dictionary definition.

It used to be a room for growing plants, but in modern times is more of a sun-lounge. Either way, this would require substantive areas of glass/polycarb in the roof and walls.

I doubt that anyone could argue that three-sided solid walls and a single door, and a tiled roof would be suitable for growing plants or for sun-lounging in and so would not be a conservatory in the accepted sense of the word, and would therefore be more like an extension

As the latest regs are fairly new, I can't find any legal challenges on what a conservatory is, so until there are, it will be open to interpretation

But it is good that FMT has bought this up, as it is one of those things that has slipped in (or should that be out) unnoticed

 

Looks like your client might well be a test case if he’s a mind to push it!

 

The old exemption for conservatories no longer applies so whether he calls it a conservatory or a porch makes no difference. The current Part L is only concerned with separation from the main house and heating. If it is separated and no heating it does not require building regs. If he knocks it through or wants heating it is an extension and regs apply. So if he wants to call it a conservatory let him do so. It doesn't gain him anything either way.

 

When this came up a few months ago I checked the 2010 edition L1B; my understanding is that although you’re no longer allowed to “tee off” the main system as before, you can still have heating as long as it’s a totally separate system; although I really can’t see the logic of that

That’s’ also when I discovered that the glazing stipulation seemed to have disappeared.

 

I think that's correct richard. The paragraph refers to extending the main heating system into the porch or conservatory. It says nothing either way about independant heating. I read that to mean there's nothing stopping you having some form of heating as long as it isn't off the main system.