Building Regs Classification of a Conservatory

Thanks all as to responses to the original question although I fear we're not much further forward. jeds I know what you're saying but there's many a council website across the land who seem to take a similar viewpoint seemingly saying that it would not be exempt eg

http://www.roofwright.com/news/rps-...g-regulations-for-conservatories-been-relaxed
http://www.boroughofpoole.com/go.php?structureID=U46386832736b2&ref=S464982B559851
http://www.leeds.gov.uk/Housing/Building_control/Exempt_buildings.aspx
http://www.canterbury.gov.uk/main.cfm?objectid=161

I will be interested to see what my BC officers tell me when they wake up.

But what is clear is that there is plenty of confusion on the issue
 
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Or... just let your client proceed and see if he gets picked up on it in the future :)
 
Ahh, well its slightly more complicated DD. I occasionally work as a subby for a surveying company by doing their planning/regs drawings. They've appointed me to do the regs on an extension and various other bits and bobs on a property. One aspect is a trad built 'conservatory' with a terrace on top. Surveying company think they can class it as a cons although only after I suggested they may need SAP calcs on account of the glass area. They also think they can just bolt a handrail to the brickwork and that'll be that! Oh well, we'll see .....
 
My BCO emailed me this morning...

Application of Part L to Conservatories

attached to existing dwellings


Introduction

The introduction of the new Part L has caused

Building Control Bodies and industry difficulties

in deciding what constitutes a conservatory in

order to be exempt from making a Building

Regulations application. The definition of a

conservatory previously contained in AD L1B of

the April 2006 edition is no longer included in the

2010 Approved Document.

This best practice note is intended to provide

guidance that will promote a consistent

approach to defining what a conservatory is, for

the purposes of being considered exempt from

the need to make a Building Regulations

application.

What is a conservatory?

To establish whether the conservatory extension is

mainly exempt, we must look to Class 7

of Schedule 2 to the Building Regulations 2010.

This tells us that in order to be exempt it must:

• be at ground level

• not exceed 30m2 floor area

• be thermally separated from the building it is

attached to

• have an independent heating system from the

main building

• have glazing meeting Part N in critical zones.

The question now arises as to what constitutes

a conservatory as opposed to any other type of

extension.

In the absence of a specific definition in the

Building Regulations of a conservatory, reference

can be made to dictionary definitions which give a

variety of options as to the description and

purpose of a conservatory.

A common factor in many descriptions is of a

glazed structure often used for growing plants,

and sometimes reference is made to it being an

extension, but there is no indication as to the

amount of glazing that should exist for the

structure to be considered as a conservatory. It

must also be borne in mind that at no point do the

regulations stipulate what the space should be

used for, albeit various uses are suggested in

dictionary descriptions.

In the vast majority of situations these structures

are built as a form of living extension to homes,

with in many instances ancillary heating provided

for those times when it is occupied.

In the interest of national consistency of

interpretation, the guidance on levels of glazing

contained in the superseded Approved Document

L1B 2006 still gives a valid basis for a decision. In

other words an ‘exempt conservatory’ should:

• have at least 50% of external wall area formed

from translucent materials (not including walls

within 1 metre of boundary*)

• have at least 75% of roof area formed from

translucent materials

• be at ground level

• be effectively thermally separated** from the

main part of the dwelling.

But after establishing a fit with the exempt criteria

of Schedule 2 class 7 it must be remembered that

Regulation 9 still enables control under

Requirement P1 (electrical safety), G1 (cold water

supply) and G3(2) and (3) (hot water systems)

if they are applicable.

Approved Document L1B

The exemption status for conservatories is slightly

complicated by virtue of Paragraph 3.16 of

Approved Document L1B which removes

exemption if the heating system of the dwelling is

extended into the conservatory.

www.labc.uk.com

LABC represents Local Authority Building Control in England and Wales.

The removal of such exemption should only apply

control in relation to requirement L1 –

Conservation of fuel and power. In this way an

owner would be required to submit a Building

Regulation application but control would be

restricted to demonstrating compliance with

Part L only.

In such cases the extent of control will depend on

whether the conservatory’s heating system has

independent temperature and on/off controls***.

If it has, there is no limit on the area of glazing, but

all glazed and solid elements should meet the

thermal performance specified in Tables 1 and 2 to

L1B and the heating system should comply with

the Domestic Services Compliance Guide 2010.

If independent control is not provided then the

limits on glazed area in L1B section 4 apply in

addition to the above.

Conclusion

Legislation and guidance on this subject leaves

room for interpretation, hence a potential for

variance in application between local authorities

around the country can arise.

Adoption of this guidance will serve to promote a

consistent approach when dealing with

conservatories, this being in our own interests and

most importantly those of our customers.

Definition of conservatory

It is proposed the use to which a conservatory is

put is the choice of the occupier, with the proviso

that should any fitting or controlled service be

installed the definition may well change.

Permitted areas of glazing

The permitted area of glazing to roofs and external

walls is as described above.

Notes

* There is a potential for excessive

unprotected areas where external walls are

in a boundary situation. Consideration for

fire safety as opposed to the need to meet a

specified level of glazing should form part of

the assessment in relation to the permitted

area of glazing in the external walls of a

conservatory. It is considered that where

external walls to conservatories are within

1 metre of an adjacent boundary it is more

important to achieve reasonable fire

separation than to insist upon a minimum

level of glazing in such a wall simply to assist

achieving exemption status.

** Effective thermal separation means that

walls, doors and windows between the

dwelling and the extension are insulated and

draft proofed to at least the same extent as

the existing dwelling’s external elements.

***Independent temperature and on off

control could typically be achieved using

thermostatic radiator valves within the

conservatory.

www.labc.uk.com

LABC represents Local Authority Building Control in England and Wales.

Reference code 0001-05-2011
...which is basically this...

http://renegadeconservatoryguy.co.uk/best-practice-application-of-building-regulations/

Also refer to...

http://www.communities.gov.uk/documents/planningandbuilding/pdf/1728453.pdf (Page 12, C24-C25)
 
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Did the 'old' 50% glazing rule apply to each wall, or just total area? I liked the idea of some sort of conservatory/extension with brick sides but full length glass panels at the front.

Does this now in effect mean that you could build a brick extension without building regulations approval, and then theoretically 'upgrade' it later and get retrospective approval? Something you'd struggle to do with a mostly glass conservatory.

Don't worry, I'm not altogether sure why I'd want to do that either yet lol :LOL: .
 
PartL1b is pretty clear to me. The legal change is listed under main changes and 3.15 gives the criteria for a conservatory or a porch - i.e. they are exactly the same. So if it's a conservatory the rule applies and if it's not a conservatory it is a porch and exactly the same rule applies. And the rules are as previously listed. I can't really see what more there is to know?

The first half of DDs BCO email says exactly this and the rest is typical BC waffle. The position is exactly the same as it's always been for porches - the requirement for safety glazing has always applied but you do not have to make an application. All they have done is brought conservatories under the same rule - which seems sensible to me.
 
Did the 'old' 50% glazing rule apply to each wall, or just total area? I liked the idea of some sort of conservatory/extension with brick sides but full length glass panels at the front.

Does this now in effect mean that you could build a brick extension without building regulations approval, and then theoretically 'upgrade' it later and get retrospective approval? Something you'd struggle to do with a mostly glass conservatory.

Don't worry, I'm not altogether sure why I'd want to do that either yet lol :LOL: .

You can build an extension from 100% glass if you want to. You just have to justify the increased glazed area in a SAP calulation. Under current regs you can build a brick extension or a part brick/part glazed extension or a glazed extension without builduing regs as long as you don't knock though to the main house or extend the heating system into the extension. If you do either of those it then falls under regs and you will have to either stay within the glazing restriction or else justify increased glazing with a SAP calc.
 
OK, after some chitchat back and forth with the three most senior employees of my local BC the situation is apparently now clear (at least today and from my local authority :LOL:).

It is all taken care of within Part L1B Existing Dwellings, no need of any special notes or other LABC blurb. http://www.planningportal.gov.uk/uploads/br/BR_PDF_ADL1B_2010.pdf

If the conservatory complies with 3.15 (and 3.16) it will be exempt from the regs no matter how much or little of its roof or walls are glazed. Building such a conservatory is not notifiable.

If it does not comply with 3.15 it must comply with 4.8, there is no limit on how much or little of its roof or walls are glazed. Whilst it must comply with the regulations stipulated within 4.8 building such a conservatory is not notifiable.

If it does not comply with the above it is not exempt from Building Regulations Approval and to become a lawful development Building Regulations Approval from the LA or an Approved Inspector is required.
 
Yes even the Planning Portal carries a disclaimer on every page:

Disclaimer

This is an introductory guide and is not a definitive source of legal information. Read the full disclaimer here.
 
Having spoken to Building control for Wolverhampton they stated the following, as soon as you change the construction of the roof from 75% translucent material to tiled for example it falls under building regulation control for the whole build. As it changes the conservatory into an extension regardless of the fact it is thermally seperated from the main dwelling with seperate heating supply.
Apparently thats a building notice at a cost of £558.45.
Anyway of supplying information to them to contradict that would be grateful guys.
 
Its all in my post:
OK, after some chitchat back and forth with the three most senior employees of my local BC the situation is apparently now clear (at least today and from my local authority :LOL:).

It is all taken care of within Part L1B Existing Dwellings, no need of any special notes or other LABC blurb. http://www.planningportal.gov.uk/uploads/br/BR_PDF_ADL1B_2010.pdf

If the conservatory complies with 3.15 (and 3.16) it will be exempt from the regs no matter how much or little of its roof or walls are glazed. Building such a conservatory is not notifiable.

If it does not comply with 3.15 it must comply with 4.8, there is no limit on how much or little of its roof or walls are glazed. Whilst it must comply with the regulations stipulated within 4.8 building such a conservatory is not notifiable.

If it does not comply with the above it is not exempt from Building Regulations Approval and to become a lawful development Building Regulations Approval from the LA or an Approved Inspector is required.
 

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