Is this a conservatory or extension?

[geraldthehamster]

Any local authority that tells you this can be safely ignored. If thermally separated it is exempt (up to 30m²) if not it is an extension. Area of glass is only relevant if it is not exempt - i.e. if it is an extension.

It's all very well for us to say how we think the rules should be interpreted, but many councils take a different view, and have the powers to take legal enforcement action - this can not be safely ignored at all.

Rather than taking advice from an internet forum, anyone is better advised to ring their council and ask them. I see the OP has done this, and good luck to him for getting the right answer. That's not the answer my local authority gave.

Cheers
Richard

 

[jeds]

How would an LA enforce something that is exempt from the regulation. It makes no sense. Invite them to take whatever action they consider necessary. They'll look closer and realise their error.

 

[freddiemercurystwin]

Rather than taking advice from an internet forum, anyone is better advised to ring their council and ask them.

This is exactly how we established the classification in the other thread, by me establishing the criteria with Head of my local BC.

 

[tony1851]

Porch, anyone?

 

[geraldthehamster]

How would an LA enforce something that is exempt from the regulation. It makes no sense. Invite them to take whatever action they consider necessary. They'll look closer and realise their error.

They'll do nothing of the kind. Our local authority said in an email: "In the absence of government defining what a conservatory is (or is not) we will continue to use this guidance note [LABC]" .

The approved document states when a conservatory is exempt (thermal separation, not more than 30m2), and LABC takes a position on what a conservatory is, in the first place; rather than defining it by the use it's put to, they define it in terms of its glazing:

"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 [...] In the interest of national consistency of interpretation, the guidance on levels of glazing contained in the superseded Approved Document L1B 2006 still gives a valid basis for a decision."

This is one of the many links where you can read the LABC guidance:

www.tameside.gov.uk/buildingcontrol/guidancenotes/labc5.pdf

You and I both disagree with this interpretation. However, it's not nonsensical, and it is *no* use our saying this guidance is wrong, or unnecessary, when so many councils are following it. The only way to settle the issue, as far as I can see, is by someone making a successful appeal against an enforcement notice.

Cheers
Richard

 

[Sooboo]

Seems as if I've started a slight debate! Maybe everyone should move to Within Dover DC, I quickly described what I wanted to do and the reply was instant - I don't need any permission, glass or otherwise!

 

[geraldthehamster]

Rather than taking advice from an internet forum, anyone is better advised to ring their council and ask them.

This is exactly how we established the classification in the other thread, by me establishing the criteria with Head of my local BC.

I remember. That illustrates that local authorities aren't being consistent, despite LABC's attempt to promote consistency. All the more reason to get the answer (anonymously if necessary) from your local authority, and not drop yourself in it by relying on us on the internet.

Cheers
Richard

 

[luisdesign]

Hi Guy
Thanks for all your help and advice but earlier today I phoned both planning and building dept of my local council which is Dover. They say as long as it is 4x3m accessed through the kitchen back door, which it will be, then I have no need for either departments permission. This is even though I want to build brick on either side. It appears as long as it is kept within the size limits and heating limits then it can be built of anything! She did say that the new building regs say I can increase out to 4m but if so the council will inform my neighbours to see if they object were as at the standard size I can do what I want. They also have forms that can be stamped as accepted which will stop any problems if I come to sell. Hope this clarifys the point with everyone.
Thanks again, good to know that so many people are on the ball and helpful.
Sue

Hi again, im not quite sure who gave you this info at the council but something is wrong with it for sure.

The current building regs rules dont permit extension lengths to 4m. Indeed they make no reference to what you can or cannot be allowed to build, only how you go about building it. The building control department will only deal with the nuts and bolts of building so, whilst they will have the authority on whether what you want to do is a conservatory or ot, they will have only limited knowledge of whether it needs planning permission. That is the job of a completely different department.

Some properties have permitted development which is a planning area that allows you to extend 3m or 4m (depending on house type). There are however new permitted development rules, however this permit extensions up to 6m or 8m (depending on house type)... Not limited to 4m (unless this is the limit imposed by the size of your garden). And what it seems like you havent been told is that if you want to build up to 6m or 8m then you need to apply to the planning dept.

Also of note is that the only way to prove that your additions are lawful in terms of pd are to apply for a certificate from the planning department. This certificate will be critical if anyone makes a complaint about work and of course when you come to sell the property. You should also check with you house insurer and mortgage lender that they do not want this certificate.


In sort, i think you may have spoken to a building control officer about everything, but you need to speak with a planning officer too.

 

[jeds]

I don't need any permission, glass or otherwise!

Glass or otherwise is exactly right. Glass is only relevant if it is not exempt. If it is exempt it matters not how much glass you have. It is also correct that you should not blindly follow what you read on an internet forum. But part of the purpose of the forum is to allow people to research and question what they are told by so called authorities. In this case the authority is talking crap. Which unfortunately is not that unusual.