Exemptions

IS THERE ANY WORK THAT IS EXEMPTED FROM THE REQUIREMENT TO OBTAIN PLANNING PERMSSION

Some development is classified as ‘permitted development’ and this is examined in the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 and subsequent amendments.

‘Permitted development’ is development for which no formal planning application is required.

The main classes of permitted development include some development within the curtilage of a dwelling house (Part 1); Sundry Minor Operations (Part 2); and Changes of Use (Part 3). Note that the definition of a dwelling house does not include a flat.

The rules about changes made to a dwelling house or other property which is listed or within a Conservation Area are more stringent.

We would recommend advice is sought from your local authority planning office if you have any doubts as to whether planning permission is required.

IS THERE ANY BUILDING WORK THAT IS EXEMPTED FROM THE REQUIREMENTS OF THE BUILDING (SCOTLAND) REGULATIONS 2004?

Certain broad categories of buildings are exempt, and the full list is included in schedule 1 in section 0 of the Technical Handbooks. If you are not sure, you should seek advice from your local authorities building control department. The following is a summarised section covering small scale buildings and building work associated with house, flats or maisonettes that are exempt from the building regulations.

a) A detached single-storey building, with a floor area not more than 8 m2, ancillary to and within the curtilage of a house, that:

• is more than 1 m from the house unless it is at least 1 m from any boundary,
• does not contain sleeping accommodation,
• does not contain a flue, fixed solid fuel, oil or gas appliance installation or a sanitary facility;

b) A detached single-storey building, with a floor area not more than 8 m2, ancillary to and within the curtilage of a flat or maisonette that:

• is more than 3 m from the flat or maisonette or any other part of a building containing a flat or maisonette,
• does not contain a flue, fixed solid fuel, oil or gas appliance installation, or a sanitary facility;

c) A single-storey conservatory or porch with a floor area of not more than 8 m2 that is attached to an existing house, and:

• is more than 1 m from a boundary,
• does not contain a fixed solid fuel, oil or gas appliance installation, or a sanitary facility,
• meets the regulations on safety glazing;

d) A single-storey greenhouse, carport or covered area each with a floor area not more than 30 m2 that is detached or attached to and existing house and:

• does not contain a fixed solid fuel, oil or gas appliance installation or part,
• does not contain a sanitary facility;

e) A paved area or hardstanding not more than 200 m2 in area that:

• is not part of any access route required by the regulations.
  

IS THERE ANY TYPE OF BUILDING WORK THAT DOES NOT NEED A WARRANT?

Provided that the regulations are complied with, the following building work does not require a warrant (the full list is in schedule 3 in section 0 of the Technical Handbook):

• Any building work to or in a house, that does not involve: the increase of floor area, demolition or alteration of roof, external wall, loadbearing structure, adversely affecting a separating wall, or change in the method of wastewater disposal. Any work to a house having a storey, or creating a storey, at a height of more than 4.5 metres.
  For example: the alteration and refit of a kitchen or bathroom.

• A detached single-storey building having an area exceeding 8 square metres but not exceeding 30 square metres, ancillary to and within the curtilage of a house, that does not involve: a building within 1 metre of the house unless it is at least 1 metre from any boundary. A building containing a fixed combustion appliance or sanitary facility.
  This could allow for example: the construction of a detached shed, detached carport, or detached garage.

• A detached single-storey building having an area exceeding 8 square metres but not exceeding 30 square metres, ancillary to and within the curtilage of a flat or maisonette that does not involve: a building within 3 metres of the flat or maisonette or within 3 metres of any other part of the building containing the flat or maisonette. A building containing a fixed combustion appliance or sanitary facility.
  For example: the construction or installation of a detached conservatory, detached carport, or detached garage.
  
• Any building work associated with a domestic scale combustion appliance or other part of a heating installation that does not include work associated with a chimney, flue pipe or hearth.
  For example the replacement of an oil or gas fuelled combustion appliance.
  
• Any building work associated with a balanced flue serving a room- sealed appliance that does not include: work associated with a balanced flue that passes through combustible material.
  
• Any building work associated with the installation of a flue liner.
  
• Any building work associated with refillable liquefied petroleum gas storage cylinders supplying, via a fixed pipework installation, combustion appliances use principally for providing space heating, water heating, or cooking facilities.
  
• Other minor work such as the provision of a single sanitary facility, installation of an extractor fan or installation of a stairlift in a dwelling.
  
• Additional insulation (other than insulation applied to the outer surface of an external wall), the construction of walls not exceeding 1.2 metres in height, fences not exceeding 2.0 metres in height, raised external decking at a height of no more than 1.2 metres, and paved areas not exceeding 200 square metres in area.
  
• Replacement doors, windows, and rooflights.

The following work also does not require a warrant provided that the existing standard is maintained. In other words the replacement or repair work does not make the service fitting or equipment worse than it was before:

Work associated with the replacement of a fixture, material or equipment by another of the same general type, including a sanitary appliance or sink and branch soil or waste pipe, rainwater gutter or downpipe, solid fuel combustion appliance, electrical fixture, ventilation fan, chimney or flue outlet fitting or terminal, solid waste chute or container, kitchen fitments or other fitted furniture, ironmongery, flooring, lining, cladding, and covering or rendering either internally or externally. The repair to a door, window or rooflight, including glazing.