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Exempted buildings and services, fittings and equipment

A technical description of the exempted buildings and services, fittings and equipment is listed below. If you require further information or help, please contact us:

  • Building Standards Team
    Planning and Sustainable Development
    Business Hub 4
    Marischal College
    Broad Street
    Aberdeen
    AB10 1AB
    Phone: 01224 523470
    Email: pi@aberdeencity.gov.uk

Schedule 1: Exempted buildings and services, fittings and equipment

Type Description

Exception

Buildings or work controlled by other legislation.

1. A detached building the construction of which is subject to regulations made under the Explosives Act 1965.

2. A building erected on a site which is subject to licensing under the Nuclear Inspections Act 1965.

3. A building included in the schedule of monuments maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979.

 

A dwelling, residential building, office, canteen or visitor centre.

 

A dwelling or residential building.

Protective works.

4. Protective works subject to control by Regulation 13.

Buildings or work not frequented by people.

5. A building into which people cannot or do not normally go.

 

6. Detached fixed plant or machinery or a detached building housing only fixed plant or machinery.

A building within 6 metres or the people equivalent of its height (whichever is the less) of the boundary. A wall or fence. A tank, cable, sewer, drain or other pipe above or below ground for which there is a requirement in these regulations.

A building within 1 metre of boundary.

Agricultural and related buildings.

7. An agricultural greenhouse or other building of mainly translucent material used mainly for commercial growing of plants.

8. A single-storey detached building used for any other forms of agriculture, fish farming or forestry.

A building used to any extent for retailing (including storage of goods for retailing) or exhibiting.

 

A building used to extent for retailing (including storage for retailing) or exhibiting. A building exceeding 280 square metres in area. A building within 6 metres or the equivalent of its height (whichever is the less) of a boundary. A dwelling, residential building, office, canteen or visitor centre. A dungstead or farm effluent tank.

Works of civil engineering construction.

9. A work of civil engineering construction including a dock, wharf, harbour, pier, quay, sea defence work, lighthouse, embankment, river work, dam, bridge, tunnel, filter station or bed, inland navigation, reservoir, water works, pipe line, sewage treatment works, gas holder or main, electricity supply line and supports, any bridge embankment or other support to railway lines and any signalling or power lines and supports, and a fire practice tower.

A bridge or tunnel forming part of an escape route or an access route provided to meet a requirement of these regulations. A private sewage treatment works provided to meet a requirement of these regulations.

Buildings of a specialised nature.

10. A building essential for the operation of a railway including a locomotive or carriage shed, or the operation of any other work of civil engineering contained in type 9 and erected within the curtilage of such a railway or work.

11. single-storey detached road or rail passenger shelter or a telephone kiosk which in so far as it is glazed complies with the requirements of regulation 9 and paragraph 4.8 of Schedule 5

12. A caravan or mobile home within the meaning of the Caravan Sites and Control of Development Act 1960, or tent, van or shed within the meaning of section 73 of the Public Health (Scotland) Act 1897.

A signalling and control centre for a railway or dock. A building to which the public is admitted, not being a building exempted by type 11 of this schedule. A dwelling, residential building, office, canteen or warehouse.

 

A building having a floor area exceeding 30 square metres. A building containing a fixed combustion appliance installation.

 

Any wastewater disposal system serving a building of this type.

Small buildings.

13. A detached single-storey building having an area not exceeding 8 square metres.

A dwelling or residential building. A building ancillary to and within the curtilage of a dwelling. A building within 1 metre of a boundary. A building containing a fixed combustion appliance installation or sanitary facility, wall or fence.

Construction and development buildings.

14. A building used only by people engaged in the construction, demolition or repair of any building or structure during the course of the work.

15. A building used in connection with the letting or sale of any building under construction until such time as the letting or sale of all related buildings is completed.

A building containing sleeping accommodation.

 

A building containing sleeping accommodation.

Temporary buildings.

16. A building which, during any period of 12 months, is either erected or used on a site - (a) for a period not exceeding 28 consecutive days; or (b) for a number of days not exceeding 60, and any alterations to such buildings.

Buildings ancillary to houses.

17. A detached single-storey building ancillary to and within the curtilage of a house.

 

18. A single-storey building attached to an existing house, which is ancillary to the house and consists of a conservatory or porch which insofar as it is glazed complies with the requirements of regulation 9 and paragraph 4.8 of Schedule 5.

19. Any single-storey building which is detached, or is attached to an existing house and which is ancillary to the house and consists of a greenhouse, carport or covered area.

A building exceeding 8 square metres in area. A building within 1 metre of the house unless it is at least 1 metre from any boundary.

A building containing sleeping accommodation. A building containing a flue, a fixed combustion appliance installation or sanitary facility. A building within 1 metre of a boundary.

A building exceeding 8 square metres in area. A building containing a flue, a fixed combustion appliance installation or sanitary facility. A building within 1 metre of a boundary.

 

A building exceeding 30 square metres in area. A building containing a flue, a fixed combustion appliance or sanitary facility.

Buildings ancillary to flats or maisonettes.

20. A detached single-storey building ancillary to and within the curtilage of a flat or maisonette.

A building exceeding 8 square metres in area. 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 flue, a fixed combustion appliance installation or sanitary facility. A wall or fence.

Paved areas.

21. A paved area or hard standing.

A paved area or hard standing exceeding 200 square metres in area. A paved area forming part of an access to meet a requirement of these regulations.

Schedule 3: Descriptions of building and work, including the provision of services, fittings and equipment not requiring a warrant.

A - On condition that types 1-23 in all respects and/or in the manner of their fitting meet any relevant requirement of the regulations.

Type Description

Exception

1. Any work to or in a house.

Any work which increases the floor area of the house. Any demolition or alteration of the roof, external walls or elements of structure. Any work adversely affecting a separating wall. Any change in the wastewater disposal system. Work, not being work of types 3 to 26 below, to a house having a storey, or creating a storey, at a height of more than 4.5 metres.

2. Any work to a non-residential building to which the public does not have access.

A non-residential building within

and, without prejudice to the generality of types 1 and 2 above,

3. A detached single-storey building, having an area exceeding 8 square metres but not exceeding 30 square metres.

A dwelling or residential building. A building ancillary to, or within the curtilage of, a dwelling. A building within 1 metre of a boundary. A building containing a fixed combustion appliance installation or sanitary facility. A swimming pool deeper than 1.2 metres.

4. 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.

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 installation or sanitary facility. A swimming pool deeper than 1.2 metres.

5. 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.

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. A swimming pool deeper than 1.2 metres.

6. Any work associated with a fixed combustion appliance installation or other part of a heating installation not being work of types 7 and 8 below.

Any work associated with a solid fuel appliance having an output rating more than 50kw, an oil-firing appliance with an output rating more than 45kw or a gas-fired appliance having a net input rating more than 70kw. Any work associated with a chimney, flue pipe or hearth. An oil storage tank with a capacity more than 90 litres, including any pipe work connecting the tank to a combustion appliance providing space or water heating, or cooking facilities. Any work adversely affecting a separating wall.

7. Any work associated with a balanced flue serving a room sealed appliance.

Any work associated with a balanced flue which passes through combustible material.

8. Any work associated with pipe work, radiators, convector heaters and thermostatic controls for, or associated with, type 6 above.

9. Any work associated with installing a flue liner.

10. Any work associated with refillable liquefied petroleum gas storage cylinders supplying, via a fixed pipe work installation, combustion appliances used principally for providing space heating, water heating, or cooking facilities.

11. Any work associated with the provision of a single sanitary facility, together with any relevant branch soil or waste pipe.

Any work associated with a water closet, waterless closet or urinal.

12. Any work associated with the relocation within the same room or space of any sanitary facility, together with any relevant branch soil or waste pipe.

13. Any work associated with the provision of an extractor fan.

14. Any work associated with a stair lift within a dwelling.

15. Any work associated with the provision of a notice or other fixture for which there is no requirement provided in these regulations.

16. Any work associated with an outdoor sign that is subject to the Town and Country Planning (Control of Advertisements)(Scotland) Regulations 1984.

17. Any work associated with thermal insulating material to or within a wall, ceiling, roof, or floor.

Any work associated with the application of thermal insulating material to the outer surface of an external wall.

18. A wall not exceeding 1.2 metres in height, or a fence not exceeding 2 metres in height.

19. Any work associated with open raised external decking that does not form part of the access provided to comply with the requirement in regulation 9 and paragraph 4.1 of Schedule 5.

Any decking at a height of more than 1.2 metres.

20. A door, window, or roof light when the work includes replacing the frame.

21. A paved area or hard standing exceeding 200 square metres in area. A paved area forming part of an access to meet a requirement of these regulations.

22. An electrical installation, including a circuit for telecommunication, alarm purposes or for the transmission of sound, vision or data, which operates at extra-low voltage (not exceeding 50 volts alternating current or 120 volts direct current, measured between conductors or to earth) and which is not connected directly or indirectly to an electricity supply which operates at a voltage higher than either of those specified above.

23. The construction of a ramp not exceeding 5 metres in length.

B - On condition that this work, service, fitting or equipment is to standard no worse than present.

24. Any work associated with the replacement of a fitting or equipment, in whole or in part, by another of the same general type, including a sanitary facility (together with any relevant branch soil or waste pipe), rainwater gutter or down pipe, solid fuel combustion appliance, electrical fixture, ventilation fan, chimney or flue outlet fitting or terminal, fire hydrant or main, lift or escalator, solid waste chute or container, kitchen fitments or other fitted furniture and ironmongery.

25. Any work associated with the replacement in whole or in part, by material of the same general type, of flooring, lining, cladding, covering or rendering either internally or externally.

26. Any work to a door, window or roof light including glazing which is not a complete replacement falling within type 20 above.

 

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