Building Regs applied to a "lean to"? How?

[Ferdinand]

It has been suggested (see the other thread) that a traditional "lean to" might be a better option than a Garden Room (sigh). And I was ready to push the button.

 

What we are talking about is an unheated lean to on the side area of a house against a blank wall with, perhaps, a roof of corrugated polycarbonate or 2/3 layer polycarb as is used on some conservatories. It will be dry but unheated. If you think of a car port with the walls enclosed you get the idea. There will be a door to the back, and probably will not be a door to the front. There may be a door leading into the house, which would be an external quality upvc door - I may need a door there later anyway, so that is not an issue. I can add the door later if that will simplify matters. The floor will probably be slabbed.

 

Cladding (including the roof) could be transparent, translucent, or even opaque.

 

I know that Planning will not apply, as the area under 15sqm, never mind 30sqm, it is on the side of the house behind the line of the principal elevation, and we are not "designated" in any way, and PD rights have not been removed. This is in England. Max height will be under whatever is the PD limit - 3m?

 

Which leaves me stroking my non-existent whiskers about how Building Regulations would apply. The objective is probably that they should *not* apply for reasons of simplicity. I will call up the BCO tomorrow for a chat.

 

In Building Regs terms is it a shed, an extension, a garage or a conservatory? And which are subject to building regs in that situation? In one sense it is almost like a small yard with a roof. I may even be able to make it into whichever I need by mixing my cladding.

 

Although the lean to will be concealed behind a 2m attractive fence, I need to be able to defend my position if someone complains.

 

Any comments are welcome.

 

Ferdinand

 

 

Edited July 20, 2017 by Ferdinand

[Temp]

1 hour ago, Ferdinand said:

I know that Planning will not apply, as the area under 15sqm, never mind 30sqm, it is on the side of the house behind the line of the principal elevation, and we are not "designated" in any way, and PD rights have not been removed. This is in England. Max height will be under whatever is the PD limit - 3m?

 

Which leaves me stroking my non-existent whiskers about how Building Regulations would apply. The objective is probably that they should *not* apply for reasons of simplicity. I will call up the BCO tomorrow for a chat.

 

The under 15sqm (30sqm) rule is a Building Regs rule rather than a Planning rule BUT it only applies to outbuildings not extensions.  House extensions (except porches and conservatories) normally need Building Control Approval whatever the size.

 

Edit: An attached car port is only exempt if less than 30sqm and it's open on two sides.

 

 

 

 

 

Edited July 16, 2017 by Temp

[PeterW]

Thought conservatories were exempt too ..??

[Ferdinand]

What about lean to sheds? I do not know about this one.

[Ian]

14 hours ago, Ferdinand said:

In Building Regs terms is it a shed, an extension, a garage or a conservatory?

14 hours ago, Ferdinand said:

There may be a door leading into the house, which would be an external quality upvc door

 

If you install a door into the house then it will be a porch which is exempt from Building Regs

[Ferdinand]

A porch over 3sqm is not Permitted Development.

 

Add: but apparently there are differences if it is one the side of the house !

Edited July 17, 2017 by Ferdinand

[PeterW]

But if it has a glazed roof it's a conservatory ... and exempt from both ..!

[Ferdinand]

My BCO has just introduced me to the concept of "Covered Way".

 

It is apparently defined by having a door at the front and back, and no access to the house.

 

But if one added an access to the house later, it then becomes a "porch", but doesn't need permissions by dint of already being there.

 

However, a new opening into a dwelling *does* need permission of some sort. Apparently.

 

Also, apparently those lean-to half sheds you get from B&Q are technically extensions to the dwelling so need some form of Building Regs permission, but apparently no one asks and it is not expedient to enforce. 

Edited July 17, 2017 by Ferdinand

[Ferdinand]

Useful summary from Slough Council:

 

Quote

You need to apply for building regulations approval for most building work, but there are some exceptions. Work that does not need building regulations approval is summarised below. But remember, your work may need planning permission even if it does not need building regulations approval.

 

To help you decide if you need either or both a Building Regulation Application and a Planning Application, please visit the interactive Planning Portal visual guide.

• Conservatory: A conservatory must be constructed mostly of transparent or translucent materials (typically at least 75% of the roof and 50% of the walls). It must be attached to the house at ground storey and have a floor area not exceeding 30m2. Any opening between the conservatory and the house must be fitted with a door(s). Certain glazed panels need to be safety glass. Check with us if you have any doubts.
• Detached garage: A garage must contain no sleeping accommodation and have a floor area not exceeding 30m2. It must be at least 1m from any boundary or else be substantially built with non-combustible materials.
• Porch: A porch must be used for no other purpose with no permanent opening into the house. It must not exceed 30m2 in floor area. Certain glazed panels need to be laminated or toughened glass – check with us if in doubt.
• Carport: A carport must be open on at least two sides and have a floor area not exceeding 30m2. (Note: doors do not count as an open side).
• Covered way/yard: A covered way or covered yard must be attached to a house and have a floor area not exceeding 30m2.
• Detached building - non residential (shed etc): A detached building must contain no sleeping accommodation and have a floor area not exceeding 15m2.
• Detached building - residential: Normally, a Building Regulations application is not required for a residential building providing it is detached with a floor area of under 30 square metres. And with no drainage or cooking facilities, made substantially from non combustible materials if within 1 metre of any boundary, and the sole use of which is ancillary to the main property. Any electrical installations or other controlled services or fittings would need to comply with the building regulations.

 

Ferdinand

 

[Crofter]

How many of these structures are you allowed to build?

I really like the idea of a big covered space at the back door- somewhere to stick the bikes, stack firewood, hang a washing line, tie up a wet dog, etc. I could presumably count it as either a car port or a covered yard, or both. So could I put two of these on two different walls of the house?

[Ferdinand]

So I think what I am heading towards is building the fence first, behind which I will construct Covered Way, which at some point may turn into a porch.

 

That means that I can use plastisol corrugated rather than translucent corrugated, which will mean that it will be more private and in keeping with the house, and I can meet any "substantially non flammable materials" requirement for being with 2m of the neighbours brick wall.

 

20 minutes ago, Crofter said:

How many of these structures are you allowed to build?

I really like the idea of a big covered space at the back door- somewhere to stick the bikes, stack firewood, hang a washing line, tie up a wet dog, etc. I could presumably count it as either a car port or a covered yard, or both. So could I put two of these on two different walls of the house?

 

I have not got the foggiest idea :-). 

 

But I think that a "porch" engages planning permission if it is more than 3sqm if attached to *any* door, not just one at the front. Or that is the view of my Planning Dept, though they were a little reluctant to have that conversation without a specific property being identified.

 

Nor have I worked out whether there are any volume based restrictions.

 

F

Edited July 17, 2017 by Ferdinand

[Ferdinand]

52 minutes ago, Crofter said:

How many of these structures are you allowed to build?

I really like the idea of a big covered space at the back door- somewhere to stick the bikes, stack firewood, hang a washing line, tie up a wet dog, etc. I could presumably count it as either a car port or a covered yard, or both. So could I put two of these on two different walls of the house?

 

Under English Law in my opinion you should be able to do a 'Covered Yard' up to 30sqm without a need for either PP or Building Regs approval, subject to the other categories of restriction (height, distance from boundary etc).

 

A covered yard may need PP if it extends beyong the side of the house.

http://www.tameside.gov.uk/Planning/Planning-and-Building-Control-Frequently-Asked-Que#_constructacoveredyard_

 

Attention needs paying to Electrical Installations and Building Regs etc. However, in my case there is an external double IP66 socket there already, which I assume can stay.

 

By my reading above a Covered Yard could be enclosed. To be a Covered Way it would need imo the capability of someone going somewhere through it.

 

TO ME, the definition of Car Port sounds like a bastardisation of the older definition of Covered Yard or Covered Way.

 

But your back door couldn't go into it, or it becomes a Porch and you would need Planning if over 3sqm. So you need to walk at least two feet sideways off the path through the rain wearing a hat to keep dry.

 

That is General Advice only.

 

I have put in a request to find the formal definition of these in Planning Law.

 

Ferdinand

 

Edited July 17, 2017 by Ferdinand

[Ferdinand]

(Aside and diversion)

 

I love Planning Law.

 

Apparently if your small detached building under 30sqm is a robust shed Air Raid Shelter it can contain sleeping accommodation.

https://www.lincoln.gov.uk/living-in-lincoln/planning-and-building/building-control/building-control-advice-and-guidance/exempt-buildings-and-structures/

 

"No planning officer, it is not a shed from B&Q it is in case the Russians Bomb is and that gentleman is sleeping in it".

 

Add: Hmm. Appears to be a Building Regs exemption, not Planning.

Edited July 17, 2017 by Ferdinand

[ProDave]

1 hour ago, Crofter said:

How many of these structures are you allowed to build?

I really like the idea of a big covered space at the back door- somewhere to stick the bikes, stack firewood, hang a washing line, tie up a wet dog, etc. I could presumably count it as either a car port or a covered yard, or both. So could I put two of these on two different walls of the house?

I believe up here you can cover half your garden area in permitted development garden buildings.

 

Not sure how that applies to a croft, but normally the "garden" of a croft is decrofted?

[ProDave]

Don't forget the "portable building" building regs exemption. That lets you build up to just over 100 square metres without building regs (but you will need building regs for any drainage) This is actually an exemption under the Caravan's act, but it does not need to be on wheels to legally qualify as a "caravan" it must be capable of being moved, and lifting by a crane onto a low loader is an acceptable way of proving its mobility.

 

Here is how the Highland Council interpret that regulation. I am sure other councils must have their own policy to deal with this. http://www.highland.gov.uk/downloads/file/1346/bst_018_caravans_and_mobile_homes

This would probably cover all garden buildings, except ones attached to a house that may be hard to demonstrate they are moveable.

[Crofter]

Portable building works well for a standalone garden room, provided it is under 30m2 and has no sleeping accommodation, but it works less well for a lean-to because the structure has to be self supporting.

[PeterW]

Hmmm ..... so I could extend the garage and include the door for that into the "covered walkway"...??? It's an attached garage but no door into the house .. 

[Ferdinand]

1 hour ago, PeterW said:

Hmmm ..... so I could extend the garage and include the door for that into the "covered walkway"...??? It's an attached garage but no door into the house .. 

 

I refer you to the GPDO song, @PeterW.

 

 

I may be  confident enough to try mine, as it goes from the front to the back down the side of the dwelling and I do have a couple of plan Bs available if I get it wrong, but I have not read a lot of cases to understand how this really works.

 

I would like to see some professional advice and a couple of Legal Cases, ideally.

Edited July 17, 2017 by Ferdinand

[Ferdinand]

I  have just received my reply from the Royal Town Planning Institute on the definition of "Covered Way" and "Covered Yard"; they think there isn't one. That will be non-binding however and just opinion, so don't punt 10k on the basis of it without knowing you are responsible.

 

Quote

As far as I am aware (and subsequent research would seem to confirm this) there is no legal definition of 'covered way' or 'covered yard' within planning. Similarly, I could not identify any case law that discusses or clarifies this issue.

 

I am sorry that I could not offer a more guidance on this matter. 

 

Which is very interesting indeed.

 

If accurate, that looks as if you can prove it isn't anything else (eg opaque roof so not a conservatory, no door to inside so not a porch), the LPA cannot show that it *isn't* a Covered Yard or Covered Way, which means that if you are within the list of general rules for Permitted Development, you don't need Building Regs OR Planning Permission for building a very wide range of potentially quite useful structures and vexatious enforcement would be tricky.

 

Suspect "It is an Extension" may be the fly in the ointment, in that I am not sure how to show that something is *not* an extension. An "Extension" (unlike a Covered Way/Yard which come under the Class VII Exemption) is not automatically exempt from Building Regulations. However, some things may best be termed Extensions built under PD.

 

Ferdinand

 

Edited August 27, 2019 by Ferdinand