Exempt Buildings

Buildings controlled under other legislation

  • Any building the construction of which is subject to the Explosives Acts 1875 and 1923(a);
  • Any building (other than a building containing a dwelling or a building used for office of canteen accommodation) erected on a site in respect of which a license under the Nuclear Installations Act 1965 (b) for the time being in force;
  • A building included in the schedule of monuments maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979 (c).

Buildings not frequented by people

A detached building:

  • into which people do not normally go; or
  • into which people go only intermittently and then only for the purpose of inspecting or maintaining fixed plant or machinery.

Unless any point of such a building is less than one and a half times its height from:

  • any point of a building into which people can or do normally go; or
  • the nearest point of the boundary of the curtilage of that building,

whichever is the nearer.

Greenhouses and agricultural buildings

  • A building used as a greenhouse or a building used for agriculture, or a building principally for the keeping of animals, provided in each case that:
    • no part of the building is used as a dwelling;
    • no point of the building is less than one and a half times its height from any point of a building which contains sleeping accommodation; and
    • the building is provided with a fire exit which is not more than 30 metres from any point in the building.
  • The description of building in paragraph 1 does not include a greenhouse or a building used for agriculture if the principal purpose for which they are used is retailing, packing or exhibiting.
  • "Agriculture" includes horticulture, fruit growing, the growing of plants for seed and fish farming.

Temporary buildings

A building which is not intended to remain where it is erected for more than 28 days.

Ancillary buildings

  • A building on a site, being a building which is intended to be used only in connection with the disposal of buildings or building plots on that site;
  • A building on the site of construction or civil engineering works, which is intended to be used only during the course of those works and contains no sleeping accommodation;
  • A building, other than a building containing a dwelling or used as an office or showroom, erected for use on the site of and in connection with a mine or quarry.

Small detached buildings

  • A detached single storey building, having a floor area which does not exceed 30m2, which contains no sleeping accommodation and is a building;
    • no point of which is less than one metre from the boundary of its curtilage; or
    • which is constructed substantially of non-combustible material.
  • detached building designed and intended to shelter people from the effects of nuclear, chemical or conventional weapons, and not used for any other purpose, if:
    • its floor area does not exceed 30m2 and
    • the excavation for the building is not closer to any exposed part of another building or structure than a distance equal to the depth of the excavation plus one metre.
  • A detached building, have a floor area which does not exceed 15m2, which contains no sleeping accommodation.

For advice on exempt buildings, please contact us.