NHBC confirms that during the first two years after legal completion of a new-build home, the builder, not NHBC, is responsible for rectifying problems arising from a failure to meet NHBC’s own building requirements, and that NHBC’s resolution service becomes available only once the builder’s complaints process has been completed.

Why this differs from adding one later

Most of the planning and building control guidance on this site concerns a conservatory added to an existing home, where the homeowner deals directly with an installer and, separately, with building control or a competent person scheme. Where a conservatory is included in a new-build home from the outset, bought as part of the whole property, a different framework applies: the structural warranty the developer arranges for the entire home, commonly an NHBC Buildmark policy, and the process for raising a defect runs through that warranty rather than a separate installer contract.

The two-year builder period

NHBC’s own guidance is specific about where responsibility sits in the period immediately after legal completion: during the first two years, the builder is responsible for rectifying problems arising from the builder’s failure to meet NHBC’s requirements, not NHBC itself. A defect in a new-build conservatory in this window, for example a leak, a sealing fault or an issue with how the space was constructed, is first and foremost a matter for the developer’s own aftercare or customer service team, in the same way any other defect in a new-build home is during this period.

How to report a problem

NHBC’s guidance says a homeowner should contact the builder as soon as reasonably possible after noticing a defect, and always within the two-year builder warranty period, keeping a record of that contact. This record becomes important evidence later if the builder does not resolve the issue and the homeowner needs to escalate to NHBC directly, since NHBC’s process depends on being able to see what was reported and when.

When NHBC steps in

NHBC describes its role as guaranteeing the builder’s obligations under the builder warranty, stepping in only if the builder fails to comply. Before that stage, specific conditions have to be met: the homeowner must have notified the builder within the warranty period, allowed the builder reasonable time to carry out repairs, gone through the builder’s full complaints process, and received the builder’s final written response. Only once these steps are complete does NHBC’s resolution service become available, rather than being a first port of call for any conservatory defect noticed in a new-build home.

The later structural period

After the two-year builder warranty period ends, Buildmark moves into an eight-year insurance period, covering physical damage caused by a failure to build to NHBC’s requirements, generally concentrated on structural elements such as foundations, load-bearing elements and the weatherproofing of the external envelope. A conservatory-related issue arising well into this later period is treated within this narrower, structurally focused part of the warranty, rather than the broader builder warranty process that applies in the first two years, and is less likely to be covered where the issue is cosmetic or a minor fault rather than a genuine structural defect.

Checking which warranty applies

NHBC is one of several structural warranty providers used across new-build housing in the UK, and a home built under a different provider follows that provider’s own equivalent process rather than NHBC’s. Confirming which warranty applies to a specific new-build property, and keeping the relevant policy booklet and certificate, is the reference point for what is and is not covered for that conservatory, rather than assuming the process described here applies automatically to every new-build home.

FAQs

Does NHBC deal with a new-build conservatory defect straight away?

No. NHBC says the builder is responsible for rectifying defects during the first two years, with NHBC’s resolution service acting as a backstop only after the builder’s own complaints process has been exhausted.

What does a homeowner need to do before NHBC will get involved?

Notify the builder within the warranty period, allow reasonable time for repair, complete the builder’s complaints process, and receive its final written response.

Does the later eight-year insurance period cover any conservatory issue?

It is focused on structural defects such as foundations and weatherproofing, so a cosmetic or minor fault arising in this later period is less likely to be the kind of issue it is designed to cover.

Is this the same as the warranty on a conservatory added to an existing home?

No. A conservatory added later is usually covered by the installer’s own guarantee and any insurance-backed warranty, a separate arrangement covered elsewhere on this site.

Bottom line

A conservatory included in a new-build home is generally covered by the same structural warranty as the rest of the property, and under NHBC’s Buildmark, the builder, not NHBC, is responsible for defects during the first two years, with NHBC’s resolution service available only once the builder’s own complaints process has been completed. The later, structural insurance period is framed around defects like foundations and weatherproofing rather than minor faults. This is general information, not advice on a specific policy; the individual Buildmark policy booklet and certificate confirm what applies to a particular home.

Sources

This guide draws on the following primary sources, current as of 22 September 2026:

• NHBC, “In the first two years of the policy”

Related guides

Compare Conservatories is an independent guide. We may earn a fee from some links; this never affects what we write. This article is general information, not legal or planning advice on any specific property — always confirm requirements directly with your local planning authority.

Class 7 of Schedule 2 to the Building Regulations 2010 exempts the extension of a building by a conservatory, porch, covered yard or covered way at ground level where the floor area does not exceed 30 square metres, provided any glazing meets the specified safety requirements.

What Class 7 says

Regulation 9(1) of the Building Regulations 2010, which the legislation marks as applying in England and Wales, says the Regulations do not apply to the erection of any building or extension of a kind described in Schedule 2, or to work on such a building if it remains one after the work. Class 7 in Schedule 2 describes the extension of a building by the addition at ground level of a conservatory, porch, covered yard or covered way, or a carport open on at least two sides, where the floor area of the extension does not exceed 30 square metres.

The exemption has a condition for glazing. For a conservatory or porch that is wholly or partly glazed, the glazing must satisfy the requirements of Schedule 1 that Class 7 identifies, which concern the safety of glazing. Class 7 is limited to extensions at ground level, so an upper-storey addition is outside it, and an extension above 30 square metres is not within the exemption.

Electrics: Part P still applies

Regulation 9(3) says the requirements of Part P of Schedule 1 apply to any extension within Class 7 that receives its electricity from a source shared with or located inside a dwelling. Approved Document P repeats the point, noting that conservatories, porches, domestic greenhouses, garages and sheds that share their electricity with a dwelling are not exempt from Part P. Any new circuit in a conservatory is therefore notifiable, and the work needs certifying.

Water supplies

Regulation 9(2) applies the requirements of paragraphs G1 and G3(2) and (3) of Schedule 1, dealing with cold water supply and hot water safety, to any extension in Class 7 that receives a cold or hot water supply from a source shared with or located inside any building that is not itself of a kind described in Schedule 2. A conservatory kitchenette or sink connected to the house supply would therefore trigger these requirements.

Gas and other rules

Exemption from the Building Regulations does not remove other legal duties. The Welsh edition of Approved Document J notes that Schedule 2 exempts classes of buildings from all Building Regulations requirements, including those in Part J, but that the Gas Safety (Installation and Use) Regulations still apply to exempt buildings. A gas appliance or flue in a conservatory is therefore still subject to gas safety rules.

The exemption also has nothing to say about planning permission, which is decided under a separate system, or about private rights such as covenants.

If the conservatory is not exempt

Where a conservatory falls outside Class 7, the Regulations apply in full. The Welsh edition of Approved Document J explains that in almost all cases of new building work a building control body must be notified in advance, with two exceptions: work carried out by a person registered with a competent person self-certification scheme, and work listed as not notifiable in Schedule 4. It adds that competent person schemes let registered installers self-certify that work complies and that the occupier must then receive a compliance certificate within 30 days of completion.

Checking the position

Because Class 7 depends on floor area, level, glazing and services, the practical step is to measure the floor area of the proposed extension and list what will connect to the house: electrics, water, heating and gas. If any of those connect, some requirements remain, and if the conservatory exceeds 30 square metres or is not at ground level, the full Building Regulations apply and building control needs to be involved.

FAQs

Does a 25 square metre conservatory need building regulations approval?

If it is a ground-level conservatory within Class 7 it is exempt from the Regulations generally, but Part P applies if it shares the house electricity supply, and the glazing condition and water provisions can also apply.

Does the exemption cover a conservatory of 35 square metres?

No. Class 7 applies where the floor area of the extension does not exceed 30 square metres.

Does the same exemption apply in Scotland?

No. Scotland uses building warrants and its own Technical Handbook, and this guide covers England and Wales.

Bottom line

Class 7 exempts a ground-level conservatory of up to 30 square metres from most Building Regulations, provided the glazing meets the specified safety requirements, but regulation 9 keeps Part P electrical safety and certain water requirements in force where services are shared with the house. Gas safety law continues to apply too. This is general information, not advice on a specific project; the local building control body can confirm what applies.

Sources

This guide draws on the following primary sources, current as of 21 September 2026:

• legislation.gov.uk, “The Building Regulations 2010, Schedule 2: Exempt buildings and work”
• legislation.gov.uk, “The Building Regulations 2010, regulation 9: Exempt buildings and work”
• Ministry of Housing, Communities & Local Government via GOV.UK, “Approved Document P: Electrical safety – Dwellings, 2013 edition” (PDF)
• Welsh Government, “Approved Document J: Combustion appliances and fuel storage systems, 2010 edition incorporating 2010 and 2024 amendments” (PDF)

Related guides

Compare Conservatories is an independent guide. We may earn a fee from some links; this never affects what we write. This article is general information, not legal or planning advice on any specific property — always confirm requirements directly with your local planning authority.

In England, Class E of Part 1 of Schedule 2 to the General Permitted Development Order allows a building within the curtilage of a house for a purpose incidental to its enjoyment, within limits on height, position, storeys and site coverage, and a separate Building Regulations exemption covers small detached buildings.

Class E covers detached buildings, not extensions

Class E of Part 1 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 permits the provision within the curtilage of a house of any building or enclosure, or swimming or other pool, required for a purpose incidental to the enjoyment of the house as such, and of an oil or LPG heating container. The government’s 2019 technical guidance says a building attached to the house is not permitted under Class E and falls under Class A, the extension rules that also cover conservatories.

The limits in paragraph E.1

Development is not permitted if it would cover more than 50% of the curtilage (excluding the original house) with buildings, enclosures and containers; if any part would be forward of a wall forming the principal elevation of the original house; if the building has more than one storey; or if its height would exceed 4 metres for a dual-pitched roof, 2.5 metres within 2 metres of the boundary, or 3 metres in any other case. The eaves height must not exceed 2.5 metres. The technical guidance says the 50% limit covers all buildings, including extensions under Class A or with planning permission and existing detached buildings, even ones built before 1948, and that the ban on building forward of the principal elevation extends to a line drawn through that elevation to the side boundary.

Class E also does not apply within the curtilage of a listed building, to a verandah, balcony or raised platform, to anything relating to a dwelling or a microwave antenna, or to a heating container over 3,500 litres. It does not apply to a house that was created only through certain change-of-use rights or that was built under the new-dwellings right in Part 20. The technical guidance adds that decking is allowed if not more than 0.3 metres high.

Extra limits on designated land

Paragraph E.2 says that on land in an area of outstanding natural beauty, the Broads, a National Park or a World Heritage Site, development is not permitted if the total ground covered by buildings, enclosures, pools and containers more than 20 metres from any wall of the house would exceed 10 square metres. Paragraph E.3 says that on land subject to article 2(3) of the Order, no part of the building may be between a side wall of the house and the boundary of the curtilage.

What incidental use means

Paragraph E.4 says a purpose incidental to the enjoyment of the house includes keeping poultry, bees, pet animals, birds or other livestock for the occupants’ domestic needs or personal enjoyment. The technical guidance gives garden sheds, storage buildings and garages as examples but says an incidental purpose does not cover normal residential uses such as separate self-contained accommodation, or using an outbuilding for primary living accommodation such as a bedroom, bathroom or kitchen. A garden room used as living space therefore risks falling outside Class E.

Building Regulations exemptions

Schedule 2 to the Building Regulations 2010 exempts small detached buildings in class 6. A detached single-storey building of up to 30 square metres with no sleeping accommodation is exempt if no point is less than 1 metre from the boundary or if it is constructed substantially of non-combustible material. A detached building of up to 15 square metres with no sleeping accommodation is exempt.

Regulation 9 keeps some requirements in play: Part P applies to a class 6 building that receives its electricity from a source shared with or inside a dwelling, and the hot and cold water safety provisions in Schedule 1 apply if its water is shared with a building outside Schedule 2.

FAQs

Can a garden room be attached to the house under Class E?

No. The technical guidance says buildings attached to the house are not permitted under Class E and fall under Class A.

Can a garden office be used as a bedroom?

Not under Class E. The technical guidance says incidental use does not cover using an outbuilding for primary living accommodation such as a bedroom.

Does Class E apply in Scotland, Wales or Northern Ireland?

No. This guide covers England. The other nations have separate planning rules.

Bottom line

A detached garden room in England can be permitted development under Class E if it stays within the height, position, storey and coverage limits and is used for an incidental purpose, and it may sit outside the Building Regulations if it is a class 6 small detached building. Designated land adds limits, and living accommodation falls outside the class. This is general information, not planning advice; the local planning authority can confirm what applies.

Sources

This guide draws on the following primary sources, current as of 21 September 2026:

• legislation.gov.uk, “The Town and Country Planning (General Permitted Development) (England) Order 2015, Schedule 2, Part 1”
• Ministry of Housing, Communities & Local Government via GOV.UK, “Permitted development rights for householders: technical guidance” (PDF, September 2019)
• legislation.gov.uk, “The Building Regulations 2010, Schedule 2: Exempt buildings and work”
• legislation.gov.uk, “The Building Regulations 2010, regulation 9: Exempt buildings and work”

Related guides

Compare Conservatories is an independent guide. We may earn a fee from some links; this never affects what we write. This article is general information, not legal or planning advice on any specific property — always confirm requirements directly with your local planning authority.

Under the Construction (Design and Management) Regulations 2015, a homeowner who commissions building work on their own home is a domestic client, and the client duties normally pass to the contractor on a single-contractor job or to the principal contractor where there are several.

Who is a domestic client

HSE says a domestic client is any individual who has construction work carried out on their home, or the home of a family member, that is not done as part of a business. A client who has construction work carried out in connection with a business is a commercial client. HSE notes that many domestic clients have little or no skill in managing a construction project, which is why CDM 2015 passes their duties to other dutyholders. The Construction (Design and Management) Regulations 2015, known as CDM 2015, apply in Great Britain and place the full client duties on commercial clients.

Where the duties go

Regulation 7 says that where the client is a domestic client, the duties in regulations 4(1) to (7) and 6 must be carried out by the contractor for a project with only one contractor, by the principal contractor for a project with more than one contractor, or by the principal designer where there is a written agreement that the principal designer will do so. HSE says that on a single contractor project the contractor takes on the client’s legal duties on top of their own, which in practice should involve little more than what they normally do to manage health and safety risks.

On a project with more than one contractor, a domestic client who has engaged an architect or other designer can agree in writing that the designer manages the project and takes on the client duties, becoming principal designer. Without that written agreement, HSE says the client duties automatically pass to the principal contractor. If the domestic client fails to make the required appointments, regulation 7(2) makes the designer in control of the pre-construction phase the principal designer and the contractor in control of the construction phase the principal contractor.

What a homeowner still needs to do

HSE stresses that a domestic client does not need skills or experience in managing construction. Provided reasonable enquiries are made of those brought in about their awareness of health and safety risks and their track record in managing them, the client should be able to rely on them. It suggests asking simple questions about track record and allowing enough time and money in the contract for the work to be done safely.

What a contractor must be able to show

HSE says a contractor must be able to demonstrate the skills, knowledge and experience, and for an organisation the organisational capability, to carry out the work safely, and that the level should be proportionate to the complexity of the work and the risks. It gives examples of evidence: records of continuing professional development and training, membership of professional bodies and references from earlier construction work. A contractor that employs others must ensure those individuals are suitably skilled and trained or in the process of becoming so.

Planning, the construction phase plan and paperwork

HSE says details of a contractor’s planning must be recorded as a construction phase plan and that the effort should be proportionate to the project. Under regulation 12, the principal contractor draws up the plan before the site is set up and keeps it under review. The principal designer prepares a health and safety file during the pre-construction phase and, at the end of the project, passes it to the client, or the principal contractor does so where there is no principal designer.

HSE’s notification page adds that where a project is notifiable to HSE and the client is domestic, the notification is made by the contractor or principal contractor, or by the principal designer under a written agreement, and that for a single contractor project the contractor’s name is entered in both roles. The form requires the contact details of the client, principal designer and principal contractor.

FAQs

Is a homeowner responsible for site safety on a conservatory build?

HSE says a domestic client’s duties normally pass to the contractor or principal contractor, although the client should still check the contractor is capable.

Does the homeowner need a construction phase plan?

No. HSE says the contractor records planning as a construction phase plan, and under regulation 12 the principal contractor draws it up where there is more than one contractor.

Does this apply in Northern Ireland?

HSE’s guidance covers Great Britain. Northern Ireland has separate health and safety regulation.

Bottom line

For most conservatory projects, the homeowner is a domestic client whose CDM duties pass to the contractor, but the homeowner can still make sensible enquiries about the contractor’s capability and allow enough time and money for safe working. Regulation 7 sets out where the duties go, and the contractor or principal contractor produces the plan. This is general information, not legal advice; HSE and the contractor can explain how the rules apply to a specific job.

Sources

This guide draws on the following primary sources, current as of 21 September 2026:

• Health and Safety Executive, “Domestic clients: roles and responsibilities”
• Health and Safety Executive, “Are you a domestic client?”
• Health and Safety Executive, “Are you a contractor?”
• Health and Safety Executive, “F10 – Notification of construction project”
• legislation.gov.uk, “The Construction (Design and Management) Regulations 2015, regulation 7: Application to domestic clients”
• legislation.gov.uk, “The Construction (Design and Management) Regulations 2015, regulation 12: Construction phase plan and health and safety file”

Related guides

Compare Conservatories is an independent guide. We may earn a fee from some links; this never affects what we write. This article is general information, not legal or planning advice on any specific property — always confirm requirements directly with your local planning authority.

Under the April 2026 domestic Technical Handbook, a single-storey conservatory or porch attached to a house can be built without a building warrant if it is 8 square metres or less, is at least 1 metre from a boundary and has no flue, fixed combustion appliance installation or sanitary facility.

The warrant exemption

The domestic Technical Handbook, April 2026 edition, applies in Scotland only. Its section 0.5 explains that regulation 5 and schedule 3 set out work that can be done without a building warrant, and that such work must still comply with the regulations. Building type 18 in the schedule covers a single-storey building attached to an existing house, ancillary to it, consisting of a conservatory or porch whose glazing complies with regulation 9 and paragraph 4.8 of schedule 5.

The exceptions to type 18 are a building exceeding 8 square metres in area, a building containing a flue, a fixed combustion appliance installation or a sanitary facility, and a building within 1 metre of a boundary. A conservatory outside those limits needs a building warrant, and mygov.scot says it is an offence to start work that needs a warrant without one.

What counts as a conservatory

Appendix A of the Handbook defines a conservatory as a building attached to a dwelling with a door and any other building elements dividing it thermally from that dwelling, and with translucent glazing (including frames) forming not less than either 75% of its roof area and 50% of its external wall area, or 95% of its roof area and 35% of its external wall area. The Handbook notes that the definition was amended on 1 May 2007. The Handbook adds that a conservatory allows natural light and ventilation to be borrowed through glazing and ventilators into adjacent rooms, which is why a large area of translucent material is required in its fabric, and that the definition should be read with the SAP 10 document.

Energy standards

Clause 6.2.11 says a conservatory should be thermally divided from the dwelling, outside its insulation envelope, and the dividing wall, door and window should have U-values equal to or better than the corresponding exposed elements of the house. Where not exempt, a conservatory, heated or not, should meet the same maximum U-values as other new work, except that the glazing and framing forming its walls or roof are unlimited in area, subject to a maximum area-weighted average U-value of 1.8 W/m2K and a maximum for any individual element of 3.3 W/m2K.

Clause 6.1.6 says conservatories under 50 square metres are stand-alone buildings thermally separated from the dwelling, while conservatories of 50 square metres or more subject to standard 6.1 need a non-domestic style SBEM calculation. The Handbook also says some smaller conservatories can be exempt from both a warrant and the standards, and that draught stripping on existing windows and doors between house and conservatory should match that of exposed windows and doors.

Ventilation and daylight

Clause 3.14.9 recommends that a conservatory have ventilators with an opening area of at least one fifth of its floor area, with high-level or roof vents best placed to reduce heat build-up. Where a conservatory is built over an existing ventilator serving a room, clause 3.14.11 says the conservatory’s ventilation must open to the outside air with an area of at least one twentieth of the combined floor area of the room and conservatory, and the room’s ventilator should be at least one twentieth of that room’s floor area. Clause 3.16.2 says a conservatory may be built over a translucent glazed opening if that opening is at least one fifteenth of the floor area of the internal room formed.

Fire spread and escape

Section 2 of the Handbook says short fire resistance duration is sufficient for a conservatory or porch attached to a dwelling even when it is within 1 metre of the boundary. It also says that where a conservatory is located below an escape window, consideration should be given to the design of the conservatory roof.

FAQs

Does a small conservatory in Scotland always avoid a warrant?

No. The exemption in building type 18 is limited to 8 square metres, at least 1 metre from a boundary, with no flue, fixed combustion appliance installation or sanitary facility.

Does the exemption remove the building standards?

No. The Handbook says work not requiring a warrant must still meet the standards required by the regulations.

Do planning rules matter too?

Yes, but they are separate. This guide covers the building warrant and building standards only.

Bottom line

In Scotland, only a small attached conservatory, 8 square metres or less, at least 1 metre from a boundary and without a flue, combustion appliance or sanitary facility, can be built without a building warrant, and even then the standards on glazing, thermal separation, ventilation and fire apply. Larger conservatories need a warrant. This is general information, not advice on a specific project; the local council’s building standards department can confirm what applies.

Sources

This guide draws on the following primary sources, current as of 21 September 2026:

• Scottish Government, “Building standards technical handbook: domestic, April 2026”
• mygov.scot, “Getting a building warrant”

Related guides

Compare Conservatories is an independent guide. We may earn a fee from some links; this never affects what we write. This article is general information, not legal or planning advice on any specific property — always confirm requirements directly with your local planning authority.

In England, Approved Document P says all electrical installation work in a dwelling is subject to requirement P1, and conservatories that share their electricity supply with a house are not exempt from Part P even where the building itself falls within an exempt class.

Part P still applies to an exempt conservatory

Approved Document P (2013 edition, for use in England) says in paragraph 2.1 that all electrical installation work carried out in a dwelling is subject to requirement P1 and should follow the design and installation guidance in section 1, which points to BS 7671. Paragraph 2.2 extends Part P to parts of an installation outside the dwelling and in outbuildings such as sheds, detached garages and domestic greenhouses.

The note to paragraph 2.3 addresses conservatories directly. Schedule 2 to the Building Regulations exempts some small buildings from the Regulations, but the document says conservatories, porches, domestic greenhouses, garages and sheds that share their electricity with a dwelling are not exempt from Part P by virtue of regulation 9(3). Regulation 9(3) itself applies Part P to a Schedule 2 extension in class 7, which includes a conservatory, if it receives its electricity from a source shared with or inside a dwelling.

What counts as notifiable work

Paragraph 2.5 sets out the work that is notifiable under regulation 12(6A): installing a new circuit; replacing a consumer unit; and adding to or altering existing circuits in a special location, meaning the space around a bath or shower, or a room containing a swimming pool or sauna heater.

Paragraph 2.7 says all other electrical installation work is not notifiable, namely additions and alterations to existing installations outside special locations, and replacements, repairs and maintenance anywhere. Paragraph 2.8 adds that installing fixed electrical equipment is within the scope of Part P even if it is connected by a 13A plug, but is notifiable only if it involves work listed in regulation 12(6A). For instance, connecting an electric gate to an existing isolator is not notifiable, whereas a new circuit from the consumer unit to the isolator is.

Three ways to certify notifiable work

Paragraph 3.1 says notifiable work must be certified in one of three ways. First, a registered competent person self-certifies. The installer completes a BS 7671 electrical installation certificate for every job, and within 30 days the installer or the registration body must give the occupier a Building Regulations compliance certificate and give the building control body the certificate or its information.

Second, an installer who is not a registered competent person can appoint a registered third-party certifier before work starts, notify them within 5 days of completion and receive an electrical installation condition report, after which the registration body issues the compliance certificate within 30 days. Third, the installer can notify a building control body before work begins. The body decides how much inspection and testing is needed and may issue a completion certificate, and the document notes that this route can lead to a lower charge where the installer supplies a BS 7671 certificate.

Adding to an existing installation

Paragraph 1.6 explains that when an installation is extended or altered, only the new work must meet current standards, and there is no obligation to upgrade the rest unless the new work adversely affects its safety or the existing installation is in such a state that the new work cannot be operated safely. Paragraph 1.7 says the existing installation should be checked to make sure that the rating and condition of equipment belonging to the consumer and to the electricity distributor can carry the additional load, that adequate protective measures are used and that earthing and bonding are satisfactory. A conservatory that adds sockets, lighting, heating or underfloor heating therefore prompts a check of the consumer unit and the supply.

Information, testing and non-notifiable work

Paragraph 1.2 says enough information should be provided for people to operate, maintain or alter the installation with reasonable safety, including electrical installation certificates or reports, permanent labels on items such as consumer units and residual current devices, and operating instructions. Paragraph 3.13 says non-notifiable work should also be designed, installed, inspected, tested and certificated in line with BS 7671, and paragraph 3.14 warns that local authorities can take enforcement action if non-notifiable work is unsafe and non-compliant. Certificates should normally go to the occupier; in a rented property they may go to the person who ordered the work with a copy to the occupier.

Other nations

This document is for England, and it also applies to building work on excepted energy buildings in Wales. Scotland regulates building work through its own Building Standards Technical Handbook, which lists electrical work among the work in a house that does not need a building warrant while still requiring it to meet the standards.

FAQs

Does an exempt conservatory escape Part P?

No. Approved Document P says conservatories that share their electricity with a dwelling are not exempt from Part P.

Is adding a socket to an existing circuit notifiable?

Not normally. Paragraph 2.7 says additions and alterations to existing installations outside special locations are not notifiable, although the work must still meet BS 7671.

Who receives the compliance certificate?

Paragraph 3.2 says Building Regulations certificates should normally be given to the occupier, or in a rented property to the person ordering the work with a copy to the occupier.

Bottom line

For a conservatory in England, the key question is whether the work creates a new circuit or replaces the consumer unit, since either makes it notifiable and needs certification by a registered competent person, a third-party certifier or building control. Even non-notifiable work must meet BS 7671, and the existing supply must be able to carry the extra load. This is general information, not advice on a specific installation; a registered electrician or the local building control body can confirm the position.

Sources

This guide draws on the following primary sources, current as of 21 September 2026:

• Ministry of Housing, Communities & Local Government via GOV.UK, “Approved Document P: Electrical safety – Dwellings, 2013 edition” (PDF)
• GOV.UK, “Electrical safety: Approved Document P”
• legislation.gov.uk, “The Building Regulations 2010, regulation 9: Exempt buildings and work”
• Scottish Government, “Building standards technical handbook: domestic, April 2026”

Related guides

Compare Conservatories is an independent guide. We may earn a fee from some links; this never affects what we write. This article is general information, not legal or planning advice on any specific property — always confirm requirements directly with your local planning authority.

In England, most grants of planning permission are deemed subject to a condition requiring a 10% biodiversity net gain, but GOV.UK guidance says householder development and development granted by permitted development rights are exempt, which covers a typical conservatory project.

What biodiversity net gain is

According to GOV.UK planning practice guidance, biodiversity net gain in England comes from Schedule 7A of the Town and Country Planning Act 1990, inserted by the Environment Act 2021. Subject to exceptions, every grant of planning permission is deemed to be subject to a condition that development delivers at least a 10% increase in biodiversity value relative to the pre-development value of the onsite habitat. The gain can be delivered onsite, through registered offsite gains or through statutory biodiversity credits, and before work starts a Biodiversity Gain Plan must be approved by the planning authority unless the development is exempt. The guidance says the framework applies to planning permissions granted for applications made on or after 12 February 2024. It relates to England; Wales, Scotland and Northern Ireland have separate approaches.

The householder exemption

The GOV.UK guidance, updated on 31 July 2026, lists householder development as a current exemption: development that is the subject of a householder application as defined in article 2(1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015. A planning application for a conservatory or similar extension to a dwelling is normally a householder application, so the biodiversity gain condition does not apply to it.

Permitted development and other routes

The guidance also lists as exempt development granted planning permission by a development order under section 59 of the 1990 Act, which it says includes permitted development rights. A conservatory built under permitted development therefore does not attract the condition. It adds that retrospective planning permissions made under section 73A are outside biodiversity net gain, and that some section 73 permissions to vary conditions are also outside it.

Other exemptions

The de minimis exemption applies where development does not impact an onsite priority habitat and affects less than 25 square metres of onsite habitat and less than 5 metres of linear habitat such as a hedgerow. A further exemption for sites no larger than 0.2 hectares that do not impact an onsite priority habitat applies to applications made on or after 6 August 2026, as does an exemption for temporary development permitted for five years or less. Other exemptions cover urgent Crown development, biodiversity gain sites and development related to the high speed railway network.

The guidance gives an example of overlap: a side extension replacing a garage could be subject to the householder, 0.2 hectare and de minimis exemptions. In such cases the planning authority and applicant should focus on the most appropriate and easiest exemption to assess, and there is no need to evidence every one; for a development classified as householder, the focus should be on the householder exemption.

What this means for a conservatory project

For most homeowners the practical effect is that a conservatory does not need a Biodiversity Gain Plan. The exemption concerns biodiversity net gain only, and other rules such as protection for wildlife and trees apply separately and are covered in other guides on this site. Because the definitions depend on how the application is classified, the local planning authority can confirm the position for a specific proposal, particularly where the site includes a priority habitat.

The guidance explains that biodiversity net gain is intended to be a post-permission matter, so that the 10% objective is met after permission is granted through the Biodiversity Gain Plan, and that where a development is not exempt the applicant should consider it early, including using the authority’s pre-application advice service. It also says that biodiversity net gain will often be a material consideration when an application is decided, and that the authority has a role in monitoring and enforcing a plan once approved. Those steps are not required for an exempt householder conservatory, but they show why an application for a larger development on the same site, such as a new dwelling in the garden, could be treated quite differently.

The guidance separately notes that some routes to permission have not yet been brought into the framework, including local development orders, simplified planning zones and neighbourhood development orders. The GOV.UK page sets out the current list of exemptions and is updated periodically.

FAQs

Do I need a Biodiversity Gain Plan for a householder conservatory application?

No. GOV.UK lists householder development as exempt from the biodiversity gain condition.

Does permitted development trigger biodiversity net gain?

No. GOV.UK says development granted planning permission by a development order, including permitted development rights, is exempt.

Do these rules apply in Wales or Scotland?

The guidance describes England. Wales, Scotland and Northern Ireland have separate approaches that are not covered here.

Bottom line

Biodiversity net gain is a 10% requirement for most English planning permissions, but householder applications and permitted development, the usual routes for a conservatory, are exempt, alongside several other exemptions. Wildlife protection and other planning rules still apply separately. This is general information based on GOV.UK guidance; check the position with your local planning authority.

Sources

This guide draws on the following primary sources, current as of 20 September 2026:

• Ministry of Housing, Communities & Local Government via GOV.UK, “Biodiversity net gain” (planning practice guidance)

Related guides

Compare Conservatories is an independent guide. We may earn a fee from some links; this never affects what we write. This article is general information, not legal or planning advice on any specific property — always confirm requirements directly with your local planning authority.

Under the Access to Neighbouring Land Act 1992, which applies in England and Wales, a court can make an access order allowing a person to enter neighbouring land to carry out works that are reasonably necessary for the preservation of their own land, but only if the works cannot be done, or would be substantially more difficult, without that entry.

When an access order can be sought

Section 1 of the Access to Neighbouring Land Act 1992, which the legislation marks as applying in England and Wales, allows a person who wants to enter adjoining or adjacent land in order to carry out works to their own land, and who needs but does not have the consent of another person to do so, to apply to the court for an access order. Scotland and Northern Ireland are not covered by this Act. The starting point is that consent has been sought and refused; the Act is a last resort where the neighbour will not agree.

The two-part test and the limits

The court must make an access order if, and only if, it is satisfied that the works are reasonably necessary for the preservation of the whole or any part of the applicant’s land, and that they cannot be carried out, or would be substantially more difficult to carry out, without entry on the neighbouring land. It must refuse an order where the neighbour or anyone else would suffer interference with the use or enjoyment of their land, or hardship, to such a degree that it would be unreasonable to make the order.

Section 1(4) lists “basic preservation works”: maintenance, repair or renewal of any part of a building or structure on the applicant’s land, clearing, repairing or renewing drains, sewers, pipes or cables, dealing with damaged or diseased hedges, trees and shrubs, and filling in or clearing ditches. Repairing or renewing part of a conservatory therefore falls within the kind of work the Act describes, while entirely new building work is not within its wording. The court may treat works as necessary for preservation even if they incidentally involve some alteration, adjustment or improvement, or the demolition of part of a structure, if it considers it fair and reasonable.

What an order must and may contain

Under section 2, an access order must specify the works that may be carried out, the particular area of the neighbouring land that may be entered and the date or period of entry. The court can impose terms and conditions reasonably necessary to avoid or reduce loss, damage, injury, inconvenience or loss of privacy, including the manner of working, the days and hours of work, who may enter and precautions to be taken. It can also require the applicant to pay compensation for loss, damage, injury or substantial loss of privacy or inconvenience, to be insured against specified risks and to arrange a record of the condition of the neighbouring land.

The court may also order the applicant to pay the neighbour a sum by way of consideration for the privilege of entry, having regard to the financial advantage to the applicant and the inconvenience to the neighbour, but the Act says no such payment shall be ordered to the extent that the works are to residential land.

Duties while the works are done

Section 3 says an order authorises the applicant and their associates to enter the specified area without the neighbour’s consent, to bring on materials, plant and equipment and to leave them there during the permitted period, and to bring on waste that has to be removed from the applicant’s land through the neighbouring land. The applicant must remove waste from the neighbouring land forthwith, so far as reasonably practicable make it good before entry ends, and indemnify the neighbour against damage that would not have occurred but for the order, subject to any variation by the court. The applicant and associates are not treated as trespassers from the outset because of their later conduct.

Who is bound, and contracting out

Section 4 makes the order binding on the neighbour’s successors in title and on those who acquire an interest from the neighbour after the order, subject to land registration rules. It also provides that any agreement that would prevent a person from applying for an access order, or restrict the right to do so, is void to that extent. This Act is separate from the Party Wall etc. Act 1996, which deals with notices for building work on or near a shared boundary and is covered in another guide on this site.

FAQs

Can I use the Act to build a new conservatory from my neighbour’s garden?

The court must be satisfied the works are reasonably necessary for the preservation of the land, which is aimed at repair and maintenance rather than new construction, although incidental improvements can be allowed if fair and reasonable.

Will I have to compensate my neighbour?

The court can impose conditions including compensation for loss, damage or substantial inconvenience, and the applicant must indemnify against damage caused by the entry.

Does the Act apply in Scotland?

The legislation marks the Act as applying in England and Wales, and readers elsewhere should take local advice.

Bottom line

The Act offers a court route into a neighbour’s land only for works reasonably necessary to preserve the applicant’s own property, only where the works cannot be done or would be much harder otherwise, and subject to conditions and duties. Asking the neighbour first and recording agreement in writing is the ordinary course. This is general information about the statute, not legal advice.

Sources

This guide draws on the following primary sources, current as of 20 September 2026:

• legislation.gov.uk, “Access to Neighbouring Land Act 1992, section 1: Access orders”
• legislation.gov.uk, “Access to Neighbouring Land Act 1992, section 2: Terms and conditions of access orders”
• legislation.gov.uk, “Access to Neighbouring Land Act 1992, section 3: Effect of access order”
• legislation.gov.uk, “Access to Neighbouring Land Act 1992, section 4: Persons bound by access order, unidentified persons and bar on contracting out”

Related guides

Compare Conservatories is an independent guide. We may earn a fee from some links; this never affects what we write. This article is general information, not legal or planning advice on any specific property — always confirm requirements directly with your local planning authority.

In England, building regulations approval for work that does not involve a higher-risk building can be sought from the local council’s building control department or from a private registered building control approver, and the applicant must also choose between a full plans application and a building notice.

Two kinds of building control body

GOV.UK says that for building work that does not include a higher-risk building, approval can be sought from a local council, applying through the Planning Portal, or from a private registered building control approver. It also lists registered approvers in Wales as an option, and notes that Scotland and Northern Ireland have different rules. The Planning Portal describes a building control body as one that checks that building work meets the standards set in the building regulations, and says it is either the local authority, from which the applicant applies for approval from the council, or a registered building control approver, who notifies the local authority of the work by giving an “initial notice”.

How the routes differ in practice

The Planning Portal explains that if a registered building control approver is used, it takes responsibility for checking compliance during the work, usually by advising the client, but it has no formal enforcement powers. If a breach is not put right, the approver cancels its initial notice, which can return the work to the local authority, which then holds enforcement powers and takes over the function if no other approver accepts the work. A local authority has the general statutory duty to enforce the building regulations in its area.

GOV.UK adds that regularisation, retrospective approval for work already carried out without consent, can be obtained from a local authority building control body only. Because the choice affects who advises during the work and who holds enforcement powers if a problem arises, a householder should compare what each service includes before deciding.

Full plans or building notice

For work not involving a higher-risk building, GOV.UK says the applicant must choose the type of application. A full plans application is the most thorough option, with a decision expected within five weeks, or two months with the applicant’s consent, and a completion certificate usually within eight weeks of completion of the work if it complies. A building notice is only for smaller projects: work can start two days after the notice is submitted to the building control body, but there is no formal approval as there is with full plans.

When approval is not needed from the owner

GOV.UK states that building regulations approval is different from planning permission and that both may be needed. It also says an owner does not need to apply for approval where the work is exempt or not covered by the regulations, or where it is done by a tradesperson registered with a competent person scheme, which lets an installer such as a window or boiler fitter self-certify compliance and tell the local authority. The tradesperson gives a certificate within eight weeks of completion that can be used as evidence of compliance and will show in solicitors’ searches on a sale. GOV.UK says a homeowner can find registered tradespeople through the Competent Persons Register, and that competent person schemes have insurance-backed warranties and complaints procedures. Even without formal approval, safety and energy efficiency standards must be met. The rules on which conservatories are exempt are covered in a separate guide on this site.

Penalties, faulty work and higher-risk buildings

GOV.UK says the person doing the work could be prosecuted and fined if they do not comply with the regulations, that the relevant building control body may make the owner pay to fix faulty work, and that without approval the owner will not have the certificates of compliance needed on a sale. Higher-risk buildings, defined by GOV.UK as at least seven storeys or 18 metres high with at least two residential units, a hospital or a care home, need approval from the Building Safety Regulator instead, and are not relevant to a domestic conservatory.

FAQs

Must I use my council for building control?

No. GOV.UK says the applicant can choose the local council or a private registered building control approver for work that is not higher risk.

Which application type gives formal approval?

A full plans application, according to GOV.UK. A building notice is only for smaller projects and does not give formal approval.

Can a private approver regularise unauthorised work?

No. GOV.UK says regularisation is available from a local authority building control body only.

Bottom line

For a conservatory that needs Building Regulations approval in England, the choice is between the council and a private registered approver and between full plans and a building notice. Private approvers advise but cannot enforce, and only the council can regularise past work. A competent person scheme can remove the need for the owner to apply. This is general information, not advice on a specific project.

Sources

This guide draws on the following primary sources, current as of 20 September 2026:

• GOV.UK, “Building regulations approval”
• Planning Portal, “What is a building control body?”
• Planning Portal, “Failure to comply with the building regulations”

Related guides

Compare Conservatories is an independent guide. We may earn a fee from some links; this never affects what we write. This article is general information, not legal or planning advice on any specific property — always confirm requirements directly with your local planning authority.

In England, building work carried out without building regulations approval can be regularised through a retrospective application to the local authority, but the owner may be prosecuted, and councils have powers to serve notices requiring non-compliant work to be altered or removed.

What a regularisation certificate is

The Planning Portal says that where building work is carried out without building regulations approval being sought, the owner may be prosecuted, but a process called regularisation exists to help people who wish to have work approved. A regularisation application is a retrospective application for previously unauthorised works started on or after 11 November 1985. Its purpose is to regularise the works and obtain a certificate of regularisation. The Planning Portal states that exposure, removal or rectification of works may be necessary to establish compliance with the building regulations.

GOV.UK’s building regulations guidance for England adds that regularisation can only be applied for through a local authority building control body, not a private approver. The Planning Portal notes that a certificate is needed even where the work was done before the current owner bought the property, and that the level of detail required varies with the size of the breach, often including a description of the breach and plans if available. The fee varies with the extent of work, and the authority inspects the work to decide whether it complies or what must be done to make it comply. The Planning Portal refers to section 18 of the Building Regulations 2010.

Duties and criminal liability

The Planning Portal explains that where applicable, the client, designer and contractor each have a legal duty under section 2A of the Building Regulations 2010 to comply with the relevant requirements. Ignoring the requirements is a criminal offence that may lead to conviction, an unlimited fine and imprisonment. A local authority may prosecute in the magistrates’ court or the Crown Court under section 35 of the Building Act 1984, and there is no time limit on bringing such a prosecution. Action is usually taken against the person carrying out the work, but if a client has not appointed a designer or contractor, the legal duties fall back on the client.

Compliance notices, stop notices and section 36 notices

According to the Planning Portal, a local authority has a general duty to enforce the building regulations in its area and tries to do so informally wherever possible. It may issue a compliance notice within 12 months of a contravention, requiring non-compliant work to be remedied within a specified time, and a stop notice under section 36C of the Building Act 1984 where the contravention creates a risk of serious harm, meaning specified work cannot be completed until the breach is remedied. Ignoring either is a criminal offence.

Where work is completed without the appropriate building control application, the authority can serve a section 36 notice requiring the owner to pull down or remove the work or alter it to comply. A section 36 notice can be issued up to 10 years after the building work is completed, but not if the work accords with a valid full plans application. If the owner does not comply within 28 days, or a longer agreed period, the authority can remove or alter the work and recover the costs from the owner. Appeals against a section 35 or 36 notice can be made within 21 days to the appropriate court or tribunal.

Private approvers and enforcement

Where a registered building control approver provides the building control service, the Planning Portal says the approver is responsible for checking compliance during the work, usually by advising the client, but approvers have no formal enforcement powers. If the client, designer or contractor refuses to bring non-compliant work into compliance, the approver cancels the initial notice, which may return the work to the local authority. If no other approver takes it on, the local authority takes the building control function and then holds its enforcement powers.

Effect on selling the property

The Planning Portal warns that where the local authority or a registered approver considers building work non-compliant and it is not rectified, no completion or final certificate will be issued, which is likely to come to light in a local land search when the property is sold. GOV.UK likewise says that without approval the owner will not have the certificates of compliance that may be needed on a sale. Anyone who discovers past unauthorised work is advised to contact the local authority about a regularisation certificate.

FAQs

Can a private building control approver issue a regularisation certificate?

GOV.UK says regularisation can only be applied for through a local authority building control body.

Is there a time limit on enforcement?

Prosecution under section 35 of the Building Act 1984 has no time limit, according to the Planning Portal, while a section 36 notice can be issued up to 10 years after completion of the work.

Does this apply in Scotland or Northern Ireland?

The sources describe England. GOV.UK states that Scotland and Northern Ireland have different rules for building regulations.

Bottom line

Work built without building regulations approval is not beyond repair: a regularisation application to the local authority can lead to a certificate, sometimes after opening up or altering the work. Without it, the owner risks notices, prosecution and difficulties on sale. Contact the local authority building control team to discuss the position before applying. This is general information for England, not legal advice.

Sources

This guide draws on the following primary sources, current as of 20 September 2026:

• Planning Portal, “Regularisation”
• Planning Portal, “Failure to comply with the building regulations”
• GOV.UK, “Building regulations approval”

Related guides

Compare Conservatories is an independent guide. We may earn a fee from some links; this never affects what we write. This article is general information, not legal or planning advice on any specific property — always confirm requirements directly with your local planning authority.