Digging conservatory foundations in a former coalfield can meet old shafts, shallow workings or mine gas. The Mining Remediation Authority publishes guidance for home extensions, and it names conservatories specifically. Its guidance covers development high risk areas across England, Scotland and Wales; the separate planning and building control systems of each nation are not detailed here. This guide is general information, not engineering, legal or planning advice.

Checking whether your home is in a high risk area

The guidance says mining risks must be checked if a home is in a development high risk area, which includes many former coal mining areas across England, Scotland and Wales. It points to a free online map showing whether a property is in a high risk area, along with recorded mining information. Covered improvements include house extensions, conservatories, garages and outbuildings, driveways and patios, and garden structures.

The guidance adds that many home improvements in these areas do not need planning permission but could still require building regulations approval, and that mining risks should be considered for both. Whether a conservatory is exempt from the Building Regulations is a separate question, covered in this site’s guide to the exemption for conservatories.

Who is responsible

The homeowner is responsible for making sure the development is safe and stable, according to the guidance. The Mining Remediation Authority does not sign off or approve householder proposals and will not carry out investigatory or remedial safety work for the homeowner. It also says it is not consulted on householder developments as part of the planning process, but the local planning authority or building control body could still ask the homeowner to prove the development will be safe. The guidance recommends considering the risks at the earliest stage, ideally before a planning or building regulations application is submitted.

The hazards to consider

The listed hazards are mine entries (old shafts and tunnels), shallow mine workings, coal seam outcrops at the surface, opencast mining sites, ground fissures and break lines, mine gas and mine water. All must be given appropriate consideration in the proposals. On mine entries, the guidance says to avoid building over or close to them, and that building over or within the influencing distance of a mine entry can be dangerous. Its planning guidance adds that the Authority’s policy is that building over or close to mine entries should be avoided wherever possible, even after they have been capped.

Mine gas should be assessed by a qualified specialist where there is any risk, and the guidance calls a gas risk assessment prudent where a source, a pathway and a receptor could be present. The Authority does not carry out gas risk assessments.

Mining reports and risk assessments

The guidance distinguishes three products. A CON29M report gives basic conveyancing information for house purchases and should not be used to inform a coal mining risk assessment for development. A consultants’ report gives detailed technical information. A coal mining risk assessment is a professional assessment of the risks to the specific development.

The local planning authority or building control body can request a coal mining risk assessment if they consider it necessary. It must be prepared by a qualified professional who reviews all available information for the site. Separate planning guidance says householder development is on the list of application types for which the Authority, as statutory consultee, does not require one, while noting that a planning authority may consider other cases. See the guide to conservatory foundations for ground conditions more generally.

When a separate permit is needed

A permit from the Mining Remediation Authority is required before starting work if the development could disturb or enter coal seams, or affect historical coal mine workings or mine entries. The guidance says this includes digging foundations or putting in new drainage that could intersect the Authority’s property. Removing any coal during building work also needs an incidental coal agreement. These requirements exist alongside, not instead of, planning and building control.

Getting professional advice and reporting finds

The guidance recommends advice from someone who understands ground stability and mining hazards, with qualifications in geology, geotechnical engineering, mining engineering or structural engineering, and membership of a relevant professional body such as the Geological Society or the Institution of Civil Engineers. If mining features are discovered during work, the guidance says to call the Authority’s 24-hour hazard line immediately. Building control arrangements are explained in choosing building control.

FAQs

Does a conservatory in a coal mining area still need mining checks if it is permitted development?

The guidance says many improvements in high risk areas do not need planning permission but could still need building regulations approval, and mining risks should be considered for both.

Will the Mining Remediation Authority approve my conservatory?

No. The guidance says it does not sign off or approve householder development proposals.

Is a CON29M search enough?

The guidance says a CON29M report should not be used to inform a coal mining risk assessment for development.

When is a permit needed?

Before starting work if the development could disturb or enter coal seams or affect historical workings or mine entries, including digging foundations or drainage that intersects the Authority’s property.

The bottom line

In a former coal mining area, a conservatory carries mining considerations even where it needs no planning permission. The Mining Remediation Authority says the homeowner is responsible for safety and stability, that a permit is needed for work that could affect coal seams or mine workings, and that building over mine entries should be avoided. Checking the high risk area map and taking professional advice before design and foundation work is the guidance’s starting point.

Sources

This guide draws on the following sources, current as of 25 September 2026:

• GOV.UK, Mining Remediation Authority, “Home extensions and improvements in former coal mining areas”
• GOV.UK, Mining Remediation Authority, “Planning applications and Coal Mining Risk Assessments”

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.

A conservatory contract often involves a deposit and stage payments, so an installer’s insolvency can leave a customer with money paid and no conservatory. This guide summarises Insolvency Service guidance for people owed money by an insolvent company. It follows the guidance as written and does not separately cover the rules of Scotland or Northern Ireland. It is general information, not legal or financial advice.

What insolvency means for a customer

Guidance for creditors explains that a person or company is insolvent if they cannot pay their debts, and that anyone owed money is a creditor. A customer who has paid a deposit for work that is never done is therefore a creditor of the installer. The guidance states that if the company or person has no assets, the creditor will not get their money back.

Where a customer owes the installer money when it goes bust, the guidance says the debt still has to be paid, and the official receiver or insolvency practitioner will make contact.

How to check whether the company is in formal insolvency

The guidance says formal insolvency proceedings can be found by searching Companies House for a company liquidation or administration, or the Individual Insolvency Register for an individual who is bankrupt. It also lists the insolvency enquiry line and the public notices section of The Gazette. If the trader is a partnership, the individual partners have personal responsibility for the debt, whereas the partners in a limited liability partnership, like company directors, have no personal liability.

Before signing, the checks described in this site’s guide to choosing an installer and to installer guarantees matter more, because recovery after the event is uncertain.

If you paid by credit card

The guidance says that where someone paid for an item by credit card, they should contact the card company, which might be able to help. If they get all their money back from the card company, they stop being a creditor of the insolvent business and cannot use the creditor process to claim the money again. Whether the card company has liability depends on the agreement and the amounts involved; see this site’s guide to Section 75 and lender joint liability.

For payments made another way, the guidance says the customer must be added to the list of creditors by contacting the official receiver or the insolvency practitioner dealing with the case.

Claiming as a creditor

The official receiver or insolvency practitioner should contact known creditors and ask them to complete a proof of debt. A creditor who has not been contacted but knows of the insolvency can contact the official receiver, or the insolvency practitioner where one is dealing with an administration, voluntary liquidation or compulsory liquidation. As a known creditor, the customer will normally receive a report on the assets, liabilities and circumstances of the insolvency; the guidance says this can take up to 12 weeks after initial enquiries.

The guidance stresses that creditors should keep their contact details up to date, and that if a dividend is to be paid, submitting a proof of debt at that stage is the last chance, since otherwise the right to share in the money may be lost. Creditors owed under £1,000 may not be asked for a proof of debt but would still receive a payment.

Where a customer ranks and how much may be paid

Proceeds of sold assets go first to the fees and charges of the liquidation, then to preferential creditors such as wages owed and occupational pension contributions, then to any creditor holding a floating charge, and only then to all unsecured creditors. A customer’s deposit claim generally sits with the unsecured creditors. If full repayment is not possible, unsecured creditors receive a dividend in proportion to their claims. The guidance says that if there are few assets, a creditor may receive nothing, and that it can take weeks, months or years to sell assets.

Court action against the installer

According to the guidance, unsecured creditors cannot take action against a company after the date of an insolvency order without the court’s consent, and after obtaining consent they must submit the claim to the liquidator. A separate claim against the installer is therefore not a way around the process; the ordinary route is described in the guide to county court claims.

FAQs

Will I get my conservatory deposit back if the installer goes bust?

Not necessarily. The guidance says a creditor receives nothing if there are no assets, and otherwise a proportionate dividend after fees and higher-ranking creditors are paid.

Should I contact my credit card company?

The guidance says a card company might be able to help where an item was paid for by credit card, and that a full refund from the card company ends the customer’s status as a creditor.

How do I find out who is dealing with the insolvency?

The guidance points to Companies House for a company liquidation or administration, the Individual Insolvency Register for bankruptcies, and The Gazette notices.

Do I still owe the remaining contract balance?

The guidance says a customer who owes money to an insolvent business still has to pay it, and the official receiver or practitioner will make contact.

The bottom line

If a conservatory installer becomes insolvent, a customer with a deposit paid is generally an unsecured creditor and may recover only a share, or nothing, depending on the assets. Contacting the card company where credit card payment was used, registering as a creditor with the official receiver or insolvency practitioner, and keeping the balance obligations in mind are the steps set out in the guidance. Careful checks before signing reduce the exposure.

Sources

This guide draws on the following sources, current as of 25 September 2026:

• GOV.UK, Insolvency Service, “If an insolvent company or bankrupt person owes you money”
• GOV.UK, Insolvency Service, “Claim money back from a bankrupt person or company in compulsory liquidation: detailed guidance for creditors”

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.

Householders in England often assume a conservatory can go up under permitted development. That assumption can fail for a house whose original planning permission carried a condition withdrawing those rights. This guide summarises the legislation and government guidance on such conditions in England. Scotland, Wales and Northern Ireland have separate orders and are not covered. It is general information, not legal or planning advice.

How a condition can override permitted development

Article 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 grants permission for the classes of development in Schedule 2, subject to any relevant exception, limitation or condition specified there. Article 3(4) adds that nothing in the Order permits development contrary to any condition imposed by a planning permission granted under Part 3 of the 1990 Act, other than by the Order itself.

In plain terms, if the permission for the house, or for the estate it belongs to, includes a condition removing the rights for extensions or outbuildings, the general permission for a conservatory does not apply and a planning application is needed. A condition is a matter of the individual permission, whereas an Article 4 direction is a separate council power exercised over a defined area.

What government guidance says about these conditions

Planning Practice Guidance on conditions states that conditions restricting the future use of permitted development rights may not pass the test of reasonableness or necessity. It says the scope of such a condition must be precisely defined, by reference to the relevant provisions of the 2015 Order, so it is clear exactly which rights have been limited or withdrawn. Area-wide or blanket removal of freedoms to carry out small-scale domestic alterations that would otherwise not need an application is described as unlikely to meet the tests. The guidance notes that a council instead has Article 4 powers where justified.

A condition that refers only vaguely to “extensions” without naming the classes, in other words, invites the question whether it is precise enough. Whether a particular wording is valid is a legal question for the specific permission.

The six tests every condition must meet

The guidance repeats the National Planning Policy Framework list of six tests, each of which must be satisfied for each condition. A condition must be necessary, relevant to planning, relevant to the development to be permitted, enforceable, precise and reasonable in all other respects. It also says clear and precise reasons must be given for the imposition of every condition, so the decision notice should explain why the rights were withdrawn.

Finding out whether your house is affected

Any such condition appears on the decision notice for the original planning permission, and the guidance says clear and precise reasons must be given for every condition. The council can confirm what applies to a given address, and a lawful development certificate is the formal route to certainty about what is lawful. Covenants in the title deeds are a different matter, as explained in the guide to restrictive covenants.

Removing or changing a condition

Government guidance sets out what an applicant can do if they do not want to be subject to a condition. One route is an application to the council under section 73 of the Town and Country Planning Act 1990 to remove or change it. On such an application, the council must consider only the disputed conditions, not the whole permission. A refusal of a section 73 application can be appealed to the Secretary of State, who will also consider only the conditions in question. The original permission continues to exist whatever the outcome.

The other route is an appeal against the grant of permission subject to conditions. For householder applications, the guidance says the appeal must be received within 12 weeks of the date of the decision notice. That route carries a risk: the Planning Inspector re-determines the whole application, not just the condition, so the permission could in principle be refused.

Building in breach of a condition

Development carried out in breach of conditions may be subject to enforcement action by the council. Retrospective permission can be sought under section 73A of the 1990 Act. The consequences are covered in this site’s guide to retrospective planning permission, and the safest sequence is to check the position before ordering.

FAQs

Can a planning condition really take away my right to build a conservatory?

Yes. Article 3(4) of the 2015 Order says the Order does not permit development contrary to a condition imposed on a planning permission, so a properly imposed condition can require an application.

Can a council remove rights across a whole estate by condition?

Guidance says area-wide or blanket removal of small-scale domestic freedoms is unlikely to meet the tests of reasonableness and necessity, and that Article 4 powers exist for area-wide withdrawal where justified.

How long do I have to appeal against a condition on a householder permission?

Guidance says an appeal must be received within 12 weeks of the date on the decision notice for householder applications.

Does a section 73 application reopen the whole permission?

No. The council must consider only the disputed conditions, and the original permission continues to exist.

The bottom line

A conservatory that would normally be permitted development can still need an application if a planning condition on the house’s original permission withdraws those rights. Article 3(4) of the 2015 Order gives such a condition effect, while government guidance says it must meet the six tests and be precisely drafted. Checking the decision notice first, and using a section 73 application or an appeal where a condition is disputed, keeps the process orderly.

Sources

This guide draws on the following sources, current as of 25 September 2026:

• legislation.gov.uk, “The Town and Country Planning (General Permitted Development) (England) Order 2015, article 3”
• GOV.UK, “Use of planning conditions” (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.

Most conservatories in England are built under permitted development and never reach a planning officer, but where an application is needed, neighbours are invited to comment. Not every objection carries weight in the decision. This guide summarises what government planning guidance says about consultation and material considerations in England. Scotland, Wales and Northern Ireland run their own planning systems and are not covered. It is general information, not legal or planning advice.

Who can comment on an application

Government guidance on consultation states that anyone can respond to a planning consultation. That includes neighbours directly affected as well as community groups and interest groups. Before a decision is made, the council must run a formal period of public consultation under the Development Management Procedure Order.

The guidance says the comment period is set out in the publicity that accompanies the application and will be not less than 21 days, or 14 days where a notice is published in a newspaper. For an application that is not a major development, which would include a typical householder conservatory scheme, the statutory publicity table lists a site notice or a neighbour notification letter, plus publication on the council’s website. Councils have discretion to do more, and their Statement of Community Involvement may set out further detail.

Timing of comments

The same guidance says comments should be made before the statutory deadline so that they are taken into account. A council may, at its discretion, consider comments received after the closing date, but it has no obligation to do so. The council also may not determine the application before the consultation period has expired, and it must add a day for each public holiday in the prescribed circumstances listed in the guidance.

What counts as a material planning consideration

Guidance on determining planning applications defines a material planning consideration as one that is relevant to the decision in question, such as whether to grant or refuse permission. It says the scope of what can be material is very wide, so the courts often do not say what cannot be. Even so, the courts have generally taken the view that planning is concerned with land use in the public interest.

On that basis, the guidance says the protection of purely private interests, such as the effect of a development on the value of a neighbouring property or the loss of private rights to light, could not be material considerations. A neighbour whose main worry is a fall in property value therefore raises a point the council is not expected to weigh. The separate legal route on light is explained in this site’s guide to right to light.

Weight and the development plan

The guidance draws a clear line between whether a consideration is material and how much weight it deserves. Provided the decision maker has regard to all material considerations, it is for the decision maker to decide the weight of each, and the courts will not generally interfere with weight, subject to a test of reasonableness.

Decisions must also be taken in accordance with the development plan unless material considerations indicate otherwise, citing section 70(2) of the Town and Country Planning Act 1990 and section 38(6) of the Planning and Compulsory Purchase Act 2004. The National Planning Policy Framework is described as a material consideration where relevant. A council may depart from development plan policy where material considerations indicate that the plan should not be followed.

How opposition is treated

Where councillors decide an application, the guidance says they must keep an open mind and may take into account only material planning considerations, which can include public views where those relate to relevant planning matters. It adds that local opposition or support is not in itself a ground for refusing or granting permission unless it is founded on valid material planning reasons. The number of objection letters therefore does not decide the outcome; the planning substance within them matters. Many councils delegate simpler applications to officers, and the guidance says delegation arrangements are a matter for each council.

If the applicant disagrees with the outcome

A refusal can be challenged by the applicant through the appeal route described in this site’s guide to householder planning applications. Where a conservatory falls within permitted development and needs no application, neighbours are not consulted in the same way, although the party wall process may still apply; see the Party Wall Act guide.

FAQs

Can anyone object to a neighbour’s conservatory application?

Government guidance says anyone can respond to a planning consultation, but the council can weigh only material planning considerations in its decision.

Is a drop in my property’s value a valid objection?

Guidance says the courts have generally taken the view that the impact on the value of a neighbouring property is a purely private interest that could not be a material consideration.

Does a large number of objections stop a conservatory?

No. According to the guidance, local opposition is not in itself a ground for refusal unless it is founded on valid material planning reasons.

Can I comment after the deadline?

A council may, at its discretion, take late comments into account but has no obligation to do so.

The bottom line

Neighbours can comment on an English planning application, and a council must consult before deciding. The council may weigh only material planning considerations, which concern land use in the public interest, not property values or private rights to light. Comments made within the consultation period and focused on planning substance are the ones most likely to influence the outcome, and the weight given to each point is the decision maker’s judgement.

Sources

This guide draws on the following sources, current as of 25 September 2026:

• GOV.UK, “Consultation and pre-decision matters” (Planning Practice Guidance)
• GOV.UK, “Determining a planning application” (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.

A conservatory supply-and-fit contract is a mixed contract: the installer supplies goods (frames, glazing units, roof panels, doors) and also installs them. Chapter 2 of Part 1 of the Consumer Rights Act 2015 covers the goods, and the separate services rules are covered in this site’s guide to substandard installations. This guide summarises the sections on goods as they appear on legislation.gov.uk. The text carries no nation-specific marking for the sections read, but court routes differ between England and Wales, Scotland and Northern Ireland and are not covered. It is general information, not legal advice.

A goods and installation contract

Section 1 of the Act says Part 1 applies where a trader agrees to supply goods, digital content or services to a consumer under a contract, and that each relevant chapter applies even where a contract also covers something under another chapter, described as a mixed contract. A conservatory order can therefore engage the goods chapter and the services chapter at the same time.

Section 15 deals with goods and installation. Goods do not conform to the contract if installation forms part of the contract, the trader installs them or they are installed under the trader’s responsibility, and they are installed incorrectly. A frame or roof unit that is sound when it leaves the factory but is fitted badly is therefore treated as non-conforming goods.

The terms treated as part of the contract

Section 9 treats every contract to supply goods as including a term that the quality is satisfactory, meaning the standard a reasonable person would consider satisfactory taking account of any description, the price and all other relevant circumstances. Quality includes state and condition and, in appropriate cases, fitness for all purposes for which such goods are usually supplied, appearance and finish, freedom from minor defects, safety and durability.

Section 10 adds a term about fitness for a particular purpose. If the consumer made a purpose known to the trader before the contract was made, the goods must be reasonably fit for it, unless the circumstances show the consumer did not rely, or could not reasonably rely, on the trader’s skill or judgment. Section 11 requires goods supplied by description to match the description, and treats the trader’s information about the main characteristics of the goods as a term of the contract. A change to that information is not effective unless the consumer and trader expressly agree it.

What the consumer can ask for

Under section 19, if goods do not conform because of a breach of sections 9, 10 or 11, the consumer’s rights are the short-term right to reject, the right to repair or replacement, and the right to a price reduction or the final right to reject. If goods do not conform under section 15 (incorrect installation) or because of a breach of requirements stated in the contract, the consumer has the right to repair or replacement and the right to a price reduction or the final right to reject. The short-term right to reject is not listed for those two situations.

Section 22 sets the time limit for the short-term right to reject at the end of 30 days beginning with the first day after ownership has transferred, the goods have been delivered, and, where the contract requires the trader to install the goods, the trader has notified the consumer that the action has been taken. Section 19(14) adds that goods which do not conform at any time within six months of delivery must be taken not to have conformed on that day, subject to the exceptions in section 19(15).

Repair, replacement and price reduction

Under section 23, if the consumer requires repair or replacement, the trader must do so within a reasonable time and without significant inconvenience to the consumer, and bear the necessary costs, including labour and materials. The consumer cannot require a remedy that is impossible or disproportionate compared to the other. Section 23(6) provides that a consumer who requires or agrees to a repair cannot require replacement, or exercise the short-term right to reject, without giving the trader a reasonable time to repair, unless that would cause significant inconvenience.

Section 24 sets out the right to a price reduction, which may where appropriate be the full price, and it provides that a consumer with both that right and the final right to reject may exercise only one. Section 19(9) adds that the chapter does not prevent a consumer seeking other remedies, though not so as to recover twice for the same loss.

Practical steps for a homeowner

A homeowner can keep the order form, specification and brochure, because section 11 makes the trader’s description of the goods’ main characteristics part of the contract. Where the fault is fitting rather than the goods, the services rules apply as well. If a resolution route is needed, the guide to resolving a dispute without court covers consumer codes and ombudsman schemes.

FAQs

Does the 30-day short-term right to reject apply to a badly fitted conservatory?

Section 19 lists the short-term right to reject for breaches of sections 9, 10 and 11, but not for incorrect installation under section 15, where repair or replacement and price reduction or final rejection are listed.

Does the six-month presumption apply?

Section 19(14) treats goods that do not conform within six months of delivery as non-conforming on delivery, subject to the exceptions in section 19(15).

Is a conservatory a goods contract or a services contract?

Section 1 says a contract can be a mixed contract, so both the goods and services chapters can apply to the same conservatory order.

The bottom line

The Consumer Rights Act 2015 treats a conservatory supply-and-fit contract as a mixed contract, so the goods rules apply alongside the services rules. Satisfactory quality, fitness for a purpose made known and matching the description are treated as terms of the contract, and incorrect installation makes the goods non-conforming. The remedies and time limits in sections 19 to 24 depend on which term was breached.

Sources

This guide draws on the following sources, current as of 25 September 2026:

• legislation.gov.uk, “Consumer Rights Act 2015, section 1: Contracts covered by this Part”
• legislation.gov.uk, “Consumer Rights Act 2015, section 9: Goods to be of satisfactory quality”
• legislation.gov.uk, “Consumer Rights Act 2015, section 15: Installation as part of conformity of the goods with the contract”
• legislation.gov.uk, “Consumer Rights Act 2015, section 19: Consumer’s rights to enforce terms about goods”
• legislation.gov.uk, “Consumer Rights Act 2015, section 22: Time limit for short-term right to reject”

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.

A conservatory base means excavation, plant and sometimes lighting close to the garden boundary, and a sett in a hedge bank or under a shed can be affected. This guide sets out the Protection of Badgers Act 1992, which extends to England, Wales and Scotland, and two Natural England pages that apply to England only. Scotland and Wales have their own licensing bodies and guidance, which are not covered here. It is general information, not ecological or legal advice.

What the Act protects

Section 3 of the Protection of Badgers Act 1992 makes it an offence to interfere with a badger sett by damaging it or any part of it, destroying it, obstructing access to or any entrance of it, causing a dog to enter it, or disturbing a badger when it is occupying it. The offence requires an intention to do one of those things, or recklessness about whether the actions would have those consequences. A person who knowingly causes or permits such an act is also guilty of an offence.

Natural England’s guidance for England describes badgers and their setts, the tunnels and chambers where they live, as protected by law. It says a person found guilty of intentionally capturing, killing or injuring a badger, damaging, destroying or blocking access to a sett, or disturbing badgers in a sett could be sent to prison for up to 6 months and receive an unlimited fine.

Groundwork that can affect a sett

The same guidance lists activities that can harm badgers, and several are ordinary parts of a building project: noise, additional lighting or vibration, pile driving, lighting fires, using chemicals, excavation and tree felling. A conservatory plot next to a wooded boundary or an embankment is therefore a place where these checks are worth making before the digger arrives.

Natural England’s standing advice for planning decisions adds that badgers could be affected by damage to setts, loss or isolation of setts, loss of foraging areas and disturbance while they are occupying setts from noise, lights, vibration, fires or chemical use. That advice is aimed at local planning authorities, but it shows what an authority may look for in an application where badgers are known to be present. It also says the absence of a record does not mean there are no badgers, because it may only mean no survey data exists for that location.

When a licence may be needed

The England guidance says that in most cases badgers and setts should be avoidable, and that a person who cannot avoid disturbing badgers in a sett, or damaging or blocking a sett, can apply to Natural England for a licence. Applicants must show they have tried everything else possible, and expert help is needed for a licence application connected to a development project. The standing advice says a developer may need a licence before starting work if they exclude a badger from a sett, disturb a badger, or damage or remove a sett.

The guidance also says a licence is usually not needed for work with hand tools or machinery above or below ground near a sett, or for clearing vegetation near setts, provided it is unlikely to disturb a badger in its sett or damage the sett and small trees or shrubs are not uprooted or used to block access. Natural England will consider the existing level of disturbance around a sett when deciding if a licence is needed. Whether a proposed job falls within these limits is a judgement for a qualified ecologist, not the homeowner.

Avoidance measures the advice lists

For larger projects the standing advice lists measures a proposal could include: keeping heavy machinery and excavation work away from setts, avoiding artificial lighting around setts, retaining vegetation around setts to provide cover, avoiding noise and vibration near active setts, and avoiding activity between dusk and dawn when badgers are most active. It also says mitigation should not include moving badgers off a site (translocation), because that could risk the spread of bovine tuberculosis or affect the badger’s welfare.

Where surveys are asked for, the standing advice says they should identify whether badgers use the site and the surrounding area, and where setts are and of what type, and that they should be kept confidential to avoid ill-treatment of badgers. It also advises checking that the ecologist is qualified and experienced in badger surveys.

What to ask before groundwork

A homeowner who suspects a sett can ask the installer to pause and can seek a qualified ecologist’s view. The installer’s survey and contract steps are covered in the guide to choosing a conservatory installer, and the guide to bats and other protected species covers a separate species and licensing regime.

FAQs

Can I fill in a hole I think is a badger sett?

Blocking access to a sett is an offence under section 3 of the 1992 Act if done intentionally or recklessly, so an ecologist should confirm what a hole is before anything is done to it.

Does the Natural England advice apply in Scotland or Wales?

The two Natural England pages apply to England. The 1992 Act itself extends to England, Wales and Scotland.

Do I need a licence to dig a shallow trench near a sett?

The England guidance says a licence is usually not needed for hand tools or machinery near a sett if disturbance or damage is unlikely, but that is a judgement for a qualified ecologist.

The bottom line

Badgers and their setts are protected by the Protection of Badgers Act 1992, and building groundwork such as excavation, noise, light and vibration can disturb them. In England, Natural England can licence unavoidable interference, and its guidance points to expert surveys and avoidance measures. A homeowner who suspects a sett near a conservatory site should raise it before work starts.

Sources

This guide draws on the following sources, current as of 25 September 2026:

• legislation.gov.uk, “Protection of Badgers Act 1992, section 3: Interfering with badger setts”
• Natural England and Defra, “Badgers: protection and licences” (GOV.UK, last updated 29 March 2015)
• Natural England, “Badgers: advice for making planning decisions” (GOV.UK, last updated 7 April 2025)

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.

Digging a conservatory base disturbs the ground, and disturbed knotweed rhizome can regrow. This guide sets out what GOV.UK guidance for England says about Japanese knotweed on land and in soil, and how section 14 of the Wildlife and Countryside Act 1981 applies in England and Wales. Scotland and Northern Ireland have separate guidance and, for Scotland, a differently worded section 14. This is general information, not legal or technical advice.

Where the law stands on a garden with knotweed

The Environment Agency, Defra and Natural England guidance for England says a landowner does not legally have to remove Japanese knotweed from their land unless it is causing a nuisance, but they must stop it spreading off the property and can be prosecuted for causing it to spread into the wild. The same guidance notes that soil or plant material contaminated with non-native invasive plants can cause ecological damage and may be classified as controlled waste.

The offence sits in section 14 of the Wildlife and Countryside Act 1981. In England and Wales, section 14(2) makes it an offence for a person to plant, or otherwise cause to grow in the wild, any plant included in Part II of Schedule 9 to the Act. Section 14(3) provides a defence for a person who took all reasonable steps and exercised all due diligence to avoid committing the offence. The Scottish version of section 14 is worded differently, and refers to plants grown in the wild outside their native range.

Why a conservatory project raises the stakes

The GOV.UK guidance explains that knotweed spreads by direct rhizome (root) growth and by new growth from stem and rhizome fragments, and that a new plant can grow from a piece of rhizome as small as 1cm. It also says the rhizome can remain dormant in the soil for many years and will regrow if disturbed or if the soil is relocated. Excavating for footings, drains or a service trench is therefore the kind of activity that can move fragments around a site or off it.

The guidance identifies man-made habitats such as roadsides, waste ground and railway embankments as places where knotweed commonly grows, and it is also found along rivers and streams. It does not say gardens are exempt, so a plot with a stand of knotweed near the planned footprint is a matter to raise before groundwork starts.

Treatment and disposal options on site

The guidance advises against treating knotweed without the appropriate skills and experience, and points to specialist companies. Chemical treatment by spraying or injecting stems can be effective, but only approved herbicides may be used, repeat applications are needed, and it usually takes at least 3 years to treat Japanese knotweed. Depending on the location, a certificate of competence, a Control of Substances Hazardous to Health assessment, Natural England permission for protected areas or Environment Agency agreement near water may be required.

Where knotweed is buried, the Environment Agency must be notified at least one month beforehand. The material must be buried on the site it came from, at a depth of at least 5 metres if no geotextile membrane is used, or at least 2 metres if the material is sealed in a membrane. A membrane must be undamaged, securely sealed, ultraviolet resistant and expected to remain intact for 50 years. Dead brown canes can be composted on site if they are cut, not pulled, at least 10cm above the crown.

For burning, the guidance warns that crowns and rhizomes may survive, so burnt material still needs burial or off-site disposal.

Taking soil away from the site

Where the material cannot be dealt with on site, the guidance says it must go to a landfill site or incineration facility with the correct type of permit, using a registered waste carrier, and the Environment Agency must be told where it was sent. Knotweed waste must not be disposed of with other surplus soil, soil contaminated with knotweed must not be sold as topsoil, and contaminated soil can be reused only after treatment on the site where it grew. A waste licensing exemption cannot be obtained for the use of Japanese knotweed.

These are rules for the person managing the waste, so when a conservatory installer is removing spoil, a homeowner can ask who is responsible and whether they use a registered carrier.

What to ask the installer

Before groundwork, a homeowner can confirm whether the survey looked at the wider garden, whether the installer has a plan for any suspected knotweed, and who will pay for specialist treatment. The wider survey and contract questions are in the guide to choosing a conservatory installer, and ground questions are in the guide to conservatory foundations. The GOV.UK guidance lists accreditations to look for in a specialist contractor: Amenity Forum membership and BASIS registers. It also notes that many such companies belong to the Invasive Non-Native Specialists Association or the Property Care Association.

FAQs

Do I have to remove knotweed before building a conservatory?

The England guidance says there is no legal duty to remove Japanese knotweed from your land unless it is causing a nuisance, but it must not spread off the property or into the wild.

Can I dig the soil out and put it in a skip?

The guidance says knotweed waste must not be disposed of with other surplus soil, and it must go to a permitted site through a registered waste carrier.

Does this apply in Wales or Scotland?

The GOV.UK page applies to England and links separate guidance for Scotland, Wales and Northern Ireland. Section 14 is worded differently in Scotland.

The bottom line

In England, Japanese knotweed in a garden does not have to be removed, but it must not spread, and soil contaminated with it can be controlled waste. Digging foundations near a stand of knotweed is the moment to bring in a specialist and plan disposal in advance. Section 14 of the Wildlife and Countryside Act 1981 makes causing a listed plant to grow in the wild an offence in England and Wales, subject to a due-diligence defence.

Sources

This guide draws on the following sources, current as of 25 September 2026:

• Environment Agency, Defra and Natural England, “How to stop Japanese knotweed from spreading” (GOV.UK, last updated 12 February 2026)
• legislation.gov.uk, “Wildlife and Countryside Act 1981, section 14: Introduction of new species etc.”

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.

A conservatory project generates rubble, packaging and old materials, and the crew may need scaffolding to work on an existing wall or roofline. If a skip or scaffold has to stand on the public road or pavement rather than the drive, separate highway rules apply. This guide explains sections 139, 140 and 169 of the Highways Act 1980, which the legislation marks as extending to England and Wales, as they stand on legislation.gov.uk in September 2026. Scotland and Northern Ireland have their own roads legislation, which is not covered here. It is general information, not legal advice.

A skip on the highway needs permission

Section 139(1) states that a builders’ skip must not be deposited on a highway without the permission of the highway authority for that highway. A “builder’s skip” is defined in section 139(11) as a container designed to be carried on a road vehicle and placed on a highway or other land for storing builders’ materials, or for removing and disposing of builders’ rubble, waste, household and other rubbish or earth. A skip taken away after a conservatory base has been dug therefore falls within the definition.

Conditions and the skip owner’s duties

Section 139(2) allows the authority to grant permission unconditionally or with conditions covering the siting of the skip, its dimensions, the way it is painted so oncoming traffic can see it, the care and disposal of its contents, how it is lit or guarded, and its removal when the permission ends. Where permission has been granted, section 139(4) says the owner of the skip must ensure that it is properly lit during the hours of darkness, that it is clearly and indelibly marked with the owner’s name and a telephone number or address, that it is removed as soon as practicable after it has been filled, and that each condition of the permission is met.

The “owner” is normally the skip hire company, and for a hire agreement of one month or more it is the person in possession of the skip. A homeowner can ask the hire company before delivery whether permission has been granted.

Offences and removal on request

Depositing a skip without permission is an offence for the skip owner under section 139(3), with a fine of up to level 3 on the standard scale. Failing to meet the section 139(4) duties carries the same maximum. The legislation also records that subsections (3) to (7) cease to have effect in part in London under the London Local Authorities and Transport for London Act 2013, so London boroughs can operate a different local regime.

Section 140 applies even where permission was granted. The highway authority, or a constable in uniform, may require the skip owner to remove or reposition the skip, and section 140(3) makes failing to comply as soon as practicable an offence, again with a maximum fine at level 3.

Scaffolding: a written licence

Section 169(1) says that nobody may, in connection with building or demolition work or the alteration, repair, maintenance or cleaning of a building, erect or retain on or over a highway any scaffolding or other structure that obstructs the highway unless authorised by a written licence from the highway authority, and complying with its terms. The licence may contain any terms the authority thinks fit.

Under section 169(2), an authority that receives an application with the particulars it reasonably demands must issue the licence unless it considers that the structure would cause unreasonable obstruction, or that a differently erected structure would cause less obstruction and could conveniently be used for the work. An applicant refused a licence, or given terms they object to, may appeal to a magistrates’ court under section 169(3).

Under section 169(4) the licence holder must also ensure the structure is adequately lit between half an hour after sunset and half an hour before sunrise. Breaching the section without a licence, or failing without reasonable excuse to comply with its terms or duties, is an offence under section 169(5), with a fine of up to level 5 on the standard scale.

What to ask the installer

A homeowner can ask the installer whether the plan needs a skip or scaffold on the road, who applies for the permission or licence, and how long it lasts. The wider checks are in the guide to choosing a conservatory installer. Where the plot adjoins the road, the guide to building near a public highway covers a different set of highway questions, and noise conditions on the site are covered in the guide to noise from building work.

FAQs

Do I need permission for a skip on my own driveway?

Section 139 concerns skips deposited on a highway. A skip wholly on private land is outside that section.

Who is responsible if the skip has no permission?

Section 139(3) makes the skip owner liable, and section 139(5) provides that another person whose act or default caused the offence can also be guilty.

Does a scaffold on my own land need a licence?

Section 169 applies to scaffolding or structures erected or retained on or over a highway that obstruct it. Scaffolding wholly within the property boundary is outside that section.

The bottom line

In England and Wales, a builders’ skip on a highway needs the highway authority’s permission under section 139 of the Highways Act 1980, and obstructive scaffolding on or over a highway needs a written licence under section 169. Both come with conditions on lighting and marking, and both carry offences. This is general information, not legal advice on any specific site.

Sources

This guide draws on the following primary sources, current as of 25 September 2026:

• legislation.gov.uk, “Highways Act 1980, section 139: Control of builders’ skips”
• legislation.gov.uk, “Highways Act 1980, section 140: Removal of builders’ skips”
• legislation.gov.uk, “Highways Act 1980, section 169: Control of scaffolding on highways”

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.

Building a conservatory involves cutting, drilling and excavation, and neighbours may hear it. The law gives councils tools to manage construction noise. Section 60 of the Control of Pollution Act 1974 lets a council serve a notice on how works are carried out, section 61 lets a builder apply in advance for consent, and statutory nuisance rules in the Environmental Protection Act 1990 can also apply. This guide describes those provisions for England and Wales as they stand on legislation.gov.uk in September 2026, and is general information, not legal advice on a particular dispute.

Works covered by section 60

Section 60(1) says the section applies to the erection, construction, alteration, repair or maintenance of buildings, structures or roads, breaking up, opening or boring under any road or adjacent land, demolition or dredging work and any work of engineering construction. Building or altering a conservatory falls within the first description, and removing an old one within demolition, which is covered in the guide to removing an old conservatory. The section does not itself fix a national set of working hours. Instead it gives the local authority power to set requirements for particular works.

What a section 60 notice can require

Where it appears to a local authority that works to which the section applies are being carried out, or are going to be, on any premises, it may serve a notice imposing requirements as to the way the works are carried out. Section 60(3) says the notice may specify the plant or machinery to be used or not used, the hours during which the works may be carried out, and the level of noise that may be emitted from the premises, at a specified point or during specified hours. The council must have regard to the need to use the best practicable means to minimise noise and to protect people in the locality.

The notice is served on the person who appears to be carrying out the works and on others the council thinks fit who are responsible for or control the works. The recipient may appeal to a magistrates’ court within 21 days from service under section 60(7). Contravening a requirement without reasonable excuse is an offence under section 60(8).

Prior consent under section 61

Section 61 allows a person who intends to carry out such works to apply to the local authority for consent in advance. The application must contain particulars of the works and the method, and of the steps proposed to minimise noise. If building regulations approval is required, the application must be made at the same time as or later than that request. The council must give consent if it considers the application contains sufficient information and that, if the works follow it, the council would not serve a section 60 notice. It may attach conditions, limit the duration and allow for changes in circumstances, and it must tell the applicant its decision within 28 days of receipt. Section 61(7) gives a right to appeal to a magistrates’ court within 21 days where consent is not given in time or is conditional. A consent does not of itself give a defence to proceedings under section 82 of the Environmental Protection Act 1990, according to section 61(9).

Statutory nuisance for noise

Under section 79(1)(g) of the Environmental Protection Act 1990, noise emitted from premises so as to be prejudicial to health or a nuisance is a statutory nuisance, and section 79(1)(ga) covers noise of that kind emitted from or caused by a vehicle, machinery or equipment in a street. The council must take reasonably practicable steps to investigate a complaint from a person living in its area. Under section 80, where it is satisfied that a noise nuisance exists or is likely to occur or recur, the council must either serve an abatement notice or take other steps to persuade the responsible person to abate it. If those steps do not work within a seven-day period, an abatement notice must follow. A person served with an abatement notice can appeal to a magistrates’ court within 21 days, and failing without reasonable excuse to comply is an offence.

What a homeowner can do

A homeowner who has commissioned a conservatory can ask the installer how noise will be managed, whether the council has served a notice or given consent, and what hours the crew works. The duties of a homeowner as a client are explained in the guide to domestic clients and CDM 2015, and the choice of installer is covered in the guide to choosing a conservatory installer. A neighbour who is affected can complain to the council under the statutory nuisance rules described above. Boundary and party wall questions are separate, as explained in the guide to the Party Wall Act 1996.

FAQs

Is there a legal limit on the hours a builder can work?

Section 60 does not set fixed hours. It allows a local authority to specify hours in a notice for particular works, so the position depends on any notice or consent for the site.

Can I appeal a council notice about building noise?

Yes. Section 60(7) provides for an appeal to a magistrates’ court within 21 days from service of the notice.

Does prior consent stop a neighbour complaining about a noise nuisance?

Not by itself. Section 61(9) says a consent does not of itself constitute a defence to statutory nuisance proceedings under section 82 of the Environmental Protection Act 1990.

The bottom line

In England and Wales, a council can serve a notice under section 60 of the Control of Pollution Act 1974 specifying plant, working hours and noise levels for building works, and a builder can apply in advance for consent under section 61. Noise from premises can also be a statutory nuisance under the Environmental Protection Act 1990. This is general information, not legal or planning advice on any specific property.

Sources

This guide draws on the following primary sources, current as of 25 September 2026:

• legislation.gov.uk, “Control of Pollution Act 1974, section 60: Control of noise on construction sites”
• legislation.gov.uk, “Control of Pollution Act 1974, section 61: Prior consent for work on construction sites”
• legislation.gov.uk, “Environmental Protection Act 1990, section 79: Statutory nuisances and inspections therefor”
• legislation.gov.uk, “Environmental Protection Act 1990, section 80: Summary proceedings for statutory nuisances”

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.

Approved Document F gives guidance on the ventilation requirement of the Building Regulations for dwellings in England, and it contains specific paragraphs on adding a conservatory. Its 2021 edition took effect on 15 June 2022, and GOV.UK also lists a 2026 edition for buildings subject to the 2026 standards. This guide summarises the conservatory paragraphs of both, applies to England only, and is general information. Approved documents are guidance, not the only way to comply, and building control should confirm what applies to a particular project.

When Part F applies to a conservatory

Approved Document F, Volume 1 says that its guidance on a new conservatory applies to conservatories with a floor area that exceeds 30 square metres, and that conservatories with a floor area not exceeding 30 square metres are exempt from the Part F requirements. That matches the wider Building Regulations exemption explained in the guide to the Class 7 exemption, and the exemption depends on the conditions there, including the thermal separation discussed in the guide to removing the thermal separating wall. A conservatory that falls outside the exemption must meet the ventilation requirement F1(1), which is about providing adequate means of ventilation.

Background ventilators for the general ventilation rate

Paragraph 3.22 says the general ventilation rate for a new conservatory and, if necessary, the adjoining rooms could be achieved using background ventilators. The guidance in paragraphs 1.42 to 1.44 of the 2021 edition is to be followed regardless of the ventilation provisions in the existing room next to the conservatory. Those paragraphs deal with a habitable room ventilated through another room or a conservatory. They say the conservatory should have openings to the outside that provide purge ventilation, with a minimum total area based on the combined floor area of the room and the conservatory, and background ventilation of at least 10,000 square millimetres equivalent area. Between the two rooms there should be a permanent opening with a minimum area of one twentieth of the combined floor area.

The 2026 edition contains the same conservatory section and adds a note in the equivalent paragraph that conservatories should be thermally separated from the rest of the dwelling, and that its paragraph 1.40, on the permanent opening between the rooms, does not apply to conservatories. Which edition applies depends on the standards applicable to the building, as GOV.UK explains, so building control should be asked.

Purge ventilation

For purge ventilation in a new conservatory, paragraph 3.23 directs the reader to the general purge ventilation paragraphs. Those say a system for purge ventilation should be provided in each habitable room, capable of extracting at least four air changes an hour per room directly to the outside, and delivered through openings such as windows or doors or through mechanical extract. Where openings are used, Table 1.4 sets minimum opening areas: hinged or pivot windows opening 15 to 30 degrees need a total area of one tenth of the floor area of the room, and those opening 30 degrees or more need one twentieth. Hinged or pivot windows opening less than 15 degrees are not suitable for purge ventilation. The table is based on assumptions in BS 5925, including single-sided ventilation, an urban environment and a temperature difference of 3 degrees Celsius. Smaller openings might work in some designs or climates, but expert advice should then be sought.

Controls and testing

Paragraph 3.24 says performance testing follows the general paragraph on component and system performance, and controls follow the general ventilation control paragraphs. Those say ventilation should be controllable, manually by the occupant or automatically, and that background ventilators should be at least 1,700 mm above floor level to reduce cold draughts while still being easy to reach. They add that background ventilators are intended normally to be left open. For a conservatory with roof or high-level vents, the guide to conservatory roof vents explains the types and how they work.

How it fits with other requirements

Approved Document F says that in order to show compliance with Part O on overheating, higher purge ventilation rates than those in its own tables are likely to be needed, but the guide to Part O and conservatories explains why that does not apply to most new conservatories. The wider set of building regulation issues is in the guide to conservatory building regulations. The document also stresses that following an approved document does not guarantee compliance, since it cannot cover all circumstances, and an alternative approach should be agreed early with the building control body.

FAQs

Does a small conservatory need to meet Part F?

Approved Document F says conservatories with a floor area that does not exceed 30 square metres are exempt from the Part F requirements.

Can background ventilators provide the ventilation for a larger conservatory?

Paragraph 3.22 says the general ventilation rate for a new conservatory and adjoining rooms could be achieved using background ventilators, following the paragraphs on ventilating a room through a conservatory.

Is there a minimum opening size for purge ventilation?

Table 1.4 gives minimum total opening areas as a fraction of the room floor area, depending on window type and opening angle, such as one twentieth for hinged windows opening 30 degrees or more.

The bottom line

In England, Approved Document F exempts conservatories of 30 square metres or less from Part F, and gives guidance for larger ones: background ventilators for the general rate, purge ventilation openings sized by Table 1.4, and controllable ventilation. The 2026 edition adds a note about thermal separation and the permanent opening. This is general information, not legal or planning advice on any specific property.

Sources

This guide draws on the following primary sources, current as of 25 September 2026:

• GOV.UK, “Ventilation: Approved Document F” (Building Regulations guidance for England)
• MHCLG, “Approved Document F: Volume 1, Dwellings” (2021 edition, paragraphs 1.26 to 1.34, 1.42 to 1.44 and 3.21 to 3.24)
• MHCLG, “Approved Document F: Volume 1, Dwellings” (2026 edition)

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.