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.

In England, a single-storey rear extension, including a conservatory, can extend up to eight metres from the rear wall of a detached house or six metres for other houses under permitted development if the local planning authority is asked to decide whether its prior approval is required, and neighbours are consulted as part of that process.

The standard limit and the larger limit

The Planning Portal, which describes the planning system in England (and says policy in Wales may differ), explains that a single-storey rear extension under permitted development cannot extend beyond the rear wall of the original house by more than four metres for a detached house, or three metres for any other house. Where the property is not on Article 2(3) designated land or a Site of Special Scientific Interest, and subject to prior approval, that limit is increased to eight metres for a detached house or six metres for any other house. Single-storey rear extensions also cannot exceed four metres in height.

The Planning Portal says these permitted development rules summarise Schedule 2, Part 1, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015. They apply to houses, not flats and maisonettes, converted houses or houses created under certain change-of-use rights, and they do not apply where a planning condition, Article 4 Direction or other restriction removes the rights.

What counts as the original house and designated land

The “original house” is the house as first built, or as it stood on 1 July 1948 if built earlier, so earlier extensions by previous owners count towards the limits. Article 2(3) designated land includes conservation areas, areas of outstanding natural beauty, the Broads, National Parks and World Heritage Sites, and the larger 8m/6m limits are not available there.

How the application works

A householder applies to the local planning authority, providing a written description that states how far the extension projects beyond the rear wall of the original house, the height at the eaves and the highest point, a site plan showing the proposal and any existing enlargement it joins, the addresses of adjoining properties including those to the side, front and rear even if not physically attached, and contact details. The Planning Portal guidance note (version 2024.1 for England) says a plan drawn to scale helps, and that if information is insufficient the authority can ask for more or refuse the application.

There is a fee for most prior approval applications. The guidance note says it can be waived if the proposal is solely for extensions and alterations to a disabled person’s dwelling to improve access, safety or comfort, or if a planning application for the same site is made by the same applicant on the same date and a fee is payable for it.

Neighbour consultation and the 42-day period

The authority serves a notice on adjoining owners or occupiers, describing the proposal and stating when the application was received, when the 42-day determination period ends and the date by which objections must be received, which must give neighbours at least 21 days. If any adjoining neighbour objects within that period, the authority’s prior approval is required and it must decide whether the impact on the amenity of all adjoining properties is acceptable. The development can go ahead if the authority notifies the developer in writing that prior approval is not required because no objections were received, or that it has found the effect on amenity acceptable. If the authority does not notify a decision within the 42-day period, the development may go ahead. A refusal can be appealed.

Conditions and cautions

The guidance note stresses that all other permitted development restrictions and conditions still apply, and that it is not possible to use the prior approval process retrospectively, so it must be completed before work starts. The extension must be built in accordance with the details approved or, where no objections were raised or no decision was made, the details submitted, unless the authority agrees changes in writing.

The Planning Portal also notes that an extension adding more than 100 square metres of floor space may be liable for the Community Infrastructure Levy, and that permitted development is separate from Building Regulations, which must be considered independently. Its guidance is introductory, and local rules may affect what is needed, so a householder should confirm the position with the local planning authority.

FAQs

Does a conservatory count as a single-storey rear extension?

The Planning Portal says that adding a conservatory to a house falls within the same planning rules as any other home extension, so the single-storey rear extension limits and the prior approval process apply.

What happens if a neighbour objects?

The authority must then decide whether the impact on the amenity of all adjoining properties is acceptable before the extension can proceed, according to the Planning Portal guidance note.

Does this apply in Wales, Scotland or Northern Ireland?

The Planning Portal guidance relates to England, and it says policy in Wales may differ. Scotland and Northern Ireland have their own planning rules.

Bottom line

The larger 8m and 6m rear extension limits in England depend on prior approval: apply first, allow the neighbour consultation and 42-day period, and build only to the approved or submitted details. The route is unavailable on designated land and cannot be used after building has started. This is general information, not planning advice; confirm requirements with your local planning authority.

Sources

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

• Planning Portal, “Planning Permission – Extensions”
• Planning Portal, “Planning Permission – Conservatories”
• Planning Portal, “Extensions: Prior approval”
• Planning Portal, “Application to determine if prior approval is required for a proposed Larger Home Extension” (guidance note, PDF, V2024.1 England)

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.

The Consumer Contracts Regulations 2013 give a 14-day right to cancel distance and off-premises contracts, which include many contracts signed at your home, but they exclude goods made to your specifications or clearly personalised.

Where the right to cancel applies

Regulation 29 of the Consumer Contracts Regulations 2013 lets a consumer cancel a distance or off-premises contract within the cancellation period without giving a reason. The Regulations extend to England, Wales, Scotland and Northern Ireland, so the rules discussed apply UK-wide. An off-premises contract includes one concluded in the simultaneous physical presence of the trader and the consumer in a place that is not the trader’s business premises, such as your home, and certain contracts following an offer or personal approach outside business premises. A contract signed at a showroom on the trader’s premises is an on-premises contract, so this statutory right does not apply, although your contract may give its own terms.

Regulation 29 says cancelling does not make you liable for anything except under a short list of provisions, covering enhanced delivery you chose, reduced value of goods through handling, the cost of returning goods and payment for a service supplied early at your request. It also says you can withdraw an offer to enter into such a contract at any time before the contract is made, without giving a reason and without liability.

How long you have

For a service contract, regulation 30 says the cancellation period ends at the end of 14 days after the day the contract is entered into. For a sales contract, it ends 14 days after the goods come into your physical possession. A conservatory agreement often combines supplying the structure with installing it, so which rule fits your contract is worth checking before you rely on a date. If in doubt, act within 14 days of signing and take advice from Citizens Advice or your local Trading Standards service.

Regulation 30(5) adds that where goods consisting of multiple lots or pieces are delivered on different days, the period for a sales contract ends 14 days after the last piece comes into your physical possession, which is relevant to structures delivered in parts.

If you were not told about your right

Regulation 31 extends the period if the trader does not give you the required information on the right to cancel. If the trader provides the information within 12 months of the start of the 14 days, the period ends 14 days after you receive it. Otherwise it ends 12 months after the day it would normally have ended. Keep the paperwork you were given at signing and note whether it contained a clear cancellation notice.

Starting work early

Regulation 36 says a trader must not begin the supply of a service before the end of the cancellation period unless you have made an express request, and, for an off-premises contract, made that request on a durable medium. If you cancel after asking the trader to start early, you must pay an amount in proportion to what has been supplied up to the point you tell the trader, calculated on the agreed total price or, if the price is excessive, on the market value of the service. You bear no cost if the trader failed to give the required information on cancellation and payment or if the service was not supplied in response to your request. You lose the right to cancel if the service has been fully performed after your request and your acknowledgement that you would lose the right.

The personalised-goods exception

Regulation 28(1)(b) says the cancellation right does not apply to the supply of goods made to the consumer’s specifications or clearly personalised. Whether that exception applies to a particular conservatory contract, which may cover bespoke components and also installation, depends on the terms and facts, so do not assume either way. Ask the trader in writing how they classify the contract and which parts are custom-made, and seek independent advice if you are told you cannot cancel. Regulation 28 also excludes contracts where you specifically requested an urgent repair visit, which is unlikely to apply to a new conservatory order.

FAQs

What if I signed in the showroom?

The statutory cancellation right applies to distance and off-premises contracts. A showroom contract is an on-premises contract, so check your written terms for any contractual right to cancel.

Do I have to give a reason for cancelling?

No. Regulation 29 says you may cancel at any time in the cancellation period without giving any reason and without liability except under specified provisions.

Does this apply in Scotland and Northern Ireland?

Yes. The Regulations extend to England, Wales, Scotland and Northern Ireland, although court procedures differ in each nation.

Bottom line

If you signed a conservatory contract at home, note the date immediately, check what you were told about cancelling, and be careful about agreeing to an early start. Whether the personalised-goods exception applies can be contested, so take advice before assuming you are locked in. This is general information, not legal advice.

Sources

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

• legislation.gov.uk, “The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, regulation 5”
• legislation.gov.uk, “The Consumer Contracts Regulations 2013, regulation 28”
• legislation.gov.uk, “The Consumer Contracts Regulations 2013, regulation 29”
• legislation.gov.uk, “The Consumer Contracts Regulations 2013, regulation 30”
• legislation.gov.uk, “The Consumer Contracts Regulations 2013, regulation 31”
• legislation.gov.uk, “The Consumer Contracts Regulations 2013, regulation 36”

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.

GOV.UK says a flood risk assessment is required for all development, including minor extensions, that needs a planning application in Flood Zones 2 or 3, and it treats a householder extension of up to 250 square metres as a “minor extension”.

When a flood risk assessment is needed

GOV.UK’s guidance for planning applicants in England says you should complete a flood risk assessment (FRA) for all development, including minor development, proposed in Flood Zones 2 or 3 or within Flood Zone 3b. It also applies in some Flood Zone 1 cases, such as sites of 1 hectare or more or where the flood map for planning shows surface water risk. The local planning authority may refuse an application without a satisfactory FRA. The guidance is written for people applying for planning permission, so ask your council whether your conservatory needs an application and check the flood map for planning first.

GOV.UK adds that if your site is in Flood Zone 1 but the council’s strategic flood risk assessment or the flood map for planning shows increased future flood risk from rivers or the sea, you should complete an FRA and apply the guidance as if the site were in Flood Zone 2. It also mentions areas with critical drainage problems, currently designated only in Devon and Cornwall, where local standing advice applies and can be obtained from the council.

What counts as a minor extension

GOV.UK defines a minor extension as a householder or non-domestic extension with a floor space of no more than 250 square metres. For a minor extension in Flood Zone 2, 3 or 3b, applicants should follow the Environment Agency’s standing advice for minor extensions, covering what to include in the FRA, floor levels, extra flood resistance and resilience measures, and other permissions or consents. The guidance says a simple, low-risk development such as a house extension may be something you can assess yourself, but if you are unsure you should contact the Environment Agency for advice.

What the assessment should contain

The standing advice says an FRA should be proportionate and include your site address, a description of the development, the estimated flood level taking climate change into account, finished floor levels, flood resistance and resilience plans and any supporting drawings. It suggests using the Environment Agency’s FRA template. The design flood is a river flood with a 1 in 100 annual probability or a tidal flood with a 1 in 200 annual probability, each plus a climate change allowance, and a surface water event of 1 in 100 plus climate change. Levels should be stated relative to Ordnance Datum, and you may need a land survey by a qualified surveyor if that information is not available.

Floor levels and resilience

The advice recommends floor levels at least 600mm above the estimated flood level, with flood-resistant materials used up to at least 600mm above it. It says this may be reduced to 300mm if there is a high level of certainty about the estimated flood level, and increased where there is particularly high uncertainty. If your design aims to keep out more than 600mm of water, get advice from a structural engineer, because flood water puts pressure on buildings. Where you cannot raise floor levels, you need extra flood resistance and resilience measures, aiming to exclude flood water where possible and speed recovery if water gets in, and your plans must show how surface water and groundwater flooding will be managed.

Functional floodplain, off-site risk and other consents

The advice says to check with the local planning authority whether your minor extension is in an area of increased flood risk because of multiple minor extensions, and if so to assess off-site flood risk. In Flood Zone 3b, the functional floodplain, table 2 of the planning practice guidance says highly vulnerable, more vulnerable and less vulnerable development should not be permitted. You may also need a separate permit or consent if the work is within 20 metres of a main river, flood defence or flow control structure, directly affects a watercourse, or involves floodplain activity that could divert or obstruct floodwater. GOV.UK stresses that getting planning permission does not guarantee a flood risk permit or consent, so check early.

FAQs

Do I need an FRA if my conservatory is permitted development?

The GOV.UK guidance addresses planning applications. If no application is needed, ask your council and the Environment Agency what applies, and check for other consents near watercourses or defences.

Does this apply in Wales, Scotland or Northern Ireland?

The guidance is for England, referring to the Environment Agency and English planning practice guidance. Other nations have their own flood risk policies.

How do I find my flood zone?

GOV.UK says to use the Environment Agency’s flood map for planning to find whether the site is in Flood Zone 1, 2 or 3 and whether it is at risk of surface water flooding.

Bottom line

If your English conservatory project needs a planning application and lies in Flood Zone 2 or 3, expect to submit an FRA that follows the Environment Agency’s minor extension advice, including estimated flood levels and floor levels or resilience measures, and check for river-related permits. Ask your planning authority early. This is general information, not planning or engineering advice.

Sources

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

• GOV.UK, “Flood risk assessments: applying for planning permission”
• GOV.UK, “Preparing a flood risk assessment: standing advice”

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.

All bat species and their breeding sites and resting places are fully protected by law in England, and building work that damages a roost or disturbs bats can be a criminal offence even when it is accidental.

Why a conservatory can raise wildlife questions

GOV.UK’s Natural England guidance, which covers England, lists activities that can harm bats. They include renovating, converting or demolishing a building; repairing or replacing a roof; repointing brickwork; insulating or converting a loft; installing lighting in a roost or outside where it lights up a roost entrance; cutting down or removing branches from a mature tree; removing hedgerows, watercourses or woodland that bats use for commuting; and changing or removing foraging areas. A conservatory build that involves connecting to a roof, altering brickwork, adding lighting or clearing trees or hedges could involve some of these activities, so it is worth checking before work begins.

What the law protects

The guidance says all bat species, their breeding sites and resting places are fully protected by law as European protected species. You are breaking the law if you deliberately capture, injure or kill bats; damage or destroy a breeding or resting place; obstruct access to their resting or sheltering places; possess, sell, control or transport live or dead bats; or intentionally or recklessly disturb a bat in a structure or place of shelter. GOV.UK’s wider guidance on construction and wildlife adds that this includes doing so by not taking enough care, and that damage to a breeding or resting place is an offence even if accidental. Offenders could be sent to prison for up to six months or receive an unlimited fine.

Other protected species and areas

GOV.UK lists European protected species that include all species of bat, beavers, great crested newts, dormice, otters, natterjack toads and some reptiles. Other protected species and groups include badgers, water voles, wild birds, ancient woodland and veteran trees. You must apply for a licence if your plans affect badgers or European protected species, and, following changes under the Environment Act 2021, a mitigation licence is also needed for animals and plants listed in schedules 5 and 8 of the Wildlife and Countryside Act 1981. You are responsible for finding out whether your development is likely to affect a protected area, such as a national park, area of outstanding natural beauty or site of special scientific interest, because a planning authority may refuse permission where a protected site would be damaged.

What to do if you suspect bats

If you think there is a bat roost in or near your house, GOV.UK says you can contact the National Bat Helpline, run by the Bat Conservation Trust on behalf of Natural England, for free advice on small-scale works, pest control or other concerns. The helpline cannot advise on building works that need planning permission and can arrange for a volunteer roost visitor if needed. In many cases harm can be avoided, and GOV.UK says you will need an expert bat survey, showing what type of bats, how many and how they use the building, so you can plan the work to avoid harming them. It points to the directories of the Chartered Institute of Ecology and Environment Management and Environmental Data Services for finding a surveyor.

Licences and planning the work

If harm cannot be avoided, you can apply to Natural England for a mitigation licence, but GOV.UK says applying for a licence should be a last resort and applies only in a minority of cases. Before that, it says you should try everything possible to avoid disturbing the species, for example by timing work to cause the least harm or using other mitigation methods that do not need a licence. An application must include survey findings, impact assessments and mitigation plans. Ecological consultants may be able to use a class licence for certain low-impact activities. If you have doubts, ask your local planning authority and an ecologist before signing a construction contract.

FAQs

Is it an offence to disturb bats accidentally?

GOV.UK says it is an offence to damage or destroy a breeding or resting place even accidentally, and to disturb or injure protected species by not taking enough care. Intentional or reckless disturbance of a bat in a shelter is also an offence.

Does this apply in Wales, Scotland and Northern Ireland?

The GOV.UK guidance refers to Natural England and applies in England. Other nations have their own agencies and licensing arrangements, so check locally.

Who can I call if I find bats?

The National Bat Helpline, run by the Bat Conservation Trust for Natural England, offers free advice on small-scale works and pest control, according to GOV.UK, but not on works that need planning permission.

Bottom line

Before building a conservatory in England, check whether the works will touch a roof, wall, tree or hedge where bats or other protected species could be present, and stop and take advice if you see signs of a roost. Damage to a roost is an offence even if unintended, so use an expert survey and, if necessary, a Natural England licence rather than risking prosecution. This is general information, not legal or ecological advice.

Sources

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

• GOV.UK, “Bats: protection and licences”
• GOV.UK, “Construction near protected areas and wildlife”

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.

Restrictive covenants have nothing to do with the town and country planning system, so a covenant in your title can prevent development even if it has planning permission.

What a restrictive covenant is

According to the Upper Tribunal (Lands Chamber) guidance published on GOV.UK, a restrictive covenant is a legally binding restriction imposed on land by agreement between two freehold landowners or contained in a lease. It is often imposed when land is sold, for example to prevent the buyer using the land for business or building on it, or to make sure they keep to a particular style or size of building. Covenants are imposed by deed and are private arrangements: only the person who imposed the covenant, and anyone who later owns any of that person’s land, can enforce it.

Why planning permission does not settle the question

The tribunal guidance is explicit that restrictive covenants have nothing to do with the town and country planning system, and that a covenant can prevent development even if it has planning permission. That matters for conservatories because our other guides explain permitted development and planning applications. Those rules decide whether the council needs to be involved, not whether a private covenant allows you to build. The guidance gives examples of covenants that prevent building on land or require buildings to keep to a particular style or size.

Finding out whether your property is affected

HM Land Registry holds information about registered property in England and Wales, and GOV.UK says you can get information even about property you do not own, including the title register. The tribunal guidance says that when land is registered, it is usually obvious from the registered title whether it is subject to restrictive covenants. Land may be affected by covenants imposed many years ago, for example when land was sold for housing in the 20th or even 19th centuries, and the guidance warns that it can be difficult to tell who can enforce a covenant and old conveyancing documents may have to be inspected even where the land is registered. This article covers England and Wales; land law in Scotland and Northern Ireland differs.

GOV.UK describes the title register as a document giving details such as who owns the property, rights of way and whether a mortgage has been discharged. The tribunal guidance adds that the register does not usually show that land has the benefit of covenants over other land, so someone who wants to enforce or object to a covenant may need legal advice to establish their entitlement.

Applying to modify or discharge a covenant

The owner of land, freehold or leasehold, that is subject to a restrictive covenant may apply to the Lands Chamber of the Upper Tribunal under section 84 of the Law of Property Act 1925 to have it discharged or modified. The tribunal has no power to change positive covenants, which require an owner to do something, or easements such as rights of way. The applicant uses Form T379 and submits it with the specified documents and the fee. The registrar then gives directions for notice to those who may benefit from the covenant, which may involve a newspaper advertisement, notices on the land or a publicity notice.

Objections, hearings and costs

Anyone wishing to object must submit a notice of objection within one month of the notice date, and no fee is payable to object. The applicant then has 14 days to say whether it accepts that the objector is entitled to the benefit of the covenant, and disputed entitlement can be decided by the tribunal. Where there are no objections, the tribunal may decide without a hearing. The guidance says successful objectors will generally be awarded their reasonable costs, while successful applicants cannot expect costs. It also notes that the law on restrictions affecting land is complex and it is advisable to seek legal advice before applying.

FAQs

Is a covenant the same as a planning condition?

No. The tribunal guidance says covenants have nothing to do with the planning system and are private arrangements enforceable by those who have the benefit of them.

Can a neighbour enforce a covenant?

Only the person who imposed it and anyone who later owns any of their land can enforce it, according to the tribunal guidance, which is why identifying who benefits can be complex.

Does the tribunal handle every covenant problem?

No. The guidance says the tribunal cannot discharge or modify positive covenants or easements such as rights of way. Take legal advice about your title.

Bottom line

Before you commit to a conservatory, read the title register for your property and ask your solicitor about any restrictive covenants, rather than assuming planning permission or permitted development is enough. If a covenant blocks your plans, an application to the Upper Tribunal (Lands Chamber) is one route, but it is a legal process with notice, objections and costs risks. This is general information, not legal advice.

Sources

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

• HM Courts & Tribunals Service via GOV.UK, “Guide for applications to discharge or modify restrictive covenants (T608)”
• GOV.UK, “Get information about property and land”

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 Northern Ireland, a conservatory is dealt with under Part 1, Class A of the Planning (General Permitted Development) Order (Northern Ireland) 2015, which sets dimension limits and extra restrictions in designated areas.

A separate planning system

Planning in Northern Ireland is governed by its own legislation and, in practice, dealt with by councils. The Planning (General Permitted Development) Order (Northern Ireland) 2015 applies to all land in Northern Ireland, and nidirect, the Northern Ireland government’s public information service, says that under permitted development rights you do not need planning permission for certain works provided they meet certain conditions, such as dimension restrictions when building an extension. It advises contacting your council planning office to check whether your work is allowed. This article summarises the Order’s Class A; it does not cover England, Wales or Scotland, which have their own rules covered in other guides on this site.

How a conservatory fits into Class A

Part 1, Class A of the Order permits the enlargement, improvement or other alteration of a dwellinghouse, subject to limits. The Order’s conditions expressly exclude “materials used in the construction of a conservatory” from the requirement that exterior materials match the existing house, which indicates that conservatories are dealt with as enlargements under Class A rather than as a separate category. If your proposal falls outside the limits, you would need to apply for planning permission.

The main size and position limits

Under Class A.1, development is not permitted if, as a result of the works, the ground covered by buildings within the curtilage (other than the original dwellinghouse) would exceed 50 per cent of the curtilage, excluding the original house’s footprint; or if the height of the enlarged part would exceed the highest part of the roof of the existing house, or its eaves would exceed the existing eaves; or if it would extend beyond a wall facing a road that forms the principal or a side elevation of the original house.

Single-storey extensions and boundaries

For an enlarged part with a single storey, development is not permitted if it extends beyond the rear wall of the original house by more than 4 metres for a detached house or 3 metres for any other house, exceeds 4 metres in height, or is within 3.5 metres of the curtilage boundary with a road opposite the rear wall. It is also not permitted if the enlarged part would be within 2 metres of any boundary and the eaves would exceed 3 metres, or if it would extend beyond a side elevation wall and exceed 4 metres in height or be wider than half the width of the original house. Multi-storey enlargements are subject to separate limits.

Designated areas and listed buildings

In a conservation area, World Heritage Site, area of outstanding natural beauty or National Park, Class A.2 says development is not permitted if it would include cladding the exterior with stone, artificial stone, pebbledash, render, timber, plastic or tiles; if the enlarged part would have more than one storey or exceed 4 metres in height; or if it would extend beyond a wall forming the principal or a side elevation. Class A.1 also excludes a dwellinghouse within the curtilage of a listed building unless listed building consent has previously been granted. Class A also does not permit development that includes an alteration to any part of the roof, a raised platform or deck, a basement, a chimney, flue or soil and vent pipe, or a microwave antenna.

When you must apply, and what to check

nidirect says you need to apply for planning permission to add to or extend a flat or maisonette, and to do anything not allowed by the original planning permission for your house, such as where a planning condition restricts alterations. It says permitted development rights are restricted in designated areas, listed buildings and conservation areas and areas of outstanding natural beauty, and that a council may force you to put things right if you build without the necessary permission. The Order can be amended, so check the current version and confirm with your council’s planning office before you build.

FAQs

Do I need planning permission for a conservatory in Northern Ireland?

Not necessarily. If it meets the Class A conditions it may be permitted development, but you must check the limits and any restrictions on your property, and confirm with the council.

Is a conservatory covered by the same rules as an extension?

The 2015 Order deals with conservatories within Class A, as its reference to materials used in the construction of a conservatory shows. Check with your council how it applies to your design.

Do building regulations also apply?

Permitted development concerns planning permission only. nidirect lists building regulations separately, so ask your council’s building control about them.

Bottom line

In Northern Ireland, a conservatory can be permitted development under Class A of the 2015 Order if it stays within the limits on curtilage coverage, height, rear projection and distance from boundaries, with tighter rules in conservation areas and other designated land, and planning permission needed to extend a flat or maisonette. Confirm your case with your council before you commit. This is general information, not planning advice.

Sources

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

• legislation.gov.uk, “The Planning (General Permitted Development) Order (Northern Ireland) 2015”
• nidirect, “Planning permission – when to apply”

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.