In England and Wales, section 80 of the Building Act 1984 requires a person to give the local authority notice of intended demolition of most buildings, but it exempts the demolition of a conservatory that forms part of a larger building and of buildings of not more than 1,750 cubic feet; separately, the Planning Portal says permission or prior approval may be required to demolish a building, with extra restrictions in conservation areas.

When a demolition notice is needed

Section 80 of the Building Act 1984, marked on legislation.gov.uk as applying to England and Wales, applies to any demolition of the whole or part of a building. A person must not begin a demolition to which it applies unless they have given the local authority notice of their intention and either the authority has given a notice under section 81 or the “relevant period” has expired. The relevant period is six weeks from the giving of the notice, or a longer period allowed in writing by the person giving it. The notice must specify the building and the works, and a copy must go to the occupier of any adjacent building, the gas supplier and the electricity supplier. Contravening the section is an offence punishable on summary conviction by a fine not exceeding level 4 on the standard scale.

The exemption for a conservatory

Section 80(1)(b) lists exceptions. They include the demolition of an internal part of an occupied building that will stay occupied, and the demolition of a building with a cubic content, measured externally, of not more than 1,750 cubic feet. Sub-paragraph (ii) adds that where a greenhouse, conservatory, shed or prefabricated garage forms part of a larger building, the exception applies to demolition of that greenhouse, conservatory, shed or prefabricated garage. On the wording, removing a conservatory that is attached to a house is therefore outside the section 80 notice requirement. Whether a particular structure counts as “part of a larger building” is a question of fact, so a large or free-standing structure should be checked with the council’s building control team.

What a council can require if a notice applies

Where notice is required, the local authority can give a notice under section 81 within the relevant period, and section 82 lists what it may require. That includes shoring up an adjacent building, weatherproofing surfaces of an adjacent building exposed by the demolition, repairing damage to an adjacent building, removing material and rubbish, disconnecting and sealing drains, arranging disconnection of gas, electricity and water with the statutory undertakers, and taking steps for the protection of the public and the condition in which the site is left. Even where the notice is not needed, these are sensible topics to agree with the contractor for a conservatory that adjoins a neighbour’s wall.

Planning permission and prior approval

The exemption from the Building Act notice does not answer the planning question. The Planning Portal says permission or “prior approval” may be required to demolish a building, depending on factors including the type and size of the building and where it is located, and advises asking the local planning authority before starting work to avoid the risk of legal action. It lists situations that need specific permissions, including demolition in a conservation area, which requires an application for planning permission for relevant demolition unless certain criteria are met, and demolition of listed buildings, which is covered by different legislation. It adds that permitted development rights do not apply in certain circumstances, such as where the land is the subject of planning permission for its redevelopment. Our guide to conservatories in conservation areas and on listed buildings covers the additional consents in more detail.

Replacement plans and the house wall

The Planning Portal also notes that where demolition is permitted, it does not automatically follow that permission will be granted to build a replacement structure or change the use of the site. If a new structure is planned, the rules for a replacement conservatory are covered in our guide to repairing or replacing an old conservatory. Removing a conservatory can also affect the house wall, door and windows that separated it from the house, and our guide to removal of thermal separation explains the building regulations position when the separating wall is taken out. Scotland and Northern Ireland have different rules, which this guide does not cover.

Safety and paperwork on the job

A homeowner who commissions the work is a domestic client for health and safety purposes, and our guide to domestic clients and CDM 2015 explains who carries the duties. Getting the contractor to confirm in writing who will remove the waste, disconnect services and make good the house is sensible, because a council notice under section 82 can place duties on the person carrying out the demolition.

FAQs

Do I have to notify the council before removing a conservatory attached to my house?

Section 80(1)(b)(ii) of the Building Act 1984 excepts the demolition of a conservatory that forms part of a larger building from the notice requirement.

How long is the notice period when section 80 applies?

The relevant period is six weeks from the giving of the notice, or a longer period the person giving notice allows in writing.

Do I need planning permission to demolish a conservatory?

The Planning Portal says permission or prior approval may be required depending on the type, size and location of the building, with extra rules in conservation areas, so ask the local planning authority first.

Does this apply in Scotland?

Section 80 is marked as applying to England and Wales, so Scotland and Northern Ireland need separate checks.

The bottom line

On the wording of section 80 of the Building Act 1984, removing a conservatory that forms part of a house is excepted from the demolition notice in England and Wales, but planning and consent rules, particularly in conservation areas or for listed buildings, can still apply, and the work still needs a competent contractor and a plan for services, waste and the house wall. This is general information, not legal advice; check with the local planning authority and building control.

Sources

This guide draws on the following primary sources, current as of 24 September 2026:

• legislation.gov.uk, “Building Act 1984, section 80: Notice to local authority of intended demolition”
• legislation.gov.uk, “Building Act 1984, section 81: Local authority’s power to serve notice about demolition”
• legislation.gov.uk, “Building Act 1984, section 82: Notices under section 81”
• Planning Portal, “Demolition: planning permission”

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.