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Do you need a Building WarrantDo You Need a Building Warrant

The following single storey detached and attached buildings ancillary to a house (NOT a flat or maisonette) can be built without a Building Warrant subject to CONDITIONS.

Detached

(a) Garage
(b) Garden Hut or Store
(c) Buildings for keeping animals, birds or other livestock for domestic purposes.
(d) Carport
(e) Covered Area
(f) Greenhouse
(g) Summer House
(h) Swimming Pool Cover

Subject to the relevant CONDITIONS and not containing sanitary accommodation.

Attached

(i) Conservatory located at least one metre from any boundary.
(j) Porch located at least one metre from any boundary.
(k) Greenhouse
(l) Carport
(m) Covered Area

Subject to the relevant CONDITIONS.

Walls and Fences

A Building Warrant is not necessary for a wall up to 1.2 metres high or a fence up to 2 metres high.

Underground Shelter

An underground or substantially under ground air raid shelter does not require a Building Warrant subject to CONDITION 1 and the shelter’s excavation being no nearer to another building than a distance equal to the depth of the excavation plus one metre.

CONDITIONS

In every case the building:

  1. Requires to have an area not greater than 30m2 except for a porch or conservatory which requires to be not more than 8m2.
  2. Cannot contain any heating appliance designed to burn solid fuel (including coal, wood and peat) gas or liquid fuels (including oil and paraffin); and
  3. In the case of DETACHED buildings (a), (b) and (c) it requires to be located within one metre of the house and a minimum of 500 millimetres from the boundary or alternatively more than one metre from the house, with no restriction on the distance to the boundary.
  4. Is situated on land within the boundaries of which there are no harmful or dangerous substances

Building Warrant Conditions

Notes

The information given in this leaflet is in respect of the Building Regulations only and it may be necessary to obtain other permissions before starting work, e.g. Planning Permission, Feu Superior Consent, Neighbour’s Agreement, and approval from other bodies such as British Telecom, Scottish Gas, Electric, Sewerage and Water Services.

If it is necessary to alter the existing house when constructing a building which is exempt it may be necessary to apply for a Building Warrant for the alteration, e.g. when building a conservatory a Building Warrant may be needed to form the door opening from the house into the conservatory although the conservatory itself is exempt.

The erection of an exempt class of building should not result in the existing house failing, or failing to a greater degree, to meet the Technical Standards, relative to the Building Regulations, e.g. ventilation and daylighting to rooms, sub-floor ventilation, proximity to flues, access and protection of drains, bridging of damp proof courses.

Definitions

  • Boundary

    Means a boundary between land on which the house is situated and land in different occupation.

  • Carport

    Means a roofed building for vehicle storage which is open on at least two sides except for roof supports.

  • Conservatory

    Means a building attached to and having a door seperating it from the house and having not less than three quarters of the roof area and not less than one half of its external walls made of translucent material.

  • Covered Area

    Means a roofed building which is open on at least two sides except for roof supports.

  • Greenhouse

    Means a building used mainly for growing plants which is not entered from a house.

  • Porch

    Means a building attached to and providing a covered entrance to a house.

Further Information

Although this web site is a useful guide for the general public it is not a complete list of all works that may not require a Building Warrant. For example, window replacement may be exempt if the requirements of the Building Regulations are met. Where full details of exempt works are required it is necessary to refer to Schedule 1 and 2 of the Building Standards (Scotland) Regulations 1990, as amended.

For further information about the contents of these web pages please contact the Building Standards Office.


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