Building Regs Classification of a Conservatory

[freddiemercurystwin]

Circulars provide guidance but they're not law.

 

[geraldthehamster]

Circulars provide guidance but they're not law.

I agree that the regulations are clear when a conservatory is exempt.
But they don't define "conservatory". If that definition is in dispute (for example in an appeal against an enforcement notice), a court would have to decide what meaning was intended, and government circulars are evidence of that.

As is the Oxford English Dictionary:

"a living room with a glass roof and glass wall panels, often one constructed on the back or side of a house, used as a sun lounge or for growing indoor plants."

That's what a conservatory is. The regulations just specify when one is exempt.

Cheers
Richard

 

[jeds]

Here you are; direct from the Approved Document, word for word.

Conservatories and porches
3.15 Regulation 9 of the Building Regulations
exempts some conservatory and porch extensions
from the energy efficiency requirements. The
exemption applies only for conservatories or porches:
• which are at ground level;
• where the floor area is less than 30 m2;
• where the existing walls, doors and windows
in the part of the dwelling which separates
the conservatory are retained or, if removed,
replaced by walls, windows and doors which
meet the energy efficiency requirements; and
• where the heating system of the dwelling is
not extended into the conservatory or porch.

Descriptions of glazing and definitions and percentages are from previous documents which no longer apply. But obviously do still confuse people.

 

[geraldthehamster]

Here you are; direct from the Approved Document, word for word.

Conservatories and porches
3.15 Regulation 9 of the Building Regulations
exempts some conservatory and porch extensions
from the energy efficiency requirements. The
exemption applies only for conservatories or porches:
• which are at ground level;
• where the floor area is less than 30 m2;
• where the existing walls, doors and windows
in the part of the dwelling which separates
the conservatory are retained or, if removed,
replaced by walls, windows and doors which
meet the energy efficiency requirements; and
• where the heating system of the dwelling is
not extended into the conservatory or porch.

Descriptions of glazing and definitions and percentages are from previous documents which no longer apply. But obviously do still confuse people.

Yes. but you're completely missing the point. You've quoted what makes a conservatory exempt from Part L. Would you care to tell me, for the benefit of the masses, what a conservatory *is*?

Cheers
Richard

 

[freddiemercurystwin]

A conservatory is whatever you want to think it is or quote your OED definition. I really don't understand why this is such an issue for you? Its dictionary definition is irrelevant to Building Regulations.

A conservatory, for the purposes of Building Regulations classification is defined by its compliance (or not) with 3.15. Where Building Regs are concerned nothing else matters.

 

[jeds]

But surely the point is it doesn't matter. If it's exempt, it's exempt. The situation for a porch has always been the same. 30m²/separation/no heating. The reason the old conservatory regulation specified glazing amounts had nothing to do with porches, it was to distinguish between a conservatory and an extension. But as heat loss became more of an issue the distinction became a bit of a nonsense. So it was changed to allow a conservatory providing 30m²/separation/no heating. They then, sensibly, realised that this was exactly the same as a porch. So they lumped the two together. Ask yourself the question; if the conservatory/porch is separated and you don't extend the heating, what's the issue? What would be the sense in having one exempt but not the other?

 

[geraldthehamster]

A conservatory, for the purposes of Building Regulations classification is defined by its compliance (or not) with 3.15.

No it is not. That is the definition of an *exempt* conservatory.

Think about it. A 40 square metre conservatory does not comply with 3.15, but it is still a conservatory. What makes it a conservatory is that it fits the definition of a conservatory.

Cheers
Richard

 

[aledzack]

Hi guys,

First post!

Have to say I've found this thread extremely useful with regards to my own situation (more on this in a sec) so thanks to everyone who's contributed so far.

Anyway. I'm currently in the middle of a "conservatory" build. The original plan was to have the two side walls of traditional conservatory build (600mm dwarf walls with glass) a glass fronted gable end and the roof that was planned to be a Guardian Roof system with velux roof lights: http://www.guardian-conservatoryroofs.co.uk/gallery/gable-front.aspx

It is seperated from the main building by a door (existing), is around 12m2 footprint, and there will be no extension of the heating system into it.

In all my research prior to the build I was told this project would therefore be exempt from building regulations. Building work has therefore started and the conservatory base and walls have been erected. For some reason I had some doubts and rang my local "friendly" BC just to satisfy myself that they also classified it as so. Apparently not! Due to the choice of roofing system they insisted I apply for building notice (which I have done) as they classed it as an extension, even though a guadian roof is essentially the same structure as a conservatory but with solid rather than glass panels. Unfortunately the base and wall construction are now struggling to meet the building regs as a result!

My options as I see them are:

1. Withdraw the notice and amend the roof design to a tradition conservatory / translucent (cons: loss of insulating properties, won't be as high impact as the proposed solid pitched roof)

2. Aim to try regularise the work with my builder and BCO (cons: costly and going to take time, not sure we can satisfy local BC)

I'm favouring option no 1. and I've been informed I am entitled to a refund on my build notice application if so. However, my problem is I can't find a definition of what % glass the roof would have to be to satisfy being a "conservatory" and therefore exempt. I've read section 3.14/15 of the regs and they do not help as my local authority is defining anything with a "solid" roof as as extension rather than a conservatory regardless if it meets the definitions in that section. Documents referred to in this thread do not help massively either due to being ambiguous.

Speaking with my local BCO he is still quoting (as is his boss) the 75% figure for glass content in the roof to define it as a conservatory. However, based off the government circular surely anything 50%+ glass would be classed as a "significant proportion" of glass. It would obviously give my conservatory more thermal properties than a traditional one too.

Any advice or assistance here would be greatly appreciated!

 

[jeds]

If you retain the door and do not extend the heating system it is classed as a porch. A porch can be up to 30m² and is exempt from building regulations.

 

[aledzack]

If you retain the door and do not extend the heating system it is classed as a porch. A porch can be up to 30m² and is exempt from building regulations.

Thanks John,

Unfortunately not the view of our local BC. They're stating that due to having a solid roof it classes it as an extension, even though it meets the 3.15/16 criteria from the regs...

 

[freddiemercurystwin]

Aye circulars and LABC guidance are not laws and are not enforceable!

 

[freddiemercurystwin]

I would say to them that you do not intend to pander to their ill founded and illegal requests and that if any enforcement action was threatened you would write to them stating that in the event of any enforcement being served you would appeal and win and claim all legal costs off the Local Authority.

 

[geraldthehamster]

My options as I see them are:

1. Withdraw the notice and amend the roof design to a tradition conservatory / translucent (cons: loss of insulating properties, won't be as high impact as the proposed solid pitched roof)

2. Aim to try regularise the work with my builder and BCO (cons: costly and going to take time, not sure we can satisfy local BC)

Maybe ask BC what would be needed to achieve Option 2. If it's practical I'd do that, and get the structure you intended to have. It would have the advantage of being more usable because you could legally extend the heating system into it.

Otherwise you might be looking at Option 1, which would be a shame as it would make the thing less useful.

If BC are after 50%, is there any way you can alter the intended roof by means of extra skylights, or a lantern, to get closer to 50% glazed?

A less law-abiding person than myself might suggest building the roof structure as planned, chucking some polycarbonate on it as a temporary measure, then tiling and insulating it later on after BC have gone away. The same lawless individual might opine that it's a shame you contacted them at all, at that late stage. This is of course a shocking point of view.

Cheers
Richard

 

[geraldthehamster]

Unfortunately not the view of our local BC. They're stating that due to having a solid roof it classes it as an extension, even though it meets the 3.15/16 criteria from the regs...

I think there's still confusion between the notions of "conservatory" and "exempt conservatory".

First question to be asked of a structure: is it a conservatory?

Your LA seems to be following the LABC guidance, that a conservatory is a structure with mostly glazed walls and roof. Which is pretty much what the dictionary says: "a living room with a glass roof and glass wall panels, often one constructed on the back or side of a house, used as a sun lounge or for growing indoor plants."

If a structure fits that definition, then and only then can you move on to the second question: is this conservatory an exempt conservatory under building regulations? It will be exempt if it meets certain criteria (not more than 30m2, not on the house heating system, etc.). Some conservatories are not exempt conservatories (for example a 40 m2 conservatory).

If a structure is not a conservatory (that is, it has a solid roof or solid walls), then the question of whether it's exempt doesn't arise - because it isn't a conservatory in the first place. The exemptions that apply to some conservatories can't apply to it.

Likewise with a porch. A porch is exempt under the same criteria, but it can only be an exempt porch if it is a porch to start with. A porch is "an exterior structure forming a covered approach to the entrance of a building". It isn't a sitting room containing wicker furniture and an aspidistra.

Cheers
Richard

 

[jeds]

If you retain the door and do not extend the heating system it is classed as a porch. A porch can be up to 30m² and is exempt from building regulations.

Thanks John,

Unfortunately not the view of our local BC. They're stating that due to having a solid roof it classes it as an extension, even though it meets the 3.15/16 criteria from the regs...

Is it at ground level? Yes.
Is it less than 30m²? Yes.
Are you retaining the existing thermal separation? Yes.
Are you extending the heating system into it? No.

It's a porch. It doesn't matter what BC think. They don't have authority to make things up as they go along. Approved documents are not the regulations, they are issued as guidance on ways to comply with the regulations. They are not the only way to comply - you can make up your own way if you like. But ADs are more than just guidance they are definitive guidance. The documents specifically state that if you follow the guidance "there will be a presumption of compliance with the requirements". So just follow the guidance (see checklist above) and you can't go wrong. The guidance says so.