Regulation 9, Exempt buildings and work

Extracted from Building Regulations 2000 (as amended)

(1) Subject to paragraphs (2) and (3) these Regulations do not apply to—
     (a)  the erection of any building or extension of a kind described in Schedule 2; or
     (b)  the carrying out of any work to or in connection with such a building or extension, if after the carrying out of that work it is still a building or extension of a kind described in that Schedule.

(2) The requirements of Part P of Schedule 1 apply to—
     (a)  any greenhouse;
     (b)  any small detached building falling within class VI in Schedule 2; and
     (c)  any extension of a building falling within class VII in Schedule 2,
which in any case receives its electricity from a source shared with or located inside a dwelling.

(3) The energy efficiency requirements of these Regulations apply to—
     (a) the erection of any building of a kind falling within this paragraph;
     (b) the extension of any such building, other than an extension falling within class VII in Schedule 2; and
     (c) the carrying out of any work to or in connection with any such building or extension.

(4) A building falls within paragraph (3) if it—
     (a) is a roofed construction having walls;
     (b) uses energy to condition the indoor climate; and
     (c) does not fall within the categories listed in paragraph (5).

(5) The categories referred to in paragraph (4)(c) are—
     (a) buildings which are—
          (i) listed in accordance with section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990;
          (ii) in a conservation area designated in accordance with section 69 of that Act; or
          (iii) included in the schedule of monuments maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979,
where compliance with the energy efficiency requirements would unacceptably alter their character or appearance;
     (b) buildings which are used primarily or solely as places of worship;
     (c) temporary buildings with a planned time of use of two years or less, industrial sites, workshops and non-residential agricultural buildings with low energy demand;
     (d) stand-alone buildings other than dwellings with a total useful floor area of less than 50m².

(6) In this regulation—
     (a) “building” means the building as a whole or parts of it that have been designed or altered to be used separately; and
     (b) the following terms have the same meaning as in European Parliament and Council Directive 2002/91/EC on the energy performance of buildings—
          (i) “industrial sites”;
          (ii) “low energy demand”;
          (iii) “non-residential agricultural buildings”;
          (iv) “places of worship”;
          (v) “total useful floor area”;
          (vi) “workshops”.