Exempt structures ‘adversely affecting’ an existing building. Subject No: 10 Subject: Exempt structures "adversely affecting" an existing building Introducing Officer: A Cross (Poole BC) Date: 13/10/1999 Buildings can be extended with structures, which are exempt from the Regulations see Reg, 9 and Schedule 2. These exempt structures can result in the existing building (which previously complied with Regs) being "adversely affected" eg: B1 Means of escape windows no longer accessible, Final exit travel distances increased, Escape routes/widths/etc affected C2 Vents to subfloors no longer effective, may cause/increase gas build up to unacceptable levels H1 Structural damage to drains. Building over manholes/chambers and gullies, which should be provided with water/airtight covers. J2 Flues and intake air being affected These are just some of the many issues which can arise. Regulation 3 "building work" means:- In Reg 3 (1) a the erection or extension of a building Regulation 4 (2) states: "Building work shall be carried out so that, after it has been completed - a) any building which is extended or to which a material alteration is made; ................. Complies with the relevant requirements of Schedule 1 or, where it did not comply with any such requirement, is no more unsatisfactory in relation to that requirement than before the work was carried out. There is no specific exclusion of Exempt extensions from these two Regulations. The question which we have to address is whether or not we consider that we are entitled to require an application (not to check the construction of the structure proposed), but to demonstrate that Regulation 4 has been complied with. I have discussed these issues with Tony Edwards at the DETR and been advised that the issues have not been tested legally, but the DETR realise that the exemptions do cause problems. They would be interested to hear of our deliberations, as they do want to address the issues. There clearly has been some consideration by the DETR in the past with regard to Health and Safety issues with the Exemptions in Schedule 2 hence the inclusion in CLASS VII of references to the proviso for glazing to comply with Part N of Schedule 1. RECOMMENDATION This Committee requests that the DSA pursues these issues with the DETR to: 1 Given an interpretation on whether or not an application can be required to demonstrate that Reg 4 (2) will be complied with or; 2 Consider expanding the proviso to qualify for Exemption to ensure that the Exempted structure will not adversely affect the existing building. Consider requiring a notification for the LA in much the same way as Cavity fill Notices whereby the applicant confirms that the extension or structure meets the exemption criteria and will not contravene Reg 4 (2) (a series of appropriate questions and answers) Revised 20/5/2000

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