{
  "url": "https://openlegislation.uk/building-standards-scotland-regulations-1990/schedule-1",
  "json_url": "https://openlegislation.uk/building-standards-scotland-regulations-1990/schedule-1.json",
  "legislation": "uksi/1990/2179",
  "legislation_title": "The Building Standards (Scotland) Regulations 1990",
  "legislation_url": "https://openlegislation.uk/building-standards-scotland-regulations-1990",
  "path": "schedule/1",
  "kind": "schedule",
  "number": "1",
  "heading": "EXEMPTED CLASSES OF BUILDINGS",
  "text": "(1)\n(2)\n(3)\nClass\nDescription\nExceptions\nNOTES\n1. In the application of Part I of this Schedule no account shall be taken of an office use which is ancillary to the main purpose of the building.\n2. For the purposes of Class 17, an air-supported or otherwise collapsible building shall not be exempt solely on account of deflation or other form of intermittent collapse.\nPART I–DETACHED BUILDINGS\nBuildings controlled by other legislation\n1\nA building the construction of which is subject to the Explosives Acts 1875 and 1923\n2\nA building erected on a site which is subject to licensing under the Nuclear Installations Act 1965\nA dwelling, office or canteen\n3\nA building included in the Schedule of monuments maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979\nA building of purpose group 1 or 2\nBuildings not frequented by people\n4\nA building into which people cannot or do not normally go\ni. A building within 10 metres or the equivalent of its height (whichever is the less) of a boundary\nii. A wall or fence within the exceptions in Class 13 of this Schedule\n5\nFixed plant or machinery or a building housing only fixed plant or machinery, the only normal visits to which are intermittent visits to inspect or maintain the fixed plant or machinery\nA building within 1 metre of a boundary\nAgricultural greenhouses and other agricultural buildings\n6\nAn agricultural greenhouse or other building of mainly translucent material used mainly for commercial growing of plants\nA building used to any extent for retailing (including storage of goods for retailing) or exhibiting\n7\nA building used for any other form of agriculture\nA building–\ni. used to any extent for retailing (including storage of goods for retailing) or exhibiting;\nii. exceeding 2000 cubic metres in capacity; or\niii. within 10 metres or the equivalent of its height (whichever is the less) of a boundary of a building of purpose group 1 or 2\nWorks of civil engineering\n8\nA work of civil engineering construction including a dock, wharf, harbour, pier, quay, sea defence work, lighthouse, embankment, river work, dam, bridge, tunnel, filter station or bed, inland navigation, reservoir, water works, pipe line, sewage treatment works, gas holder or main, electricity supply line and supports\nA septic tank, or private sewage treatment works, which is subject to regulation 24\nBuildings of a specialised nature\n9\nA building essential for the operation of a railway, including a locomotive or carriage shed, or for the operation of a work of civil engineering contained in Class 8, and erected within the curtilage of such a railway or work\nA passenger station or terminal, a building of purpose group 1 or 2 or an office or a canteen\n10\nA road or rail passenger shelter or a telephone kiosk having a floor area not exceeding 30 square metres\nA building containing a heat-producing appliance which is subject to regulation 14\n11\nA caravan or mobile home within the meaning of the Caravan Sites and Control of Development Act 1960 or a tent, van or shed within the meaning of section 73 of the Public Health (Scotland) Act 1897\nSmall buildings\n12\nA single-storey building having an area not exceeding 30 square metres\nA building–\ni. of purpose group 1;\nii. within 1 metre of a boundary; or\niii. containing sleeping accommodation or a heat-producing appliance which is subject to regulation 14\n13\nA wall or fence\nA wall exceeding 1.2 metres or a fence exceeding 2 metres in height\nConstruction and development buildings\n14\nA building used only by people engaged in the construction, demolition or repair of any building or structure during the course of that work\nA building containing sleeping accommodation\n15\nA building used in connection with the letting or sale of any building under construction until such time as the letting or sale of all related buildings is completed\nA building containing sleeping accommodation\nTanks, cables, sewers, drains etc\n16\nAny tank, cable, sewer, drain or other pipe above or below ground\ni. A drainage system, septic tank or private sewage treatment works, which is subject to regulation 24\nii. A tank which is subject to regulation 15 or 31\niii. A cable, conductor or apparatus which is subject to regulation 26\nTemporary buildings\n17\nA building erected on a site for a period not exceeding 28 consecutive days or 60 days in any period of 12 months\nBuildings ancillary to dwellings\n18\nA single-storey building ancillary to and within the curtilage of a dwelling of purpose sub-group 1B or 1C, comprising a garage, garden hut or building for keeping animals, birds or other livestock for domestic purposes\nA building–\ni. exceeding 30 square metres in area;\nii. within 1 metre of the dwelling, unless it is at least 500 millimetres from any boundary; or\niii. containing a heat-producing appliance which is subject to regulation 14\n19\nAny other single-storey building ancillary to and within the curtilage of a dwelling of purpose sub-group 1B or 1C, including a carport, covered area, greenhouse, summer house or swimming pool cover\nA building–\ni. exceeding 30 square metres in area; or\nii. containing a heat-producing appliance which is subject to regulation 14\n20\nAn underground or substantially underground building within the curtilage of a dwelling of purpose sub-group 1B or 1C, the purpose of which is solely to afford shelter or protection from the effects of weapons of war (whether nuclear, chemical or conventional)\nA building–\ni. exceeding 30 square metres in area; or\nii. the excavation for which is nearer to any exposed part of another building than a distance equal to the depth of the excavation plus 1 metre\nPART II–BUILDINGS ATTACHED TO DWELLINGS OF PURPOSE SUB-GROUP 1B OR 1C\n21\nA single-storey extension to an existing dwelling of purpose sub-group 1B or 1C which is ancillary to the dwelling and consists of a conservatory, porch, greenhouse, carport or covered area\nA building–\ni. exceeding 30 square metres in area or, in the case of a porch, 8 square metres;\nii. containing a flue or a heat-producing appliance which is subject to regulation 14; or\niii. (except in the case of a greenhouse, carport or covered area) within one metre of a boundary",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1875 c. 17 and 1923 c. 17."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1965 c. 57."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "1979 c. 46; section 1 was amended by the National Heritage Act 1983 (c. 47), Schedule 4, paragraph 25."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "1960 c. 62."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "1897 c. 38; section 73 was amended by the National Health Service (Scotland) Act 1972 (c. 58), Schedule 6, paragraph 56."
    }
  ],
  "outstanding_effects": [
    {
      "type": "substituted",
      "affecting": "ssi/1999/173",
      "affecting_title": "The Building Standards and Procedure Amendment (Scotland) Regulations 1999"
    },
    {
      "type": "am (4.3.2002)",
      "affecting": "ssi/2001/320",
      "affecting_title": "The Building Standards (Scotland) Amendment Regulations 2001"
    },
    {
      "type": "rev in pt (4.3.2002)",
      "affecting": "ssi/2001/320",
      "affecting_title": "The Building Standards (Scotland) Amendment Regulations 2001"
    },
    {
      "type": "am & rev in pt (4.3.2002)",
      "affecting": "ssi/2001/320",
      "affecting_title": "The Building Standards (Scotland) Amendment Regulations 2001"
    },
    {
      "type": "rev. in pt.",
      "affecting": "uksi/1997/2157",
      "affecting_title": "The Building (Scotland) Amendment Regulations 1997"
    },
    {
      "type": "substituted",
      "affecting": "uksi/1996/2251",
      "affecting_title": "The Building Standards (Scotland) Amendment Regulations 1996"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2005/1082",
      "affecting_title": "The Manufacture and Storage of Explosives Regulations 2005"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1990/2179/schedule/1",
    "retrieved_at": "2026-10-29T14:58:22.753789+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}