Part L2A or Part L1B?

[Chris A]

Hiya,

Scenario - A domestic property that is building an outbuilding for their use only....

I would normally say Part L2A as it is something 'other than a dwelling'. But there is an argument for it to be assessed as an 'extension' (even though it isn't connected), as it is associated with a domestic property only to be used only by them.... and therefore Part L1B.

If it was connected then it would be Part L1B, and therefore a lot easier! Its not connected, but it is a valid argument?

I know I need to put the argument to BC, but wondered whether anyone has any solid proof either way??

[Icho]

Hi Chris,

Looking at Part L2A, p.29 for the definition of a dwelling:
' Dwelling includes a dwelling-house and a flat and means a self-contained unit designed to accommodate a single household'

So it looks like the new outbuilding is not really a dwelling and because it's not physically connected to the existing house I doubt if it would classify as an extension. Therefore I reckon it falls under L2A.

However, according to Part L2A Appendix C, it might be exempt from Part L altogether, if it's under 50 sq.m. or is a non-residential agricultural building with low energy demand.

[Chris A]

Thanks Icho,

yeah I agree. clutching at straws I think!!

It just seems unfair that a 'connected' extension is assessed under PartL1B (very easy to comply with), but one that inst connected is Part L2A (very hard to comply with.

Just the usual inconsistencies in the regs I suppose.

Thanks for your opinion.