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What are Building Regulations?
Building Regulations are a set of standards for the design and construction of buildings to ensure the safety and health of people who use and go around those buildings. They also include requirements to ensure that fuel and power is conserved and that facilities are provided for people with disabilities.
Is Building Regulation Approval the same as Planning Permission?
No. These are two entirely separate functions. Planning permission may be required even if the Building Regulations do not apply as the proposal may be an exempt structure. Planning adviceis available from the Development Control Section.
What do I do on Completion?
When your work is finished you should contact your Building Control officer to arrange a final inspection. Once the inspection has been carried out a completion certificate will be issued.
Who Administers Building Regulations?
Surveyors in the Building Control Section perform this role. Our qualified and experienced teams of surveyors will examine plans and carry out site inspections of work in progress: Their extensive knowledge of materials and construction methods and local conditions is available to assist you at all stages of the construction process.
Regularisation
If you have carried out work without first obtaining the necessary Building Regulation approval, you may experience difficulty in selling the property or re-mortgaging.
If the work was done after the 11th November 1985, there is a procedure that you can use to obtain permission retrospectively.
You should submit two copies of plans showing the work before and after with full construction details, along with a regularisation application form and the appropriate fee. This type of fee does not attract VAT but is 120% of the normal fee (pre VAT) as indicated in the fee advice tables.
Once your application is received, a surveyor will contact you to arrange a visit to the premises and evaluate what has been done. If remedial work is necessary this will be highlighted and once corrected, a regulation certificate will be issued.
When do I need Building Regulations Approval?
When you erect or extend a building
When you materially alter a building e.g. carry out structural alterations
When you extend or alter a controlled service within a building e.g. install a WC
When you want to change the building's fundamental use.
When installing replacement windows using a Builder or window company not FENSA registered.
What do we mean by a 'Change of Use'?
When a building that was not previously a dwelling is used as such.
Where a building contains a flat where previously it did not.
When a building is used as a hotel or institution where previously it was not.
When a building becomes a public building (e.g. school, theatre, hall, church) where previously it was not.
I have assessed that I do need Building Regulations Approval, so what do I do next?
The two most common ways in which you can apply for permission to build are:-
Either by
depositing 'FULL PLANS'
or
by the 'BUILDING NOTICE' procedure.
Note that if you are proposing to erect a building containing offices or shops you must deposit 'FULL PLANS'
What are the differences between the two procedures?
The benefits of the Full Plans procedure are:-
You will be advised on the Building Regulations at the design stage of your project, which means your plans are more likely to be passed by the Local Authority.
You will have a decision usually within 3 weeks - passed or conditionally approved.
You may save yourself the costly delays that can occur if you work is not up to standard. The benefits of the Building Notice procedures are:-
Where the building proposals are for minor work the Building Notice procedure is simpler than the full plans procedure.
If your proposed work is not too extensive or complex it is a good idea to use a building notice, but your builder (or you) must know what he is doing as rectification of work can be expensive.
There are no limits to it's use except as mentioned above where the building contains a shop or an office.
Will I have to pay for Building Regulations Approval?
Yes, there is an obligation to make a charge for the work of administering the Regulations. The initial amount you have to pay will depend on whether you choose the Full Plans or Building Notice procedure. You will be sent an account for the balance of the fees after commencement.
When can I start work?
You do not have to wait for the plans to be passed before starting work, however having them passed gives you some protection against unnecessary costs. After you have given a Building Notice or sent plans you can start work. If you proceed with the work without having given notice you may be asked to undo it so that the Building Control Officer can check whether it complies with the Regulations.
Failure to tell the Council
If you carry out work without telling the Council you may be committing a criminal offence for which you can receive a fine upon conviction of up to £5,000. Problems can also arise in the future if the property is sold and the relevant local authority searches reveal that permission was not obtained.
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