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BUILDING REGULATIONS

 THE BUILDING REGULATIONS

 DO I NEED BUILDING REGULATION APPROVAL?

 WHAT IS THE PROCEDURE?

 WHAT HAPPENS IF I DO WORK WITHOUT CONSENT?

It is not the purpose of this web-site to provide detailed guidance on all aspects of development and I freely admit to having no more than a passing acquaintance with the mystic arts of Building Control.

The following information will provide some general background, but I strongly advise you to seek the professional services of an architect or building surveyor.

Always consult the Councils' Building Control Officer before starting work.

 

THE BUILDING REGULATIONS set out the requirements necessary to ensure a consistent and appropriate standard of health, safety, energy conservation and accessibility is achieved in building work, for both domestic and commercial proposals. They are laid down by Parliament and are accompanied by a series of "Approved Documents" which relate to particular aspects of the Regulations.

BUILDING REGULATION PARTS

RELEVANT APPROVED DOCUMENTS

PART A

Structure

PART B

Fire Safety

PART C

Site Preparation & Resistance to Moisture

PART D

Toxic Substances

PART E

Resistance to the Passage of Sound

PART F

Ventilation

PART G

Hygiene

PART H

Drainage & Waste Disposal

PART J

Heat Producing Appliances

PART K

Stairs, Ramps & Guards

PART L

Conservation of Fuel and Power

PART M

Access & Facilities for the Disabled

PART N

Glazing - Materials & Protection

REGULATION 7

Materials & Workmanship

The Regulations cover most building works including the erection of new buildings, conversion and extension of existing buildings, and the installation of heating, drainage or sanitary facilities.

The Regulations may also introduce the need for Building Regulation Approval in relation to a change of use of a building, even if building works are not intended. This is because the change of use may introduce the need for health and safety measures, disabled access facilities etc.

The Building Regulations may also come into play in circumstances where works that you are considering undertaking may have a structural or other building impact upon adjoining property; for example, by affecting support for party walls. This is a particular consideration for the removal of trees (especially in clay subsoil areas) where the foundations of property could be affected by their removal.

 

 

DO I NEED BUILDING REGULATION APPROVAL?

You will need Building Regulation approval for the following:- (the list is by no means exhaustive)

 An extension to your property. However a porch or conservatory of under 30sqm floor area , built at ground level is exempt if the safety glazing requirements are met (Part N).

 Internal Alteration of a structural nature, or that would affect fire safety etc for a house, shop or office.

 A detached garage. Except if single storey, under 30sqm floor area, constructed of substantially non-combustible material and built with a clear space of 1m from the boundary of the property. A car port of less than 30sqm with at least two open sides, built at ground level will be exempt.

 A loft Conversion.

 Cavity Wall Insulation.

 Conversion of a house into flats. (Even if only a change of use)

 Installation, alteration or replacement of a shop front.

 Conversion of part or all of a shop or office to a house or flat.

 

You may not need Building Regulation approval for the following:-

 Internal Alterations of a non-structural nature to a house (only) that do not affect fire safety, etc.

 Repairs of a minor nature (only) to houses, shops and offices.

 Build or alter a garden wall. (Note: Different rules exist in central London)

 

 

 

 

WHAT IS THE PROCEDURE?

You have two options.

    1. to submit an application and plans to the Building Control Department of the Council; or
    2. use an Approved Inspector.

Building Control Department

You can submit a FULL PLANS application or use the BUILDING NOTICE procedure.

A Full Plans application will require you (as the title suggests) to submit detailed drawings and plans for the proposed work showing all the construction details and calculations. This should be done well in advance of the proposed start date for the work. Your proposals will be checked and consultations made with statutory authorities such as the fire service. The Council will usually try to issue a decision within 5 weeks, although this may be extended by agreement. The Council will either approve or reject the application. Approvals may be accompanied by additional conditions.

In the event of a rejection you can reapply with amended or further details, or if you consider the rejection to be incorrect then you may seek a determination from the Secretary of State before works commence. You may also be able to seek a dispensation in certain instances if the requirements are considered to be too onerous in the particular circumstances.

A Building Notice application requires less detailed plans and is more applicable to minor works. No approval notice is issued and there is no right of application for a determination.

Building Regulation fees are payable in both cases.

 

Use of An Approved Inspector

An Approved Inspector is able to give you advice, check and approve plans, inspect work and issue certificates. You work with the Approved Inspector to achieve an agreed position that is then approved by the Council in the issuing of an Initial Notice. The Inspector then becomes responsible for overseeing the work and issuing the final completion certificate. The options for a determination or dispensation remain available to you.

 

 

WHAT HAPPENS IF I DO WORK WITHOUT CONSENT?

Your work will be inspected at various stages and if it is considered unsatisfactory you may have to make alterations or even remove it.

If the Council or Approved Inspector requires rectification of the work a notice will usually be issued giving 28 days notice for the works to be put right. You may seek specialist advice, which could extend the period to 70 days. If the advice shows the Council to have wrongly issued the notice that is then withdrawn, they are liable for the expenses incurred in challenging the notice.

You may also appeal formally against a notice to the Secretary of State within prescribed time limits.

Contravention of the Building Regulations can result in prosecution with fines being levied on a daily basis. Failure to carry out the works required after conviction could result ultimately in the Council doing the work and recovering the costs from you.

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