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The frequently asked questions are split into three main areas. If the question you are looking for is not present below please Email it to us and we will do our best to give you a full answer:
The Building Regulations are made under powers provided in the Building Act 1984,and apply in England and Wales. The current edition of the regulations is ‘The Building Regulations 2000’(as amended) and the majority of building projects are required to comply with them. They exist to ensure the health and safety of people in and around all types of buildings (i.e. domestic, commercial and industrial). They also provide for energy conservation, and for access and facilities for disabled people.
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Since 1984 Building Control has been open to competition from the private sector who, as Approved Inspectors can provide the building Control service. The largest approved Inspector is NHBC Building Control Services who operate in the new housing market. Other commercial Approved Inspectors operate in the commercial and industrial sectors. Since 1999 all service providers have been obliged to adhere to the "Building Control Performance Standards" document which lays down a suggested framework for level of service provision. Only Local Authorities have powers to enforce the Regulations.
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The erection of new buildings, the extension or alteration of existing buildings and the provision of a controlled service or fitting (e.g. drainage, heat producing appliances). The Regulations also apply where certain changes of use to a building occur. There are certain minor building work that does not require approval. See Will my Project require permission?
The Regualtions are arranged in a series of Approved Documents that cover specific areas
Each document contains:
The Approved Documents are all listed in Annex B:‘Sources of information’.
The thirteen ‘parts’ of Schedule 1 to the Building Regulations
The guidance in the documents does not amount to a set of statutory requirements and does not have to be followed if you wish to design and construct your building work in some other way, providing you can show that it still complies with the relevant requirements. The guidance will be taken into account when considering whether your plans of proposed work, or work in progress, comply with particular requirements. In addition, there is a legal presumption that if you have followed the guidance, then this is evidence that your work has complied with the Building Regulations back to top
Depending upon the scale and type of work involved you may have the option of following one of two different procedures available within this service:
Full Plans application:
An application deposited under this procedure needs to contain plans and other information showing all construction details, preferably well in advance of when work is to start on site. Your local authority will check your plans and consult any appropriate authorities (e.g. fire and sewerage). They must complete the procedure by issuing you with a decision within five weeks or, if you agree, a maximum of two months from the date of deposit.
If your plans comply with the Building Regulations you will receive a notice stating that they have been approved. If your local authority is not satisfied you may be asked to make amendments or provide more details. Alternatively, a conditional approval may be issued. This will either specify modifications which must be made to the plans; or will specify further plans which must be deposited with your authority. Your local authority may only apply conditions if you have either requested them to do so or have consented to them doing so. A request or consent must be made in writing. If your plans are rejected the reasons will be stated in the notice.
Your local authority will carry out inspections of the building work once it is in progress. They will explain about the notification procedures which the regulations require you to follow at various stages of the work – e.g. in connection with foundations, damp proof courses and drains. In addition, if you request one when you first make your application, the local authority will issue you with a completion certificate provided they are content that the completed work complies with the Building Regulations
A further point to bear in mind is that, if a disagreement arises with your local authority, the ‘full plans’ procedure enables you to ask for a ‘determination’ from (in England) the Office of the Deputy Prime Minister or (in Wales) the Welsh Assembly Government about whether your plans do or do not comply with the Building Regulations.
The Building Notice procedure:
This procedure does not involve the passing or rejecting of plans. It therefore avoids the preparation of detailed ‘full plans’, and is designed to enable some types of building work to get under way quickly; although it is perhaps best suited to small work. There are also specific exclusions in the regulations as to when building notices cannot be used. These are for building work which is subject to section 1 of the Fire Precautions Act 1971 or Part II of the Fire Precautions (Workplace) Regulations 1997;for work which will be built close to or over the top of rain water and foul drains shown on the ‘map of sewers’; and where a new building will front onto a private street. If you decide to use this procedure you need to be confident that the work will comply with the Building Regulations or you will risk having to correct any work you carry out if your local authority requests this. In this respect you do not have the protection provided by the approval of ‘full plans’.
Once you have given your ‘building notice’ and informed your local authority that you are about to start work, the work will be inspected as it progresses. You will be advised by the authority if the work does not comply with the Building Regulations. If before the start of work, or while work is in progress, your local authority requires further information such as structural design calculations or plans, you must supply the details requested.
A local authority is not required to issue a completion certificate under the ‘building notice’ procedure; and because no ‘full plans’ are produced it is not possible to ask for a determination if your local authority says your work does not comply with the Building Regulations. back to top
A charge is payable dependant on the type of work being carried out and the form of Application used. A Full plans Application has both a plan charge (payable at submission stage) and an inspection charge (payable after the first inspection). A Building Notice has one charge (payable at submission stage) but this is exactly the same amount as the Full plans charge.
If you are building a new house(s) the charge can be found in schedule 1
If you are extending a domestic property the charge can be found in schedule 2
For all other work the charge is based on an estimate of the cost of work and can be found in Schedule 3
Legislation is constantly changing to improve standards to new work, the most recent is for Thermal Insulation. The date permission is granted ties the work to the Regulations in force at the time of the Approval. You can however still chose to build to the newer standard if you want back to top
If work is carried out without Approval it is classified as unauthorised. The Authority has powers to take legal action to require an application to be made and to open up work to check for adequacy. You could also be fined for failing to comply and pay to have offending work altered. In extreme cases work may be required to be taken down
Probably the most serious problem will tbe the effect on any future house sale. Approval Notices and Completion Certificates are now needed as standard for any conveyancing and you will more than likely experience problems selling. You may also find that your house insurance is invalidated. back to top
If you have already carried out work without obtaining permission then if the work was carried out after November 1985 then you can apply retrospectively for a Regularisation Certificate. You may have to expose certain areas of work to establish compliance with Regulations in force at the time the work was carried out. There is a charge for this equivalent to the relevant charge for carrying out the same work today plus a further 20%, however there is no VAT payable. There are some areas that the Authority may exclude from the Certificate because it is impossible to determine adequacy (e.g. floor slabs) without substantial damage. back to top
With a Building Notice, there is no delay once your Notice is accepted. So work could be underway within a few days. With a Full Plans submission the situation is a little different, as the plans have to be thoroughly examined before an Approval Notice is issued. A council must give a decision on an application within 5 weeks of receiving it – extended to 2 months with your written consent. If the deadline is not met, the council loses some of its enforcement posers and is liable to repay part of the charge. Back to top
There is no time limit laid down. But if you do not start the work within three years, the council can serve you with a notice declaring your plans “of no effect”, which means they are out of date. If you want to go ahead after received on of these, you will need to submit a fresh application. Back to top
No. Councils are not obliged to consult adjoining owners about building regulation applications (as they normally do with planning applications). If a proposal interferes with a neighbours property or legal rights then it is up to the neighbour to safeguard those rights. However, it is always advisable to let neighbours know about any proposals that may affect them before work starts. Back to top
If your plans are rejected because they do not meet the regulations technical requirements, you will be informed and given the chance to amend your plans and re-submit. If it is the case that you do not agree with the councils interpretation of the regulations, you can refer the matter to the Secretary of Sate for a ‘Determination’. Let the council know you want to take this course of action, and you will be advised of the necessary procedure. Back to top
Yes. If you council considers that your work does not comply with the regulations, it has powers to order you to pull down or alter the work. In the case of serious and persistent contraventions, you could be fined for failing to comply. Back to top
No. Recent amendments to the building regulations have made it possible to apply for retrospective approval to cover work that has been carried out without permission. You will need to get a Regularisation Certificate, and you might have to open up some parts of the work for inspection. Back to top
YES – as a new building all the relevant requirements in the regulations will apply in full. Back To Top
YES – but a porch or conservatory built at ground level and under 30m2 in floor area is exempt provided that the glazing complies with the safety glazing requirements of the Building Regulations (i.e. Part N: ‘Glazing – safety in relation to impact, opening and cleaning’). Annex A summarises the exemptions in the Building Regulations. Your Building Control Service can supply further information on safety glazing.
You should not construct a conservatory where it will restrict ladder access to windows serving a room in the roof or a loft conversion, particularly if any of the windows are intended as a way of facilitating escape or rescue if there is a fire. Back To Top
YES – but a carport extension, open on at least two sides and under 30m2 in floor area, is exempt. You should ensure that a carport does not interfere with the proper working of a low-level flue outlet from an oil or gas appliance (guidance on the location of flues can be found in Approved Document J). See Annex A which summarises the exemptions in the Building Regulations. Back To Top
NO – the building will be exempt from the regulations but only providing it is:
(see also Annex A which summaries the exemptions). Back To Top
NO – these buildings will be exempt from the regulations but only providing the building is fully covered by the definitions and conditions given in Schedule 2 to the Building Regulations (see Annex A which summarises these exemptions). Back To Top
YES – The relevant requirements of the regulations will be applied so as to ensure, for example :the structural strength of the proposed floor is sufficient; the stability of the structure (including the roof) is not endangered; safe escape from fire; and safely designed stairs to the new floor. Back To Top
YES – very likely. The regulations specify what forms of alteration amount to ‘material alterations’ and are therefore ‘Building Work’, taking account of the potential for the proposed work to adversely affect compliance of the building with specific requirements. On this basis the regulations are very likely to apply if your project will involve alterations to the structure of the building (e.g. the removal or part removal of a load bearing wall, joist, beam or chimney breast); will affect escape or other fire precautions either inside or outside the building; or will affect access or facilities for disabled people. On the assumption that the regulations do apply, all the work involved in the alteration must comply with all the appropriate requirements. Back To Top
YES – if you are replacing the whole of the fixed frame and opening parts. If the work is to your home and you employ a FENSA (Fenestration Self-Assessment Scheme) registered installer, you will not need to involve a Building Control Service *. But on completion the installer must give your local authority a certificate that the work complies with Part L and other appropriate parts of the Building Regulations. You will be provided with a certificate of compliance for your records.
NO – if the work amounts to no more than, for example, replacing broken glass, replacing fogged double-glazing units, replacing some rotten sashes (i.e. opening parts) in the main window frame, or replacing some rotten sections of the main frame members.
If your building is listed nationally, or locally in some way, for its architectural or historic interest and/or is located in a sensitive urban or rural environment (e.g. a Conservation Area or an Area of Outstanding Natural Beauty), you should note that English Heritage have produced an Interim Guidance Note on the application of Part L (‘Conservation of fuel and power’) of the Building Regulations. The Note offers advice on how to balance the needs for energy conservation with those of building conservation (see Annex B: ‘Sources of information’). Back To Top
NO – if the repairs are of a minor nature: e.g. replacing roofing tiles with the same type and weight of tile; replacing the felt to a flat roof; re-pointing brickwork; or replacing floorboards.
YES – if the repair work is more significant: e.g. removing a substantial part of a wall and rebuilding it; underpinning a building; or installing a new flue or flue liner. In the case of re-roofing: (i) if the new tiling or roofing material is substantially heavier or lighter than the existing material – then the Building Regulations may apply; but (ii) if the roof is thatched, or is to be thatched where previously it was not – then the Building Regulations will apply. Back To Top
YES – the regulations define this as a ‘material change of use’ and specify the requirements with which, as a result of that change of use, the whole or part of the building must comply (e.g. those concerned with escape and other fire precautions, hygiene, sound insulation, and conservation of energy). The whole or part of the building may therefore need to be up-graded to make it comply with the specified requirements. Back To Top
NO – the regulations do not define this particular change of use as ‘material’. However, if your proposed project involves work which will affect the structure of the building, the means of escape and other fire precautions, or affect the access and facilities for disabled people, the regulations will regard your work as a ‘material alteration’(and therefore ‘Building Work’) which must then comply with the regulations (see also question (g)). You should also check with the local Fire Authority, usually the County Council, to see what ‘on-going’ fire precautions legislation (such as the Fire Precautions Act 1971 and/or the Fire Precautions (Workplace) Regulations 1997) will apply when the building is in use. Back To Top
YES – the regulations define this as a ‘material change of use’ and specify the requirements with which, as a result of that change of use, the whole or part of the building must comply (e.g. those concerned with escape and other fire precautions, hygiene, sound insulation, and conservation of energy). The whole, or at least part, of the building may therefore need to be upgraded to make it comply with the specified requirements. Back To Top
YES – because of the likely affect on the structure, escape and other fire precautions, and access and facilities for disabled people, this type of project is likely to be regarded as a ‘material alteration’ (see also question (g)), and therefore ‘Building Work’. The appropriate requirements will be applied so as to ensure, for example, that these aspects are addressed together with others such as the safety of the glazing. However, shop display windows do not have to comply with the energy efficiency requirements. Back To Top
NO – but you should, of course make sure that the work is done safely to avoid accidents. A free leaflet is available on the safe construction of free standing walls (see Annex B: ‘Sources of information’). Back To Top
YES – the regulations specifically define this as ‘Building Work’. The requirements will be applied so as to ensure the insulation material is suitable for the wall construction, and that in the case of some foam insulants the risk of formaldehyde gas emission is assessed. Back To Top
YES – the regulations specifically define this as ‘Building Work’. The requirements will be applied so as to ensure that the underpinning will stabilise the movement of the building. Particular regard will need to be given to the effect on any sewers and drains near the work (see paragraph 3.3). Back To Top
Since 1st January 2005 YES – but some small types of work do not require permission (Non Notifyable work). Any electrical work will have to be carried out and certified by a competent electrician or certified by a competent electrician at the relevant installation stages and an Application will be required unless your electrician is also a member of a Competent persons scheme and is therefore able to self certify the work. You should see the guidance contained in the "Whats new" page, the "Downloads" page for more information and the "Links" page for the Registered Competent Persons scheme.
However even Non notifyable work electrical work should be acceptably safe whoever undertakes it. This can be achieved by following the recommendations for design, installation, inspection, testing and certification in ‘Requirements for Electrical Installations – IEE Wiring Regulations’ (BS 7671) (see Annex B: ‘Sources of information’).
Your contract with the electricity distribution company has conditions about safety which must not be broken. In particular, you should not interfere with the distribution company’s equipment which includes the cables to your consumer unit or the cables up to and including the separate main isolator switch if provided; and Back To Top
YES – if the installation of the fitting or fittings will involve alterations to, or new connections to, a drainage stack or an underground drain. You should also check with your Building Control Service to find out how much information is required about the fittings you intend to use. If you employ an installer registered with the Institute of Plumbing, you will not need to involve a Building Control Service*.
NO – provided the work only involves installing an additional fitting or fittings in the same or a new location which does not involve extensions to the drainage pipework. Back To Top
YES – if you are installing or replacing a hot water cylinder within an unvented hot water storage system (i.e. a system supplied directly from the water mains with no open-ended pipe for venting and with a storage capacity greater than 15 litres). The requirements are for hot water to be safely stored under pressure and for the installation to be energy efficient. The cylinder should be installed by a person competent to do so. A free leaflet is available on ‘Unvented hot water storage’(see Annex B: ‘Sources of information’).
YES – if you are installing or replacing a hot water cylinder within a vented hot water storage system (i.e. a system fed from an open-ended pipe for venting). The requirements are for the installation to be energy efficient. If you employ an installer registered with the Institute of Plumbing for a vented system, you will not need to involve a Building Control Service *.
For either type of system your installer should leave you with a completed installation record and commissioning certificate such as the one produced by the BENCHMARK scheme. Some manufacturers attach BENCHMARK certificates to cylinders ready for installers to complete.Back To Top
YES – they will apply to new rainwater or foul drains inside as well as outside the building. The Building Regulations also apply to all non-mains foul sewerage arrangements (i.e. those using septic tanks), including their outlets and drainage fields. (See also paragraph 3.3 which refers to proposed building work close to or on top of drains). If the work involves a drain which is less than 750mm below the surface of the ground and you employ an installer registered with the Institute of Plumbing, you will not need to involve a Building Control Service *.
Except in an emergency, your local authority should be given at least 24 hours notice of any intention to repair any underground drain (section 61 of the Building Act 1984).Back To Top
In general, but with certain limitations (e.g. relating to appliance output and the height of the building),the above registered installers may also carry out associated building work necessary to ensure that the appliance complies with the Building Regulations, without involving a Building Control Service *. This may include work on a hearth, fireplace or flue.
The fuel burning appliance installer should provide you with information about the safety performance limits of the installation and should also fix a notice plate in a place where it will be readily seen – e.g. adjacent to the mains water stop cock or adjacent to the electricity consumer unit.
If you are having a boiler installed, your installer should leave you with a completed installation record; a commissioning certificate such as the one produced by the BENCHMARK scheme; and a User Instruction Manual. Back To Top
YES – but if you employ a GAS SAFE registered installer with the relevant competencies to carry out the work, you will not need to involve a Building Control Service *.
The installer should follow the appliance manufacturer’s instructions or take other steps such as following the guidance in ‘Installation and Maintenance of Flues and Ventilation for Gas Appliances (etc)’(BS 5440) (see Annex B:‘ Sources of information’) so that adequate means of ventilation is available for dispersing the water vapour produced by the appliance to the outside air.
The Health and Safety Executive (HSE) provide two free leaflets on the hazards posed by domestic combustion appliances and how these can be safely managed – ‘Gas appliances. Get them checked – keep them safe’ and ‘Landlords:A guide to landlord’s duties’ (see Annex B: ‘Sources of information’). Back To Top
YES – if the work involves the provision of a new or replacement flue or flue liner, or the provision of a new or replacement hearth, fireplace or chimney. But see also question (u) above regarding building work which is a necessary part of installing a new fuel burning appliance.
NO – if the work amounts to no more than alterations to fireplaces, hearths, flues and chimneys it may not be subject to the Building Regulations. However, this type of work should always take account of the guidance in Approved Document J (‘Combustion appliances and fuel storage systems’). It is vital that flues should operate efficiently, and that risks of the building catching fire or of people suffering burns should be minimised. Back To Top
YES – if the installation is above ground the requirements will be applied to achieve adequate shielding of the tank from any surrounding fire and, in the case of an oil tank, containment of oil leakages so that ground water is not contaminated. Where new oil connecting pipework is proposed, a fire valve will be needed at the point where the pipe enters the building. If you are installing an oil tank and/or connecting pipework and you employ an installer registered with OFTEC (Oil Firing Technical Association for the Petroleum Industry), you will not need to involve a Building Control Service*. Back To Top
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