Application FAQ

Will the Building Regulations apply if...

• I want to build a new home of any type (i.e. a house, bungalow, maisonettes or a block of flats) or any other type of new building?
• I want to build an extension to my home?
• I want to build a garage extension onto my home?
• I want to build a detached garage under 30m2 in floor area?
• I want to carry out a loft conversion to my home?
• I want to carry out internal alterations within my home or any other type of building?
• I want to replace one or more windows in my home, or any other type of building?
• I want to convert my house into flats?
• I want to convert my home into a shop or office?
• I want to insert insulation into a cavity wall?
• I want to underpin all or part of the foundations to my building?
• I want to install or replace electric wiring?
• I want to install fittings such as a WC, shower, washbasin, or kitchen sink within my home, or any other type of building?
• I want to install or replace a hot water cylinder?
• I want to lay new drains and/or install a septic tank within the boundary of my property?
• I want to install, replace or alter the position of any type of fuel burning appliance (including a gas boiler with a flue)?
• I want to install a fixed, flueless, gas appliance such as a cooker or fire?
• I want to alter in any way the construction of fireplaces, hearths or flues, or to repair them in any way which could affect their safe operation and containment of heat?
• I want to install or replace an oil or liquid petroleum gas (LPG) tank (and/or connecting pipework) outside my home?
• I want to carry out repairs to my home, or any other type of building?
• I want to build or alter a garden wall or boundary wall?
• I want to put up a greenhouse or a small detached building such as a garden shed or summerhouse in my garden?
• I want to convert part or all of my shop, office or any other type of non-domestic building into a flat or any other type of home?
• I want to install, alter or replace my shop front?

I want to build a new home of any type (i.e. a house, bungalow, maisonettes or a block of flats) or any other type of new building

YES – as a new building all the relevant requirements in the regulations will apply in full.

I want to build an extension to my home

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.

I want to build a garage extension onto my home

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.

I want to build a detached garage under 30m2 in floor area

NO – the building will be exempt from the regulations but only providing it is:

• under 30m2 in floor area;
• single storey and does not contain any sleeping accommodation; and provided either:
  – it is built substantially of non-combustible material; or
  – when built it is no less than 1m from the boundary of the property.

(see also Annex A which summaries the exemptions).

I want to put up a greenhouse or a small detached building such as a garden shed or summerhouse in my garden

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).

I want to carry out a loft conversion to my home

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.

I want to carry out internal alterations within my home or any other type of building

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.

I want to replace one or more windows in my home, or any other type of building

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’).

I want to carry out repairs to my home, or any other type of building

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.

I want to convert my house into flats

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.

I want to convert my home into a shop or office

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.

I want to convert part or all of my shop, office or any other type of non-domestic building into a flat or any other type of home

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.

I want to install, alter or replace my shop front

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.

I want to build or alter a garden wall or boundary wall

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’).

I want to insert insulation into a cavity wall

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.

I want to underpin all or part of the foundations to my building

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).

I want to install or replace electric wiring

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.

I want to install fittings such as a WC, shower, washbasin, or kitchen sink within my home, or any other type of building

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.

I want to install or replace a hot water cylinder

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.

I want to lay new drains and/or install a septic tank within the boundary of my property

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).

I want to install, replace or alter the position of any type of fuel burning appliance (including a gas boiler with a flue)

• All Gas appliances: 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 *.
• Solid fuel appliances: YES – but if the building is no more than three storeys and you employ an installer registered with HETAS (Heating Equipment Testing and Approval Scheme) to carry out the work, you will not need to involve a Building Control Service *.
• Oil appliances: YES – but if the building is no more than three storeys and you employ an installer registered with OFTEC (Oil Firing Technical Association for the Petroleum Industry) to carry out the work, you will not need to involve a Building Control Service *.

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.

I want to install a fixed, flueless, gas appliance such as a cooker or fire

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’).

I want to alter in any way the construction of fireplaces, hearths or flues, or to repair them in any way which could affect their safe operation and containment of heat

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.

I want to install or replace an oil or liquid petroleum gas (LPG) tank (and/or connecting pipework) outside my home

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*.