Building Regulations FAQs

• What are the Building Regulations?
• Who administers the Building Regulations?
• What do the Regulations cover?
• How do I get permission to carry out work?
• What will it cost?
• How will changes in Legislation affect my project?
• What happens if I don't comply with the Regulations?
• What can I do if I have already carried out work without permission?

What are the Building Regulations?

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.

Who administers the Building Regulations?

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.

What do the Regulations cover?

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 Regulations are arranged in a series of Approved Documents that cover specific areas

Each document contains:

• general guidance on the performance expected of materials and building work in order to comply with each of the requirements of the Building Regulations; and
• practical examples and solutions on how to achieve compliance for some of the more common building situations.

The Approved Documents are all listed in Annex B:‘Sources of information’.

The thirteen ‘parts’ of Schedule 1 to the Building Regulations

• A Structure
• B Fire safety
• C Site preparation and resistance to moisture
• D Toxic substances
• E Resistance to the passage of sound
• F Ventilation
• G Hygiene
• H Drainage and waste disposal
• J Combustion appliances and fuel storage systems
• K Protection from falling,collision and impact
• L Conservation of fuel and power
• M Access and facilities for disabled people
• N Glazing – safety in relation to impact,opening and cleaning

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.

How do I get permission to carry out work?

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:

• the deposit of a full plans application; or
• the giving of a building notice (except for certain types of building work – primarily in respect of fire safety issues where a building is used as a workplace or where it may affect a drain).

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.

What will it cost?

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

How will changes in Legislation affect my project?

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.

What happens if I don't comply with the Regulations?

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 the 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.

What can I do if I have already carried out work without permission?

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.