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Project Permissions

How long will I wait for permission?

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.

Once the Approval has been granted, what is the deadline for completing the work?

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within three years, the council can serve you with a notice declaring your plans “of no effect”, which means they are out of date.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.

If I apply for building regulation approval, will the council consult with my neighbour about the plans?

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.

Can I appeal if I am refused building regulation approval?

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.

Are there any penalties for not complying with the building regulations?

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.

I have carried out some building work without getting regulations approval. Is it to late to apply?

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.

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