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      Building Control - Frequently Asked Questions

 

Building Control - Frequently Asked Questions

Questions

Answers


Q1    What are the Building Regulations?

         The Building Regulations are levels of performance laid down by
         Parliament dealing with the construction of buildings and the installation
         of some services.  The regulations cover a comprehensive range of
         requirements including issues such as structural stability, fire safety,
         moisture resistance, saving energy and making buildings suitable for
         disabled people.  Return to top

Q2    Who enforces the Building Regulations?

          The Building Control Surveyor checks plans for compliance with
         Building Regulations and carries out inspections of work on site as it
         progresses. Ultimately, and where appropriate, formal enforcement is
         carried out by the Local Authority through the Courts on the evidence of
         the Building Control Surveyor. However, this is extremely rare as the
         emphasis of the service is about working together with applicants to
         find practical cost effective ways of achieving the required minimum
         standards of health and safety whilst meeting the aspirations of the
         client/designer.  Return to top

Q3    What work is subject to Building Regulations?

          If you want to put up a new building or extend or alter an existing one,
         the Building Regulations will probably apply. They will probably also
         apply if you put a building to a differing use. Building Regulations
         approval is completely different from Planning Permission and it does
         not mean that if you get one you will automatically get the other.
         Return to top

Q4    Is Planning Approval the same as Building Control Approval?

          No. Planning deals with issues such as aesthetics, the impact on the
         environment, traffic and neighbour notification etc. Building control
         is concerned with health and safety issues, energy conservation and
         disabled access and use of buildings.  Return to top

Q5    Do I need both Planning and Building Control approvals?

         In most cases approval is required from both Building Control and
         Planning but some minor works may be permitted development
         under planning law and/or exempt from Building Regulations. It is
         advisable to check with both offices before proceeding.  For Building
         Control call 0208 547 4699 and for Planning 0208 547 5332.
         Return to top

Q6    When do I need Building Regulation Approval?

        (i)    Do I need approval to build an extension to my house?
                Yes, although the regulations do not apply to some extensions at
               ground level with a floor area no bigger than 30 square metres. These
               are a conservatory, porch, covered yard or covered way, or a carport
               open on at least two sides. However even if a structure itself is
               exempt from Building Regulations, fixed electrical installations may
               still be subject to control [see Q6 (x)].

               Please also note that you should still use safety glass for doors and
               windows next to doors and also for any windows with cills less than
               800mm above the floor. In addition, for conservatories to be classified
               as exempt, at least 75% of the roof and 50% of the walls should be
               glazed or translucent and any doors and windows maintained
               between the existing house and the conservatory. Please also see
               our page on 'Altering or extending your home?'.  Return to top

        (ii)  Do I need approval to convert my loft into a room?
                Yes, please see our page on
               'Thinking about a Loft Conversion?'.  Return to top

       (iii)  Do I need approval to remove a chimney breast from within my
               house?
               Yes, unless the chimney breast is being removed in its entirety
               and there will be no adverse structural affects. Please see the
               London District Surveyor’s Information Sheet on the
               'Consents Required Prior to Chimney Breast Removal'.

       (iv)   Do I need approval to make internal alterations within my
                house?
               Yes, if the alterations are of a structural nature, involve the removal or
               part-removal of a load-bearing element (e.g. wall partition, joist,
               beam, chimney breast), or if in altering the house, work is necessary
               to maintain the means of escape in case of fire.  Return to top

       (v)    Do I need approval to build a detached garage, shed or similar
               structure in my garden?
               The regulations do not apply to a single storey building with floor
               area no bigger than 30 square metres and no sleeping area such
               as a detached garage. The building must also be at least 1 metre
               from the boundary of the property or, mostly made of non-combustible
               material.

               The regulations do not apply to a detached building with a floor area
               no bigger than 15 square metres and no sleeping area, for example
               a garden shed or greenhouse. However even if a structure itself is
               exempt from Building Regulations, fixed electrical installations may
               still be subject to control [see Q6 (x)].  Return to top

       (vi)   Do I need approval to install new windows in my house?
               Yes, unless you use a company that is registered under the Fensa
               (Fenestration Self-Assessment) Scheme when they are authorised
               to self-certify that the work complies with the regulations. The
               Council subsequently receives notification from Fensa
               after the windows have been installed. Please see the guidance
               leaflet produced by the District Surveyors Association on
               'Replacement Windows to Existing Dwellings'.
               Return to top

      (vii)   Do I need approval to carry out repairs to my house?
               No, if the repairs are of a minor nature and you are replacing
               like for like. Yes, if the repair consists of re-roofing or removing
               a major part of a wall and rebuilding it or underpinning
               a load-bearing wall. Please note that the renovation or replacement
                of a "thermal element" e.g. an external wall or roof, will require that
                element to conform to the latest standards for thermal insulation.
               Return to top

     (viii)    Do I need approval to convert my house into flats?
                 Yes.

      (ix)    Do I need approval to install fittings and appliances within my
                 house that involve:

                 (a)  The installation or alteration of the position of a WC,
                          bath, etc?
                         Yes, but only if the work involves new drainage or plumbing.

                 (b)   The installation or alteration of a heating appliance?
                          Yes, unless the installer is able to self-certify his or her work
                         as complying with the regulations.  Return to top

         (x)    Do I need approval to install or replace electrical wiring in my
                  house?
                  Yes, most probably. From 1st January 2005, fixed domestic
                  electrical installations, where the electrical supply is shared with
                  a dwelling house or flat are controlled by Building Regulations.
                  In essence, either the work can be self-certified by an electrician
                  registered with one of the Self-Certification Competent Person
                  Schemes or application (either full plans or Building Notice) must
                  be made to the local authority together with the relevant charge.
                  Where electrical work is dealt with by us, an electrical installation
                  and test certificate signed by a competent electrician will be
                  required. Please note that such electrical installations are controlled
                  even if the structure itself is exempt from Building Regulation
                  control.  Return to top

Q7    What must I do to obtain approval?

         If your building work requires Building Regulation approval, there are two
         procedures to choose from:

         (i)    Deposit a Full Plans Application or
         (ii)   Submit a Building Notice

         For a Full Plans application, detailed scaled plans need to be drawn
         up showing all constructional details.  The Building Notice procedure
         is intended for less complex projects that do not involve buildings
         where people work.  Also Building Notices cannot be used for new
         buildings or extensions near, (within 3 metres), or over, public sewers.
         In such cases Full Plans must be deposited. Please see our Guidance Note on
         Building Over or Near to Sewers.  If you are unsure whether
         a public sewer runs near to your proposed work please feel free to
         contact us and we will check the sewer map that Thames Water
         provides.  Return to top

Q8    Do I have to pay anything for the services?

         Yes. A fee is payable to the Council unless the work is exempt or is solely
         to provide access and facilities for the benefit of a disabled person.  See
         our Guidance Note on Charges or On-line charges calculator .
         Return to top

Q9    How quickly will my Building Regulations application be dealt with?

         We aim to check all applications within 10 working days of receipt.
         If any matters require attention we will usually contact you and provide
         you with the opportunity of amending your application and/or of supplying
         further information. With Full Plans applications the law requires that we
         must issue a formal decision within 5 weeks of receipt or, if we agree,
         to extend the statutory time period up to 2 months from receipt. We do
         however aim to approve your details just as soon as we have received
         the information and have verified that it is satisfactory.  Return to top

Q10  Do my neighbours have the right to object to what is proposed in my
          building regulations application?

          No.  However, objections may be raised under separate legislation -
          for example, if your proposal is subject to approval under the Planning
          Acts.  You should also be aware of any obligations under the
          Party Wall Act.   Return to top

Q11  There is no difference in the total cost between a Full Plans
          application and a Building Notice.  What will the Council do?

          If you use a Full Plans procedure, the Council will check your plans
          and consult appropriate authorities, e.g. the Fire and/or Water
          Authorities.  If your plans comply, you will receive a formal notice
          confirming that they have been passed. If the Council are not satisfied,
          you may be asked to make amendments or provide more details.
          If your plans are rejected, the reasons will be stated in the notice.
          By working to approved full plans you can be assured that if you
          follow those plans then the work will comply with the regulations.
          Inspections of the work will be made as it progresses. If you use the
          Building Notice procedure you will not receive a formal approval or
          rejection notice as the emphasis of checking is based on site
          inspections made during the course of the work. If however we
          require further information or a plan, you must still supply the details
          requested. With both full plans and a Building Notice, when satisfied
          that the work is complete and in accordance with the regulations,
          we will issue a Completion Certificate.  Return to top

Q12  Where can I obtain information on the standards to which I must
         build?

          From 'Approved Documents', published by Her Majesty's Stationery
          Office, giving practical guidance on meeting the requirements of the
          regulations.  These documents are also available to view on-line from
          the government's Planning Portal Website. However, you are not obliged
          to use any particular solution if you prefer to meet the requirements of
          the regulations in another way.  Return to top

Q13  What can I do if my plans are rejected?

          You can resubmit them with amendments to make them comply with
          Building Regulations.  With any rejection notice we issue a
          'resubmission form', which you can simply sign and return together
          with your amended plans.  Assuming the proposed scheme is
          substantially the same, no further plan fee is required.  Alternatively,
          if you think the decision to reject is not justified, you can refer the matter
          to the Department for Communities and Local Government for their
          determination.   Return to top

Q14  Can you recommend a builder or tradesman?

          As an independent checking authority we are unable to recommend
          builders or tradesmen. However good advice on finding someone
          reliable to carry out work on your home can be found in the step by step
          guide published by the Office of Fair Trading:
          'Having work done on your home'.  Return to top

Q15    I am ready to start work, what should I do?

           Once you have submitted a valid Building Notice or Full Plans
           application, you can start work at any time, but you must give us two
           working days' notice of your intention to do so.  If relevant, you or your
           builder should tell us when you have:

           ●   Dug the foundations (before you concrete).
           ●   Concreted the foundations.
           ●   Prepared the oversite to the ground floor (before concreting).
           ●   Put in the damp proof course (before you cover it up).
           ●   Put in the foul water drainage (before you backfill it).
           ●   Put in the surface water drainage (before you backfill it); and
           ●   Completed the work.

           The inspections listed above will not always be relevant for every job.
           For example with loft conversions we will usually need to inspect the
           structural supports before they are covered up.  Please visit our web
           page 'Book an Inspection' or for further detailed advice please speak
           to the Building Control Surveyor dealing with your proposals.
           Return to top

Q16   Can I start work without Building Control Approval?

           No - If you have not submitted an application.  Yes - Once the
           application is submitted you can go ahead and commence work even
           if an approval (if applicable) has not been issued.  However, you
           must ensure that all relevant works are inspected and agreed by the
           Building Control Surveyor.  Return to top

Q17   What happens once my work is finished?

           Please contact us to arrange a final inspection when your work is
           finished. Do not make the final payment to your builders until we have
           carried out our last inspection. We will give you a Completion Certificate
           when we have checked the work meets the required standards. This is
           an important document that should be kept safely as it will be required
           by solicitors when the property is sold.  Return to top

Q18   What happens if I do work without approval?

            The Council has to see that building work complies with regulations.
           If the work does not comply, you may be asked to alter or remove it.  
           If you fail to do this, the Council may serve a notice under Section 36
           of the Building Act 1984 requiring you to do so. The Council also
           provides information about Building Control applications to people
           undertaking Land Search enquiries. Therefore any work carried out
           without the benefit of Building Control approval, usually evidenced by a
           Building Regulations Completion Certificate, is very likely to prevent
           the sale of the property.  Return to top

Q19   Are there penalties for contravening Building Regulations?

          Yes.  The Council can commence proceedings, which may lead to a
          fine.  Please see the Royal Borough's Building Control
          Enforcement Policy.  Return to top

Q20   How long does the Council have to take formal enforcement action
           for a contravention of the Building Regulations?

          If the Council is to serve notice under Section 36 of the Building Act
          then it must do so within 12 months of the offence occurring.
          Proceedings for a fine must be taken within 6 months and there is
          also provision for a continuing daily financial penalty. However, in
          respect of serious public safety infringements there is provision to
          enable anyone, including the Local Authority, to seek an injunction
          from the Courts which is not subject to the same time constraints.
          Please see the Enforcement Policy.
          Return to top

Q21   Can I get previously unauthorised building work regularised?

          It is possible for unauthorised building work, which was commenced
          on or after November 1985 to be regularised. You will need to make
          an application for a Regularisation Certificate. Please see our page on
          Building work carried out without approval.  Return to top

 

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