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Making a Building Regulations Application
Making a Building Regulations Application
When you intend to carry out building work controlled by Building Regulations, there are two different types of application that can be used; either a Full Plans Application or a Building Notice. Building Regulation requirements can sometimes be technically quite complex and therefore many people choose to appoint an agent such as an Architect or Surveyor to submit their application and act on their behalf.
Whichever type of application you use you must deposit it with us at least 2 working days before work starts. However, in order to gain maximum benefit from our services and avoid potential delays or costly errors, please make your application as soon as possible. After all, once submitted you have 3 years in which to make a start on the project. We will tell you or your agent (if you have one) as soon as we have received and validated your application.
Full Plans Application
A full plans application is suitable for any proposed building work and should comprise:
- Two copies of the (blue) Full Plans application form.
- The required plan fee – (see separate guidance on Building Control charges).
- Two copies of detailed plans (drawn to scale preferably 1:50, and showing all relevant construction details, drainage, materials etc.).
- Two copies of any structural or thermal calculations and/or supporting information e.g. a specification.
We will check the plans against the detailed requirements of the Building Regulations and try to identify any problems at a time when they can most easily be corrected. We aim to check the plans within 10 working days and will usually provide you with a list of any queries or deficiencies. From receiving the application we have 5 weeks (or 2 months if you agree to extend the statutory time period) to work with you to resolve any issues with the plans. We will aim to approve them as soon as possible. If however we do not receive a satisfactory reply to our queries within the relevant time period, we will have to reject them. In the event of a rejection, the plans can be resubmitted at any time (within 3 years) and, assuming the proposal remains substantially the same, at no further cost. Legally, once the application is made, work may start providing 2 working days notice is given. It should be noted however, that any work undertaken prior to approval is at your own risk. Once the project is underway, we will undertake inspections of the work as it proceeds and, when satisfactorily complete, issue a Building Regulations Completion Certificate.
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Advantages of a Full Plans Application |
Disadvantages |
|---|---|
| Approved plans provide confidence that compliance can be achieved. | You may have agents fees to pay for the preparation of plans. |
| Your plans might be useful to help with any Party Wall agreements. | You have to wait for the plans to be prepared. |
| Your builder estimates the work from approved plans. | |
| Your contract with the builder can include approved plans. | |
| Your Building Control charge is payable in two stages, a plan fee accompanies the application and an invoice for the inspection charge is issued to you after work has started. | |
| An Approval Notice is available to Solicitors, lending institutions or any future purchaser of the property. | |
| Copies of the approved plans are usually retained by the Council and available to owners of the property for future reference. |
Building Notice Application
Building Notices can only be used on residential building projects and, in the case of new buildings or extensions, they cannot be used if building over or within 3 metres of public sewers. Public sewers are those sewers (drains serving more than one property) which were first laid before 1937 and are shown on the statutory map of sewers maintained by Thames Water. Thames Water are required to supply us with a copy of the map of public sewers so if you are at all unsure please contact either them or us to make sure that there are no public sewers near your proposal. Refer to the link provided below.
A Building Notice application should comprise:
- One copy of the (yellow) Building Notice application form
- The required Building Notice fee – (see separate guidance on Building Control charges)
The type of work most suited to Building Notice applications include projects such as: simple structural alterations, drainage alterations, installing a new bathroom, re-roofing work, detached garages and outbuildings etc.
In the case of such minor work we do not normally require detailed plans with a Building Notice application although we may request plans, details or calculations be submitted to help us establish that the works comply with the Building Regulations. We will usually do this within 10 working days of receiving the application although we can request such supporting information at any time during the life of the project. If you do have plans please include a copy as it helps us to understand what it is you are proposing to do. It is important to note however that even if plans are submitted with a Building Notice they may not receive a detailed check as our emphasis will be on checking the work on site for compliance as it proceeds. Once a valid Building Notice is deposited work may start providing 2 working days notice is given. Once the project is underway, we will undertake inspections of the work as it proceeds and, when satisfactorily complete, issue a Building Regulations Completion Certificate.
| Advantages of a Building Notice | Disadvantages |
|---|---|
| You may not need to have detailed plans prepared thereby saving money. | Without an approved plan work could be undertaken that we may have to ask you to remove or alter to comply resulting in delays and increased costs. |
| You may not need to wait for detailed plans to be prepared. | Without a plan, estimates from builders may be inaccurate and difficult to compare. |
| The absence of a plan can result in difficulties if you should ever become in dispute with your builder and try to enforce a "contract". | |
| In order to avoid problems you need to be confident that your builder is aware of current Building Regulation requirements (that are subjected to frequent change). | |
| Building Notices cannot be used for non-domestic work. | |
| There is no formal notice of approval of plans to give to solicitors, lending institutions or any future purchaser of the property. | |
| The full building control fee is payable on deposit of the Building Notice before works start. |
So which should I choose?
In the instances where you have a choice it's entirely up to you! - Whichever application type you do decide we will strive to offer you the best possible service. It may appear from the way we have summarized the advantages and disadvantages that it is intended to guide you away from the Building Notice route, this is not our intention. For smaller scale work, and with the benefit of an experienced builder, Building Notices are often used without problems. We simply wish you to know all the facts so that you can make a well-informed decision.
Regularisation Application
Where building work has been carried out since 1985 without the benefit of Building Regulations approval there is a procedure to apply for retrospective consent, namely an application for a Regularisation Certificate.
An application for a Regularisation Certificate should comprise:
- One copy of the (green) Regularisation application form
- The required Regularisation fee – (see separate guidance on Building Control charges)
The submission of an application for a Regularisation Certificate does not guarantee that a certificate will be issued. Parts of the work may need to be opened up for us to inspect particular elements to determine if they are adequate. We will ask you or your builder to carry out any required opening up works at your expense. We will endeavour to keep any such requests to a minimum but you will need to allow for any appropriate disruption/making good and for any required redecoration. We will advise you if any remedial works are required to bring the work into compliance with the regulations. Assuming the work has been completed in excess of 12 months you will have a choice of undertaking any necessary remedial work or of cancelling your application. Should you proceed with the remedial work to our satisfaction or we find that the work is in compliance, we will then issue a Regularisation Certificate. If you decide at any time not to proceed with the process, please note that a refund of the charge will not be given.