22 May 2012The Regulations
What are the Building Regulations and what is their purpose?
The Building Regulations are legal requirements aimed at achieving adequate standards of building work for the construction of domestic, commercial and industrial buildings. They are laid down by Parliament and are supported by separate documents containing practical and technical guidance on compliance which are known as ‘Approved Documents’. These are produced in several parts each relating to different sections of the Regulations e.g. Part A (Structure), Part B (Fire Safety) etc.
Their purpose is to ensure the minimum standard to secure the health and safety of people in or about buildings. They are also concerned with energy conservation, access to and use of buildings and electrical safety.
Where can I obtain information on the standards?
The ‘Approved Documents’ both reproduce the legal requirements and give practical guidance on how to meet them. The Approved Documents can be viewed and downloaded from the Planning Portal.
Unless you have a reasonable working knowledge of construction it would be advisable, before the work has started, to obtain professional advice (e.g. from an Architect, Structural Engineer or Building Surveyor) and choose a recognised builder to carry out the work.
Separate guidance on procedures to be followed where the Regulatory Reform (Fire Safety) Order also applies, is also available, in the case of all buildings except single private dwellings.
Do my neighbours have the right to object to what is proposed in my Building Regulations application?
No. Whilst there is no requirement in the Building Regulations for the Council to consult neighbours it is prudent for you to do so and you should be careful that the work does not encroach on your neighbours land since this could lead to bad feeling and possible civil action against you for trespass. You will also need to consider if the Party Wall Act 1996 is applicable to your proposal. This is a matter of Private Law and is not administered by the Council. Please see our separate guidance sheet on this matter.
What must I do to obtain Approval?
If the building work is subject to the Building Regulations, an application must be submitted. Further guidance on applications and fees can be found in the 'Submitting an Application' section of our website.
When can I start work?
Once you have given a Building Notice and submitted Full Plans, you can start work at any time, but you must give the Local Authority a Commencement Notice at least two clear days (not including the day on which you give notice and any Saturday, Sunday, Bank or public holiday) before doing so.
Can I get a completion certificate when the work is finished?
Yes. A completion certificate will be issued to the applicant automatically by the Council, upon the satisfactory completion of the works.
What happens if I do work without Approval?
The Local Authority has to see that building work complies with the Regulations. If the work does not comply, you may be asked to alter or remove it. If you fail to do this, the Local Authority may serve a notice requiring you to do so within 28 days, and you will be liable for the costs.
If you disagree with the Notice you should tell the Council and seek advice from a suitably qualified person. The time limit will then be extended to allow discussions between your advisor and the Council to take place.
Are there penalties for contravening the Regulations?
If you contravene the regulations by building without notifying the Local Authority or by carrying out work which does not comply, the Local Authority can prosecute. If you are convicted, you are liable to a penalty not exceeding £5,000 plus £50 for each day on which each individual contravention is not put right after you have been convicted. If you do not put work right when asked to do so, the Local Authority have the power to do it themselves and recover the costs from you.
Can I obtain retrospective Approval for building work carried out without notification or Approval?
Yes. There is a provision in the Building Regulations to “Regularise” unauthorised building work that has been commenced on or after 11 November 1985. However, in applying for this “Regularisation” of unauthorised work, you must be prepared to open up as much of the construction as necessary in order for the Building Control Surveyor to ascertain compliance with the Building Regulations in force at the time of construction. Further guidance on applications and fees can be found in the 'Submitting an Application' section of our website.
