08 January 2009What must I do to get approval for my work?
All building work subject to the Building Regulations must deposit an application. There are two ways an application can be made:
Note: The building notice procedure cannot be used for certain designated uses (essentially all works not related to domestic properties).
Full Plans
Plans are deposited for examination under the Building Regulations to get approval for the proposed works. If the project is financed by a loan the lender may require a full plans application.
A full plans application must include:
The application will be determined within five weeks. This period can be extended to eight weeks, but only by written agreement. If plans are deficient or show contraventions, the plans may be rejected unless suitably amended within this period. When plans comply or after amendment comply, an approval can be issued. If some information is still necessary, an approval subject to conditions can be issued. These conditions may require certain alterations to the plans, or additional details to be provided. Conditional approvals can only be issued by written agreement. For large or complex projects, stage approvals can be issued.
Advantages: With this type of application, as plans are checked and approved prior to commencement, those carrying out the works can be sure, provided they build in accordance with the approved plans there will be no contravention of the Building Regulations (provided the plans are a true representation of the site and proposed works). If the works or design is altered, amended drawings may be needed. If minor, these can be agreed on site with your Building Control Surveyor. Works can be started before approval, but run the same risks as a Building Notice (see below).
An approval notice is a legal document and should be kept with the deeds of the property; this notice may be needed for any future property sale.
What can I do if my plans are rejected
It is the aim of Sevenoaks District Council Building Control to work towards approving any details submitted. However, sometimes a rejection is unavoidable. If plans are rejected, a schedule will be produced detailing the contraventions. To obtain an approval, these items will need to be amended to show compliance. If you consider the rejection unjustified, you can refer the matter to the Secretary of State for the Environment/Transport for the Regions, for a determination before works start.
Building Notice
The Building Notice method allows work to be carried out without detailed plans. However, plans and calculations may be requested.
Note: this type of application does not receive the benefit of an approval or rejection.
When submitting a Building Notice the following information must be provided:
The Building Notice must be submitted at least two working days before commencing.
Important: The Building Notice procedure is intended to be used by experienced people carrying out small simple works, it is not intended to be used by the inexperienced.
Disadvantages: The Building Notice application has risks associated. As no plans are submitted and no approval issued the works are determined for compliance on site. This means work carried out, if found to contravene the Building Regulations must be rectified. Works may have to be removed, remade, taken down etc., or the intended design altered to achieve compliance.
This may result in considerable cost and delay. It is the responsibility of those carrying out the work to ensure and demonstrate compliance.
Fees
For the service provided by Building Control, a fee must be charged.
Note: These fees are separate from any fees payable for planning permission.
The fees charged are in a scale of charges under three schedules:
Full Plans Fees
Fees are normally payable in two parts (except for certain small works). The plan fee is paid on deposit of the application. This fee covers the cost of checking the plans for compliance. If plans are rejected a further plan fee will not be needed, provided the resubmitted plans are for substantially the same work. An inspection fee is payable on commencement of the works.
Building Notice Fees
A single payment is made when the application is submitted. The Building Notice fee is equal to the combined plan and inspection fee; this is a once only payment to cover all relevant work to completion.
Expiry of Approval
After three years from the date of deposit of an application where the works have not commenced, a notice may be issued to the occupier of the property or site, notifying him or her that the plans are no longer of effect. If the works are still intended to be carried out, then a new Building Regulation application will need to be submitted and a fresh fee paid. Also, the proposals will be subject to any new legislation coming into force since the original application was made.
Regularisation Certificates
Sometimes work requiring a Building Regulations application is carried out without consent.
This unauthorised work can be regularised (brought back under the control of the authority).
Note: A regularisation application does not have to be submitted nor does it have to be accepted, nor does the authority have to issue a certificate. The regularisation certificate relates only to completed work carried out after 11th November 1985.
To assess compliance with the Building Regulations works may have to be opened up and additional works may be required, in order to meet the standards of the Building Regulations.
Before a certificate can be issued, the authority must be satisfied the works comply and there is no risk to health and safety.
Regularisations are subject to a fee equal to the fee for the works less VAT, but subject to a 20% surcharge. The fee must be deposited with the application.
