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2_______________________

The Building Regulations 2010

The Building Regulations are national standards that apply to all types of building and set standards for the design and construction of new and altered buildings. This includes foundations and damp proofing, as well as the overall stability of the building. The aim of the Regulations is to ensure that buildings are safe and accessible and to limit any waste or environmental damage. The Regulations also include requirements relating to security, insulation, ventilation, heating, fire protection and means of escape as well as ensuring that appropriate facilities are provided for people, including those with disabilities. Those who intend to carry out building work must arrange for their work to be checked by an independent third party to ensure that the work meets the required standards.

The Building Regulations contain both procedural regulations and technical requirements. The former state the type of work that needs Building Regulations approval and how to get it, while the latter set the standards for the work being undertaken.

Building Regulations are amended on a regular basis. Since Edition 8 of this book was written in 2014, changes to Approved Documents B (Fire safety), M (Access to and use of buildings) and a completely new Approved Documents Q (Security) and R (Physical infrastructure for high-speed electronic communications networks) have been introduced.

You will be considered to have contravened Building Regulations if you carry out building work which does not comply with the requirements set out in the Regulations or if you fail to follow the Building Control procedures set out for handling your type of building work.

Building Regulations approval is separate from planning permission. Receiving planning permission is not the same as taking action to ensure that the building works comply with the Building Regulations. Even when planning permission is not required, most building works, including alterations to existing structures, are subject to minimum standards of construction (Building Regulations) to safeguard public health and safety. Domestic clients who engage personnel on construction (i.e. building) projects may need to notify the Health and Safety Executive (HSE) as the Construction (Design and Management) Regulations 2015 (CDM 2015) may apply to those carrying out the intended work.

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The responsibility for checking the Building Regulations have been met falls to Building Control Bodies (BCBs), either from the Local Authority or the private sector as an Approved Inspector. This is who you or your builder should approach for permission or approval for the work being carried out.

2.1  What is the purpose of the Building Regulations?

The Building Regulations are legal requirements laid down by Parliament, based on the Building Act 1984. They set out minimum standards of design and building work for the construction of domestic, commercial and industrial buildings.

Building Regulations ensure that new developments or alterations and/or extensions to buildings are carried out to an agreed standard that protects the health and safety of people in and around the building. Builders and developers are required by law to obtain Building Control approval, which is an independent check that the Building Regulations have been complied with.

2.2  Why do we need the Building Regulations?

The Great Fire of London in 1666 was the single most significant event to have shaped today’s construction legislation. The rapid growth of the fire through adjoining timber buildings highlighted the need for builders to consider the possible spread of fire between properties when rebuilding work commenced. This resulted in the first construction legislation that required all buildings to have some form of fire resistance.

During the Industrial Revolution (200 years after the Great Fire) poor living and working conditions in ever-expanding, densely populated urban areas caused outbreaks of cholera and other serious diseases. Poor sanitation, damp conditions and lack of ventilation forced the government to take action and Building Control took on the greater role of health and safety through the first Public Health Act of 1875. This Act was subject to major revisions which led to the first set of national building standards – the Building Regulations in 1965.

The current legislation is the Building Regulations 2010 (Statutory Instrument No. 2214) and the Building (Approved Inspectors etc.) Regulations 2010 (Statutory Instrument No. 2215) were made by the Secretary of State for the Environment under powers delegated by Parliament under the Building Act of 1984.

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The Building Regulations are basic performance standards, and the level of safety and acceptable standards are set out as guidance in the Approved Documents (which are frequently referred to as ‘Parts’ of the Building Regulations). Compliance with the detailed guidance of the Approved Documents is usually considered as evidence that the Regulations themselves have been complied with.

2.3  What building work is covered by the Building Regulations?

The Building Regulations cover all new building work. This means that, if you want to put up a new building, extend or alter an existing one, or provide new and/or additional fittings in a building such as drains or heat-producing appliances, washing and sanitary facilities and hot water storage (particularly unvented hot water systems), the Building Regulations will probably apply.

It should be remembered that, although it may appear that the Regulations do not apply to some of the work you wish to undertake, the end result of doing that work could well lead to you contravening some of the Regulations. You should also recognize that some work – whether it is controlled or not – could have implications for an adjacent property. In such cases it would be advisable to take professional advice and consult your Local Authority or an Approved Inspector. Some examples are:

Some building work may also be subject to other statutory requirements such as planning permission, fire precautions, water regulations or licensing/registration.

2.4  What are the requirements associated with the Building Regulations?

The Building Regulations contain a list of requirements (referred to as ‘Schedule 1’) which are designed to ensure the health and safety of people in and around buildings, to promote energy conservation and to provide access and facilities for disabled people. In total these requirements have 15 parts (A–Q, less I, N and O) covering subjects such as access, drainage, electrical and fire safety, security, structure and ventilation.

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The requirements are expressed in broad, functional terms in order to give designers and builders the maximum flexibility in preparing their plans.

2.5  What are the Approved Documents?

If the guidance in an Approved Document is followed, there will be a presumption of compliance with the requirement(s). However, this presumption is not conclusive, so simply following guidance does not actually guarantee compliance in an individual case!

Approved Documents contain practical and technical guidance on ways in which the requirements of each part of the Building Regulations can be met. Each Approved Document reproduces the requirements contained in the Building Regulations relevant to the subject area. This is followed by practical and technical guidance, with examples, on how the requirements can be met in some of the more common building situations.

There may be alternative ways of complying with the requirements to those shown in the Approved Documents and you are, therefore, under no obligation to adopt any particular solution in an Approved Document if you prefer to meet the relevant requirement(s) in some other way.

If you are intending to carry out building work, it is best to always check with your Building Control Body (BCB) or an Approved Inspector, to ensure that the proposals comply with Building Regulations. There are two types of BCB – Local Authority Building Control (LABC) and private sector Approved Inspector Building Control (AIBC). Customers are free to choose which type of BCB they use on their project.

In accordance with Regulation 8 of the Building Regulations, the requirements in Approved Documents (except for sections G2, H2 and J7) do not require anything specific to be done except what is needed to secure reasonable standards of health and safety for persons in or about buildings (and any others who may be affected by buildings or matters connected with buildings). The Building Regulations are constantly reviewed to meet the growing demand for better, safer and more accessible buildings, as well as the need to reflect emerging harmonized European Standards.

Authors’ note: At the time of writing it is unclear as to what effect Brexit will have on the application of European Standards in UK.

Where there are any issues common to one or more parts (such as the guidance on air tightness in Approved Document L corresponding to the requirements for ventilation in Approved Document F) these have been taken into consideration. Any changes necessary are brought into operation after consultation with all interested parties. The Approved Documents are in 15 parts (A–R, less I, N and O) and are listed in Table 2.1. You can download pdf copies of the Building Act and Statutory Instruments from the UK government legislation website (www.legislation.gov.uk) and the Approved Documents can be downloaded from the UK government website (www.gov.uk/government/collections/approveddocuments). Chapter 1 of this book provides links for Scotland, Wales and Northern Ireland.

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Alternatively, you can buy a copy of the Approved Documents (and the Building Act 1984 if you wish) from The Stationery Office (TSO) or some bookshops. Occasionally they are available from libraries or local councils.

2.5.1  Approved Document A Structure – 2004

The requirements cover the three main structural areas of loading, ground movement and collapse, to ensure that:

2.5.2  Approved Document B Fire safety – 2006

The document has two distinct parts: one for dwelling houses and a second for other buildings.

Note: Following the Grenfell Tower blaze the UK government launched an independent review of building regulations particularly those relating to fire safety it is anticipated that there will be changes to Approved Document B in due course.

2.5.2.1  Dwellings

The five aspects of fire safety in the construction of buildings are that:

•    walls common to two or more dwellings should adequately resist the spread of fire between those buildings

•    fire spread should be inhibited in buildings which have been subdivided, through the use of fire-resisting materials or fire suppression systems

•    the unseen spread of fire and smoke within concealed spaces in a building’s structure is inhibited

2.5.2.2  Buildings other than dwellings

The five aspects of fire safety in the construction of buildings are that:

•    walls common to two or more dwellings should adequately resist the spread of fire between those buildings

•    fire spread should be inhibited in buildings which have been subdivided, through the use of fire-resisting materials or fire suppression systems

•    the unseen spread of fire and smoke within concealed spaces in a building’s structure is inhibited

2.5.3  Approved Document C Site preparation and resistance to contaminants and moisture – 2004

There are two requirements to this Approved Document; that:

•    before building work starts all vegetation, existing foundations and topsoil are removed so that the building to be erected will not be damaged by them

•    any contaminated ground is either treated, neutralized or removed before a building is erected

•    that subsoil drainage is provided to waterlogged sites to prevent the passage of ground moisture into the building or damage to the building’s fabric

2.5.4  Approved Document D Toxic substances – 1992

This Approved Document requires walls to be constructed in such a way that reasonable precautions have been taken to prevent the permeation of toxic fumes emanating from any insulating material that is inserted into cavities (including cavity walls).

2.5.5  Approved Document E Resistance to passage of sound – 2003

For dwelling houses, flats and rooms for residential purposes, this Approved Document has three main requirements; that:

For buildings other than dwellings, the Approved Document requires that school rooms shall be acoustically insulated against noise.

2.5.6  Approved Document F Ventilation – 2010

There are four main requirements to this Approved Document; that:

2.5.7  Approved Document G Sanitation, hot water safety and water efficiency – 2015

There are six elements in this Approved Document:

•    wholesome water has to be supplied to any place where drinking water is drawn off and to any sink provided in any area where food is prepared

•    wholesome water or softened wholesome water shall be supplied to any washbasin or bidet, fixed bath or shower in a bathroom or in, or adjacent to, a room containing a sanitary convenience

•    there is a suitable installation for the provision of water of suitable quality to any sanitary convenience fitted with a flushing device.

•    for the prevention of undue consumption of water, all fittings and fixed appliances must use water efficiently

•    the potential consumption of wholesome water by persons occupying a dwelling must not exceed 125 litres person per day.

•    heated wholesome water must be provided to any washbasin or bidet provided in, or adjacent to, a room containing a sanitary convenience, or in a bathroom; and any sink provided in any area where food is prepared

•    hot water storage vessels shall prevent the temperature of the water stored from exceeding 100° C

•    discharges from a safety device shall be safely conveyed to where it is visible, without causing danger to persons in or about the building

•    the hot water supply to a bath shall not exceed 48° C

•    unvented hot water systems over a certain size are required to have safety provisions to prevent explosion.

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•    buildings are required to have satisfactory sanitary conveniences and washing facilities

•    any room containing a sanitary convenience, bidet or facility for washing hands must be separated from any kitchen or area where food is prepared.

2.5.8  Approved Document H Drainage and waste disposal – 2015

There are six aspects of this Approved Document; that:

H1 does not apply to the diversion of water which has been used for personal washing, or for the washing of clothes, linen or other articles, to collection systems for reuse. Requirement H3 does not apply to gathering rainwater for reuse.

2.5.9  Approved Document J Combustion appliances and fuel storage systems – 2010

There are seven main aspects to this Approved Document; that:

Requirements J1, J2 and J4 only apply to fixed combustion appliances (including incinerators). Requirement J3 only applies to fixed combustion appliances in dwellings. Requirement J65 applies only to fixed oil storage tanks with a capacity greater than 90 litres, LPG storage tanks with a capacity greater than 150 litres and their associated pipes. Requirement J7 applies only to fixed oil storage tanks with capacities of 3500 litres or less which service combustion appliances inside a building and are located outside that building.

2.5.10  Approved Document K Protection from falling, collision and impact – 2013

There are six main aspects to this Approved Document:

•    glazing should break in a way that is unlikely to cause injury

•    glazing should resist impact without breaking

•    glazing should be shielded from impact

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•    to avoid danger to people from colliding with an open window, skylight or ventilator, some form of guarding may be needed

•    that transparent glazing, with which people are likely to come into contact while moving in or about the building, shall incorporate features which make it apparent

•    that windows, skylights and ventilators, which can be opened by people in or about the building, are constructed or equipped so that they may be opened, closed or adjusted safely

•    that provision is made for any windows, skylights, or any transparent or translucent walls, ceilings or roofs to be safely accessible for cleaning

2.5.11  Approved Document L conservation of fuel and power – 2013

This Approved Document is split into four separate parts which cover the conservation of fuel and power in:

2.5.11.1  Dwellings, flats and rooms for residential purposes

L1A and L1B relate to new dwellings and existing dwellings respectively.

There are two main aspects to this Approved Document, covering conservation of fuel and power in new dwellings, target CO₂ emissions and energy performance certificates. This Approved Document requires that:

Note: There are other requirements relating to energy performance in the Building Regulations 2010 and the Energy Performance of Buildings (England and Wales) Regulations 2012. Regulations 35, 24 and 25 provide design standards with methodologies to calculate the energy performance of a building and minimum energy performance requirements. Regulations 26 and 27 provide CO₂ emission rates and fabric energy-efficiency rates for new buildings and methodology for calculating these rates. Regulation 43 provides details on pressure testing and Regulation 44 covers commissioning. Regulation 40 requires that the owner is provided with sufficient information about the building, and the fixed building services and their maintenance requirements, so that the building can be operated in an energy-efficient manner.

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2.5.11.2  Buildings other than dwellings

L2A and L2B relate to new buildings and existing buildings respectively.

There are two main aspects to this Approved Document, covering conservation of fuel and power in new buildings other than dwellings, requiring that:

Note: There are other requirements relating to energy performance in Building Regulations 2010 and Energy Performance of Buildings (England and Wales) Regulations 2012. Regulations 35, 24 and 25 provide design standards with methodologies to calculate the energy performance of a building and minimum energy performance requirements. Regulation 26 and 27 provides CO₂ emission rates and fabric energy-efficiency rates for new buildings and methodology for calculating these rates. Regulation 43 provides details on pressure testing and Regulation 44 covers commissioning. Regulation 40 requires that the owner is provided with sufficient information about the building, and the fixed building services and their maintenance requirements so that the building can be operated in an energy-efficient manner. There are also requirements relating to energy performance in the Building Regulations 2010 and the Energy Performance of Buildings (England and Wales) Regulations 2012 which cover the renovation of thermal elements (Regulation 23), consequential improvements to thermal elements in buildings over 1000m² (Regulation 28), and the commissioning of fixed building services (Regulation 44) with regard to existing buildings.

2.5.12  Approved Document M access to and use of buildings – 2015

2.5.12.1  Dwellings

There are three main aspects to this Approved Document:

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2.5.12.2  Buildings other than Dwellings

There are three main aspects to this Approved Document; that:

2.5.13  Approved Document P Electrical safety – 2013

This Approved Document requires that reasonable provision should be made in the design and installation of electrical installations in order to protect from fire or injury those who are operating, maintaining or altering the installations. The government document Building work, replacements and repairs to your home contains general information on how to comply with the Building Regulations when carrying out electrical work and other work that must be notified and approved as compliant. The document is available from https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/433759/150604_Building_Work_Leaflet_amended_version.pdf.

2.5.14  Approved Document Q Security – 2015

This Approved Document only relates to new dwellings and requires that reasonable provision should be made to resist unauthorized access to dwellings or any part of a building from which access can be gained to a flat within the building.

2.5.15  Approved Document R Physical infrastructure for high-speed electronic communications networks – 2016

This Approved Document came into effect in January 2017 and relates to new buildings and major renovations to an existing building. It requires that the building is equipped with a high-speed ready in-building physical infrastructure up to a network termination point.

2.5.16  What happens if I do not comply with an Approved Document?

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Not complying with an Approved Document (which is, after all, only meant as a guidance document) does not mean that you are liable to any civil or criminal prosecution. If, however, you have contravened a Building Regulation, then not having complied with the recommendations contained in the Approved Documents may be held against you.

2.6  Health and safety responsibilities

Clients, contractors and designers may also have duties under construction health and safety regulations legislation and may need to notify the Health and Safety Executive (HSE). Since 2015 domestic clients have duties under the Construction (Design and Management) Regulations 2015 (CDM 2015) but may pass responsibilities to those who work for them on construction projects will (see www.legieslation.gov.uk/uksi/2015/51). Guidance for all duties holders is available from the Construction Industry Training Board (CITB) website (www.citb.co.uk/health-safety-and-other-topics/health-safety/construction-design-and-management-regulations/cdm-guidance-documents).

2.7  Are there any exemptions?

The Building Regulations do not apply to:

Purpose-built student living accommodation (including flats) should be treated as hotel or motel accommodation in respect of space requirements and internal facilities. The Metropolitan Police Authority is also exempt from Building Regulations (except where Regulation 29 applies) and there are occasional deviations for other buildings referred to as Crown buildings, those belonging to ‘statutory undertakers’ (e.g. a water board), some buildings in Inner London, those belonging to the United Kingdom Atomic Energy Authority (UKAEA), or buildings belonging to a public body (such as a Local Authority, county council and any other body ‘that acts under an enactment for public purposes and not for its own profit’).

Exemptions can be rather a grey area and it is best to seek advice if you think that you come under this category.

2.8  Energy- and water-efficiency requirements

Building Regulations includes a number of energy-efficiency requirements which apply equally to the erection of buildings, extensions and the carrying out of work within buildings and extensions. These Regulations apply to all buildings with roofs, walls and that use energy to control the internal temperature, with the following exceptions:

Any changes to the energy status or the thermal elements within the building must comply with Approved Document L of Schedule 1. New buildings are required to conform to minimum energy-efficiency performance and CO₂ emission rates. Certificates must be produced by an appropriately qualified and registered energy assessor which detail any changes to the energy efficiency of an existing building and provide information on the energy-efficiency characteristics of a new building.

All new dwellings are subject to water-efficiency requirements, and this will include the need to carry out a wholesome water consumption calculation for the residents of the building and provide details of this calculation to the Local Authority within five days of work being completed.

2.9  Do I need Building Regulations approval?

If you are in any doubt about whether you need to apply for permission, you should contact your local BCB before commencing any work (in all cases, you may require planning permission).

If you are considering carrying out building work to your property, then you may need to apply to your Local Authority for Building Regulations approval.

You will be required to submit a Building Regulations application prior to commencing any work for most types of building work (e.g. extensions, alterations, conversions and drainage works). Some extensions and small detached buildings are exempt from Building Regulations control – particularly if the increased area of the alteration or extension is less than 30m². However, you may still be required to apply for planning permission.

Note: Parliament increased the size of single-storey rear extensions which can be built under permitted development and brought into force an associated neighbour consultation scheme. This scheme applies to extensions or additions that must be completed by 30 May 2019. More details are available on the Planning Portal (www.planningportal.co.uk/info/200130/common_projects/17/extensions/2). In essence, householders are permitted to build larger single-storey rear extensions as the size limits for extensions have doubled from 4m to 8m for detached houses, and from 3m to 6m for all other houses.

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2.9.1  Building work needing formal approval

Building Regulations apply to any building work that involves:

2.9.2  Other examples of work needing approval

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2.9.3  Self-certification

There are certain types of work that are exempt from control as long as the work is carried out by a person authorized under a self-certification scheme (i.e. is on the competent person register). The installations listed in Table 2.2 are exempt from having to give Building Notice or deposit Full Plans, provided that the person carrying out the work is as indicated in the third column.

Where this Regulation applies, the person authorized under the self-certification scheme must provide the Local Authority with a certificate stating what work has been carried out within 30 days of completion of the work. This does not apply for work carried out under Schedule 4 (descriptions of work where no Building Notice or deposit of Full Plans is required).

Any work may be carried out if it is necessary to ensure that the appliance (or service or fitting) complies with the requirements of Building Regulations as long as the person who installs the service or fitting is registered under the appropriate certification scheme.

2.9.4  Where can I obtain assistance in understanding the requirements?

Local councils can provide advice on the following areas:

They can also help you to decide what type of application is most appropriate for your proposal and provide details of the stages at which they will need to inspect your work.

2.10  How do I obtain Building Regulations approval?

The owner or builder are required to get approval to carry out building work before work starts. This approval may come from either from your Local Authority Building Control (LABC) or an Approved Inspector Building Control (AIBC) service. It is your choice which route you take and the responsibility for checking that the Building Regulations have been met falls to the local BCB. The route to get approval depends on which service is being used.

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An Approved Inspector is a company or individual who has been authorized under the Building Act to carry out Building Control work in England and Wales. There is a list of Approved Inspectors on the Construction Industry Council website (www.cic.org.uk/services/register.php). If you choose to use an Approved Inspector, then you should jointly notify the Local Authority that the Approved Inspector is carrying out the Building Control function for the work. This notification is called an Initial Notice.

If you choose to use a Local Authority, the procedures are set out in the Building Regulations and on the Planning Portal and detailed in this chapter and Chapter 5.

Be sure that you understand which areas relate to pre-site procedures (those which must be completed before work commences) and those which relate to procedures that have to take place once work is underway.

You can make three types of application for pre-site approval:

Whatever method you adopt, it may save time and trouble if you make an appointment to discuss your scheme with your Building Control Officer well before you intend carrying out any work.

The Local Authority does not consult with any other body in relation to a Building Notice and therefore you need to ensure the works comply with other regulations (particularly those relating to fire) prior to starting work.

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The Building Control Officer will be happy to discuss your intentions, including proposed structural details and dimensions, together with any lists of the materials you intend to use, so that they can point out any obvious contravention of the Building Regulations before you make an official application for approval. At the same time, they can suggest whether it is necessary to approach other authorities to discuss planning, sanitation, fire escapes and so on.

When the building is finished, you must notify the Local Authority.

The Building Control Officer will ask you to inform their office when crucial stages of the work are ready for inspection (by a surveyor) in order to make sure the work is carried out according to your original specification. Should the surveyor be dissatisfied with any aspect of the work, they may suggest ways to remedy the situation.

It would be to your advantage to ask for written confirmation that the work was satisfactory as this will help to reassure a prospective buyer when you come to sell the property.

2.11  What are Building Control Bodies (BCBs)?

Your Local Authority has a general duty to see that all building work complies with the Building Regulations. To ensure that your particular building work complies with the Building Regulations you must use one of the two services available to check and approve plans and to inspect your work as appropriate. The two services are the LABC service or the service provided by the private sector in the form of an Approved Inspector. Both BCBs will charge for their services. Both may offer advice before work is started. Certain types of building work (e.g. electrical and plumbing work) can be carried out by someone authorized to self-certify that work is compliant with Building Regulations. They are able to do this by being a member of a competent person scheme.

2.11.1  What will the Local Authority do?

This depends on the work you plan, which Building Control service you use and whether you are submitting a Full Plans or a Building Notice application.

Where a LABC service is used, notice is given to the Local Authority of the commencement (at least two days before the work commenced) and completion of the work (not more than five days after the work is completed) and at certain other stages: The Building Control service will inspect the site as the work progresses to make sure that Building Regulations and other allied legislation are being complied with. You are required to give the Local Authority notice of when the work has reached a particular stage. Your Local Authority will explain about the notification procedures and tell you which stages of the work it needs to inspect. You should expect to pause work and give at least one whole day’s notice for the inspection. The Local Authority needs to inspect, before they are covered up:

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You will be advised if the work does not comply with the Building Regulations. If a building or part of it is to be occupied before completion, the person carrying out the work is required to give the Local Authority at least five days’ notice before the occupation.

Don’t forget that you will be required to pay a fee for the submission of an application. These fees are provided in paragraph 4.19.1.

2.11.2  What is the difference between a Full Plans application and the Building Notice procedure?

With a Full Plans application, detailed plans need to be produced showing all construction details and other relevant information. The plans need to be submitted well in advance of your intended commencement on site and the Local Authority will consult with any appropriate authorities (such as the fire authority) before approving them and giving you decision within five to eight weeks. At the end of the process, it may issue you with a completion certificate if you have requested it.

A Full Plans submission is required:

The Building Notice procedure requires much less detailed plans and these can be submitted within two days of the commencement of work. However, you are required to ensure that your work complies with the Building Regulations as the Local Authority does not consult with agencies such as the fire authority. At the end of the work you are not issued with a completion certificate.

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In both cases, your application or notice should be submitted to the Local Authority and should be accompanied by any relevant calculations to demonstrate compliance with safety requirements concerning the structure of the building. In both cases, the work will be inspected on site and guidance will be given at each stage if the work fails to comply with Building Regulations.

Approved Plans are valid for at least three years.

2.11.3  What will the Approved Inspector do?

Approved Inspectors are companies or individuals who have been authorized under the Building Act 1984 to carry out Building Control work in England and Wales. The Construction Industry Council (CIC) is responsible for deciding on all applications for Approved Inspector status and a list of Approved Inspectors can be viewed at www.cic.org.uk/services/register.php.

If you use an Approved Inspector, they will give you advice, check plans, issue a Plans Certificate, inspect the work, and so on, as agreed between you. You and the inspector will jointly notify the Local Authority on what is termed an Initial Notice. Once that has been accepted by the Local Authority, the Approved Inspector will be responsible for the supervision of the building work. Although the Local Authority will have no further involvement, you may still have to supply it with limited information to enable it to be satisfied about certain aspects linked to Building Regulations (for example, about the point of connection to an existing sewer).

If the Approved Inspector is not satisfied with your proposals, you may alter your plans according to their advice; or you may seek a ruling from the Secretary of State regarding any disagreement. The Approved Inspector might also suggest an alternative form of construction, and, provided that the work has not been started, you can apply to the Local Authority for a relaxation or a dispensation from one (or more) of the Regulations’ requirements and, in the event of a refusal by the Local Authority, you may appeal to the Secretary of State.

If, however, you do not exercise these options and you do not do what the Approved Inspector has advised to achieve compliance, the inspector will not be able to issue a Final Certificate. The inspector will also be obliged to notify the Local Authority so that it can consider whether to use its powers of enforcement.

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2.12  How do I apply for Building Control approval?

Take advantage of the free advice that Local Authorities offer, and discuss your ideas well in advance.

If your prospective work will involve any form of structure, you could need Building Control approval. Some types of work may need both planning permission and Building Control approval; others may need only one or the other. The process of assessing a proposed building project is carried out through an evaluation of submitted information and plans and the inspection of work as the building progresses.

2.12.1  What applications do not require submission plans?

The following building works do not require the submission of plans:

2.12.2  Other considerations

Depending on the type of work involved, you may need to get approval from several sources before starting. The list below provides a few examples.

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2.13  Full Plans application

This type of application can be used for any type of building work, but it must be used where the proposed premises are to be used as a factory, office, shop, hotel, boarding house or railway premises. If you use the Full Plans procedure you must submit detailed drawings and other information showing all construction details, preferably well in advance of when work is to start on site, to the Local Authority, which will check your plans and consult any appropriate authorities (such as fire and water authorities). If your plans comply with the Building Regulations, the Local Authority will issue an Approval Notice before work starts. This process can take between five and eight weeks, depending on the project.

The Full Plans application may be accompanied by a request (from the person carrying out such building work) that, on completion of the work, they wish the Local Authority to issue a completion certificate.

A Full Plans application requires the submission of fully detailed plans, specifications, calculations and other supporting details to enable the Building Control Officer to ascertain compliance with the Building Regulations. The amount of detail depends on the size and type of building works proposed, but as a minimum will have to consist of:

Two copies of the Full Plans application need to be sent to the Local Authority, except where the proposed building work relates to the erection, extension or material alteration of a building (other than a dwelling-house or flat) and where fire safety imposes an additional requirement, in which case five copies are required. The Local Authority Building Control (LABC) coordinates Local Authority services regionally and nationally and has developed an online service for creating and submitting Building Control applications. You can apply to any Local Authority in England and Wales using the service (www.submit-a-plan.com) or make an online application on the Planning Portal (www.planningportal.gov.uk/england/public/planning/applications). Alternatively, you may print a copy of the application form and submit it by hand. The forms are available on the Planning Portal (www.planningportal.gov.uk/planning/applications/paperforms).

A Full Plans application will be thoroughly checked by the Local Authority, which is required to pass or reject your plans within a certain time limit (usually eight weeks), or it may add conditions to an approval (with your written agreement). If it is satisfied that the work shown on the plans complies with the Regulations, you will be issued with an Approval Notice (within a period of five weeks or up to two months) showing that your plans were approved as complying with the Building Regulations. If the Local Authority is not satisfied with your plans, you may be asked to make amendments or provide more details. Alternatively, a conditional approval may be issued, which will either specify modifications that must be made to the plans, or will specify further plans that must be deposited.

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If your plans are rejected, the reasons will be stated in the notice. If you do not consider it is necessary to alter your rejected plans, you will have two options:

Your Local Authority will inspect the building work while it is in progress and explain any notification procedures it requires you to follow at various stages of the work. It will issue you with a completion certificate once it is content that the completed work complies with the Building Regulations. You will need to request this certificate when you first make your application

In the event of a disagreement with your Local Authority, the Full Plans procedure enables you to ask for a ‘determination’ from (in England) the Department for Communities and Local Government or (in Wales) the Welsh Assembly about whether your plans do or do not comply with the Building Regulations.

A Full Plans Approval Notice is valid for three years from the date of deposit of the plans, after which the Local Authority may send you a notice to declare the approval of no effect if the building work has not commenced.

2.13.1  Consultation with sewerage undertaker

Where applicable, the Local Authority shall consult the sewerage undertaker as soon as practicable after the plans have been deposited, and before issuing any completion certificate in relation to the building work.

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2.13.2  Advantages of submitting Full Plans application

The advantages of the Full Plans method are that:

2.14  Building Notice procedure

If you use the Building Notice procedure, the work will normally be inspected as it proceeds. The difference between this and a Full Plans procedure is that you will not receive an Approval Notice indicating whether your proposal has been passed or rejected. There is also no procedure to seek a determination from the Secretary of State if there is a disagreement between you and the Local Authority – unless plans are subsequently deposited. However, the advantage of the Building Notice procedure is that it will allow you to carry out minor works without the need to prepare Full Plans. You must, however, feel confident that the work will comply with the Building Regulations or you risk having to correct any work you carry out at the request of the Local Authority. A Building Notice is particularly suited to minor works (e.g. a householder wishing to install another WC). For such building work, detailed plans are unnecessary and most matters can be agreed when the Building Control Officer visits your property. You do not need to have detailed plans prepared, but in some cases you may be asked to supply extra information.

Authors’ note: As no formal approval is given, good liaison between the builder and the Building Control Officer is essential to ensure that work does not have to be redone.

Work can commence and regular site inspections will be made at agreed stages, after which you will be advised where the Building Control Officer finds the work not to comply with the Regulations. A Building Notice cannot be used for commercial developments and there are specific exclusions in the Regulations as to when Building Notices cannot be used. These are:

You need to fill in a Building Notice application form and return it, along with basic drawings and relevant information, to the Building Control office at least two days before work commences. If you decide to use this procedure you need to be confident that the work will comply with the Building Regulations; otherwise you have to carry out any remedial work that your Local Authority requests. You will be advised by the Local Authority if the work does not comply with the Building Regulations and if at any stage your Local Authority requires further information, such as structural design calculations or plans, you must supply the details requested.

The submission of a marked-up sketch showing the location of the building, although not mandatory, is recommended.

This type of application may be used for all types of building work, as long as no part of the premises is used for any of the purposes mentioned earlier under the Full Plans application. A Building Notice is valid for three years from the date the notice was given to the Local Authority, after which it will automatically lapse if the building work has not commenced. Under the Building Notice procedure, a Local Authority is not required to issue a completion certificate and you are not able to approach DCLG for a ‘determination’ if your Local Authority says your work does not comply with the Building Regulations.

2.14.1  What do I have to include in a Building Notice?

A Building Notice shall:

Note: Councils have differing requirements for details of what should be included in Building Notices. The following lists are examples of what some councils require but other areas (even those adjacent) may have less stringent requirements. In all cases, you are recommended to approach your Local Council for further details.

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2.14.1.1  New buildings and extensions

When planning a building extension, the Building Notice needs to be accompanied by:

2.14.1.2  Insertion of insulating material into the cavity walls of a building

For cavity wall insulations, the Building Notice needs to be accompanied by a statement which specifies:

When the insulating material has been installed by an approved installer, they will usually submit at Type Approval Notice on your behalf.

2.14.1.3.  Provision of a hot water storage system

A Building Notice in respect of a proposed hot water system shall be accompanied by a statement which specifies:

2.14.1.4  Electrical installations

All proposals to carry out electrical installation work must be notified to the Local Authority’s BCB before work begins, unless the proposed installation work is undertaken by a competent person registered with an electrical self-certification scheme and the work does not include the provision of a new circuit.

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Non-notifiable work (such as replacing a socket outlet or other fixed electrical equipment) can be completed by a DIY enthusiast (family member or friends), but needs to be installed in accordance with manufacturers’ instructions in such a way that they do not present a safety hazard. This work does not need to be notified to a Local Authority BCB (unless it is installed in an area of high risk such as a kitchen or a bathroom), but all DIY electrical work (unless completed by a qualified professional who is responsible for issuing a Minor Electrical Installation Certificate) will still need to be checked, certified and tested by a competent electrician.

Any work that involves adding a new circuit to a dwelling will need to be either notified to the BCB (which will then inspect the work) or need to be carried out by a competent person registered under a government-approved Part P self-certification scheme.

Work involving any of the following will also have to be notified:

Note: Where a person who is not registered to self-certify intends to carry out the electrical installation, then a Building Regulation (i.e. a Building Notice or Full Plans) application will need to be submitted, together with the appropriate fee, based on the estimated cost of the installation. The BCB will then arrange to have the electrical installation inspected at first-fix stage and tested upon completion.

2.15  How long is a Building Notice valid?

The approved plans may be used (i.e. built to) for at least three years, even if the Building Regulations change during this time.

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A Building Notice shall cease to have effect three years from the date when that notice was given to the Local Authority, unless, before the expiry of that period:

2.16  What can I do if my plans are rejected?

In the first two cases below, in England, the address to write to is the Department for Communities and Local Government (DCLG). In Wales, you should refer the matter to the Secretary of State for Wales.

If your plans were initially rejected, you can start work provided you give the necessary notice of commencement required under Regulation 14 of the Building Regulations and are satisfied that the building work itself now complies with the Regulations. However, it would not be advisable to follow this course if you are in any doubt and have not taken professional advice. Instead:

A fee is payable for determinations but not for appeals. The fee is half the plan fee (excluding VAT), subject to a minimum of £50 and a maximum of £500. The Department of the Environment, Transport and the Regions (DETR) or the Welsh Office will then seek comments from the Local Authority on your application (or appeal), which will be copied to you. You will then have a further opportunity to comment before a decision is issued by the Secretary of State.

2.16.1  Do my neighbours have the right to object to what is proposed in my Building Regulations application?

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Every planning application submitted to a Local Authority must undergo a period of public consultation which varies between three and eight weeks. Indeed, in May 2013, Parliament agreed to increase the size of single-storey rear extensions which can be built under permitted development and brought into force a new neighbour consultation scheme.

All plans can be viewed on the Local Authority website, at the local town hall, relevant parish or town council office, or the offices of the Local Planning Authority. A neighbour wishing to comment on the application should contact the Local Planning Authority.

If a neighbour is affected by a planning application, the Local Planning Authority will either notify them directly or display a site notice on or near the land to which the application relates. The public is allowed to attend planning committee meetings to hear applications being considered and you are also allowed to have you say at these meetings but you must notify the committee in advance of the meeting

Unfortunately, there is no comprehensive description of grounds for objection to planning applications available because the government has given the main responsibility for dealing with planning applications to Local Authorities. Therefore, the range of objections that can be made is wide and varies from council to council. Objections may be raised under other legislation, particularly if your proposal is subject to approval under the Town and Country Planning legislation or the Party Wall Act.

While there is no requirement in the Building Regulations to consult neighbours (other than within the permitted development neighbour consultation) it would still be prudent to do so. In any event, you should be careful that the work does not encroach on their property, as this could lead to bad feeling and possibly an application for an injunction for the removal of the work.

A free explanatory booklet on the Party Wall Act can be download from the government website (www.gov.uk/government/uploads/system/uploads/attachment_data/file/207310/Party_Wall_etc._Act_1996_-_Explanatory_Booklet.pdf).

In a nutshell, this Act says that, if you intend to carry out building work which involves:

then you must find out whether that work falls within the scope of the Act. If it does, you must serve the statutory notice on all those defined by the Act as ‘adjoining owners’. You should, however, remember that reaching agreement with adjoining owners on a project that falls within the scope of the Act does not remove the possible need for planning permission or Building Regulations approval.

Note: If you are not sure whether the Act applies to the work that you are planning, you should seek professional advice (see the useful contact names and addresses in Appendix I at the end of this book).

2.17  What happens if I wish to seek a determination but the work in question has started?

If you start work before you receive a decision on your Full Plans application, you will prejudice your ability to seek a determination from the Secretary of State if there is a dispute.

You will only need to seek a determination if you believe the proposals in your Full Plans application comply with the Regulations but the Local Authority disagrees. You may apply for a determination either before or after the Local Authority has formally rejected your Full Plans application. The legal procedure is intended to deal with compliance of ‘proposed’ work only and, in general, applications relating to work which is substantially completed cannot be accepted. Exceptionally, however, applications for late determinations may be accepted – but it is in your best interest to always ensure that you apply for a determination well before you start work.

2.18  When can I start work?

Again, it depends on whether you are using the Local Authority or an Approved Inspector and the type of work you are planning.

2.18.1  Using the Local Authority

Once you have given a Building Notice or submitted a Full Plans application, you can start work at any time. However, you must give the Local Authority a Commencement Notice at least two clear days before you start (not including the day on which you give notice and any Saturday, Sunday, bank or public holiday).

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2.18.2  Using an Approved Inspector

If you use an Approved Inspector you may, subject to any arrangements you may have agreed with the inspector, start work as soon as the Initial Notice is accepted by the Local Authority (or is deemed to have been accepted if nothing is heard from the Local Authority within five working days of the notice being given). Work may not start if the Initial Notice is rejected, however.

2.19  Planning Officers

Before construction begins, planning officers determine whether the plans for the building or other structure comply with the Building Regulations and if they are suited to the engineering and environmental demands of the building site. Building inspectors are then responsible for inspecting the structural quality and general safety of buildings.

2.20  Building Inspectors

Building inspectors examine the construction, alteration or repair of buildings, highways and streets, sewer and water systems, dams, bridges, and other structures, to ensure compliance with building codes and ordinances, zoning regulations and contract specifications.

Building codes and standards are the primary means by which building construction is regulated in the United Kingdom to assure the health and safety of the general public. Inspectors make an initial inspection during the first phase of construction and then complete follow-up inspections throughout the construction project in order to monitor compliance with regulations.

The inspectors will visit the site before the foundation is poured to inspect the soil condition and positioning and depth of the footings. Later, they return to the site to inspect the foundation after it has been completed. The size and type of structure, as well as the rate of completion, determine the number of other site visits they must make. Upon completion of the project, they make a final comprehensive inspection.

2.21  Notice of commencement and completion of certain stages of work

A person who proposes carrying out building work shall not start work unless they have given the Local Authority notice that they intend to commence work, and at least two days have elapsed since the end of the day on which they gave the notice.

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2.21.1  Notice of completion of certain stages of work

The person responsible for completing the building work is also responsible for notifying the Local Authority a minimum of five days prior to commencing any work involving excavations for foundations, foundations themselves, any damp-proof course any concrete or other material to be laid over a site and drains or sewers.

Upon completion of this work (especially work that will eventually be covered by later work) the person responsible for the building work shall give five days’ notice of intention to backfill.

This requirement does not apply in respect of any work specified in an Initial Notice, an Amendment Notice or a Public Body’s Notice that is in force.

A person who has laid, haunched or covered any drain or sewer shall (not more than five days after that work has been completed) give the Local Authority notice to that effect.

Where a building is being erected and that building (or any part of it) is to be occupied before completion, the person carrying out that work shall give the Local Authority at least five days’ notice before the building, or any part of it is, occupied.

The person carrying out the building work shall not:

Note: Where a person fails to comply with the above, then the Local Authority can insist that the person cuts into, lays open or pulls down ‘so much of the work as to enable the Authority to ascertain whether these Regulations have been complied with, or not’. If the Local Authority then notifies the owner or builder that certain work contravenes the requirements of these Regulations, then the owner or builder must, after completing the remedial work, notify the Local Authority of its completion.

2.21.2  What kind of tests are Local Authorities likely to make?

To establish whether building work has been carried out in conformance with the Building Regulations, Local Authorities will test to ensure that all work has been carried out:

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2.22  What are the requirements relating to building work?

In all cases, building work shall be carried out so that:

Building work shall be carried out so that, after it has been completed:

2.23  Do I need to employ a professional builder?

Unless you have a reasonable working knowledge of construction it would be advisable before you start work to get some professional advice from an architect, or a structural engineer or a building surveyor and/or to choose a recognized builder to carry out the work. It is also advisable to consult the LABC officer or an Approved Inspector in advance.

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2.24  Unauthorized building work

If, for any reason, building work has been done without a Building Notice or Full Plans of the work being deposited with the Local Authority, or a notice of commencement of work being given, then the applicant may apply in writing to the Local Authority for a regularization certificate. This application will need to include:

Local Authorities may then ‘require the applicant to take such reasonable steps, including laying open the unauthorized work for inspection by the Authority, making tests and taking samples, as the Authority thinks appropriate to ascertain what work, if any, is required to secure that the relevant requirements are met’.

When the applicant has taken any such steps required by the Local Authority, the Local Authority will notify the applicant:

2.24.1  What happens if I do work without approval?

The Local Authority has a general duty to see that all building work complies with the Regulations, except where it is formally under the control of an Approved Inspector. Where a Local Authority is controlling the work and finds after its completion that it does not comply, then it may require you to alter or remove it. If you fail to do this, the Local Authority may serve a notice requiring you to do so and you will be liable for the costs.

2.24.2  What are the penalties for contravening the Building Regulations?

If you contravene the Building 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 (at the date of publication of this book) plus £50 for each day on which each individual contravention is not put right after you have been convicted. If you do not put the work right when asked to do so, the Local Authority has the power to do the work itself and recover costs from you.

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2.25  Why do I need a Completion Certificate?

A Completion Certificate certifies that the Local Authority are satisfied that the work complies with the relevant requirements of Schedule 1 of the Building Regulations, ‘in so far as they have been able to ascertain after taking all reasonable steps’.

A Completion Certificate is a valuable document that should be kept in a safe place.

2.26  How do I get a Completion Certificate when the work is finished?

The Local Authority will give a completion certificate only when it has received the Completion Notice and have been able to ascertain that the relevant requirements of Schedule 1 (specified in the certificate) have been satisfied.

Where Full Plans are submitted for work that is also subject to the Fire Precautions Act 1971, the Local Authority must issue you with a completion certificate concerning compliance with the fire safety requirements of the Building Regulations once work has finished. In other circumstances, you may ask to be given one when the work is finished, but you must make your request when you first submit your plans.

If you use an Approved Inspector, they must issue a Final Certificate to the Local Authority when the work is completed.

2.27  Where can I find out more?

You can find out more from:

2.27.1  Local Authority

Each Local Authority in England and Wales (i.e. unitary, district and London boroughs in England, and county borough councils in Wales) has a Building Control department whose general duty is to see that work complies with the Building Regulations, except where it is formally under the control of an Approved Inspector. Local Authorities have their own websites and these usually contain a wealth of useful information, the majority of which is downloadable as read-only pdf files.

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Individual Local Authorities coordinate their services regionally and nationally (and provide a range of national approval schemes) via Local Authority Building Control Services (www. labc.uk.com) but your Local Authority Building Control department will be pleased to give you information and advice. Staff may offer to let you see their copies of the Building Act 1984, the Building Regulations 2010 and associated Approved Documents that provide additional guidance.

The Fire and Building Regulations Procedural Guide, which deals with procedures for building work to which the Fire Precautions Act 1971 applies, and the DETR leaflet on safety of garden walls, are amongst the documentation and advice that is available, free of charge, from your Local Authority.

The DETR’s and the Welsh Office’s separate booklets on planning permission for small businesses and householders are also available free of charge from your Local Authority.

2.27.2  Approved Inspectors

Approved Inspectors are companies or individuals authorized under the Building Act 1984 to carry out Building Control work in England and Wales.

The Construction Industry Council (CIC) is responsible for deciding all applications for Approved Inspector status. You can find out more about the CIC’s role (including how to apply to become an Approved Inspector) along with a list of Approved Inspectors through its website (www.cic.org.uk/services/register.php).

2.27.3  Planning Portal

Most of the documents relating to Building Regulations can be downloaded from the government website (www.gov.uk/government/policies/building-regulation) and can be found on the Planning Portal (www.planningportal.co.uk). They can also be purchased from TSO or from any main bookshop. Copies should also be available in public reference libraries.