Q. Do I need Building Regulations to replace windows and doors in my domestic premises?
A. Yes, new regulations came into force in April 2002 meaning all replacement windows need to have Building Regulations, unless the installation is carried out by a FENSA registered company or members of other Government approved Competent Persons Schemes for windows. The new windows must contain sufficient openings for emergency exit in case of fire and ventilation openings of an area at least the equivalent area of 5% of the floor area of the room containing the window and at least be no worse than the windows removed.
An information leaflet is available to download.
Q. Do I need to make a Building Regulation Application if I wish to re-cover my roof?
A. Yes, these are classed as works to improve the thermal performance of a thermal element, i.e. use of sufficient roof insulation (300mm of wool quilt) and provision of a suitable roof ventilation system, you will need to submit a notice to building control.
Q. Do I need to make a Building Regulation Application if I wish to install solar panels on the roof?
A. Yes, this is work to which building regulations apply.
Q. Do I need to make a Building Regulation Application if I wish to install a multi fuel room heater or open fire?
A. Yes, unless the installation is carried out by a Competent Person under the HETAS Scheme.
Q. Do I need to make a Building Regulation Application if I am re-plastering walls or re-rendering the external walls?
A. Yes, this is work to the thermal elements if it affects the external walls and you are required to improve the insulation to prevent excessive heat loss.
Q. Do I need to make a Building Regulation Application to install an oil or gas tank?
A. The installation of a fuel tank should meet the necessary building regulations requirements.
If the installation is above ground the requirements will be applied to achieve adequate shielding of the tank from any surrounding fire and, in the case of an oil tank, containment of oil leakages so that ground water is not contaminated.
Where new oil connecting pipework is proposed, a fire valve will be needed at the point where the pipe enters the building.
If you are installing an oil tank and/or connecting pipework and you employ an installer registered with one of the related competent person schemes, you will not need to involve the Building Control Service.
Q. Do I need Building Regulation Consent to install a heat pump?
A. The 'Low or Zero Carbon Energy Sources: Strategic Guide (LZC)' supports the inclusion of low or zero carbon energy sources in Part L of the Building Regulation and Approved Documents L1A, L1B, L2A and 2B. Chapter 4 deals with micro-CHP.
As micro-CHP systems operate within the context of the building, the equipment, installation and testing must all comply with the relevant standards. Details of these standards are set out in full in the LZC guide.
The guide also sets out the factors to be considered for the purposes of calculating the potential of a micro-CHP system to contribute towards lowering the carbon dioxide emissions of a building in order for it to meet the compliance requirements of Part L.
Building Regulations also apply to other aspects of the work such as electrical installation and plumbing work.
Q. Do I need Building Regulation Consent to convert a garage into a room?
A. The conversion of a garage, or part of a garage, into habitable space will require approval under the Building Regulations.
Q. Do I need Building Regulation Consent to replace a central heating boiler or water heater?
A. If you are planning to install or replace an existing gas boiler you should have a condensing boiler fitted if it is reasonable to do so. It is recognised that non-condensing boilers are acceptable if it would be too difficult to install a condensing boiler in your home. Your installer will tell you whether your circumstances are too difficult.
Work to install a new boiler (or a cooker that also supplies central heating - Aga, Raeburn etc) needs Building Regulations approval because of the safety issues and the need for energy efficiency.
Q. What if my proposals involve building over or near a sewer?
A. When an application has been received by the Local Authority we will check the proximity of the development to any sewers, if necessary, a consultation will be sent to either Yorkshire Water or United Utilities who will then notifiy the Local Authority with any requirements.
Q. Can I obtain copies of Building Regulations Approval Notices?
A. Yes, these are obtainable from these offices, there is a charge of £10.00 per Approval Notice, please send your request in writing along with a cheque made payable to Craven District Council for the relevant amount, please state the application number if known or enclose a site location plan with the property indicated in red.
Q. How long is my approval valid for?
A. Full Plans and Building Notices are valid for three years from the date the application or notice was validated. If you still wish to carry out the work after the three years has expired then you will need to submit another application.
Q. What can I do if my neighbour builds over my boundary?
A. This is a civil matter between you and your neighbour. If you are aggrieved, we would suggest you discuss the matter with your neighbour in the first instance and should you be unable to resolve the problem, you should then seek legal advice from a Party Wall Surveyor or Solicitor. Your attention is also drawn to the Party Wall Act 1996.
Q. What happens if I haven’t applied for Building Regulations and the works have been completed?
A. Inevitably some work is carried out contrary to the Building Regulations. Wherever possible we will discuss these problems with you so that the work can be corrected quickly, with the least inconvenience as possible. Sometimes work is completed without Building Regulation permission and requires retrospective approval. We will do all we can to help you, but you will need to submit an Application for a Regularisation Certificate and pay the appropriate fee. We will then inspect the property after all other stages have been completed and let you know if anything needs to be done for a Regularisation Certificate to be issued. Some parts of the works may need to be exposed for inspection, we will advise you when this is necessary, you may also need to alter some of the work carried out and provide any relevant commissioning certificates. We will try to help you and keep this to a minimum.
Q. What are the Penalties for Contravening the Building Regulations?
A. 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 the work right when asked to do so, the Local Authority have power to do it themselves and recover costs from you.
Q. Do I need to pay a fee to obtain building regulations approval?
A. Yes, there are a variety of charges payable to obtain building regulation approval. The fee will depend on the type and scale of work you wish to carry out. An exemption applies where the works are solely for the use of disabled persons. View our Scale of Fees which is available to download.
Q. If I make a Building Notice application, will the Building Control Officer tell me how to carry out the work during his first visit?
A. No - while we are always willing to offer help and advice you should not expect the Building Control Officer to act as a substitute for an Architect or designer.
If you are not confident that you (or your builder) are not fully conversant with the requirements of the Building Regulations, then we would strongly advise to have plans drawn by a professional who will prepare a scheme considering your design requirements and also the technical requirements of the Building Regulations and submit a Full Plans application on your behalf.
Q. What happens if my 'Full Plans' application is rejected.
A. It is always our intention to assist yourself or your Agent in addressing any technical problems and come to a satisfactory compliant solution in order that we can Approve your plans before the required decision date. However, there are occasions where the plans submitted clearly show contravention(s) to the Regulations or insufficient information has been provided and have not been resolved before we are required to make a decision. We would then have no alternative but to reject the plans. However, you can resubmit your application at no further submission cost and the scheme will be re-assessed. Hopefully the resubmission will address those technical issues previously raised and we will be able to approve the plans.
Q. What happens if I don't agree with the reason(s) given in rejecting my plans?
A. The plans would have been rejected on technical grounds where the drawings or specification indicate a non-compliance with the Regulations or insufficient information provided to demonstrate compliance. If you disagree with the technical assessment that we have made we would advise that in the first instance you seek further clarification of the decision from the Building Control Officer who will hopefully help you to understand the reasoning behind the decision. If you still disagree with the decision you can apply to the Secretary of State for the Communities and Local Government for a determination or an appeal depending on the circumstances of the case. The procedural guidance to apply for a determination or an appeal and additional advice is given in the Planning Portal.
Q. Do I need Building Regulation Approval to build an extension to my house?
A. Yes. However, a porch or conservatory built at ground level may be exempt from Building Regulations.
A porch which does not exceed 30m² in floor area, has glazing which complies with Approved Document N (safety glazing), and electrical works which are not notifiable and does not contain sanitary accommodation, will be exempt from the Building Regulations.
For a conservatory the above applies, but it must also have the walls and roof substantially glazed and it must be thermally separated from the main dwelling (i.e., doors).
It is advisable to ensure that a conservatory is not constructed so that it restricts ladder access to windows serving a room in the roof or a loft conversion, particularly if that window was designed as an emergency means of escape in the case of fire.
Q. Do I need Building Regulation Consent to demolish a building or part of a building?
A. Demolition is dealt with under the Building Act 1984. Generally, it requires six weeks prior notice to be given to the Local Authority Building Control before demolition begins.
The Local Authority Building Control may decide to issue a notice within six weeks on receipt of the notification to specify conditions that need to be met which may include precautions to protect adjoining properties and the public.
Demolition work must also comply with the Construction (Design and Management) Regulations 1994 and a health and safety plan produced by the principal contractor
Building Regulations relating to site preparation and resistance to contaminants and moisture will need to be met once the preparation work starts on the site.
Please contact local authority Building Control for further advice.
Q. Do I need Building Regulation Consent to install insulation?
A. Insulation has to comply to the relevant building regulations both when installed during construction or when fitted retrospectively.
Loft insulation
The installation of insulation in your loft must meet the minimum energy efficiency values set out in the Approved Documents.
However, if such an upgrade is not technically or functionally feasible, the element should be upgraded to the best standard which can be achieved within a simple payback of no greater than 15 years.
If you are installing loft insulation as part of a roof renovation project, where more than 25 per cent of the roof is being renewed, then the level of insulation should meet the standards required by building regulations Approved Documents. Care should be taken not to block any ventilation at the edges of the roof (eaves).
Cavity Wall Insulation
Cavity wall insulation is specifically defined as 'Building Work' in the regulations.
The appropriate requirements will be applied to ensure the insulation material is suitable for the wall construction, and that in the case of some foam insulants the risk of formaldehyde gas emission is assessed.
However, building regulations approval is not usually needed if the work is being carried out by an approved installer using an approved fill material in accordance with the product's current British Board of Agrement (BBA) certificate (The BBA is the UK's major approval body for new construction products and installers).
You can also have the work covered by The Cavity Insulation Guarantee Agency.
Solid Wall Insulation
Where a solid wall upgraded by the installation of insulation then it must meet the minimum energy efficiency values set out in the Approved Documents.
However, if such an upgrade is not technically or functionally feasible, the element should be upgraded to the best standard which can be achieved within a simple payback of no greater than 15 years.
Where 25 per cent or more of an external wall is being renovated building regulations would normally apply, and the thermal insulation of the wall would have to meet the standards required by building regulations Approved Documents. In this context renovation means the provision of a new layer or the replacement of an existing layer, but excludes decorative finishes.
Floor Insulation
The installation of insulation in your floor must meet the minimum energy efficiency values set out in the Approved Documents.
However, if such an upgrade is not technically or functionally feasible, the element should be upgraded to the best standard which can be achieved within a simple payback of no greater than 15 years.
Renovation of more than 25 per cent of a solid or suspended floor involving the replacement of screed or a timber floor deck would have to meet the standards required by the building regulations Approved Documents.
Other Insulation
As part of the provision or extension of a heating or hot water service, reasonable provision would be demonstrated by insulating pipes ducts and vessels to standards that are not worse than those set out in the Domestic Heating Compliance Guide (PDF 970 Kb).
Q. Do I need Building Regulations Approval . to install, alter or replace my shop front?
A. Yes, and consideration will need to be given to improving access if practicable and reasonable to do so. There will be implications not only in terms of Building Regulations but also the Disability Discrimination Act that you should be aware of. For more information with respect to your responsibilities as a shop owner under the Disability Discrimination Act please click on the link below.
The Disability Discrimination Act
Q. Do I need Building Regulations Approval to convert my house into flats?
A. Yes, even where construction work may not be intended as this is a defined "material" change of use under the Building Regulations.
Q. Do I need Building Regulations Approval . to make internal alterations within my house, shop or office?
A. Your House
Yes, if the alterations are to the structure such as the removal or part removal of a load bearing wall, joist, beam or chimney breast, or would affect fire precautions of a structural nature either inside or outside your house. You also need approval if, in altering a house, work is necessary to the drainage system or to maintain the means of escape in case of fire.
A. Your Shop or Office
Yes, to convert part or all of my shop or office to a flat or house?
Yes, to carry out repairs to my house, shop or office?
No, if the repairs are of a minor nature, e.g., replacing the felt to a flat roof, repointing brickwork, or replacing floorboards.
Yes, if the repair work is major in nature, e.g., removing a substantial part of a wall and rebuilding it, or underpinning a building.
Q. Do I need Building Regulations Approval to alter the existing electrics or install new electrics?
A. Yes, probably if the works are within a dwelling but will depend on what you are doing and where in the dwelling you are carrying out the works. However, If you electrician is Part P registered to a Competent Persons Scheme you will not be required to submit an application to the Authority. Under the Competent Persons Scheme the Local Authority will be informed directly by the Competent Persons body of any work that has been carried out under the scheme.
Q. Do I need Building Regulations Approval to build or alter a garden wall or boundary wall?
A, No. But, of course, you should make sure that the work is done safely to avoid accidents. The
Party Wall Act 1996 may apply depending on the works you are carrying out.
Q. Can the Building Control Surveyor recommend a suitable builder?
A. I'm afraid not. Your Building Control Officer is required to be completely impartial in his dealings with any builder or client and this would obviously not be possible if he/she were in a position of recommending one builder ahead of another. We are well aware of the difficulties of finding a good builder and recommend that you follow the guidance given in our leaflet to reduce the risk of making a poor selection.
Q. When can I start work?
You may start work after you have submitted a Building Notice or Full Plans application, and at least two days notice has been given of your intention to commence work. However, you should also always ensure that you have planning permission before you start work if the project requires it. We strongly recommend that you wait for your plans to be approved if you have made a Full plans application.
Either you or your builder should notify the Building Control Surveyor at the following stages (depending on the type of work):
Commencement of work
Excavation of Foundations before concreting
Foundations when constructed
Damp proof course when laid
Site concrete or floor slab (before being laid)
Drainage (before backfilling)
Drainage (after backfilling)
Occupation (in respect to a new property)
Completion
There may be other additional intermediate inspections required which the Building Control Officer will notify you of in advance, one such inspection is the pre-plaster inspection which gives us the opportunity to view the structural elements and other aspects of the work before it is covered over.
It is imperative that you call us to ensure that the relevant works are inspected. Should you ring us before 10.00am we are normally able to carry out an inspection on the same day. Should you continue past an inspection stage without a site inspection, it may be necessary to expose work that has been covered over and rectify any defects should it not comply with the Building Regulations
Q. Do my neighbours have the right to object to what is proposed in my Building regulation application?
A. No. Whilst there is no requirement in the Building Regulations to consult neighbours, it would be prudent for you to do so. In any event you should be careful that the work does not encroach on their property since this could lead to bad feeling and possibly legal action of an injunction for the removal of the work. It should be noted that encroachment and boundary issues are not dealt with under the Building Regulations. However, if it is obvious that such a matter may arise when plans are submitted we will always bring this to your attention in order to avoid, if possible, problems at the construction phase.
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 etc Act 1996.
Q. When the Building Control Surveyor visits the site he generally talks to the builder but not me - why?
A. I assure you the Surveyor is not being disrespectful, but the majority of clients prefer us to deal directly with the builder.
We always welcome the involvement of the owner in these discussions so if you wish to be involved, please make your wishes known to your builder and to the Building Control Surveyor on the first visit. Unless confidential matters are involved we must request that you join the builder for the discussion so that everyone is party to the same conversation and to avoid duplication of visits.
If you do wish to have a confidential discussion with the Building Control Surveyor please contact them at any stage.
Q. When I submitted my Full Plans application, amendments to the proposal were made by corresponding with my Agent and not myself - why?
A. If an agent is named on the application form we will assume that you wish us to deal directly with your Agent to resolve any technical issues in relation to the plans submitted. Your Agent will generally be better qualified to understand the technical issues and be able to resolve them. It is assumed that the Agent will keep you informed of progress and discuss any implications that amendments may have on the design of your project.
If at any stage you wish to be updated as to the progress of your application please contact your Agent.
Q. How long are plans valid for?
A. When plans are approved, the work must start within 3 years (from the date of submission of the application). If you wish to start the project and it is after 3 years you will need to submit another application which will need to be updated to comply with any changes in the regulations which have occurred in the intervening years.
Q. What do I do on Completion?
A. When you think your work is finished you should contact the Building Control Surveyor to arrange for an inspection. If the works as far as can be ascertained appear to be satisfactory and it complies with the Building Regulations, the Building Control Surveyor will issue a Completion Certificate. This is an important document which we recommend you keep in a safe place. It will be required if you wish to sell your property in the future.
If the works are found to be unsatisfactory upon inspection or there is insufficient information available, the Building Control Surveyor will indicate what works are deficient and/or any documentation which is still outstanding. Once work is completed or rectified as has been indicated and/or missing documentation has been provided, the Building Control Surveyor will then be in a position to issue the Completion Certificate. Of course this will usually require an additional inspection to be made.