Frequently asked questions
Applying the Building Regulations CNC Building Control Consultancy

 

 



  



Frequently asked questions
 
Many people have questions about Building Regulations and what they need to do to ensure they comply with them. Please find below a list of questions that may help you find the answers :-


 

 

Question

 

 

Q1 What are the Building Regulations?

Q2 Who enforces the Building Regulations?

Q3 What work is subject to Building Regulations control?

Q4 Is Planning Approval the same as Building Control?

Q5 Do I need both Planning and Building Control Approvals?

Q6 When do I need Building Regulation Approval?

  1. (a) The installation or alteration of the position of a WC, bath, etc?
  2. (b) The installation or alteration of a heating appliance?

(x) Do I need approval to install or replace electrical wiring in my house?

Q7 What must I do to obtain approval?

Q8 Do I have to pay anything for the service?

Q9 How quickly will my Building Regulations application be dealt

with?

Q10 Do my neighbours have the right to object to what is

proposed in my Building Regulations application?

Q11 There is no difference in total cost between a Full Plans

application and a Building Notice. What will the Council do?

Q12 Where can I obtain information on the standards to which I

must build?

Q13 What can I do if my plans are rejected?

Q14 Can you recommend a builder or tradesman?

Q15 I am ready to start work, what should I do?

Q16 Can I start work without Building Control Approval?

Q17 What happens once my work is finished?

Q18 What happens if I do work without approval?

Q19 Are there penalties for contravening Building Regulations?

Q20 How long does the Council have to take formal enforcement

action for a contravention of Building Regulations?

Q21 Can I get previously unauthorised building work regularised?

 

Answers


 Q1 What are the Building Regulations?

A1 The Building Regulations are levels of performance laid down Parliament dealing with the construction of buildings and the installation of some services. The regulations cover a comprehensive range of requirements including issues such as structural stability, fire safety, moisture resistance, saving energy and making buildings suitable for disabled people.

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Q2 Who enforces the Building Regulations?

A2 The Building Control Surveyor checks plans for compliance with Building Regulations and carries out inspections of work on site as it progresses. Ultimately, and where appropriate, formal enforcement is carried out by the Local Authority through the Courts on the evidence of the Building Control Surveyor. However, this is extremely rare as the emphasis of the service is about working together with applicants to find practical cost effective ways of achieving the required minimum standards of health and safety whilst meeting the aspirations of the client/designer. (back to top of page)

 

 

 

 

 Q4 Is Planning Approval the same as Building Control Approval?

A4 No. Planning deals with issues such as aesthetics, the impact on the environment, traffic and neighbour notification etc. Building control is concerned with health and safety issues, energy conservation and disabled access and use of buildings. (back to top of page)

 

 Q5 Do I need both Planning and Building Control approvals?

A5 In most cases approval is required from both Building Control and Planning but some minor works may be permitted development under planning law and/or exempt from Building Regulations. It is advisable to check with both offices before proceeding. For

 

Building Control call 01603 430100

Planning - Broadland District Council - 01603 431133

Planning - Norwich City Council - 0844 980 3333

Planning - South Norfolk District Council - 01508 533633

 Q6 When do I need Building Regulation Approval?

Q6 (i) Do I need approval to build an extension my house?

Yes, although the regulations do not apply to some extensions at ground level with a floor area no bigger than 30 square metres. These are a conservatory, porch, covered yard or covered way, or a carport open on at least two sides. However even if a structure itself is exempt from Building Regulations, fixed electrical installations may still be subject to control [see Q6 (x)].

Please also note that you should still use safety glass for doors and windows next to doors and also for any windows with cills less than 800mm above the floor. In addition, for conservatories to be classified as exempt, at least 75% of the roof and 50% of the walls should be glazed or translucent and any doors and windows maintained between the existing house and the conservatory.

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Q6 (ii) Do I need approval to convert my loft into a room?

Yes, please see our leaflet on Loft Conversions on our Building Regulations page.

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Q6 (iii) Do I need approval to remove a chimney breast from within my house?

 

 

Yes, unless the chimney breast is being removed in its entirety and there will be no adverse structural affects.

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Q6 (iv) Do I need approval to make internal alterations within my house?

 

Yes, if the alterations are of a structural nature, involve the removal or part-removal of a load-bearing element (e.g. wall partition, joist, beam, chimney breast), or if in altering the house, work is necessary to maintain the means of escape in case of fire.

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Q6 (v) Do I need approval to build a detached garage, shed or similar structure in my garden?

 

The regulations do not apply to a single storey building with floor area no bigger than 30 square metres and no sleeping area such as a detached garage. The building must also be at least 1 metre from the boundary of the property or, mostly made of non-combustible material.

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The regulations do not apply to a detached building with a floor area no bigger than 15 square metres and no sleeping area, for example a garden shed or greenhouse. However even if a structure itself is exempt from Building Regulations, fixed electrical installations may still be subject to control [see Q6 (x)].

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Q6 (vi) Do I need approval to install new windows in my house?

 

 

Yes, unless you use a company that is registered under the Fensa(Fenestration Self-Assessment) Scheme when they are authorised to self-certify that the work complies with the regulations. The Council subsequently receives notification from Fensa after the windows have been installed.

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Q6 (vii) Do I need approval to carry out repairs to my house?

 

 

No, if the repairs are of a minor nature and you are replacing like for like.

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Yes, if the repair consists of re-roofing or removing a major part of a wall and rebuilding it or underpinning a load-bearing wall. Please note that the renovation or replacement of a "thermal element" e.g. an external wall or roof, will require that element to conform to the latest standards for thermal insulation.

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Q6 (viii) Do I need approval to convert my house into flats?

 

Yes.

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Q6 (ix) Do I need approval to install fittings and appliances within my house that involve:

(a) The installation or alteration of the position of a WC,
bath, etc
?

 

Yes, but only if the work involves new drainage or plumbing.

(b) The installation or alteration of a heating appliance?

 

Yes, unless the installer is able to self-certify his or her work as complying with the regulations.

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Q6 (x) Do I need approval to install or replace electrical wiring in my house?

Yes, most probably. From 1st January 2005, fixed domestic electrical installations, where the electrical supply is shared with a dwelling house or flat are controlled by Building Regulations. In essence, either the work can be self-certified by an electrician registered with one of the Self-Certification Competent Person Schemes or application (either full plans or Building Notice) must be made to the local authority together with the relevant charge.

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Where electrical work is dealt with by us, an electrical installation and test certificate signed by a competent electrician will be required. Please note that such electrical installations are controlled even if the structure itself is exempt from Building Regulation control.

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 Q7 What must I do to obtain approval?

A7 If your building work requires Building Regulation approval, there are two procedures to choose from:

(i) Deposit a Full Plans Application or
(ii) Submit a Building Notice

For a Full Plans application, detailed scaled plans need to be drawn up showing all constructional details. The Building Notice procedure is intended for less complex projects that do not involve buildings where people work. Also Building Notices cannot be used for new buildings or extensions near, (within 3 metres), or over, public sewers. In such cases Full Plans must be deposited. If you are unsure whether a public sewer runs near to your proposed work please feel free to contact us and we will check the sewer map.

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 Q8 Do I have to pay anything for the services?

A8 Yes. A fee is payable to the Council unless the work is exempt or is solely to provide access and facilities for the benefit of a disabled person. See our Application & Fees Page.

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 Q9 How quickly will my Building Regulations application be dealt with?


A9 We aim to check 90% of  applications within 15 working days of receipt.  If any matters require attention we will usually contact you and provide you with the opportunity of amending your application and/or of supplying further information. With Full Plans applications we aim to a formal decision within 5 weeks of receipt or, if we agree, to extend the statutory time period up to 2 months from receipt.  We do however aim to approve your details just as soon as we have received the information and have verified that it is satisfactory. We also aim to acknowledge 97% of building notices within 5 working days from receipt.

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 Q10 Do my neighbours have the right to object to what is proposed in my building regulations application?

 

A10 No. However, objections may be raised under separate legislation - for example, if your proposal is subject to approval under the Planning Acts. You should also be aware of any obligations under the Party Wall Act.

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 Q11 There is no difference in the total cost between a Full Plans application and a Building Notice. What will the Council do?

A11 If you use a Full Plans procedure, the Council will check your plans and consult appropriate authorities, e.g. the Fire and/or Water Authorities. If your plans comply, you will receive a formal notice confirming that they have been passed. If the Council are not satisfied, you may be asked to make amendments or provide more details. If your plans are rejected, the reasons will be stated in the notice. By working to approved full plans you can be assured that if you follow those plans then the work will comply with the regulations. Inspections of the work will be made as it progresses. If you use the Building Notice procedure you will not receive a formal approval or rejection notice as the emphasis of checking is based on site inspections made during the course of the work. If however we require further information or a plan, you must still supply the details requested. With both full plans and a Building Notice, when satisfied that the work is complete and in accordance with the regulations, we will issue a Completion Certificate

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 Q12 Where can I obtain information on the standards to which I must build?

A12 From 'Approved Documents', click here for a link to them, giving practical guidance on meeting the requirements of the regulations. These documents are also available to view on-line from the government's
Planning Portal Website.

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 Q13 What can I do if my plans are rejected?

A13 You can resubmit them with amendments to make them comply with Building Regulations. With any rejection notice we issue a 'resubmission form', which you can simply sign and return together with your amended plans. Assuming the proposed scheme is substantially the same, no further plan fee is required. Alternatively, if you think the decision to reject is not justified, you can refer the matter to the Department for Communities and Local Government for their determination.

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 Q14 Can you recommend a builder or tradesman?

A14 As an independent checking authority we are unable to recommend builders or tradesmen. However good advice on finding someone reliable to carry out work on your home can be found in the step by step guide published by the Office of Fair Trading:
'Having work done on your home'. or click on our Choosing The Right ..... section

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 Q15 I am ready to start work, what should I do?

A15 Once you have submitted a valid Building Notice or Full Plans application, you can start work at any time, but you must give us two working days' notice of your intention to do so. If relevant, you or your builder should tell us when you have:

  • Dug the foundations (before you concrete).
  • Concreted the foundations.
  • Prepared the oversite to the ground floor (before concreting).
  • Put in the damp proof course (before you cover it up).
  • Put in the foul water drainage (before you backfill it).
  • Put in the surface water drainage (before you backfill it);
  • and Completed the work.

The inspections listed above will not always be relevant for every job. For example with loft conversions we will usually need to inspect the structural supports before they are covered up. For further detailed advice please speak to the Building Control Surveyor dealing with your proposals.

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 Q16 Can I start work without Building Control Approval?

A16 No - If you have not submitted an application. Yes - Once the application is submitted you can go ahead and commence work even if an approval (if applicable) has not been issued. However, you must ensure that all relevant works are inspected and agreed by the Building Control Surveyor.

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 Q17 What happens once my work is finished?

A17 Please contact us to arrange a final inspection when your work is finished. Do not make the final payment to your builders until we have carried out our last inspection. We will give you a Completion Certificate when we have checked the work meets the required standards. This is an important document that should be kept safely as it will be required by solicitors when the property is sold.

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 Q18 What happens if I do work without approval?

A18 The Council has to see that building work complies with regulations. If the work does not comply, you may be asked to alter or remove it. If you fail to do this, the Council may serve a notice under Section 36 of the Building Act 1984 requiring you to do so. The Council also provides information about Building Control applications to people undertaking Land Search enquiries. Therefore any work carried out without the benefit of Building Control approval, usually evidenced by a Building Regulations Completion Certificate, is very likely to prevent the sale of the property.

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 Q19 Are there penalties for contravening Building Regulations?

A19 Yes. The Council can commence proceedings, which may lead to a fine.

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 Q20 How long does the Council have to take formal enforcement action for a contravention of the Building Regulations?

A20 If the Council is to serve notice under Section 36 of the Building Act then it must do so within 12 months of the offence occurring. Proceedings for a fine must be taken within 6 months and there is also provision for a continuing daily financial penalty. However, in respect of serious public safety infringements there is provision to enable anyone, including the Local Authority, to seek an injunction from the Courts which is not subject to the same time constraints.

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 Q21 Can I get previously unauthorised building work regularised?


A21 It is possible for unauthorise building work, whihc was commenced on or after November 1985 to be regularised. You will need to make an application for a Regularisation Certificate.

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Broadland District Council Norwich City Council South Norfolk Council A partnership of professionals Enquiries: 01603 430100 | Click here to email us The Royal Institute of Chartered Surveyors Local Authority Building Control