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What are the Building Regulations?
The Building Regulations apply to building work in England & Wales and set standards for the design and construction of buildings to ensure the safety and health for people in or about those buildings. They also include requirements to ensure that fuel and power is conserved and facilities are provided for people, including those with disabilities, to access and move around inside buildings. In this section you can also learn more about compliance and the consequences of not complying.
Is Building Regulations approval the same as planning permission?
Building Regulations approval is a separate matter from obtaining planning permission for your work. Similarly, receiving any planning permission which your work may require is not the same as taking action to ensure that it complies with the Building Regulations. You can learn more about the difference between Planning Permission and Building Regulations here.
Difference between Planning Permission and Building Regulations
It is generally realized that a form of permission is required for building work or alterations of properties. However, it may not always be clear how the Planning and Building Regulations approval regimes differ.
Building Regulations set standards for the design and construction of buildings to ensure the safety and health for people in or about those buildings. They also include requirements to ensure that fuel and power is conserved and facilities are provided for people, including those with disabilities, to access and move around inside buildings.
Planning seeks to guide the way our towns, cities and countryside develop. This includes the use of land & buildings, the appearance of buildings, landscaping considerations, highway access and the impact that the development will have on the general environment.
For many types of building work, separate permission under both regimes (separate processes) will be required. For other building work, such as internal alterations, Buildings Regulations approval will probably be needed, but Planning permission may not be. If you are in any doubt you should contact your Local Planning Authority or a Building Control Body.
Building Regulations approval process
Meeting the requirements of the Building Regulations is the responsibility of the person carrying out the building work and, if they are not the same person, the owner of the building. The building regulations apply to most building work, therefore it is important to know when approval is needed.
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. The person carrying out the work has the choice of where to get approval for the building work.
How to get approval depends on whether a Local Authority Building Control or Approved Inspector Building Control service is being used.
In the case of some minor works, the contractor (if approved to do so) may be able to self-certify the work, meaning you will not need to seek approval directly yourself - the contractor will notify the Building Control Body of their work and that it has been done in accordance with the Building Regulations. (separate to Planning Permission).
Do I need Building Regulations Approval?
If you are planning to carry out 'Building Work' as defined in Regulation 3 of the Building Regulations, then it must comply with the Building Regulations. This normally means seeking approval of the work from a Building Control Body.
The following types of project amount to 'Building Work':
* The erection or extension of a building
* An alteration project involving work which will temporarily or permanently affect the ongoing compliance of the building, service or fitting with the requirements relating to structure, fire, or access to and use of buildings
* When installing replacement windows using a Builder or window company not FENSA registered
* The installation or extension of a service or fitting which is controlled under the regulations
* The insertion of insulation into a cavity wall
* The underpinning of the foundations of a building
* When you want to change the building's fundamental use
Further information
If your building work consists only of the installation of certain types of services or fittings (e.g. some types of drain, fuel burning appliances, replacement windows, WCs, and showers) and you employ an installer registered with a relevant scheme designated in the Building Regulations (a competent person), that installer may be able to self-certify the work. Therefore, you will not need to involve a Building Control Service. However, this concession is strictly limited to the specific type of installation described and does not cover any other type of building work.
The works themselves must meet the relevant technical requirements in the Building Regulations and they must not make other fabric, services and fittings less compliant than they were before - or dangerous. For example, the provision of replacement double-glazing must not make compliance worse in relation to means of escape, air supply for combustion appliances and their flues and ventilation for health.
They may also apply to certain changes of use of an existing building. This is because the change of use may result in the building as a whole no longer complying with the requirements which will apply to its new type of use, and so having to be up-graded to meet additional requirements specified in the regulations for which building work may also be required.
How to get Building Regulations approval
The way to obtain approval will depend on whether you choose to use the Building Control services of a Local Authority or an Approved Inspector.
If you choose to use an Approved Inspector you should speak with them about how they wish you to engage them. You and the Approved Inspector should jointly notify the Local Authority for where the building work will be carried out 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. Some of them relate to pre-site procedures and others relate to procedures once work is underway on site.
Where to get Building Regulations approval
You can seek Building Regulations approval from a Building Contol Body (BCB) - either your local authority Building Control Service or through a private sector Approved Inspector's Building Control Service.
You can contact your Local Authority Building Control service through your district or borough council.
Approved Inspectors are private sector companies or practitioners and are approved for the purpose of carrying out the Building Control Service as an alternative to your local authority. Approved Inspectors can provide a service in connection with most sorts of building project involving new buildings or work to existing buildings, including extensions or alterations to homes. All Approved Inspectors are registered with the Construction Industry Council (CIC) who can provide a list of members.
If you are employing a builder to do your work you should be clear from the outset whether they are taking responsibility for ensuring that the building work complies with the Building Regulations, and also whether they are taking responsibility for liaising with the Building Control Service you have decided to use. In the case of some minor works, the contractor (if approved to do so) may be able to self-certify the work, meaning you will not need to seek approval directly - the contractor will notify the Building Control Body of their work and that it has been done in accordance with the Building Regulations.
In addition, you should bear in mind that your building work may require planning permission. You will need to check the position; and if you do require permission you will need to be clear whether you, your builder or designer are taking responsibility for obtaining it. Some types of building development may also be subject to other types of statutory requirements and consents.
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