Building Regulations, like planning conditions, are statutory requirements that must be satisfied in order for construction to be carried out. They are laid down by Parliament and are aimed at ensuring adequate standards of building work are met, mainly concerning the health and safety of those in and around the building both during construction and for future occupancy.
The legal requirements are detailed in ‘Approved Documents’, containing both practical and technical guidance.
You should submit a Building Regulations application prior to commencement of construction. A Building Inspector will then assess your proposals and, if they conform, issue an approval.
Following approval, the inspector will carry out a number of inspections at various stages of construction right through to completion whereupon they will issue a completion certificate.
Making a Building Regs Application
A ‘Full Plans Application’ should be submitted to your local authority before you start building (often along with the planning application).
The application should include:
• Application form
• Plan fee (see section on costs)
• Drawings — two sets of detailed scale drawings with relevant notes on or attached and showing service locations.
• Structural calculations/site investigations, depending on design and condition of site. Check with your local authority.
The council will acknowledge receipt of your application, from which time they will assign a Building Inspector to your case. They will have up to five weeks in which to assess your proposals and issue either an approval or refusal notice.
If your application conforms to Building Regulations Standards you will be issued an Approval Notice which may have conditions attached.
Refusal:
If your plans do not comply, you will be given a Refusal Notice. The reasons for rejection will be stated. This gives you a choice to put things right and resubmit. The refusal will not go on record (unlike a planning rejection) and resubmission is at no extra charge.
If you do not accept that refusal is justified you can seek a dispensation from the local authority. If you are still refused consent, you can seek a determination from the Secretary of State — speak to your Building Inspector for details.
Legally you can start work before an approval notice has been issued, as long as you give local authority notice of at least two clear working days. However, you must be mindful that should your application not be approved, the local authority has the right to remove/pull down any work you have carried out up to that point.
It is illegal to commence building work without giving any notice to the local authority. If you fail to give notice, you are liable to a fine of £5,000, plus £50 for each day you continue to offend.
Note: Inspection requirements will vary with each local authority.
An inspector will visit the site at each stage to ensure works are proceeding to a satisfactory standard. If they feel in any way that they are not, they have the power to make you correct the situation. If you fail to co-operate you are liable for prosecution and costs.
Typical Building Regulations Inspection Stages
Stage of work Notice required
• Commencement 48 hours prior to inspection
• Excavation of foundations 24 hours prior to inspection
• Concrete foundations 24 hours prior to inspection
• Damp proof course 24 hours prior to inspection
• Hardcore oversite 24 hours prior to inspection
• Structural timbers 24 hours prior to inspection
• Drain connection with sewer 24 hours prior to inspection
• Drains inspection 24 hours prior to inspection
• Drain backfilled and ready for test within 5 days
•
Final Completion or occupation before completion 5 days prior to inspection
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