FAQs

What are Building Regulations?
What is the purpose of the Building Regulations?
What building work is covered by the Building Regulations?
Do I have to pay anything for the services of the Council?
Is there any difference in cost between a Full Plans application and a Building Notice?
What will the Council do?
When can I start work?
What happens if I do work without approval?
Will I get a completion certificate upon completion of the works?
What are the Construction Health & Safety regulations?

What are Building Regulations?

Communities and Local Government is responsible for policy on the Building Regulations, which exist to ensure the health, safety, welfare and convenience of people in and around buildings, and the energy efficiency of buildings. The regulations apply to most new buildings and many alterations of existing buildings in England and Wales, whether domestic, commercial or industrial.

It is not necessary to employ the council to complete building regulation approval. One can employ approved inspectors to check, approve and issue building completion certificates. One of the best known companies to provide this service is the NHBC, but small companies are available.

With approved inspectors working directly for the client they are often better to deal with as they are more proactive and willing to provide advice and comment.

What is the purpose of the Building Regulations?

The Building Regulations are approved by Parliament and deal with the minimum standards of design and building work for the construction of domestic, commercial and industrial buildings. In addition, they set out the definitions of what is regarded as building work and the procedures for ensuring that it meets the standards laid down.

The Building Regulations also 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 provide for energy conservation; and to provide access and facilities for disabled people.

In total there are 13 Parts (A-H and J-N) to these requirements. They cover subjects such as structure, fire safety, ventilation, drainage, energy conservation, and access and facilities for disabled people. The requirements are expressed in broad, functional terms in order to give designers and builders the maximum flexibility in preparing their plans.

The Approved Documents

Each Part of Schedule 1 to the regulations is supported by a separate document called an "Approved Document" which contains practical and technical guidance on ways in which the requirements can be met. These documents can be viewed in full at www.planningportal.gov.uk

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. However, there may well be alternative ways of complying with the requirements to those shown in the Approved Documents. 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.

What building work is covered by the Building Regulations?

The Building Regulations cover building work as defined in Regulation 3 of the Regulations. This means that if you want to put up a new building, extend or alter an existing one, or provide fittings in a building such as drains or heat-producing appliances, washing and sanitary facilities and hot water storage (that is, unvented hot water systems), the Building Regulations will probably apply. They may also apply to certain changes of use of an existing building even though construction work may not be intended. This is because the change of use may involve the building having to meet different requirements of the Regulations.

Do remember that although it may appear the Regulations do not apply to some of the work you wish to undertake, the end result of doing that work could lead to contraventions of the Regulations. You should also recognise that some work - whether or not controlled - could have implications for adjacent property. In such cases it would be advisable to take professional advice. Some examples are:

removal of buttressing support to a party wall
underpinning of a part of a building
removal of a tree close to a wall of an adjoining property; the addition of floor screed to a balcony which may reduce the height of a safety barrier
building parapets which may increase snow accumulation and lead to excessive increase in loading on roofs

Important: Whether or not the work is controlled due regard should, of course, be given to potential hazards arising and the need for safety precautions, for example to children in respect of the construction of a garden pond.

Do I have to pay anything for the services of the Council?

Yes. A charge is payable to the Council and will be subject to VAT. We set our charges according to the type of work involved and publish them in a Scheme, which is available upon request. The basis for setting and making the charges is contained in The Building (Local Authority Charges) Regulations 1998. Regulation 9 of these Regulations exempts from payment of a charge certain types of building work, which is solely required for disabled persons.

Is there any difference in cost between a Full Plans application and a Building Notice?

No. A full plans application involves a two stage payment - one of which must be paid at the time you submit your plans (a 'plan charge'), and another following the first inspection on site (an 'inspection charge'). A 'building notice charge' will amount to the same as would be payable for a Full Plans application plus a site inspection; and is payable when you submit your building notice.

What will the Council do?

Full Plans Procedure: If you use the Full Plans procedure, we will check your plans and consult any appropriate authorities (such as fire and water authorities). If your plans comply with the Building Regulations you will receive a notice that they have been approved. If we are not satisfied you may be asked to make amendments or provide more details. Alternatively, a conditional approval may be issued. This will either specify modifications, which must be made to the plans; or will specify further plans, which must be deposited. If your plans are rejected the reasons will be stated in the notice. To complete full plans architectural drawings are required. Should you need an architect please contact us.
Building Notice Procedure: If you use the Building Notice procedure, as with Full Plans applications, the work will normally be inspected as it proceeds; but you will not receive any notice indicating whether your proposal has been passed or rejected. However, you will be advised where the work itself is found by the building control surveyor not to comply with the Regulations. If before commencement or while work is in progress, we require further information such as structural design calculations of plans, you must supply the details requested.

When can I start work?

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

What happens if I do work without approval?

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

Will I get a completion certificate upon completion of the works?

Yes. When the work is completed (excluding decorating and furnishing) you must arrange for a completion inspection by your building control officer. A completion certificate will be issued providing the work is satisfactory. It is strongly recommended that this completion certificate is obtained before final payment is made to the contractor. Solicitors may also require a copy of this certificate, which confirms that the work has been completed in accordance with the Building Regulations.

What are the Construction Health & Safety regulations?

Construction Health & Safety comes under various government legislation. The most important of these is the CDM (Construct Design Management) regulations. Croft is fully committed to the regulations and produces risk assessments for all projects where CDM regulations apply.

To comply with the regulations planning supervisors must be appointed on all projects. It is the responsibility of the Client to ensure a Planning Supervisor with adequate experience is appointed. Croft does not undertake planning supervisor roles but we do have an organization we can recommend if required.

When do CDM (Construct Design Management) Regs Apply?

They apply to construction work unless:

the work will last 30 days or less and involve less than five people on site at any one time; or
the work is being done for a domestic client (that is someone who lives, or will live, in the premises where the work is being done). In this case only the duties to notify HSE and those placed on designers apply. However, in some instances domestic clients may enter into an arrangement with a developer who carries on a trade, business or other activity. For example, a developer may sell domestic premises before the project is complete. The domestic client then owns the incomplete property, but the developer still arranges for the construction work to be carried out. In this case the CDM requirements apply to the developer.