Building regulations set standards for design and construction which apply to most new buildings and many alterations to existing buildings in England and Wales, whether in the home or commercial development.
They are primarily to ensure the safety and health for people in or around those buildings, but also for energy conservation and access to buildings. Your building or alterations work may also require planning permission.
This guide is for anyone undertaking building work. It explains what the building regulations are, when and how to get approval, the approval process itself, and the determinations and appeals process. It also covers how building regulations differ from planning permission.
Table of Contents
What are building regulations?
Building regulations apply to building projects in England and Wales. They set out:
- what constitutes building work
- requirements for material and workmanship
- water and energy efficiency requirements
- requirements for testing and commissioning of services
- types of buildings that may be exempt from building regulations
- requirements for the technical performance of building work
- aspects of building design and construction ranging from structural matters, fire safety, and energy conservation to hygiene, sound insulation, and access to and use of buildings
- relevant procedures that must be followed
Building regulations standards are applied and enforced through the building control system and are supported by technical guidance documents. These technical documents – known as approved documents – provide guidance for meeting the requirements of the regulations. You can find downloadable approved documents for building regulations on the Planning Portal website [opens in a new window].
Anyone intending to carry out building work that is subject to building regulations is required by law to make sure any work complies with the relevant regulations and that they use an approved Building Control Service. This could be provided by either:
- your local authority
- private sector approved inspectors
The difference between building regulations and planning permission
Complying with building regulations and obtaining planning permission are separate matters. Building regulations set the standards for the design and construction of buildings. Planning permission is used to guide the way towns, cities and the countryside are developed. Planning takes into account factors such as:
- the use of land and buildings
- the appearance of buildings and landscaping considerations
- highway access
- the impact that the development will have on the general environment
For many types of building work, you will require separate permission under both building regulations and planning permission. Some types of building work, such as internal alterations, may only require buildings regulations approval. You should contact a building control body (BCB) – this can be either your local authority building control service or an approved inspector’s building control service to determine what kind of approval your building work requires.
You should always discuss your proposals with the relevant BCB before starting any building work. For general enquiries about building regulations you should contact your Local Authority Building Control Department.
If you are having construction work done as part of a trade or business – eg as a landlord or a developer – you may need to notify the Health & Safety Executive (HSE). You may also have other duties as a client under the Construction (Design and Management) Regulations 2007. Find out whether the 2007 Construction Regulations affect your building work on the HSE website.
Building approval responsibilities
It is the responsibility of the person carrying out the building work to meet building regulation requirements. So, if you are using a builder, you will need to determine who will:
- take responsibility for ensuring the work complies with the regulations
- liaise with building control
It is important to know when approval is required. See the page in this guide on when you need building approval.
It is the responsibility of building control bodies (BCBs) to ensure that the building regulations have been met – see the page in this guide on where to get building approval.
BCBs are either local authority building control or private sector approved inspector building control services. The nature of the building approval process is dependant on whether the Building Control Service is provided by your local authority or by an approved inspector. See the page in this guide on how to get building approval.
The inspections BCBs undertake should not be confused with full site supervision. Inspections are only generally carried out at certain stages of the building work. Completion certificates or final certificates, which local authorities or approved inspectors respectively issue, are therefore not a guarantee or warranty for the building work that has been carried out. See the page in this guide on how to get building approval.
When you need building approval
The following types of project are defined as building work by the building regulations:
- erection or extension of a building
- alterations 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
- installation of replacement windows using a builder or window company not registered with the relevant Competent Person Schemes.
- installation or extension of a service or fitting which is controlled under the regulations
- insertion of insulation into a cavity wall
- underpinning of the foundations of a building
- work that changes the building’s use in a way which counts as ‘material’ for the purposes of the regulations – read Regulation 5 of the Building Regulations 2010 on the Legislation website- Opens in a new window
You may also need to get planning permission for the kind of work you wish to carry out; enquiries should be made at an early stage to your local planning authority.
The building work must meet the relevant technical requirements in the Building Regulations 2010 and must not make other fabric, services and fittings dangerous or less compliant with the Regulations than they were before.
If you change the material use of a building, you may have to comply with certain additional requirements in relation to the building regulations to ensure that the building as a whole meets all the requirements of its new use.
Before starting any work, you should refer to Regulation 3 of the Building Regulations 2010 for the full meaning of ‘building work’. You can read Regulation 3 of the Building Regulations 2010 on the Legislation website- Opens in a new window.
Regulation exemptions
Some building works are exempt from the whole of the building regulations, while other kinds of work are only exempt from certain aspects. You can find exemptions from building regulations on the Planning Portal website- Opens in a new window.
Where to get building approval
Building control bodies (BCBs) have the responsibility of checking whether building regulations have been met. They can be either a:
- building control provided through your local authority
- private sector approved inspector (AI)
If you are employing a builder and your builder is registered with a recognised Competent Person Scheme (CPS), they may be able to self-certify certain types of building work – eg electrical work or replacement windows. This will remove the need for the BCB to check that particular part of the building work. You can find a list of CPSs on the Communities and Local Government website- Opens in a new window.
You can also get extra reassurance from third party certification – schemes for accreditation of materials, products and/or installers.
How to get building approval
You can choose to use the building control services of a local authority or an approved inspector (AI) to get building regulations approval.
Using local authority building control
The local authority building control service uses both pre-site approval procedures and on-site procedures once work is underway.
Pre-site approval
Depending upon the scale and type of work you propose you may have the option of following one of three different procedures:
- Full Plans – where drawings, details and other supporting information are submitted for checking and a formal decision notice (approval, conditional approval or rejection) is given
- Building Notice – a less detailed form of application where minimal information is initially required (although the local authority may request further detail) and no formal decision is given – the approval process is much more heavily weighted towards the work in progress
- Regularisation – a means of applying for retrospective approval of work that was previously carried out without building regulations approval
You will have to pay a fee for these applications. The charge may vary between local authorities but it is regulated by the Building (Local Authority Charges) Regulations 2010. You should contact your local authority for details of their fees.
On-site approval
Your local authority will carry out inspections of the building work once it is in progress. They will explain about the notification procedures which the regulations require you to follow at various stages of the work – eg in connection with foundations, damp proof courses and drains.
As you reach each stage, you should ensure adequate notice is given to the local authority building control body so that the work can be inspected to prevent any undue delay. The authority will advise you if the work does not comply with building regulations.
The LABC has also developed an online service for creating and submitting building control applications. You can use this service to apply to any local authority in England and Wales.
Apply for a building control online on the Submit-a-Plan website- Opens in a new window.
Failure of notification and contravention of the regulations
If you fail to notify the local authority of relevant stages of work for inspection, they may require the work to be opened up for inspection. If this happens, the authority will give notice in writing.
If your building work contravenes building regulations, the local authority may serve you with an enforcement notice requiring you to alter or remove work. You can appeal against an enforcement notice if you believe the work does comply. Read about enforcement appeals on the Planning Portal website- Opens in a new window.
Using an AI
When you use an AI, they will take on responsibility for checking the plans and inspecting your building work. The procedure requires you and the AI jointly to notify your local authority of your intended building work in an ‘initial notice’. Once this notice has been accepted by your local authority, the responsibility for plan checking and site inspection will be formally placed on the AI.
An AI will:
- advise you on how the building regulations apply to your work
- check your plans
- issue a plans certificate (if requested)
- inspect the work as it progresses
- issue a final certificate to the relevant local authority
The final certificate indicates that the AI has carried out their inspection responsibility. Please note that where an AI is not prepared to issue a final certificate – for example, when there is a disagreement upon compliance of the work – that work becomes the responsibility of the LABC body.
You will have to pay a fee for the AI.
Determination and appeals of building regulations decisions
It is possible that your plans may be rejected by the building control body (BCB) on the grounds that they do not comply with building regulations.
If you think your plans do satisfy the functional requirements of the building regulations, you can dispute this decision. There is a process of determination or appeal in which people carrying out building work subject to the building regulations apply to the Secretary of State for Communities and Local Government to adjudicate in disputes with a BCB.
The procedures and purpose of determinations and appeals are noticeably different. Before deciding whether to use a determination or an appeal, you should have a clear understanding of both. You should also try to reach agreement with the BCB over the issues which are causing the disagreement regarding non-compliance before going ahead with a determination or appeal.
You can seek independent professional advice to assist these discussions. Only if agreement cannot be reached should you then consider whether the correct course of action is to proceed with a determination or an appeal.
Determinations
Determinations are decisions given as to whether or not the functional requirements of one or more of the requirements of the building regulations have been satisfied in a particular case. This helps resolve matters when you disagree with a local authority or approved inspector which believes your plans do not comply with those requirements. You will have to pay a fee to apply for a determination.
Relaxations, dispensations and appeals
If your building work cannot comply with building regulation requirements because they are too onerous or inappropriate, you have the right to apply to your local authority for a relaxation or dispensation of the requirements. This consideration for a relaxation or dispensation is to allow your completed building work to achieve compliance.
If the local authority refuses your relaxation or dispensation application, you have a right of appeal. Your appeal application must be made within one month of the authority’s decision. Appeals are free of charge.
Download a guide to determination and appeals [opens in a new window].
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Every effort has been made by the author(s) to ensure this article’s accuracy but it does not constitute legal advice tailored to your circumstances. If you act on it, you acknowledge that you do so at your own risk. We cannot assume responsibility and do not accept liability for any damage or loss which may arise as a result of your reliance upon it.
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