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What are The Building Regulations?

The Building Regulations are made under powers provided in the Building Act 1984 and apply in England and Wales. The current edition of the regulations is ‘The Building Regulations 2010’ (as amended) and the majority of building projects are required to comply with them.

They exist to ensure the health and safety of people in and around all types of buildings (i.e. domestic, commercial and industrial).

The Building Regulations contain various sections dealing with definitions, procedures, and what is expected in terms of the technical performance of building work. For example, they:

• Define what types of building, plumbing, and heating projects amount to ‘Building Work’ and make these subject to control under the Building Regulations.
• Specify what types of buildings are exempt from control under the Building Regulations.
• Set out the notification procedures to follow when starting, carrying out, and completing building work.
• Set out ‘the requirements’ of the building regulations with which the individual aspects of building design and construction must comply in the interests of the health and safety of building users, of energy conservation, and of access to and use of buildings.

You should particularly bear in mind that applying for and complying with the Building Regulations 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.

There is extensive information available about the planning & building regulations systems in general, and how to go about obtaining planning permission and building regulations approval on the internet site Planning Portal

In particular, the 3D interactive guides on the portal show the most common types of householder development. They describe each element and whether planning permission, building regulations approval, or both are required.

The primary responsibility for submitting your application and achieving compliance with the regulations rests with the person carrying out the building work. If you are carrying out the work personally the responsibility will be yours. If you are employing a builder the responsibility will usually be that firm’s but you should confirm this position at the very beginning.

You should also bear in mind that if you are the owner of the building, it is ultimately you who may be served with an enforcement notice if the work does not comply with the regulations, so it is important that you choose your builder carefully. We have listed some useful websites that can help you in this process.

There are also some common sense tips on our Dos & Don’ts page that should help your project run smoothly.

I think my project needs approvals, what should do I do now?

Whilst there is no one answer to this as every project is different, there are some common activities and processes that normally follow. Stepping through each systematically, will help you keep control of your project.

Step 1: Contact the council to check

If you’re sure of your facts you can skip this but we’d always recommend contacting your planning and building control departments. They can confirm what you need to apply for and give you other useful advice at this stage.

Step 2: Clarify your project

We have seen many projects change halfway through because the customer hadn’t thought their project through. Make sure you know what you want to achieve. By this stage you should be thinking about questions such as:

• What size do I want the building/extension to be?
• How do I want the internal layout to work?
• What design will I use in terms of materials and construction methods?
• What fixtures and fittings do I intend having?

Poor preparation can lead to considerable increases in the time and money spent on a project. Having a clear goal allows you to go forward with confidence.

Step 3: Decide if you need an agent and start getting your approvals

For more complex works you should consider seeking the help of a qualified agent. They will help you refine your ideas and will develop the project for you. They will also be able to advise you on what other permissions are required.

In our experience, when complex projects are submitted under a Building Notice you often find that the customer and builder can’t agree on the way forward or the costs! Having proper plans drawn can save you a lot of time and money in the long run. You may also be considering the finance costs for the project should you need to take out a small loan. With properly costed plans you can meet your lender with confidence about the sum you wish to borrow.

Step 4: Consult your neighbours

On many projects your neighbours will have an interest in what you are intending to do. This may be because you share a party wall or access to the rear etc. For guidance on the party wall Act 1996, please refer to the following website.

• Planning Portal guidance on the Party Wall Act 1996

As a courtesy we always advise that you arrange to meet your neighbours with your plans and discuss your project with them. You may answer some of their concerns by simply telling them information such as when you intend to start works, how long it should take, what if anything you’ll need from them, or how you’ll safeguard their interests. They may also be able to offer support and advice.

Step 5: Hire your builder

Selecting your builder is a key task and by no means easy. To give you more information on this we’ve listed some good websites on our useful links page that should help. We’ve also provided some common sense tips in our Dos and Don’ts page. Use these and you may be able to reduce a lot of the risk associated with selecting a builder and hopefully avoid many of the problems that we often witness.

Step 6: Get your approvals.

You should never start work on site until you’ve got the necessary approvals but once you or your agent have obtained these you’re good to go! Make sure you keep copies of the approval(s) in your project file as they may have certain conditions attached that you’ll need to comply with.

Step 7: Do the work

We will inspect the work for compliance with the regulations at certain key stages. See the site inspections page for further information about this.

You’d be surprised by the number of customers we meet that don’t keep a project file! We see this as an essential tool as it helps you keep your project on track once you start on site. Invoices from the builders, monies you’ve paid and for what, letters to and from the architect and records of building control inspections are amongst the many documents that should be readily available should the need arise. This is particularly important in dealing with disputes. Easy identification of the issues and responsibilities will help ensure that money and time are not wasted and that your project stays on track.

Step 8: Completion and sign-off

When is the project finished? If you’ve kept a project file you’ll know the answer to this, because you’ll have your Completion Certificate from us.

Customers often tell us that their builder had said everything was finished and that they have paid them only to find that some points (which can somertimes be significant), are still outstanding. It is difficult, if not impossible, to get a builder back to rectify works once they’ve been paid in full!

Related links

• Planning Portal "Buy a Plan"

Last updated: 16 February 2012