Getting Building Regs approval
Mike Hardwick explains what the rules are and how to get successful sign-off
From the technical design to securing your completion certificate, Mike Hardwick shares how to navigate the rules
Building Regulations approval is a statutory requirement on all new dwellings and extensions in the UK and can be the cause of some stress for those unfamiliar with the system. Often lumped into the same process as obtaining planning permission, Building Regs differ from planning in one essential area – they are objective. Where planning consent is subject to the officer liking what you are trying to achieve, if you follow the rules set out by the regs, you’ll get approval. So, here’s how to go about getting that all-important completion certificate that signifies Building Regs sign-off.
What are Building Regs?
They comprise a series of documents that together help ensure that all new buildings in the UK are safe, efficient and accessible. The regs take the form of various Approved Documents (ADS) that cover specific areas (see overleaf). I’ll concentrate on the regs for England and Wales, but you can see there are differences in Scotland and Northern Ireland because the responsibility has been devolved.
There’s a lot of information contained in the regs and I doubt that anyone knows all the ADS the whole way through, although your architect or designer and your builder should be familiar with the key points. The aim is to comply with Building Regs wherever possible, but there may be situations where this is impossible, so inspectors do have some room for manoeuvre over their decisions.
Who keeps it in check?
The traditional option of using the local authority building control (LABC) service might be your first instinct. But the system has been deregulated so that any approved building control body (BCB) can do the job. Private companies, usually referred to as approved inspectors (AIS) can undertake the work. While there are dedicated firms who deal with just Building Regs, many are also structural warranty providers who undertake similar inspection regimes as part of their service, so have the right staff qualified to do the work. There are pros and cons to using both, and, ultimately, it’s your choice.
Your local authority will be close at hand, so can drop in as required, will have an understanding of the local ground conditions and may well have worked with your builder beforehand. A private AI may not be so local and so unable to respond as quickly. But, they could address both Building Regs and the structural warranty inspections in the same visit, making the inspection regime more efficient – one visit covers both requirements.
An important difference between the two is enforcement. An AI has no enforcement powers so can’t issue a ‘stop notice’ if something is going wrong and the builder is failing to comply with the regs. Instead, they might submit a ‘reversion notice’ to hand the job back to the local council who can take further action.
The biggest discriminator between LABC and AIS is likely to be cost. Your local authority will normally have a table on their website listing their prices for the job based on the work involved, the number of dwellings and floor area for extensions so you can calculate the cost in advance. AI fees are risk based, so the more complex the job, the higher the price is likely to be and vice-versa. If you’re making a simple low-risk property, it might be cheaper to get your Building Regs approval through an AI.
How to apply
The usual route for self builders is a full plans submission whereby your construction drawings are put forward for approval along with your SAP (standard assessment procedure) calculations. This lets the inspectors to see what is being proposed and to query anything that is unclear with the architect or designer. Once they are happy, they will advise the inspection points when they would come out to check the work. This isn’t set in stone, but they would usually wish to see the foundations (before concrete is poured), ground and upper floors, damp proofing, the roof structure, any drainage, the structural beams and openings, fire proofing and thermal insulation. When using your local authority, there are separate fees payable for checking the plans and for the inspection regime. You can expect to receive approval of your application within five weeks and your certificate should be issued within eight weeks of completion.
For smaller jobs, such as building a porch or converting a garage, it is possible to submit a building notice, at least 48 hours before work begins. This route costs much less and has a far less rigorous inspection regime, but it should never be an option for a new build dwelling.
Renovators should use trades that are part of the Competent Persons Scheme to avoid the need to involve building control. These include those registered with FENSA for windows and doors, Gas Safe, OFTEC or part of the Microgeneration Certification Scheme for heating systems. But if you are unsure what’s covered and what isn’t, best to be safe and check with building control. This does not apply to new builds. Your BCB will want to check compliance in all areas meets their satisfaction before they issue a completion certificate, no matter who installed it –although some works can only be undertaken be suitably qualified trades.
The key to success
The best advice I can give is to be honest and open with your BCB. If there is a problem, discuss it with them because there is usually a way out of any fix. Covering up issues that arise will only store them up for later and trying to obtain approval after the fact can be expensive and disruptive. The most common time for problems to rear their heads is when the house is being sold on, which can scupper a sale. A classic is where the attic has been converted into living space but without following the rules governing correct access and proper fire egress.
The regs do change from time-totime but remember that the only ones applicable to your project are those that were in force when the full plans approval was given. If subsequent amendments to the approved documents are made as your build progresses, you won’t be under any obligation to comply with them.
Remember, too, that compliance with the Building Regulations is the responsibility of the owner of the property. This still means you, even when your trades haven’t finished constructing it! By all means let your contractors contact building control and engage with them directly, but you must keep up with everything going on and if they deviate from the agreed plans (as often happens) you need to be aware of what needs to change and what has been agreed with your contact.
Finally, use the knowledge your inspector has. Local authority agents are usually willing to offer a bit of free advice at the start because they know
it is better to set a project off on the right foot rather than trying to pick up the pieces when it’s all gone wrong. They can advise on soil conditions and technical details, so rather than trying to avoid contact (as we tend to do with planners) tap them for all the knowledge you can because they are there to help and like nothing more than to see a well-built project at the end of their involvement.