Text of ODPM document explaining building regulations

Foreword
This edition of the Explanatory Booklet on the Building Regulations
was first printed in January 2003. It significantly updated and
expanded on the 1998 edition, although the broad content
covered remained much the same.
The main changes to the 1998 booklet were:
. A fuller explanation of what the Building Regulations are all
about and how they apply in practice;
. A fuller explanation of the two types of Building Control
Service (i.e. your local authority or an approved inspector) –
one of which must be used to take you through the Building
Regulations procedures;
. An expanded Questions & Answers section offering additional
guidance on how the various requirements in the Building
Regulations may apply to a building project. In particular, the
section refers to the recently introduced option for some
types of controlled fittings and services (such as replacement
windows and plumbing work) to be carried out by registered
installers without the need to involve a Building Control
Service. It also includes examples of some of the other
recent changes to the regulations, such as fuel burning
appliances and fuel storage;
. A fuller explanation of how to ensure the Building Regulations
are not contravened and how they are enforced;
. An Annex A summarising some of the more common types
of buildings which are exempt from control by the Building
Regulations; and
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. An Annex B with an extensive list of sources of information
and assistance including documents, publications and addresses
of organisations.
This latest reprint of the Booklet updates the content to take
account of the most recent changes in the Building Regulations.
A few amendments have also been made to either clarify certain
points or to add additional information.
Contents
1. General introduction 5
2. The Building Regulations 6
What the Building Regulations do. 6
What you need to do. 7
The ‘requirements’ in the Building Regulations. 8
The Approved Documents. 8
Seeking advice and choosing your builder. 11
3. How the Building Regulations apply in practice 12
What is ‘Building Work’ as defined in the Building Regulations. 12
Points to watch out for about the site you are going to 13
build on: drains, radon, and contaminated substances.
Am I required to consult my neighbours about my 14
proposed building work?
If the Building Regulations don’t apply: dangers to watch out for. 15
4. Will the Building Regulations apply to the work 17
I want to do? Questions and Answers
5. The two types of Building Control Service 31
Your local authority Building Control Service. 33
An approved inspector’s Building Control Service. 40
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6. Contravention and enforcement of the 44
Building Regulations
What happens if I contravene the Building Regulations? 44
What happens if I disagree with the local authority’s 46
enforcement notice?
How can I go about checking whether unauthorised building 47
work complies with the Building Regulations?
ANNEX A 49
Examples of buildings which are exempt from control under 48
the Building Regulations.
ANNEX B 52
Sources of information. 52
Section 1
General introduction
1.1 This booklet provides an introduction to the Building Regulations
in England and Wales and is intended for anyone proposing to
carry out building projects. It is not a statement of the law but is
intended to help you to understand the system.
1.2 To help you understand more about the subjects referred to in
the booklet, sources of assistance and information – including
documents, publications and addresses of organisations – are
listed in Annex B at the back.
1.3 The booklet deals only with the Building Regulations. The work
which your project involves may be subject to other statutory
requirements such as planning permission, fire precautions, water
regulations, licensing/registration and the Party Wall etc. Act 1996
(see Annex B: ‘Sources of information’).
1.4 You should particularly bear in mind that 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. A free guide is available for householders which
explains the planning system. In addition, there is extensive
information available about the planning system in general and
how to go about obtaining planning permission on the website
‘Planning Portal’ (see Annex B: ‘Sources of information’).
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2 Section 2
The Building Regulations
WHAT THE BUILDING REGULATIONS DO
2.1 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
2000’ (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). They also provide for energy
conservation, and access to and use of buildings.
2.2 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 (see paragraphs 3.1-3.2);
. specify what types of buildings are exempt from control under
the Building Regulations (Annex A gives examples of the
more common types of building which are exempt);
. set out the notification procedures to follow when starting,
carrying out, and completing building work; and
. set out the ‘requirements’ 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 access to and use of buildings (see
paragraphs 2.5 and 2.6).
WHAT YOU NEED TO DO
2.3 Anyone wanting to carry out building work which is subject to
the Building Regulations is required by law to make sure it
complies with the regulations and (with some exceptions – see
paragraph 4.2(i)) to use one of the two types of Building
Control Service available, i.e:
. the Building Control Service provided by your local
authority (see paragraphs 5.5-5.22); or
. the Building Control Service provided by approved
inspectors (see paragraphs 5.23-5.29).
You will be charged for either service. The Building Control
Service you select may offer advice before your work is started
(see paragraphs 2.10 and 2.11).
2.4 The primary responsibility for achieving compliance with the
regulations rests with the person carrying out the building work.
So 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 (see paragraph 6.3). So it is important that
you choose your builder carefully (see paragraph 2.11).
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2 THE ‘REQUIREMENTS’ IN THE BUILDING REGULATIONS
2.5 The final bullet point in paragraph 2.2 above refers to the
‘requirements’ with which building work must comply. These are
contained in a schedule (Schedule 1) to the Building Regulations
and are grouped under thirteen ‘parts’. The ‘parts’ deal with
individual aspects of building design and construction ranging
from structural matters, fire safety, and conservation of energy –
to hygiene, sound insulation, and access to and use of buildings.
All the ‘parts’ are listed in the table opposite.
2.6 The ‘requirements’ within each ‘part’ set out the broad objectives
or functions which the individual aspects of the building design
and construction must set out to achieve. They are therefore often
referred to as ‘functional requirements’ and are expressed in terms
of what is ‘reasonable’, ‘adequate’, or ‘appropriate’. Not all the
functional requirements may apply to your building work, but all
those which do apply must be complied with as part of the
overall process of complying with the Building Regulations.
THE APPROVED DOCUMENTS
2.7 Practical guidance on ways to comply with the functional
requirements in the Building Regulations is contained in a series
of Approved Documents which are to be read alongside each of
the thirteen ’parts’ in Schedule 1 to the Building Regulations.
Each document contains:
. general guidance on the performance expected of materials
and building work in order to comply with each of the
requirements of the Building Regulations; and
. practical examples and solutions on how to achieve compliance
for some of the more common building situations.
The Approved Documents are all listed in Annex B: ‘Sources
of information’.
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The thirteen ‘parts’ of Schedule 1 to the Building Regulations
A Structure
B Fire safety
C Site preparation and resistance to moisture
D Toxic substances
E Resistance to the passage of sound
F Ventilation
G Hygiene
H Drainage and waste disposal
J Combustion appliances and fuel storage systems
K Protection from falling, collision and impact
L Conservation of fuel and power
M Access to and use of buildings
N Glazing – safety in relation to impact, opening
and cleaning
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2 2.8 The guidance in the documents does not amount to a set of
statutory requirements and does not have to be followed if you
wish to design and construct your building work in some other
way, providing you can show that it still complies with all the
relevant requirements which apply. The guidance will be taken
into account when your Building Control Service is considering
whether your plans of proposed work, or work in progress,
comply with particular requirements. In addition, there is a legal
presumption that if you have followed the guidance, then this is
evidence that your work has complied with the Building
Regulations. However, it is the job of the Building Control
Service to consider whether your plans and work comply with
the requirements in Schedule 1 to the Building Regulations –
not whether they necessarily follow the specific guidance or a
specific example in an Approved Document.
2.9 Some building work will involve work to buildings which are
either listed nationally or locally in some way for their historic
or architectural interest, and/or are buildings located in sensitive
urban or rural environments such as Conservation Areas or
Areas of Outstanding Natural Beauty. The Approved Documents
for Parts ‘B’, ‘E’ and ‘L’ acknowledge that in these circumstances it
is reasonable to meet these requirements with greater sensitivity
and more flexibility. In addition, English Heritage have produced
an Interim Guidance Note on how to balance the needs for energy
conservation with those of building conservation (see Annex B:
‘Sources of information’).
SEEKING ADVICE AND CHOOSING YOUR BUILDER
2.10 Unless you have a reasonable working knowledge of building
construction it would be advisable before any work is started to
obtain appropriate professional advice which is relevant to the
building work you want to carry out (e.g. from an architect, a
structural engineer, a building surveyor, a heating engineer or
replacement window specialist) and to choose a registered
builder, or a registered installer, to carry out the work.
2.11 The Government’s Quality Mark scheme may be able to help
you find builders who have been independently checked, on-site,
to make sure they have the skills and resources to do the job
properly. The names of any registered firms in your area, and
information about the scheme, can be obtained from the Quality
Mark Call Centre. Similarly, information on each of the registered
installers’ schemes can be obtained from the approving body
(see Annex B: ‘Sources of information’).
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3 Section 3
How the Building Regulations
apply in practice
WHAT IS ‘BUILDING WORK’ AS DEFINED IN THE
BUILDING REGULATIONS?
3.1 ‘Building Work’ is defined in Regulation 3 of the Building
Regulations. The definition means that the following types of
project amount to ‘Building Work’:
. the erection or extension of a building;
. the installation or extension of a service or fitting which is
controlled under the regulations;
. an alteration project 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;
. the insertion of insulation into a cavity wall; and
. the underpinning of the foundations of a building.
3.2 If whatever work your project involves amounts to ‘Building
Work’ then it must comply with the Building Regulations. This
means that if you want to:
. put up a new building, or extend or alter an existing one
(e.g. by converting a loft space into living space);
. or provide services and/or fittings in a building such as:
– washing and sanitary facilities (e.g. WCs, showers,
washbasins, kitchen sinks, etc.),
– hot water cylinders,
– foul water and rainwater drainage,
– replacement windows, and
– fuel burning appliances of any type;
then the Building Regulations will probably apply. This means that the
works themselves must meet the relevant technical requirements
in Schedule 1 and they must not make other fabric, services and
fittings less compliant than they previously were – or dangerous.
For example, the provision of replacement double-glazing must
not worsen compliance in relation to: means of escape; air supply
for combustion appliances and their flues; and ventilation for
health. They may also apply to:
. certain changes of use of an existing building even though
you may think that the work involved in the project will not
amount to ‘Building Work’. This is because the change of use
may result in the building as a whole no longer complying
with the requirements which will apply to its new type of use,
and so having to be up-graded to meet additional requirements
specified in the regulations for which building work may also
be required.
POINTS TO WATCH OUT FOR ABOUT THE SITE
YOU ARE GOING TO BUILD ON: DRAINS, RADON,
AND CONTAMINATED SUBSTANCES
3.3 You should take care to consider the site on which you are
proposing to build or extend. If, for example, your proposed
building work involves building close to or over the top of drains,
your Building Control Service will need to consult the sewerage
undertaker who may make recommendations on what action to
take to protect the drain from any damage which could result
from your building work. Many existing rain water and/or foul
water drains are shown on what is called ‘the official map of
sewers’. But even if a particular drain is not on this map, and
therefore not subject to the consultation procedure, you should
still consider what protective action may be needed to protect it
from your proposed building work.
3.4 You should also find out if the site on which you want to build
has a history of contamination. For example, the site may:
. be in an area where the level of radon gas present in the
ground is such that there is a possibility that excessive
quantities of radon gas could build up in the building;
. contain contaminated substances either near the surface or
deeper down; or
. be within 200m of a landfill site.
In such cases protection from gas or contaminated substances
may be required under Part C (‘Site preparation and resistance
to moisture’) of the Building Regulations.
AM I REQUIRED TO CONSULT MY NEIGHBOURS
ABOUT MY PROPOSED BUILDING WORK?
3.5 Generally there are no obligations to consult your neighbours,
but it would be sensible to do so. In any event, you should be
careful that your proposed building work does not interfere with
their property as this could lead to bad feeling and possibly civil
action for the modification or removal of the work. For example,
your work may comply with the Building Regulations but could
result in the obstruction or malfunctioning of your neighbour’s
boiler flue. You should also check your boundary lines and satisfy
yourself that there are no deeds of covenant which may prevent
you carrying out certain types of building work close to or
directly adjoining your neighbour’s property.
3.6 Although consultation with your neighbours is not required under
the Building Regulations, you should note that if your project is
subject to the Party Wall etc. Act 1996 you must give notice to
adjoining owners under that Act (see Annex B: ‘Sources of
information’). Consultation and objection procedures may also
come into play if other legislation is involved – particularly, for
example, if your proposal requires approval under Town and
Country Planning legislation.
IF THE BUILDING REGULATIONS DON’T APPLY:
DANGERS TO WATCH OUT FOR
3.7 You should always bear in mind that although the work involved
in a building project may not amount to ‘Building Work’ and
consequently not be subject to the Building Regulations, it may
be subject to other statutory regulations and the end result of
what you want to do could result in a dangerous situation or in
damage to your own or your neighbour’s property. It may also
result in your own and/or your neighbour’s building no longer
complying in some way with the Building Regulations.
3.8 The type of points to watch out for are:
. Constructing an open air swimming pool, or a garden pond.
These can cause a danger – especially to children – during
construction and afterwards. Safety precautions will need to
be taken.
. Building a garden wall. Even if it is quite low, this can present
a danger if it is not built properly – especially to children.
A free leaflet is available on the construction of free
standing walls (see Annex B: ‘Sources of information’).
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3 . Work involving any form of construction close to your own
home or your neighbour’s boundary which might, for example:
obstruct ventilation grills to ground floors; obstruct or cause
the malfunctioning of boiler flues; or produce boiler fumes
that are a nuisance to a neighbour.
. Adding a floor screed or decking to an existing balcony.
This may not always be subject to control under the Building
Regulations but may result in a reduction in the effective
height of the guard rail, and so increase the risk of people
overbalancing and falling.
. The building of an exempt building such as a car port,
conservatory or porch (see Annex A which summarises the
exemptions in the Building Regulations) which might, for
example: obstruct ventilation grills to ground floors; obstruct
or cause the malfunctioning of boiler flues; adversely affect
the safety of a gas meter due to reduced ventilation or
excessive temperature exposure; or prejudice safe gas
appliance operating conditions.
. The removal of a tree close to a wall of your own house or
of an adjoining property. This could affect the foundations
and structural stability of the building.
In all such cases it would be advisable to seek professional
advice and/or consult your local authority.
Section 4
Will the Building Regulations
apply to the work I want to
do? Questions and Answers
4.1 The answers below cover some of the more commonly asked
questions about building work, and about the installation,
replacement or repair of services, fittings, drainage, and heat
producing appliances. They are arranged in order, as far as
possible, to cover the following:
. New homes (i.e. a house, bungalow, maisonettes, or a block
of flats) and extensions, and any other type of new building.
. Alterations, conversions, and changes of use of homes and
any other type of building.
. Structural and repair matters.
. Services and fittings.
. Fuel burning appliances.
4.2 The examples cannot cover every type of building project but
they should help you to decide whether or not the Building
Regulations will apply. They also identify:
(i) those types of ‘Building Work’ where if you employ a registered
installer you do not then need to involve a Building Control
Service. Such work is identified by an asterisk (*) in the
answer. The concession is strictly limited to the specific type
of installation and type of registered installer described.
Contact details of the schemes are given in Annex B:
‘Sources of information’.
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(ii) some types of building which are exempt from control
under the Building Regulations (see Annex A which gives
examples of the more common types).
If you have any doubts about these points, and/or the health or
safety implications of the work you want to carry out, you
should consult a Building Control Service.
QUESTIONS AND ANSWERS
(a) If I want to build a new home of any type (i.e. a house,
bungalow, maisonettes or a block of flats) or any other type of
new building, will the Building Regulations apply?
YES – as a new building all the appropriate requirements in the
regulations will apply in full.
(b) If I want to build an extension to my home, will the Building
Regulations apply?
YES – but a porch or conservatory built at ground level and
under 30m2 in floor area is exempt provided that the glazing
complies with the safety glazing requirements of the Building
Regulations (i.e. Part N: ‘Glazing – safety in relation to impact,
opening and cleaning’). Annex A summarises the exemptions in
the Building Regulations. Your Building Control Service can
supply further information on safety glazing.
You should not construct a conservatory where it will restrict
ladder access to windows serving a room in the roof or a loft
conversion, particularly if any of the windows are intended as a
way of facilitating escape or rescue if there is a fire.
(c) If I want to build a garage extension onto my home, will the
Building Regulations apply?
YES – but a carport extension, open on at least two sides and
under 30m2 in floor area, is exempt. You should ensure that a
carport does not interfere with the proper working of a low level
flue outlet from an oil or gas appliance (guidance on the
location of flues can be found in Approved Document J).
See Annex A which summarises the exemptions in the
Building Regulations.
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(d) If I want to build a detached garage under 30m2 in floor area,
will the Building Regulations apply?
NO – the building will be exempt from the regulations but only
providing it is:
. under 30m2 in floor area;
. single storey and does not contain any sleeping
accommodation; and provided either:
– it is built substantially of non-combustible material; or
– when built it is no less than 1m from the boundary of
the property.
(see also Annex A which summaries the exemptions).
(e) If I want to put up a greenhouse or a small detached building
such as a garden shed or summerhouse in my garden, will the
Building Regulations apply?
NO – these buildings will be exempt from the regulations but
only providing the building is fully covered by the definitions and
conditions given in Schedule 2 to the Building Regulations (see
Annex A which summarises these exemptions).
(f)(i) If I want to carry out a loft conversion to my home, will the
Building Regulations apply?
YES – The appropriate requirements of the regulations will be
applied so as to ensure, for example: the structural strength of
the proposed floor is sufficient; the stability of the structure
(including the roof) is not endangered; safe escape from fire;
and safely designed stairs to the new floor.
(f)(ii) If I want to convert an integral or attached garage to a
dwelling into habitable use, will the Building Regulations apply?
YES – The appropriate requirements of the regulations will be
applied so as to ensure that, for example, the existing accommodation
is brought up to the standard required for habitable use, including
thermal insulation. Structural alterations to create new window
openings and the infilling of the existing garage door opening will
need to comply with the appropriate requirements of Part A;
and if the imposed loading is to be increased then the adequacy
of the existing foundations will also need investigation.
(g) If I want to carry out internal alterations within my home, or
any other type of building, will the Building Regulations apply?
YES – very likely. The regulations specify what forms of alteration
amount to ‘material alterations’ and are therefore ‘Building Work’,
taking account of the potential for the proposed work to adversely
affect compliance of the building with specific requirements. On
this basis the regulations are very likely to apply if your project
will involve alterations to the structure of the building (e.g. the
removal or part removal of a load bearing wall, joist, beam or
chimney breast); will affect escape or other fire precautions either
inside or outside the building; or will affect access to and use of
buildings. On the assumption that the regulations do apply, all the
work involved in the alteration must comply with all the
appropriate requirements.
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4 (h) If I want to replace one or more windows in my home, or any
other type of building, will the Building Regulations apply?
YES – if you are replacing the whole of the fixed frame and
opening parts. If the work is to your home and you employ a
FENSA (Fenestration Self-Assessment Scheme) registered
installer, you will not need to involve a Building Control Service*.
But on completion the installer must give your local authority a
certificate that the work complies with Part L and other appropriate
parts of the Building Regulations. You will be provided with a
certificate of compliance for your records.
NO – if the work amounts to no more than, for example,
replacing broken glass, replacing fogged double-glazing units,
replacing some rotten sashes (i.e. opening parts) in the main
window frame, or replacing some rotten sections of the main
frame members.
If your building is listed nationally, or locally in some way, for its architectural or
historic interest and/or is located in a sensitive urban or rural environment (e.g.
a Conservation Area or an Area of Outstanding Natural Beauty), you should
note that English Heritage have produced an Interim Guidance Note on the
application of Part L (‘Conservation of fuel and power’) of the Building Regulations.
The Note offers advice on how to balance the needs for energy conservation
with those of building conservation (see Annex B: ‘Sources of information’).
(i) If I want to carry out repairs to my home, or any other type
of building, will the Building Regulations apply?
NO – if the repairs are of a minor nature: e.g. replacing roofing
tiles with the same type and weight of tile; replacing the felt to a
flat roof; re-pointing brickwork; or replacing floorboards.
YES – if the repair work is more significant: e.g. removing a
substantial part of a wall and rebuilding it; underpinning a building;
or installing a new flue or flue liner. In the case of re-roofing: (i)
if the new tiling or roofing material is substantially heavier or
* See paragraph 4.2(i)
lighter than the existing material – then the Building Regulations
may apply; but (ii) if the roof is thatched, or is to be thatched where
previously it was not – then the Building Regulations will apply.
(j) If I want to convert my house into flats, will the Building
Regulations apply?
YES – the regulations define this as a ‘material change of use’
and specify the requirements with which, as a result of that
change of use, the whole or part of the building must comply
(e.g. those concerned with escape and other fire precautions,
hygiene, sound insulation, and conservation of energy). The
whole or part of the building may therefore need to be upgraded
to make it comply with the specified requirements.
(k)(i) If I want to convert my home into an office, will the Building
Regulations apply?
NO – the regulations do not define this particular change of
use as ‘material’. However, if your proposed project involves
work which will affect the structure of the building, the means
of escape and other fire precautions, or affect the access to and
use of buildings, the regulations will regard your work as a
‘material alteration’ (and therefore ‘Building Work’) which must
then comply with the regulations (see also question (g)). You
should also check with the local Fire Authority, usually the
County Council, to see what ‘on-going’ fire precautions legislation
(such as the Fire Precautions Act 1971 and/or the Fire Precautions
(Workplace) Regulations 1997) will apply when the building is in use.
(k)(ii) If I want to convert my home into a shop, will the Building
Regulations apply?
YES – the regulations define this as a ‘material change of use’
and specify the requirements with which, as a result of that
change of use, the building, or the relevant part of the building,
must comply. The specific requirements include those concerned
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4 with escape and other fire precautions, hygiene, conservation
of energy, and access to and use of buildings. The building may
therefore need to be upgraded to make it comply with the
specified requirements. You should also check with the local Fire
Authority, usually the County Council, to see what ‘on-going’ fire
precautions legislation (such as the Fire Precautions Act 1971
and/or the Fire Precautions (Workplace) Regulations 1997) will
apply when the building is in use.
(l) If I want to convert part or all of my shop, office or any other
type of non-domestic building into a flat or any other type of
home, will the Building Regulations apply?
YES – the regulations define this as a ‘material change of use’
and specify the requirements with which, as a result of that
change of use, the whole or part of the building must comply
(e.g. those concerned with escape and other fire precautions,
hygiene, sound insulation, and conservation of energy). The whole,
or at least part, of the building may therefore need to be upgraded
to make it comply with the specified requirements.
(m) If I want to install, alter or replace my shop front, will the
Building Regulations apply?
YES – because of the likely affect on the structure, escape and
other fire precautions, and access to and use of buildings, this type
of project is likely to be regarded as a ‘material alteration’ (see also
question (g)), and therefore ‘Building Work’. The appropriate
requirements will be applied so as to ensure, for example, that
these aspects are addressed together with others such as the
safety of the glazing. However, shop display windows do not
have to comply with the energy efficiency requirements.
(n) If I want to build or alter a garden wall or boundary wall, will
the Building Regulations apply?
NO – but you should, of course, make sure that the work is
done safely to avoid accidents (see paragraph 3.8). In Inner
London there are regulations about walls and you should make
enquiries at your London Borough before building a wall over
2m high. A free leaflet is available on the safe construction of free
standing walls (see Annex B: ‘Sources of information’).
(o) If I want to insert insulation into a cavity wall, will the Building
Regulations apply?
YES – the regulations specifically define this as ‘Building Work’.
The appropriate requirements will be applied so as to ensure
the insulation material is suitable for the wall construction, and
that in the case of some foam insulants the risk of formaldehyde
gas emission is assessed.
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4 (p) If I want to underpin all or part of the foundations to my
building, will the Building Regulations apply?
YES – the regulations specifically define this as ‘Building Work’.
The appropriate requirements will be applied so as to ensure
that the underpinning will stabilise the movement of the building.
Particular regard will need to be given to the effect on any
sewers and drains near the work (see paragraph 3.3).
(q) If I want to install or replace electric wiring, will the Building
Regulations apply?
NO – but:
. your contract with the electricity distribution company has
conditions about safety which must not be broken. In
particular, you should not interfere with the distribution
company’s equipment which includes the cables to your
consumer unit or the cables up to and including the
separate main isolator switch if provided; and
. electrical work should be acceptably safe whoever undertakes
it. This can be achieved by following the recommendations
for design, installation, inspection, testing and certification in
‘Requirements for Electrical Installations – IEE Wiring Regulations’
(BS 7671) (see Annex B: ‘Sources of information’).
(r) If I want to install fittings such as a WC, shower, washbasin, or
kitchen sink within my home, or any other type of building,
will the Building Regulations apply?
YES – if the installation of the fitting or fittings will involve
alterations to, or new connections to, a drainage stack or an
underground drain. You should also check with your Building
Control Service to find out how much information is required
about the fittings you intend to use.
NO – provided the work only involves installing an additional
fitting or fittings in the same or a new location which does not
involve extensions to the drainage pipework.
(s) If I want to install or replace a hot water cylinder, will the
Building Regulations apply?
YES – if you are installing or replacing a hot water cylinder
within an unvented hot water storage system (i.e. a system supplied
directly from the water mains with no open-ended pipe for
venting and with a storage capacity greater than 15 litres). The
requirements are for hot water to be safely stored under pressure
and for the installation to be energy efficient. The cylinder should
be installed by a person competent to do so. A free leaflet is
available on ‘Unvented hot water storage’ (see Annex B: ‘Sources
of information’).
YES – if you are installing or replacing a hot water cylinder
within a vented hot water storage system (i.e. a system fed from
an open-ended pipe for venting). The requirements are for the
installation to be energy efficient.
For either type of system your installer should leave you with a completed
installation record and commissioning certificate such as the one produced by
the BENCHMARK scheme. Some manufacturers attach BENCHMARK
certificates to cylinders ready for installers to complete.
(t) If I want to lay new drains and/or install a septic tank within the
boundary of my property, will the Building Regulations apply?
YES – they will apply to new rainwater or foul drains inside as
well as outside the building. The Building Regulations also apply
to all non-mains foul sewerage arrangements (i.e. those using
septic tanks), including their outlets and drainage fields. (See also
paragraph 3.3 which refers to proposed building work close to
or on top of drains).
Except in an emergency, your local authority should be given at least 24 hours
notice of any intention to repair any underground drain (section 61 of the
Building Act 1984).27
28
4 (u) If I want to install, replace or alter the position of any type of
fuel burning appliance (including a gas boiler with a flue), will
the Building Regulations apply?
. All Gas appliances: YES and the Gas Safety (Installation and
Use) Regulations will also apply – but if you employ a CORGI
(Council for Registered Gas Installers – approved under these
regulations) registered installer with the relevant competencies
to carry out the work, you will not need to involve a Building
Control Service*.
. Solid fuel appliances: YES – but if the building is no more
than three storeys and you employ an installer registered
with HETAS (Heating Equipment Testing and Approval Scheme)
to carry out the work, you will not need to involve a Building
Control Service*.
. Oil appliances: YES – but if the building is no more than
three storeys and you employ an installer registered with
OFTEC (Oil Firing Technical Association for the Petroleum
Industry) to carry out the work, you will not need to
involve a Building Control Service*.
In general, but with certain limitations (e.g. relating to appliance
output and the height of the building), the above registered
installers may also carry out associated building work necessary
to ensure that the appliance complies with the Building Regulations,
without involving a Building Control Service*. This may include
work on a hearth, fireplace or flue.
The fuel burning appliance installer should provide you with information about
the safety performance limits of the installation and, in cases where the hearth,
fireplace, flue and chimney are intended as permanent features of the building
that might need alteration in the future, should also fix a notice plate in a place
where it will be readily seen – eg. adjacent to the mains water stop cock or
adjacent to the electricity consumer unit. This is so that someone who comes
to re-use these features in the future knows their performance limits, for example
if they are changing the appliance. Notice Plates are not required however,
* See paragraph 4.2(i)
where room-sealed balanced-flue appliances have been installed, since their
composite flue outlet and air intake ducts are dedicated to specific appliance
ranges rather than wider use.
If you are having a boiler installed, your installer should leave you with a
completed installation record; a commissioning certificate such as the one
produced by the BENCHMARK scheme; and a User Instruction Manual.
(v) If I want to install a fixed, flueless, gas appliance such as a
cooker or fire, will the Building Regulations apply?
YES – but if you employ a CORGI (Council for Registered Gas
Installers) registered installer with the relevant competencies to carry
out the work, you will not need to involve a Building Control Service*.
Adequate means of ventilation must be available for dispersing to the
outside air, the water vapour and other products of combustion
produced by the appliance which can affect health.To achieve this
the installer should follow the appliance manufacturer’s instructions
or take other steps such as following the guidance in ‘Installation
and Maintenance of Flues and Ventilation for Gas Appliances (etc)’
(BS 5440) (see Annex B: 'Sources of information').
29 * See paragraph 4.2(i)
30
4 The Health and Safety Executive (HSE) provide two free leaflets on the hazards
posed by domestic combustion appliances and how these can be safely managed
– ‘Gas appliances. Get them checked – keep them safe’ and ‘Landlords: A guide
to landlord’s duties’ (see Annex B: ‘Sources of information’).
(w) If I want to alter in any way the construction of fireplaces,
hearths or flues, or to repair them in any way which could
affect their safe operation and containment of heat, will the
Building Regulations apply?
YES – if the work involves the provision of a new or replacement
flue or flue liner, or the provision of a new or replacement hearth,
fireplace or chimney. But see also question (u) above regarding
building work which is a necessary part of installing a new fuel
burning appliance.
NO – if the work amounts to no more than alterations to
fireplaces, hearths, flues and chimneys it may not be subject to
the Building Regulations. However, this type of work should
always take account of the guidance in Approved Document J
(‘Combustion appliances and fuel storage systems’). It is vital that
flues should operate efficiently, and that risks of the building
catching fire or of people suffering burns should be minimised.
(x) If I want to install or replace an oil or liquid petroleum gas
(LPG) tank (and/or connecting pipework) outside my home,
will the Building Regulations apply?
YES – if the installation is above ground the requirements will
be applied to achieve adequate shielding of the tank from any
surrounding fire and, in the case of an oil tank, containment of
oil leakages so that ground water is not contaminated. Where
new oil connecting pipework is proposed, a fire valve will be
needed at the point where the pipe enters the building. If you
are installing an oil tank and/or connecting pipework and you
employ an installer registered with OFTEC (Oil Firing Technical
Association for the Petroleum Industry), you will not need to
involve a Building Control Service*.
* See paragraph 4.2(i)
Section 5
The two types of Building
Control Service
5.1 If your work amounts to ‘Building Work’ (see paragraphs 3.1
and 3.2) it will be subject to, and must comply with, the Building
Regulations. To help you achieve compliance with the
regulations, you are required to use one of two types of Building
Control Service:
. your local authority Building Control Service; or
. an approved inspector’s Building Control Service.
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32
5 5.2 As explained in paragraph 4.2(i), if your building work consists
only of the installation of certain types of services or fittings
(e.g. some types of drain, fuel burning appliances, replacement
windows, WCs, and showers) and you employ an installer
registered with a relevant scheme designated in the Building
Regulations, you will not need to involve a Building Control
Service. However, this concession is strictly limited to the
specific type of installation described and does not cover any
other type of building work.
5.3 You can contact your local authority Building Control Service
through your district or borough council. Approved inspectors are
private sector companies or practitioners and are approved for
the purpose of carrying out the Building Control Service as an
alternative to your local authority. Approved inspectors can provide
a service in connection with most sorts of building project
involving new buildings or work to existing buildings, including
extensions or alterations to homes. For insurance reasons most
approved inspectors cannot currently deal with projects involving
building new houses, or flats for sale or private renting. Most
approved inspectors belong to the Association of Consultant
Approved Inspectors who can provide a list of members (see
Annex B: ‘Sources of information’).
5.4 If you are employing a builder to do your work you should be
clear from the outset whether they are taking responsibility for
ensuring that the building work complies with the Building
Regulations, and also whether they are taking responsibility for
liaising with the Building Control Service you have decided to
use (see also paragraph 2.10). In addition, you should bear in
mind that your building work may require planning permission.
You will need to check the position; and if you do require
permission you will need to be clear whether you, your builder
or designer are taking responsibility for obtaining it. Some types of
building development may also be subject to other types of
statutory requirements and consents (see paragraph 1.3).
YOUR LOCAL AUTHORITY BUILDING
CONTROL SERVICE
5.5 Depending upon the scale and type of work involved you may
have the option of following one of two different procedures
available within this service:
. the deposit of a full plans application; or
. the giving of a building notice (except for certain types of
building work – primarily in respect of fire safety issues
where a building is used as a workplace or where it may
affect a drain).
What are the differences between the full plans
application procedure and the building notice
procedure? What might influence my choice?
A full plans application:
5.6 An application deposited under this procedure needs to contain
plans and other information showing all construction details,
preferably well in advance of when work is to start on site. Your
local authority will check your plans and consult any appropriate
authorities (e.g. fire and sewerage). They must complete the
procedure by issuing you with a decision within five weeks or, if
you agree, a maximum of two months from the date of deposit.
5.7 If your plans comply with the Building Regulations you will receive
a notice stating that they have been approved. If your local
authority is 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 with your authority. Your local authority may only
apply conditions if you have either requested them to do so or
34
5 have consented to them doing so. A request or consent must
be made in writing. If your plans are rejected the reasons will be
stated in the notice.
5.8 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 – e.g. in connection with
foundations, damp proof courses and drains. In addition, if you
request one when you first make your application, the local
authority will issue you with a completion certificate provided
they are content that the completed work complies with the
Building Regulations (see paragraph 5.22).
5.9 A further point to bear in mind is that, if a disagreement arises
with your local authority, the ‘full plans’ procedure enables you
to ask for a ‘determination’ from (in England) the Office of the
Deputy Prime Minister or (in Wales) the Welsh Assembly
Government about whether your plans do or do not comply
with the Building Regulations (see paragraph 5.19).
The Building Notice procedure:
5.10 This procedure does not involve the passing or rejecting of
plans. It therefore avoids the preparation of detailed ‘full plans’,
and is designed to enable some types of building work to get
under way quickly; although it is perhaps best suited to small
work. There are also specific exclusions in the regulations as to
when building notices cannot be used. These are for building
work which is subject to section 1 of the Fire Precautions Act
1971 or Part II of the Fire Precautions (Workplace) Regulations
1997; for work which will be built close to or over the top of
rain water and foul drains shown on the ‘map of sewers’ (see
paragraph 3.3); and where a new building will front onto a
private street. If you decide to use this procedure you need to
be confident that the work will comply with the Building Regulations
or you will risk having to correct any work you carry out if your
local authority requests this. In this respect you do not have the
protection provided by the approval of ‘full plans’.
5.11 Once you have given your ‘building notice’ and informed your
local authority that you are about to start work, the work will
be inspected as it progresses. You will be advised by the authority
if the work does not comply with the Building Regulations. If
before the start of work, or while work is in progress, your local
authority requires further information such as structural design
calculations or plans, you must supply the details requested.
5.12 A local authority is not required to issue a completion certificate
under the ‘building notice’ procedure; and because no ‘full plans’
are produced it is not possible to ask for a determination if your
local authority says your work does not comply with the
Building Regulations (see paragraph 5.19).
Do I have to pay for the local authority service?
5.13 Yes – a charge is payable to your local authority and will be subject
to VAT. Each authority is required to set their charges according
to the type of work involved and to publish them in a ‘scheme’35
36
5 which they will be able to make available to you on 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 use by
disabled people.
Is there any difference in cost between a Full Plans
application and a Building Notice procedure?
5.14 In general there should not be. This is because the Building (Local
Authority Charges) Regulations 1998 require that the ‘plan charge’
for the full plans application procedure, plus the subsequent
‘inspection charge’ made under this procedure, should equal
the ‘building notice charge’ (a charge which includes the cost
of inspection).
5.15 The ‘plan charge’ and ‘building notice charge’ are payable when
you deposit your full plans or give your notice respectively; and
the ‘inspection charge’ is payable after the first inspection has
taken place. Only one inspection charge is payable no matter
how many may be necessary. Your local authority will be able to
tell you the exact charges by referring to their scheme of charges.
When can I start work?
5.16 If you have deposited a ‘full plans’ application you will only receive
the full benefit and protection from this procedure if you wait
until you have received a notice of approval before starting your
work. However, if you choose to there is nothing to stop you
starting work once you have deposited your plans and given
your local authority 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.
5.17 If on the other hand you have chosen to use the ‘building notice’
procedure (see paragraphs 5.10 – 5.12), this procedure is specifically
designed to enable you to start work once you have given the
notice to your local authority followed by 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 can I do if a disagreement arises with my local
authority and/or my full plans are rejected?
5 5.18 If you are content to do so, the simplest way to proceed if your
plans are rejected may be to re-submit your ‘full plans’ application
with the local authority’s suggested amendments so that it can
give you a notice of approval. You will then have the benefit and
protection of having your full plans approved. You may not have
to pay any additional charge for this. Alternatively, there is nothing
to stop you starting work provided you give the necessary
‘commencement notice’ and ensure that your building work
complies with the Building Regulations. But you should bear in
mind that if it does not comply your local authority may take
enforcement action (see paragraphs 6.3 and 6.4).
5.19 However, if you believe that the plans you submitted do comply
with the Building Regulations and do not therefore want to
amend them because you disagree with your local authority’s
view, you can refer the matter (in England) to the Office of the
Deputy Prime Minister or (in Wales) to the Welsh Assembly
Government by asking for a determination as to whether or not
your proposals comply with particular requirements in the
regulations. You can ask for a determination before or after your
local authority gives a formal decision on your plans but can only
do so before the work has substantially started.
5.20 Alternatively, if you believe that a particular requirement of the
Building Regulations is too onerous or inappropriate to the
particular circumstances of the work, you can apply to your local
authority to relax or dispense with it. If your authority refuses your
application you could then appeal against this decision (in England)
to the Office of the Deputy Prime Minister or (in Wales) to the
Welsh Assembly Government within one month of the refusal.
5.21 The former DTLR in conjunction with the National Assembly
for Wales published ‘A Guide to Determinations and Appeals’ (see
Annex B: ‘Sources of information’) which sets out details of the
procedures involved.
Can I get a completion certificate when the building
work is finished?
5.22 Yes – provided the completed work complies with the Building
Regulations. Where full plans are submitted for work which is
also subject to section 1 of the Fire Precautions Act 1971 or
Part II of the Fire Precautions (Workplace) Regulations 1997 the
Local Authority must, if satisfied, issue you with a completion
certificate about compliance with the fire safety requirements
of the Building Regulations when the work is finished. In other
circumstances where full plans are submitted, you may ask to be
given a completion certificate when the work is finished, but you
must have made your request when you first submitted your plans.
The local authority is not however required to issue a completion
certificate when the building notice procedure has been used.
A completion certificate is evidence (but not conclusive evidence)
that the requirements specified in the certificate have been
complied with.
5 AN APPROVED INSPECTOR’S BUILDING
CONTROL SERVICE
5.23 When you use an approved inspector, they will take on
responsibility for plan checking and inspection of your building
work. The procedure requires you and the approved inspector
jointly to notify your local authority of your intended building
work on what is called 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
approved inspector.
5.24 An approved inspector 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; and
. issue a final certificate.
The approved inspector will tell you what plans and information
they need in order to check that the proposed work will comply
with the Building Regulations.
5.25 If you ask for one, the approved inspector will issue a plans
certificate which will confirm that the plans of your proposed
building work show compliance with the Building Regulations.
When the work is complete the approved inspector must issue
a final certificate to the local authority to say that the work
referred to in the initial notice is complete, and that the inspector
has carried out their inspection responsibilities. If the approved
inspector is not satisfied that the work complies, then they cannot
give the final certificate. If you are not prepared to change the
work the approved inspector will have to refer the matter to
the local authority (see paragraphs 5.28 and 6.2).
Do I have to pay for the services of the
approved inspector?
5.26 Yes – a fee will be payable which will be a matter for negotiation
between you and the inspector. It will be subject to VAT.
What can I do if the approved inspector is not satisfied
with my proposals or with my work in progress?
5.27 If the approved inspector is not satisfied with plans of your
work, the options available to you will be:
. to alter your plans according to the approved inspector’s advice;
. to ask for a determination (in England) from the Office of
the Deputy Prime Minister or (in Wales) from the Welsh
Assembly Government of any disagreement on the plans
arising between you and the approved inspector. (This is
similar to the procedure which would be open to you if
you were using the Building Control Service of your local
authority and as explained in paragraph 5.19);
41
42
5 . to apply to your local authority for a relaxation or a
dispensation of a requirement of the Building Regulations
and, in the event of a refusal by your authority, appeal (in
England) to the Office of the Deputy Prime Minster or (in
Wales) to the Welsh Assembly Government. (This is the
same procedure as would be open to you if you were using
the Building Control Service of your local authority and as
explained in paragraph 5.20).
5.28 If the approved inspector is not satisfied with work in progress
on site, and you cannot resolve the disagreement by discussion,
the inspector will have to cancel the initial notice by a notice to
the local authority. This will terminate the inspector’s building
control responsibility for your project. In these circumstances the
Building Control Service function is likely to have to revert to
your local authority. Thereafter your authority may ask for plans
and, if necessary, require the uncovering of work to enable them
to reach a view on the compliance of your work so far, and on
what changes are needed. They will charge you what is called a
‘reversion charge’ to cover the cost of their on-going Building
Control Service.
When can I start work?
5.29 Subject to any arrangements you have agreed with your approved
inspector, you may start work as soon as the initial notice is
accepted by your local authority.Work cannot start if the initial
notice is rejected. But if the notice has not been validly rejected
by your authority within five days of being given, then it is treated
as having been accepted.
6 Section 6
Contravention and
enforcement of the
Building Regulations
WHAT HAPPENS IF I CONTRAVENE THE
BUILDING REGULATIONS?
6.1 The Building Regulations can be contravened by not following
the building control procedures they set out for handling your
building work, and/or by carrying out building work which does
not comply with the requirements contained in the Building
Regulations. The local authority has a general duty to enforce the
Building Regulations in its area and will seek to do so by informal
means wherever possible. This duty extends to and forms a part
of its function when it is carrying out the Building Control Service.
6.2 Where an approved inspector is providing the Building Control
Service, the responsibility for checking that the Building Regulations
are complied with during the course of your building work will
lie with that inspector. In the main, they will do this by advising
you as explained in paragraph 5.24. However, approved inspectors
do not have enforcement powers. Instead, the regulations provide
that in a situation where they consider your building work does
not comply with the Building Regulations they will not issue you
with a final certificate and in addition will cancel the initial notice
by notifying your local authority (see paragraph 5.28). If no
other approved inspector takes on the work, the Building
Control Service will automatically be taken on by your local
authority. From this point on your local authority will also have
enforcement powers to require you to alter your work, if they
consider this necessary.
6.3 If a person carrying out building work contravenes the Building
Regulations, the local authority or another person may decide to
take them to the magistrates’ court where they could be fined up
to £5000 for the contravention, and £50 for each day the
contravention continues (section 35 of the Building Act 1984).
This action will usually be taken against the builder or main
contractor, although proceedings must be taken within 6 months
of the offence (section 127 of the Magistrates’ Courts Act 1980).
Alternatively, or in addition, the local authority may serve an
enforcement notice on the owner requiring them to alter or
remove work which contravenes the regulations (section 36 of
the 1984 Act). If the owner does not comply with the notice
the local authority has the power to undertake the work itself
and recover the costs of doing so from the owner.
46
6 6.4 Although an enforcement notice cannot be served on you after
the expiration of 12 months from the date of completion of the
building work, this does not affect a local authority’s (or any
other person’s) right to apply to the Courts for an injunction for
the same purpose. You also cannot be served an enforcement
notice by the local authority if the work which you have carried
out is in accordance with your plans which the authority approved
or failed to reject within the statutory time of five weeks (or
two months with your agreement) from deposit of the plans
(see paragraph 5.6).
6.5 You should however bear in mind that if the local authority
considers that building work carried out does not comply with
the Building Regulations and it is not rectified, this may come to
light through a local land search enquiry when you wish to sell
your property.
WHAT HAPPENS IF I DISAGREE WITH THE
LOCAL AUTHORITY’S ENFORCEMENT NOTICE?
6.6 Normally the enforcement notice will give you 28 days to rectify
the building work. If you wish to contest the notice on the
grounds that you believe your building work does comply with
the Building Regulations, you have the following options:
(i) to advise your local authority that you wish to obtain a
written report from a suitably qualified person about the
compliance of your work (section 37 of the Building Act
1984) with a view to persuading the authority to withdraw
the notice. In this event the 28 day period to rectify the
building work is extended to 70 days.
(ii) to appeal against the notice in the magistrates’ court and
demonstrate there that your building work complies (section
40 of the Building Act 1984). This option can be used either
as an alternative to (i), or if proceedings under (i) have been
unsuccessful. You must make your appeal within 28 days of
receiving the notice, or within 70 days if you have used