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Tuesday , November , 21 2017

Building regulations

Building Regulations are set by the Government to protect the health and safety of people in and out of buildings, to promote energy saving and to make sure building works provide enough access and facilities for workers.

Is Building Regulation approval the same as planning permission?

No Building Regulation (BR) approval is entirely separate from the process of obtaining planning permission, which may be required for domestic work regardless of whether the scheme is controllable or exempt under the Building Regulations.

Do Building Regulations apply?

The majority of domestic work which requires Building Regulations approval, falls into the following categories:

The erection of a new building or the extension of an existing building for example, a kitchen extension or loft conversion. (Some "extensions" are exempt from the Building Regulations.)

Structural alterations to an existing building. Examples would include underpinning, formation of a through lounge or partial removal of chimney breasts.

Changing the use of an existing building such as converting a house to flats.

The provision of new drainage or the extension or alteration of drainage facilities for example, providing a toilet under the stairs.

Should you be in any doubt as to whether your proposals require consent, please do not hesitate to contact us on 01228 817184.

  Building Regulations FAQ

What is the difference between Full Plans Applications and Building Notices?

Full Plans Applications

Prior to the commencement of work on site, you will need to submit two copies of plans showing full constructional details of the proposed scheme together with the completed form and appropriate charge. Unless you have a thorough working knowledge of the regulations and building construction in general it is best to seek professional advice in this regard.

Your application will be checked by one of the Building Control Surveyors and if the plans show compliance with the regulations they will be approved. Should amendments or further information be required, you will be asked to submit revised details in order that your scheme may be approved.

There is a statutory time limit of five weeks (extendable to two months with agreement) in which to determine your application, although the aim will always be to process your submission as quickly as possible.

Site inspections will be made when work proceeds but with the Full Plans approach you have the assurance that providing the work is carried out in accordance with the approved plans the regulations will be satisfied.
Building Notices

If you choose this option, no detailed plans are required as the emphasis is on site supervision. You simply need to fill out a form advising Carlisle City Council of your intention to carry out building work and supply the appropriate charge. The Building Notice is particularly suited to simple domestic schemes such as internal alterations and small extensions. Plans/details may be requested in some situations (e.g. structural calculations for loft conversions/through rooms etc.) but only when absolutely necessary.

Without plans there is no detailed check of the work before it is carried out and therefore no official decision notice is issued. Whilst the Building Control Surveyor will try to anticipate potential problems it is ultimately the responsibility of the person carrying out the work to ensure that the requirements of the regulations are satisfied.
Regularisation

A regularisation application can be submitted in cases where building works have been undertaken after the 11th November 1985 without Building Regulation approval having been applied for. In these circumstances you can now apply to building control to regularise the situation and obtain a Regularisation Certificate. It is now very common for such contraventions to come to light during the house sales search process. This can cause problems for the house seller not able to supply the buyers with the appropriate approval notice and/or completion certificate. We cannot regularise situations prior to the above date. An owner is under no obligation to submit an application and equally, the council are under no obligation to accept an application.

As in most cases the work will have been completed and some opening up work may be required, it is the owner’s responsibility to arrange for this work to be carried out to allow Building Control to determine Building Regulations compliance has been achieved. Work not complying with the Building Regulations needs to be corrected by the owner. The owner must be willing to comply with all such reasonable requests for opening up and remedial work to achieve Building Regulation compliance. If the owner refuses to undertake work the regularisation procedure is ended, no charges paid will be refunded and no ‘Regularisation Certificate’ will be issued. Once Building Control are satisfied that the requirements of the Building Regulations have been achieved we will issue a ‘Regularisation Certificate’.

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