Building Regulations Approval in England, Explained

From time to time, anyone wishing to construct a building in England will encounter the Building Regulations. Often confused with planning permission, the two sets of requirements are entirely separate and understanding the Regulations is helpful, particularly in avoiding unwelcome surprises on site.

What the Building Regulations cover

The Building Regulations are concerned with the minimum standards for the design and construction of buildings. These include such matters as whether a building is stable, safe and healthy, and accessible to all, and whether it provides adequate drainage and ventilation, and the efficient use of energy. These are addressed in a numbered part and supported by approved documents that provide practical guidance on how the requirements may be met.

Approved documents are provided for each part of the Building Regulations and may be referred to as the ‘routes’ to compliance. A designer is, however, free to adopt other solutions to meet the requirements as long as they are able to demonstrate that the requirements have, in fact, been met. It is common practice for designers to use the approved documents as the route to compliance as, in the main, these provide a clear and understood pathway to compliance.

Difference between Planning Permission and Building Regulations

Planning permission is concerned with issues of land use and the effect of development on the surrounding area, e.g. size and proximity to neighbours. Building Regulations relate to the internal layout of a building and how the building is constructed in order to ensure it is safe and healthy to use. It is possible for a building to be granted planning permission and for Building Regulations approval not to be required, or for a building to be granted Building Regulations approval and for planning permission not to be required.

What Work is Covered

There are a number of building works that are governed by the building regulations, some of which are; the construction of new buildings, extensions and modifications to existing buildings, new or altered drainage and central heating and hot water systems and ventilation. Certain building works, for example some domestic electrical works, have their own requirements and some work may be undertaken by a competent person. Exempt work includes some minor building works. Often it is not easy to identify whether work is exempt from building regulations, therefore it is good practice to check with the local building control body.

The Two Routes to Approval

In England, there are two routes towards building control approval. The first is through the local authority building control service. The second route is through a registered approved inspector, now more commonly known as a registered building control approver. Both can examine construction drawings and building plans, carry out inspections and issue the final approval. Owners and developers are free to choose the route that is most appropriate for their project, and the same route must be followed for the project from start to finish, unless formally replaced.

Full Plans and Building Notice

When making a submission as part of a local authority application, there are usually two options. The first is to submit detailed designs and specifications and request a check prior to work beginning (a full plans application). Upon receiving the check, the authority issues a decision, which provides a record of what has been accepted. The second option is to simply notify the authority of work about to commence (a building notice). This option is usually employed for small and uncomplicated work, and places greater onus on the builder to get things correct as the work progresses. There are also other restrictions on the types of building for which a building notice can be used.

Higher risk buildings are subject to a separate and more onerous regime, and people working on these should seek specific guidance.

What Happens During Construction

Approval does not end with a stamp on drawings. Building control officers/inspectors have to be satisfied that the work being carried out agrees with what was approved, and usually visit at key stages of construction to check this. The general stages of construction that are usually checked include the beginning, excavation of the foundations, concreting, the placing of the damp-proof course, and the installation of the drainage and structural elements and completion of the work. Notification at the right stages is important because work covered over may have to be uncovered for inspection. Keeping drawings on site, notifying changes, and asking questions normally prevents disputes.

Completion Certificates

When the conditions of a completion notice have been satisfied, the issuing authority will generally provide a completion certificate. These should be retained, as they will be required when the property is sold or when seeking related approvals. The absence of a completion certificate will lead to delays.

Working with Designers and Contractors

The requirements of the building regulations are complied with by the collaborative efforts of all project participants and should be addressed as part of the design and construction process. Where the client understands their responsibilities at the start of the process, it facilitates compliance with the building regulations.

A Reasonable Approach

The Building Regulations 2010 should be considered as setting minimum standards for building safety, health and wellness. Early involvement of the building control authority, combined with the use of building control as part of the design and construction process and the judicious use of inspections, will help satisfy the Building Regulations. Those in doubt as to the applicability of the Building Regulations to a particular project should consult the most up to date building regulations or a chartered building professional.