DO I NEED APPROVAL?

Q. - Do I need approval to insert cavity wall insulation?
A. - Yes.  However the majority of Installers will submit this on your behalf.

Q. - Do I need approval to build an extension to my house?
A. - Yes, but a proch or conservatory built at ground level and under 30m2 in floor area is exempt.

To qualify as exempt, a conservatory must have a roof which is transparent or translucent and walls which are at least 50% glazed.  For both a porch and conservatory to be exempt from control under the regulations they cannot be open plan to the existing dwelling, i.e. they must be entered from the house by a door which encloses the new extension.

Q. - Do I need approval for a loft conversion?

A. - Yes

Q. - Do I need approval for a loft conversion?
A. - No, if the repairs are of a minor nature and you are replacing like for like. This includes replacing the felt to a flat roof, repointing, and replacing a small area of brickwork. Yes, if the repair consists of removing a major part of a wall and rebuilding it. In the case of re-roofing, if the tiles are the same type then no approval is needed. If the new tiling or roofing material differs from that than the existing materials then an approval under the Building regulations may be required.

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Q. - Do I need approval to make internal alterations within my house?
A. - Yes, if the alterations are of a structural nature such as the removal or part removal of a load-bearing construction - for example, a wall, partition, joist, beam or chimney breast. You also need approval if, in altering a three-storey house, work is necessary to maintain the means of escape in case of fire.

Q. - Do I need approval to install fittings and appliances within my house?
A. -
  1. To install or alter the postionion of a WC, bath, etc?  No, unless the work involves new drainage or plumbing
  2. To install or alter the position of a heating appliance?
    i)    Gas. - Yes, unless the appliance is to be installed by a person, or an employee of a person, approved in accordance with regulation 3 of the 'The Gas Safety (Installation and Use) Regulation 1984'.
    ii)   Solid Fuel - Yes, unless the installer is registered for Companies and Engineers involved in the installation and maintenance of domestic solid fuel fired equipment by HETAS in respect to that type of work.
    iii)  Oil - Yes, unless the installer is registered under the Oil Firing Registration Scheme by the Oil Firing Technical Installation for the Petroleum Industry Limited in respect of that type of work.
  3. To install hot water storage?  Yes, if the system is un-vented (under direct mans pressure), unless the installer is registered under the approved contractors scheme persons scheme (Building Regulations) by the Institute of Plumbing in respect to that type of work.

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Q. - Do my neighbours have the right to object to what is proposed in my Building Regulations application?
A. - No. While there is no requirement in the Building Regulations for you to consult your neighbours, it may be courteous to do so. Objections may be raised under other legislation, particularly if your proposal is subject to approval under the Town and Country Planning Acts. Your attention is also drawn to the Section on this Web site that related to the Party Wall Act, where a person responsible for building within a certain distance of your boundary will need to seek agreement in writing prior to commencing works.

Q. - Do I have to pay anything for the service?
A. - Yes. A charge is payable to the local authority unless the work is exempt.

Q. - Is there any difference in cost between a Full Plans application and a Building Notice?
A. - No. With one or two exceptions a Full Plans application involves a two-stage payment, one when you submit your plans (Plan Charge) and one following first inspection on site (Inspection Charge). If a Building Notice is given the 'building notice charge' is payable when the building notice is given and is the sum of the plan charge and inspection charge.

Q. - What will the local authority do?
A. - If you use the Full Plans procedure, the local authority will check your plans and consult appropriate authorities (such as fire and water companies). If your plans comply, you or your agent will receive a notice that they have been passed. If the local authority is not satisfied, you may be asked to make amendments or provide more details. Alternatively, a conditional approval may be issued. If your plans are rejected, the reasons will be stated in the notice.

If you use the Building Notice procedure, as with Full Plans applications, the work will normally be inspected as it proceeds; but you will not receive any notice indicating whether your proposal has been passed or rejected. If, before commencement or while work is in progress, the local authority requires further information such as structural design calculations of plans, you must supply the details requested.

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Q. - What can I do if my plans are rejected?
A. - You can resubmit them with amendments to make them comply with Building Regulations. In order to re-submit after a rejection notice has been issued, you will be required to submit plans that will clarify any outstanding matters and provided that the issues can be resolved, an approval notice will be issued. Please note that there is no charge for the resubmission of plans.

If you think the decision to reject is not justified, you can refer the matter to Office of the Deputy Prime Minister (ODPM) for determination. But note that you must apply for a determination before the work, which is in dispute, has commenced.

Where there is a mandatory requirement you may ask the local authority to relax it if you think that is justified. If they refuse, you may appeal to the ODPM within one month of their refusal. A charge is payable for determinations but not for appeals. The charge is half the Plan Charge, subject to a minimum of £50 and a maximum of £500 payable to the ODPM.

Q. - What happens if I do work without approval?
A. - The local authority has to see that building work complies with the Regulations. If the work does not comply, you may be asked to alter or remove it. If you fail to do this, the local authority may serve a notice requiring you to do so.

Q. - What happens if I disagree with the notice?
A. - Normally the notice will give you 28 days to rectify the work. You can seek advice from a suitably qualified person and if you tell the local authority you intend to do this, the 28 day period is extended to 70 days. If the report you get from this person causes the local authority to withdraw the notice, the local authority may pay the expenses that you have incurred as a result of having been served with the notice. The local authority cannot serve a notice on you if the work that you have carried out is shown on the plans that the local authority approved or failed to reject within five weeks or two months if you agree, from deposit of the plans.

Q. - Are there penalties for contravening Building Regulations?
A. - Yes. If you contravene the Regulations by building without notifying the local authority or by carrying out work that does not comply, the local authority can commence proceedings that may lead to a fine. If you are convicted, you are liable to a penalty not exceeding £5,000 plus £50 for each day on which each individual contravention continues after you have been convicted

Q. - Is Building Regulation Approval the same as Plannng Permission
A. - No, The Building Regulations Approval is a completely different process

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Q. - Do I need approval to build or alter a garden wall or boundary wall

A. - No.

But, of course, you should make sure that the work is done safely to avoid accidents. A leaflet on safe construction of free standing walls is available from your Local Authority (There are different regulations in Inner London and you would be advised to make further enquiries of the London Borough where you live before starting work on building a wall over 2 metres high).

Your attention is drawn to the requirements of The Party Wall etc. Act 1996.

Q. - Do I need approval to build a garage extension to my house?
A. - Yes. - But a car port extension built at ground level, open on at least two sides and under 30m2 in floor area, is exempt

Q. - Do I need approval to build a detached garage
A. - But a single storey garage at ground level, under 30m2 in floor area is exempt provided either:

  1. it is built substantially of non-combustible material; or
  2. when built it has a clear space of 1 metre from any boundary of the property

Q. - Do I need approval to convert my house into flats
A. - Yes - even where construction work may not be necessary

Q. - Do I need approval to install or replace electric wiring?
A. - Possibly, but it depends on the extent of the replacement. Part P of the building regulations control electrical work on certain domestic works. A guide as to the extent of control can be downloaded by clicking this Wessex Guidance on Part P.

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