Do I Need Building Regulation Approval?

The following are some of the more commonly asked questions:

New building:

1. 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 relevant requirements in the regulations will apply in full.

Extension:

YES - but a porch or conservatory built at ground level and under 30mē in internal floor area and is separated from the dwelling by an external grade door or window 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).

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.

(Please note: Electrical installations to a porch or conservatory may require and application for Building Regulation Approval, please see notes on electrics below)

Wall:

3. Do I need approval to build or alter a garden wall or boundary wall?
No - But, of course, you should make sure that the work is done safely to avoid accidents.

Garage:

YES - but a carport extension, open on at least two sides and under 30mē 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).

Garage:

NO - the building will be exempt from the regulations but only providing it is:

. under 30mē 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 other property.

(Please note: Electrical installations to the garage may require an application for Building Regulation Approval, please see notes on electrics below)

Loft:

YES - The relevant 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 is ensured; and safely designed stairs to the new floor are installed. Any room (including a store room) formed in a loft requires Building Regulation Approval.

Windows:

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 Building Control.

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.

Repairs:

8. 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 a broken roofing tile; 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; installing a new flue or flue liner; re-roofing a tile or slate roof or re-felting a flat roof; or re-plastering or rendering/re-rendering a external wall.

Conversion:

9. 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, sound insulation, etc). The whole or part of the building may therefore need to be up-graded to make it comply with the specified requirements.

Conversion:

10. 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, sound insulation, etc). The whole, or at least part, of the building may therefore need to be upgraded to make it comply with the specified requirements.

Alterations:

11. 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);
• means of escape or other fire precautions either inside or outside the building;
• access or facilities for disabled people.

On the assumption that the regulations do apply, all the work involved in the alteration must comply with all the appropriate requirements.

Alterations:

YES - because of the likely affect on the structure, escape and other fire precautions, and access and facilities for disabled people, this type of project is likely to be regarded as a 'material alteration', and therefore 'Building Work'.

Cavity Insulation:

13. 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 requirements will be applied so as to ensure the insulation material is suitable for the wall construction, etc. Your installer will submit the Notice to the Local Authority on your behalf.

Underpinning:

14. 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 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.

Plumbing:

YES - if the installation of the fittings involve alterations to, or new connections to, a drainage stack or an underground drain.

NO - provided the work only involves installing an additional fittings in the same or a new location, which does not involve extensions to the drainage pipework.

Plumbing:

YES - if you are installing or replacing a hot water cylinder within an unvented hot water storage system. The requirements are for hot water to be safely stored under pressure and for the installation to be energy efficient. A registered person competent to do so should install the cylinder.

YES - if you are installing or replacing a hot water cylinder within a vented hot water storage system. The requirements are for the installation to be energy efficient. If you employ an installer registered with the Institute of Plumbing for a vented system, you will not need to involve Building Control.

For either type of system your installer should leave you with a completed installation record, commissioning certificate and manual.

Drainage:

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.

Heating Appliance:

18. 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 - but if you employ a CORGI registered installer with the relevant competencies to carry out the work, you will not need to involve Building Control.

Solid fuel appliances: YES - but if the building is no more than three storeys and you employ an installer registered with HETAS to carry out the work, you will not need to involve Building Control.

Oil appliances: YES - but if under 45 KW and the building is no more than three storeys and you employ an installer registered with OFTEC to carry out the work, you will not need to involve Building Control.

The fuel burning appliance installer should provide you with information about the safety performance limits of the installation and should also fix a notice plate in a place where it will be readily seen - e.g. adjacent to the mains water stop cock or adjacent to the electricity consumer unit.

If you are having a boiler installed, your installer should leave you with a completed installation record; and a commissioning certificate.

Heating Appliance:

YES - but if you employ a CORGI registered installer with the relevant competencies to carry out the work, you will not need to involve Building Control.

Heating Appliance:

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.

Electrics:

21. If I want to install or replace electric wiring, will the Building Regulations apply?

Yes - the Building Regulations apply to all electrical work in dwellings. Electrical work involving fixed wiring and appliances should be acceptably safe whoever undertakes the work. 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).

Electrics:

22. Do I have to tell my Building Control Service about all electrical work that I intend to carry out?

No - you only need to tell your Building Control Service about certain riskier, 'notifiable' jobs, but if you employ a registered installer with the relevant competencies to carry out the work, you will not need to involve a Building Control Service. (See list below for a list of registration schemes for electrical work.) Notifiable works include new circuits back to the consumer unit and additions or alterations to existing circuits in kitchens, bathrooms and outdoors. Works that are not notifiable include repairs, replacements and maintenance; and additions or alterations to existing circuits outside kitchens and bathrooms. If you are not sure whether work is notifiable, you should check with your Local Authority Building Control Service.

Electrics:

23. Can I find out if an installer is registered to do electrical work?

Yes - phone the registration scheme operators listed below or visit their websites.

Electrics:

24. Will I get a certificate that the electrical work meets the requirements of the Building Regulations?

Yes - a qualified installer should give you a signed BS 7671 electrical safety certificate for all types of electrical work. If you use a registered installer for notifiable work, the operator of the registration scheme will send you a Building Regulations compliance certificate. If you use an unregistered installer for notifiable work, the Building Control Service will issue a completion certificate.
Schemes of registered installers

Authorised competent person self-certification schemes for installers who can do all electrical installation work in dwellings.

BRE Certification Ltd
Phone: 0870 609 6093
Website: http://www.partp.co.uk/

British Standards Institution
Phone: 01442 230442
Website: www.bsi-global.com/kitemark  

ELECSA Limited
Phone: 0870 749 0080
Website: http://www.elecsa.org.uk/

NAPIT Certification Limited
Phone: 0870 444 1392
Website: http://www.napit.org.uk/

NICEIC Certification Services Ltd
Phone: 0800 013 0900
Website: http://www.niceic.org.uk/