How to apply for building regulations for a self-build?

In England, Wales and Northern Ireland, it is possible to make a Full Plans application or issue what is known as a Building Notice. However, the use of Building Notices should be restricted to very minor work, such as septic tanks and new door openings. The NHBC is authorised to administer the Building Regulations for new homes and specific conversions. Still, most self-builders prefer to make a separate application to the Building Control Department of their local authority.

A Full Plans Building Regulations application must be accompanied by a plan deposit charge, and the application is not validly deposited until the correct fee is paid. The charge for the inspection stage is normally sent after the first site inspection has been made. After validation, the local authority has five weeks to process and determine the application, unless it is extended to two calendar months. In practice, many applications cannot be determined within the statutory period. For minor omissions, or certain aspects that may not yet be determinable, the application may be approved subject to conditions. If there are fundamental flaws in the design, e.g., inadequate means of escape in the event of a fire, the application may be rejected. No fee is payable for the resubmission of a substantially identical scheme.

A rejection does not prevent work from commencing on site, as the legislation is worded to require an application for Building Regulations approval or the issuance of a Building Notice before work begins. This means that, as long as 48 hours' notice in writing is given of your intention to start work on a site, following an application for Building Regulations approval or the issuing of a Building Notice. There is nothing to stop you doing so (except in the case of a new dwelling where a SAP calculation must be provided a minimum of one day before commencement). The building, however, still needs to be inspected and approved as it progresses, and the building surveyors will therefore come along to inspect at the relevant stages.

If they approve the work, you can then proceed to the next stage in the normal way. If they do not endorse or cannot sanction your actions, then you should stop until either approval is granted or the necessary information is received that will allow them to agree to your continued work. Effectively, this means that although you will be advised that by working prior to the formal approval of the plans you are proceeding at risk, so long as you do not go beyond that which the building surveyor has agreed and approved on site, you aren't really in any different position to the person who already has Building Regulations approval.

Suppose the building work is not commenced within three years. In that case, the plans will be declared to be of no effect by the issue of a 'Section 32 notice' If the application is not determined within the statutory time limit, you can apply for a refund of a portion of the fees. As of October 2010, Local Authorities may make supplementary charges for 'innovative or high-risk construction' techniques are to be used. In Scotland, the approval is referred to as a Warrant, and there is no facility for making the application and then commencing work. An application for the Building Warrant must be made, accompanied by the full fees, and no work may commence until it is granted. There is no facility for a refund if the building is not started.

We always say it’s best to speak to an expert so you can fully understand any conditions and requirements. At Mayflower Mortgage, we can assign you a dedicated advisor from the very start of your project, right through to completion, so you’ve got someone there to ask your questions and help break anything down. Ready to find out more? Book in for a FREE, no-obligation call with our expert team today to see how we can help.