Who checks that building regulations are abided to in a self-build?

Building Regulations for self-buid homes or large renovations are usually administered by the Building Control department of the local authority, as they have a statutory obligation to enforce them and oversee their function within their boundaries, council boundaries. However, the government has also given other bodies, such as third-party warranty insurers and Architects with the appropriate professional indemnity insurance, authority to inspect and certify compliance under the Building Regulations.

In most local authorities, the Planning and Building Control departments are situated near each other and are usually grouped together as Technical Services. These are, however, separate departments that operate and derive their powers from separate Acts of Parliament. Although they can, and usually do, cooperate with each other, there is no certainty of this, and it is possible to fall between conflicting legislation and interpretations. This basically means that if planning says you may build something, it does not say that you can build something.

If you get express planning permission for something or it is implied that you have planning consent for, say, Permitted Development, then it does not absolve you from having to seek Building Regulations approval for that development separately. So what do you need to know as a self-builder?

When is building regulation approval required?

You require Building Regulations approval if you intend to carry out any of the following works:

• Erect a new building or extend an existing building (unless it is covered by the list of exemptions

• below and later).

• Make structural alterations to a building, including underpinning. In certain cases, introduce a change of use.

• Provide, extend or alter drainage facilities.

• Install a heat-producing appliance (except for gas appliances installed by persons approved under the Gas Safety)

• Install cavity insulation.

• Install an unvented hot-water storage system

• Electrical works to domestic premises. For full details, see sections 4, 5 & 6 of the principal regulations.

What are the inspection Stages?

The Building Surveyor can come along at any stage, but there are statutory stages beyond which you should not proceed without their approval. If work is carried on without inspection, the inspector can if they feel the need to see what has gone before, make you expose prior works. (After giving notice, you may cover up the area to be inspected after one working day has elapsed, starting at midnight on the day you give notice!) The normal stages are:

1. Prior to covering

2. Commencement of work

3. Excavations for foundations

4. Oversite

5. Drainage (foul/surface)

6. Structural members

7. Joists, roofs, steels etc

8. Completion (drainage tested at this stage) Completion certificate issued

When the building is completed, the inspector will, so long as everything has been done properly and all Conditions attached to the Approval have been discharged, issue a Completion Certificate. This is an important document that, alongside the Planning Permission, will be required when you sell the home. It will also be necessary to reclaim the VAT on a new build or conversion.

When is building regulation approval not required?

You do not need Building Regulations approval for any of the following works; however, if you are in any doubt, it is as well to contact the Building Control department for advice.

1. Perform specific tasks on the electrical wiring.

2. Install new sanitaryware, provided it doesn't involve new drainage or plumbing arrangements.

3. Carry out repairs as long as they are minor and replace like-for-like

4. In addition to the exclusions listed above, there are common types of building work that are exempt from the Regulations:

5. The erection of a detached single-storey building with a floor area of less than 30m2, so long as it does not contain any sleeping accommodation, no part of it is less than 1m from any boundary and it is constructed of non-combustible material.

6. The erection of any detached building not exceeding 15m, so long as there is no sleeping accommodation.

7. The extension of a building by a ground floor extension of (a) a conservatory, porch, covered yard or covered way, or (b) a carport open on at least two sides, so long as, in any of those cases, the floor area of the extension does not exceed 30m2

8. In the case of a conservatory or a wholly/partially glazed porch, the glazing has to satisfy the requirements of those parts of the Building Regulations dealing with glazing materials and protection and also not contravene Part L (Conservation of fuel & power). See Schedule 2 of the principal Regulations.

You may still need planning permission for any of these works. If there is any doubt, you should consult the planning department of your local authority. Which means, as always, it’s best to have an expert on your side. 

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 call with our expert team today to see how we can help.