Frequently Asked Questions
What is the difference between Planning and Building Control?
Both services have different functions. Building Control ensures that work is carried out complies with current standards of health and safety. Planning ensures that any proposed development is designed to fit into its surroundings and environment.
Will I be charged for using the Building Control service?
YES, Charges depend on the type of work to be undertaken.
What if I decided not to make an application when one is required?
We would treat your actions and the building work as contravention's, this may result in your appearance in Court. Any such action would also be recorded on the official search for your property making it difficult for you to get a second mortgage or to sell the property.
Why are the charges for a Building Notice the same as for Full Plans Applications?
As no plan check is made, additional reliance is placed on the inspection stage of the process to ensure the Building Regulations are complied with. This translates into a requirement for either more inspections being necessary, or the inspections made taking longer than would be the case with a Full Plans application, hence the total cost is the same.
If I make a Building Notice application, will the Building Control Surveyor tell me how to carry out the work during his first visit?
No - while we are always willing offer help and advice you should not expect to use the B C S as a substitute for an Architect or designer. If you are not confident that you (or your builder) are fully conversant with the requirements of the regulations, then we would strongly advise that you do not use a Building Notice application.
Have my neighbours the right to object to my proposal under the Building Regulations?
No. Under the Building Regulations adjoining owners have no rights of objection.
Can anyone look at my plans?
No. Plans given as part of a Building Regulations application are not documents which the public have a right to view. We often however, receive requests for information from our archives. Subject to copyright and proof of legitimate interest the records can be examined in our offices but we do not allow them to be taken away. Research of archived records is time consuming and therefore we charge a fee for this service. For further information please contact our administration service. When requesting information from the archives please help us to help you by providing the full postal address of the property where the work was carried out and, if known, our application reference number. Remember it can take time to find and extract the information you have requested so please allow sufficient time when making your request.
Can you recommend an Architect ?
No, we have to remain independent. Many architects who submit plans on a regular basis advertise in the local press etc. and also ask friends and family, recommendation counts for a lot.
Can you recommend a Builder ?
Unfortunately not. We have to remain impartial in our dealings with any builder or client and this would not be possible if we were in a position to recommend one builder from another. We are well aware of the difficulties involved in finding a good builder however , and hope that recent government initiatives on controlling the “Cowboy Builder” will help us to be able to offer more help in the future.
In the mean time we would recommend that you:-
- Chose an established builder and ask to talk to previous clients - ask if they were happy with the work, was it started and completed on time and was the final bill in line with the estimate. A builder with a reputation to preserve is more likely to be around if you have problems later.
- Never choose a builder on the basis of a low estimate alone. Good builders who refuse to cut corners will seldom be able to compete on price with those that do.
- Avoid builders who offer VAT free deals in return for cash payments. A builder who will fiddle the taxman will probably not think twice about fiddling you as well!
- Be clear from the outset exactly what you want the builder to do and then stick to it - changing your mind too often will probably prove expensive.
- Try to agree a simple contract with your builder - the vast majority of smaller work is carried out without the benefit of any written contract at all. Try to get as much as possible in writing.
Can I draw my own plans ?
YES, if you are a good draftsperson and know about the Building Regulations and building construction.
How long does my Building Regulation approval last?
Your approval expires 3 years from the date of deposit of the plans.
I have commenced work on site, can I submit a Building Notice?
No. A Building Notice is an intention to commence which you cannot use if you have already started work.
You received my Building Notice. Do you require any further information?
If we do we will contact your Agent or yourself. As you do not have any approved plans to work to it is important that you discuss your work with the BCS on our visit to your property. If you haven't stated on the Building Notice form when you intend to start work you will need to notify us in writing when work is about to commence giving two working days notice.
What other charges do I have to pay?
All charges for Building Notices are paid on submission of your application so there are no additional charges for site inspections for this type of application. However there maybe inspection charges for a Full Plans application and these would be invoiced after the first inspection on site.
When can we start work?
We always advise that you should only start work once your plans have been approved or your Building Notice has been accepted because in our experience this reduces the risk of problems occurring. However, should you wish to start as soon as your Full Plans application or Building Notice has been received by us then you may do so but, whatever the circumstances of your application, you or your builder must also give us two days notice of your intention to commence work. We ask for this commencement notice to be in writing so that we are able to record the name and address of your builder. This is for your benefit should we find that at any time the work is unsatisfactory and we need to take further action. If you are borrowing money to finance the work your bank or building society may ask for the approval notice, which is legal evidence that the plans have been passed by the Local Authority.
What happens when my works are about to commence?
The person carrying out the works should give two working days notice prior to the works commencing.
Apart from commencement what other stages of the works should you call us into inspect?
If your works involve the digging of excavations, the laying of concrete foundations and concrete floors, putting in damp proof courses and membranes, the provision of above or below ground drainage, providing or altering the roof construction, and finally occupation and completion of the building you should inform us.
What happens if the builder fails to give the required notices?
If we are not given the opportunity to inspect the works as they progress we will serve a notice on the builders requiring them to 'open up' the work so that inspections can made. If we do not have the name and address of the builder we will require you to 'open up' the work. Any person contravening the building regulations can, on conviction at the local Magistrates Court, be liable to a fine not exceeding £2,000 for each contravention and a further fine not exceeding £50 for every day that each fault continues.
Are there penalties for not complying with the Regulations?
Yes.. The person carrying out the works could be taken to court and fined for contravening the regulations - like being fined for speeding in a car. As owner you are responsible for putting the work right and again there are penalties for not doing this.
What happens if my works do not comply with the National Building Regulations?
The simple answer is that the works will have to be altered so that they do comply. As owner you are ultimately responsible for the works.
When the Building Control Surveyor visits the site he talks to the builder but not me - why?
I assure you that we are not being disrespectful, but the majority of our clients do prefer us to deal directly with the builder.
We always welcome the involvement of the owner in these discussions so if you wish to be involved, please make your wishes known to the BCS during the first visit.
If you do wish to have a confidential discussion with the BCS at any stage, please ask (or make a separate arrangement by phone) and we will be happy to oblige.
What should I do when works are nearing completion?
Remember - we are checking the works on your behalf. Although the person carrying out the works must inform us that the works are complete, we would advise you to contact us to see if we have made all the necessary inspections and the works are satisfactory. We will then issue to you a completion certificate. This is another important document and should be kept in a safe place. This too will be needed when you sell your property.
Is a Completion certificate the same as a guarantee or warranty?
No. The completion certificate simply confirms that, as far as the Council have been able to ascertain, the work on-site complies with the current Building Regulations. This means that inspections will have been carried out at the appropriate times, and that any problems found were put right. The Council do not however provide a guarantee or warranty on the work.
If you are buying a new or altered property, always make sure your Solicitor checks that a completion certificate has been issued for the work. This is particularly important as if we later find defects, it may be you who is responsible for correcting them rather than the previous owner!
Is there any documentation I should keep?
Yes. You must keep your Full Plans approval or Building Notice acceptance and any completion certificate for the work that has been carried out. These are as important as the original deeds of the property. If you wish at anytime to sell your property you may experience difficulty in completing the sale if you do not have them. Just imagine that it would be like trying to sell a car without having a valid M.O.T certificate. You should also keep builders' invoices, warranties etc.
What if things go wrong?
If problems arise during the progress of works our officers will do their best to help find solutions, and will be happy to offer advice to both you and your builder.
Ultimately however the Building Control service is not a warranty organisation and if the building work fails to meet your needs or expectations your redress would be against your builder, not the Council. For this reason you should take great care in selecting a builder who is reliable and who is still likely to be around if you have problems two or three years into the future.
If all goes well when should I pay the builder?
As was stated earlier you pay for us to inspect the work while it is progressing. You may be at your place of work whilst the building work is being carried out and you may therefore never meet us. We always recommend that you contact us and ask if there are any outstanding items that we are not happy with before you make any payments. So please do not hesitate to phone and check that we have been along to inspect and that we are satisfied that the work complies with the building regulations.
Does the approval of plans permit me to build over the boundary onto my neighbours property?
No. We are not responsible for establishing boundaries between properties. If you find that your neighbour has built over your boundary we suggest that you discuss the matter with them. If you are unable to resolve the problem you should then seek legal advice from a solicitor.
What happens if my builder damages my neighbour's property?
Your builder should have adequate insurance to cover damages to property and injury to people. You should make sure that your builder has this type of insurance. We have no control over this aspect of the works and we would advise any aggrieved parties to seek the advice of a solicitor.
Who can assist with a disagreement regarding boundaries ?
Unfortunately the Council has no legal powers to help. Legal advice should be sought if agreement cannot be reached with your neighbours.
Do I need approval for a loft conversion?
YES - See "Converting your roof space - A guide for home owners".
Do I need approval to install replacement windows in my house?
Yes, as from April 2002 you will require Building Regulation approval, alternatively if your window installer is a member of FENSA they will be able to self certify the work, please check before any work is carried out. ( See www.fensa.co.uk for more information)
Do I need approval to insert cavity wall insulation?
Yes. Ensure that your installer submits all the relevant information.
Do I need approval to build or alter a garden wall or boundary wall?
NO, but you should ensure that the work is done safely to avoid accidents. A leaflet on safe construction of free-standing walls is available.
Do I need approval to convert part or all of my shop or office to a flat or house?
Yes. Building Regulation approval will be required also.
Do I need approval to convert my house into flats?
Yes. Building Regulation approval will be required.