Gardner Leader

The Buildings Regulations Minefield

Stuart Durrant, Conveyancing Partner at Gardner Leader Solicitors, has recently been approached by a number of clients confused by the requirement for Building Regulation approval in a variety of situations.  Every other year there seems to be a new scheme (often with a strange name) regulating how we undertake our home improvements, and such schemes are essentially building regulation approval.

Put simply, planning permission deals with what you build, whereas building regulations deal with how you do it. So building regulations require a standard (usually relating to safety and best practice) on how and what you are allowed to do.

If you add a new building to your home, extend or alter an existing one, or provide fittings in a building such as drains or heat-producing appliances, washing and sanitary facilities and hot water storage, then building regulations will probably apply.

They may also apply to certain changes to the use of the existing building, even though construction work is not intended, e.g. conversion of an integral garage to a bedroom.  However, there are exemptions for porches or conservatories built at ground level or for a single-storey garage or carport, e.g. not exceeding 30 square metres in floor area (roughly a conservatory 15’ x 18’ will be exempt).

There are, however, requirements for safety glazing.  Since 1^st April 2002, any new or replacement glazing (doors and windows) requires either a FENSA Certificate from the installer or a Building Control Certificate.

From 1^st March 2003 a new central heating boiler needs a certificate of installation by the contractor (or a Building Control Certificate).

From 1^st January 2005 any electrical wiring installed or added since that date must carry a certificate from a competent electrician that it has been done in accordance with current standards.

The following are good examples where Building Regulations are required:

• Internal alterations such as the removal or part removal of a load-bearing wall, joist, beam or chimney breast would need approval.
• Loft conversion.
• Conversion of a house into flats.
• Insertion of cavity wall insulation.

There are two ways of applying for Building Regulations.  The first is to deposit full plans and obtain consent prior to starting work.  The second is to merely give notice that you intend to start work and will do so in full compliance.

In either event a Building Completion Certificate should be obtained when the works are completed, which is confirmation from the local authority that they accept the works have been done in accordance with Building Regulations.

There is technically no cut-off time for enforcement of a breach of building regulations. However, in reality this can only be done by the local authority issuing an injunction if there is an imminent danger of the building collapsing or causing a problem to some neighbours, e.g. the removal of a load-bearing party wall which might cause the neighbouring property to collapse.

If a person carrying out building work contravenes the Building Regulations, the local authority may decide to prosecute and this could result in a fine of up to £50 for each day the contravention continues after conviction.  This action will usually be taken against the builder or main contractor, although proceedings must be taken within 6 months of the offence.  Alternatively, or in addition, the local authority may serve an enforcement notice on the owner requiring them to alter or remove work which contravenes the regulations.  If the owner does not comply with the notice, the local authority has the power to undertake the work itself and recover the costs of doing so from the owner.

An enforcement notice cannot be served after the expiration of 12 months from the date of completion of the building work, but this does not affect a local authority’s right to apply to the Courts for an injunction for the same purpose.

In most routine cases you will be safe to assume that if four years has passed, then there will be no practical come-back.  However, I always advise my clients that work may not have been completed properly if Building Regulations had not been obtained and certainly, in the case of a loft conversion, this can be expensive to remedy.

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