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Building Control

Frequently Asked Questions

This page provides an introduction to the Building Control System, it does not give interpretation of the law or offer advice on good building practice. Nor does it deal with other statutory control to which the work may be subject to, in particular, Planning Permission, highway matters, the Water Act or Fire Precaution Act. If you need explanation or guidance, the Building Control office will be pleased to help.


What are the Building Regulations?

Levels of performance laid down by Parliament dealing with the construction of buildings and installation of some services. These are set out in the Building Regulations 1991.

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Why are they made?

To safeguard the health and safety of people in or around buildings. They are also concerned with energy conservation and access and facilities for disabled people in new offices, shops and public buildings.

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Who enforces the Building Regulations?

The Building Control Officer checks plans for compliance with Building Regulations and carries out inspection work on site during progress of the work.

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What work is subject to control?

If you want to put up a new building or extend or alter an existing one, the Building Regulations will probably apply. They will probably also apply if you put a building to a differing use. Building Regulations approval is completely different from Planning Permission and it does not mean that if you get one you will automatically get the other. The questions and answers below will help you but if in doubt, ask the Building Control Office, Wyncham House, 207 Longlands Road, Sidcup DA15 7JH, telephone 020 8308 7741 / 020 8308 7750, e-mail building.control@bexley.gov.uk.

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Do I need Building Regulation Approval?

  1. Do I need approval to build an extension to my house?
    Yes, but a porch or a ground-level conservatory (with a transparent or translucent roof) used as such, under 30m2 in floor area may be exempt. See the pages on exemptions and conservatories, porches and safety glazing for further guidance.
  2. Do I need approval to convert my loft into a room?
    Yes.
  3. Do I need approval to make internal alterations within my house?
    Yes, if the alterations are of a structural nature, involve the removal or part-removal or a load-bearing construction (e.g. wall partition, joist, beam, chimney breast) or if, in altering a house of three storeys or more, work is necessary to maintain the means of escape in case of fire.
  4. Do I need approval to install new windows in my house?
    Yes - From April 2002, anyone who installs replacement windows (or doors) will have to comply with strict thermal performance standards. Please see our windows page for more information.
  5. Do I need approval to carry out repairs to my house?
    No, if the repairs are of a minor nature and you are replacing like for like. This includes replacing the felt to a flat roof, repointing, replacing a small area of brickwork. Yes, if the repair consists of removing a major part of a wall and rebuilding it or underpinning a load-bearing wall. In the case of re-roofing, if the new tiling or roofing material is heavier than the existing material then an approval under Building Regulations is required.
  6. Do I need approval to convert my house into flats?
    Yes.
  7. Do I need approval to install or replace electric wiring?
    No.
  8. Do I need approval to install fittings and appliances within my house that involve:

    the installation or alteration of the position of a WC, bath, etc?
    No, unless the work involves new drainage or plumbing.

    the installation or alteration of a heating appliance?

    a. Gas: Yes, unless the work is carried out by a person, or an employee of a person, approved in accordance with Regulation 3 of the Gas Safety (Installation and Use) Regulations 1984.

    b. Solid fuel: Yes.

    c. Oil: Yes.

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What must I do to obtain approval?

If your building work requires Building Regulation approval, there are two procedures to choose from:

  1. Deposit of Full Plans
  2. The Building Notice

For a Full Plans application, plans need to be drawn up showing all constructional details. For the Building Notice procedure, less detailed plans are required, unless the project is large or complex.

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What are the differences between a Full Plans application and a Building Notice?

Please refer to our pages about Full Plans and Building Notices.

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Do my neighbours have the right to object to what is proposed in my building regulations application?

No. However, objections may be raised under separate legislation - for example, if your proposal is subject to approval under the Planning Acts. If the proposals affect or are adjacent to a party wall, fence, etc., you may have to serve a Party Wall Notice on your neighbour (see the Party Wall Act page).

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Do I have to pay anything for the service?

Yes. A fee is payable to the Council unless the work is exempt. See the charges page for the scale of charges. The Building Control department will advise you of the required fee, which will be subject to VAT, and when the fee is do to be paid.
There is no difference in cost between a Full Plans application and a Building Notice.

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What will the Council do?

If you use the Full Plans procedure, the Council will check your plans and consult appropriate authorities, e.g. fire, water authorities. If your plans comply, you will receive notice that they have been passed. If the Council are not satisfied, you may be asked to make amendments or provide more details. If your plans are rejected, the reasons will be stated in the notice.
If you use the Building Notice procedure, the work will normally be inspected but you will not receive any notice indicating whether your proposal has been passed or rejected. If while work is in progress the local authority requires further information of a plan, you must supply the details requested.

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When can I start work?

Once you have given a Building Notice or submitted Full Plans, you can start work at any time, but you must give the Council two working days' notice of your intention to do so. However, if you start work before you receive a decision on your Full Plans application, you may not be able to seek a determination from the Secretary of State if there is a dispute.

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Where can I obtain information on the standards to which I must build?

From Approved Documents, published by Her Majesty's Stationery Office, giving practical guidance on meeting the requirements of the regulations. However, you are not obliged to use any particular solution if you prefer to meet the requirement of the Regulations in another way. If you do follow the guidance in the Approved Documents, you will know that the work is presumed to comply with the requirements. If you do not follow the guidance, and it is suggested that your work does not comply, you will have to demonstrate by other means that you have, in fact, satisfied the requirements. Copies of the Approved Documents and relevant British Standards may be seen at the Reference Library, Townley Road, Bexleyheath, Kent.

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What can I do if my plans are rejected?

You can resubmit them with amendments to make them comply with Building Regulations. Alternatively, if you think the decision to reject is not justified, you can refer the matter to the Secretary of State for the Environment for his determination. But note that you must apply for a determination before the work which is in dispute has commenced. The fee for determination is half the plan fee subject to a minimum of £50 and a maximum of £250.

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What happens if I do work without approval?

The Council has to see that building work complies with regulations. If the work does not comply, you may be asked to alter or remove it. If you fail to do this, the Council may serve a notice requiring you to do so.

What happens if I disagree with the notice?
Normally the notice will give you 28 days to rectify the work. You can seek advice from a suitably qualified person and if you tell the Council that you intend to do this, the 28-day period is extended to 70 days. If the report you get from this person causes the Council to withdraw the notice, the Council may pay the expenses which you have incurred as a result of having been served with the notice. The Council cannot serve a Notice on you if the work which you have carried out is shown on the plans which the Council approved or failed to reject within the relevant period, or if the work has been completed for over 12 months.

Are there penalties for contravening Building Regulations?
Yes. The Council can commence proceedings which may lead to a fine.

Can I get previously unauthorised building work regularised?

It is now possible for unauthorised building work which was commenced on or after 11 November 1985 to be regularised. See the page about Regularisation Certificates for more information.

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Where can I find out more?

The Building Control Division will be pleased to give you information and advice. The Building Act 1984, the Building Regulations and the accompanying Approved Documents may be seen at the Building Control office or at the Reference Library. All of these documents may be purchased from HMSO or any good bookshop.

If you do wish to visit the Building Control Division, please ring 020 8303 7777 and ask for Building Control Enquiries, to ensure someone is available to help you.


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