The Building Regulations are concerned with the constructional details of buildings and set down minimum standards to safeguard the health and safety of persons in and around buildings; conserve fuel and power and water, security and to provide facilities for disabled people. They are applied by all local authorities in England and Wales and therefore apply on a national basis. (Scotland has similar but separate Regulations)
You have the choice of adopting one of two alternative procedures under which the work can be carried out; a Full Plans application or a Building Notice submission If you have appointed an architect or other suitably qualified person to prepare plans the procedures should be known by them and they will act as your agent to apply on your behalf. This is recommended as the best course for peopled not experienced in building work.
There are a number of advantages to using a Full Plans application:
- The process of preparing the plans allows you to carefully consider your proposals and receive professional advice.
- You can see your proposals on plan giving you a clear indication of how they will affect your property and if the works will meet your needs.
- It will be easier for the builder to prepare an accurate quotation since they will have detailed plans to refer to.
- It will be easier to explain to your builder what works you are proposing and there will be less room for error and disputes.
- The plans will form part of a contract between you and your builder.
- If you are borrowing money in order to finance your proposals, you may need to have plans to show the bank or building society.
- You will receive an Approval Notice for the works.
- If your Contractor builds in accordance with the approved plans, you can be confident of compliance with the Building Regulations.
- The plans will form a historical record of the works that have been carried out and can be lodged with the deeds of your property.
Minor works such as Internal alterations involving the removal of one or two walls, installation of boilers or other heating appliances, insertion of windows, installation of bathrooms and other drainage, garages / carports (not exempt from building regulation), and the underpinning of foundations.
Works can commence after the giving of a Building Notice. Detailed plans are not always required resulting in savings in time and cost. With this procedure you must be confident that the works will comply with the Building Regulations or there is a risk of having to correct it after inspection. You may be asked to submit plans and calculations at a later stage to show that your proposals comply with the Building Regulations.
No approval notice will be issued, and a Building Notice may not be accepted for finance purposes. The Building Notice procedure cannot be used where it is intended to carry out work in relation to a building which the Regulatory Reform (Fire Safety) Order 2005 applies i.e, commercial buildings and buildings to which the public are admitted or if the building is within 3m of a sewer on the map of sewers or fronts a private street.
Competent person schemes are a way for skilled installers to prove their ability to carry out certain work to meet the required standards, instead of you applying for building regulations approval.
Competent Person self-certification schemes allow individuals and enterprises to self-certify that their work complies with the building regulations as an alternative to submitting a building regulation application.
A Competent Person must be registered with a scheme that has been approved by a Government department. Find out more about schemes.
Search the Competent Person Register to find a skilled installer or check if they belong to an existing scheme.
If you are looking for an electrician to work on your home, you should search the Electrical Competent person register.
An installer registered with a competent person scheme is qualified to carry out specific types of work in accordance with the building regulations and to self-certify that work. They should both notify us of the work and issue you a certificate of compliance with building regulations either directly or through their scheme operator.
Examples of work that can be undertaken by Competent Persons:
- installation of cavity or solid wall insulation
- installation of gas appliances
- installation or replacement of hot water and heating systems connected to gas appliances
- installation or replacement of oil-fired boilers, tanks and associated hot water and heating systems
- installation or replacement of solid fuel burners and associated hot water and heating systems
- installation of a new circuit within a dwelling
- replacement windows, doors, or roof lights in dwellings
- find a complete list of work that can be carried out by a competent person
The competency of the skilled installer needs to match the work type that they have been employed to do.
When the work is complete the registered installer should:
If you do not use a registered installer, then you will have to make a submission and pay
- notify us of the work
- issue you a certificate of compliance with building regulations, this can be issued:
- directly by themselves
- through their scheme operator
If you do not use a registered installer, then you will have to make a submission and pay a fee to have building control come and inspect the work.
Each part of the Building Regulations is supported by Approved Documents which contain the functional requirements and provide technical guidance on how to meet the regulations. There is no obligation to adopt any of the guidance in the Approved Documents to meet the functional requirements and designers may wish to refer to other documents such as:
- British Standards
- British Standards Codes of Practice
- Agreement Certificates
- Technical Certificates and Approved Technical Specification
- Harmonised European Standards
- Manufacturer’s literature referring to test data
Yes. The level of the fee can be determined from our Building Control standard charges in the Related Content, Building Control standard Charges, or send an email with full details using this form - an independent assessment and calculation of the correct fee will be made.
Estimated cost of work means an estimate, accepted by the Authority, as being a reasonable amount that would be charged by a person in business to carry out such work. A reduction cannot be allowed for DIY work.
If there is uncertainty concerning the proposed cost of the works, reference would need to be made to the cost index provided by the Royal Institute of Chartered Surveyors (RICS). This records what it normally costs to build different types of building in different areas. Alternatively, you can supply a detailed breakdown of the costs provided by a qualified Quantity Surveyor or Estimator.
No. Although it is advisable to inform any affected or interested parties. Your work could also be subject to other statutory requirements, such as Planning Permission, Fire Precautions, Water Regulations, Licensing, and the Party Wall Act 1996.
A Building Regulation application is valid for three years from the date of deposit. If you have started the works within the three years, there is no time limit to finish, however, the onus is on the owner to ensure regular visits to check progress are being requested. Contact the Building Control team if your Building Control or Planning application are about to run out.
Once you have made a Building Regulation submission and paid the correct fee, work can start after giving a notice of commencement of works. Unless otherwise agreed with the Building Control team.
If you have opted to deposit a full plans application, it is advisable to wait for a notice of approval from the Local Authority before starting work. Once you have approval you will then have the protection of knowing that as long as you are building in accordance with the approved plans then the Council cannot take enforcement action against you for failing to comply with the Building Regulations.
However, if you start works before the Full Plans application has been approved, all works will be at your own risk until the application is approved and you may be required to pull down, alter or remove any works that are subsequently found not to comply with the Regulations
Ideally you should discuss any proposed changes with your Building Control surveyor and if necessary, the Planning Officer before you do them and we may ask for amended plans to be submitted. Ultimately the works carried out on site must still comply with the requirements of the Building Regulations if they deviate.
The Building Regulations are made under powers provided in the Building Act 1984 and apply in England and Wales. The current edition of the regulations is 'The Building Regulations 2010' and the majority of building projects are required to comply with them.
The Act also gives power to Rochford District Council to ensure that building work within the district complies with the functional requirements of the Building Regulations. From time to time the Building Regulations are amended and you can view copies of the latest Regulations on the Government website via the link in Related Content.
The Building Regulations are grouped under 15 'parts'. The 'parts' cover a range of individual aspects of building design and construction as follows.
- Part A - Structure
- Part B - Fire Safety
- Part C - Site preparation and resistance to contaminants and moisture
- Part D - Toxic Substances
- Part E - Resistance to Passage of Sound
- Part F - Ventilation
- Part G - Hygiene
- Part H - Drainage and waste disposal
- Part J - Combustion appliances and fuel storage systems
- Part K - Protection from falling, collision and impact
- Part L - Conservation of Fuel and Power
- Part M - Access to and use of buildings
- Part P - Electrical Safety
- Part Q - unauthorised access
- Part R - in-building physical infrastructure
An online copy of the Building Regulations can be viewed on the Government website by using the link in Related Content.
- Checks are made to see if all the necessary forms, fees and plans have been submitted.
- The application is entered on the Building Control register
- The plans and supporting documents are checked by a Building Control surveyor to see if the proposals comply with the Building Regulations
- If there are discrepancies or insufficient information has been submitted it is normal for an amendment letter to be sent to the Agent/ Applicant requesting amendments
- Amended plans will be checked and if they show compliance with the regulations the application will be approved.
- If there are matters still requiring adjustments, you will be notified, and further amendment letters will be sent to the Agent/Applicant
- A decision notice will be issued within 5 weeks of the date of deposit, or with the Agent/ Applicants agreement this can be extended to 8 weeks.
- The decision notice will indicate the decision, any conditions imposed on the approval or where necessary the functional requirement under which the plans were rejected.
It is the aim of Building Control staff to work with you and your agent to ensure that plans of the proposed building work comply with the Building Regulations and can be given approval.
However, where there are defects or omissions shown on the plans at the decision date and a conditional approval cannot be issued then a plans rejection notice may be issued stating the parts of the building regulations where there was insufficient information in the proposal to determine compliance.
When the plans on a submission are rejected, Building Control will issue a schedule of items indicating which parts of the proposals are in contravention of the Building Regulations. In order for an approval to be issued it will be necessary for the plans to be amended to comply with the Building Regulations and resubmitted.
You are committing an offence if:
- There is a continuing contravention of the functional requirements of the Building Regulations, also.
- if you start work that requires a Building Regulation application without having the intension of submitting one, and:
- if you occupy or use a new building without having obtained a certificate of completion.
The Local Authority may take enforcement action in each instance. There are time and contravening penalties which can be applied following a hearing in a magistrate’s court.
Yes! You should notify your Building Control Surveyor when the works are complete and arrange for a completion inspection to be undertaken. If everything is in order, they will issue a Certificate of Completion for the works. However, applicants should note that a request to inspect completed building works should be received by the Council within 5 years of the original notice of works or full plans application. If a request is received outside of this time, an inspection may be made at the absolute discretion of the Council and additional fees are payable in this respect.
In the first instance contact the Building Control department of your Local Authority to explain what work you are concerned about. They can determine whether an application would have been required and check their records to determine if the work described if an application was submitted.
If there is no record of an application having been submitted, you may be able to submit a Regularisation application to gain retrospective approval. A charge is payable for this service.
Each Local Authority has a system for dealing with such enquiries all of which are designed to help satisfy the answers expected by the legal profession in these circumstances particularly in matters of property conveyance. Local Authorities may have charges for this service and will advise accordingly.
If you are the owner of the property or their agent, you can contact us using this form or write to the Rochford District Council, Building Control department, Council Offices, South Street, Rochford, SS4 1BW, allowing 10 working days for a reply. To help us find the information you will need to provide us with:
- the address of the property
- an approximate date of when the works were carried out
- if possible, the application number.
Everyone knows that it is important to choose the right builder to carry out work on your property. It is equally important that you are careful of your choice of Building Control Service provider.
Building Control services are available from your:
- Local Authority Building Control (LABC) - the traditional and long-established route covering every Local Authority area.
- We believe in sound working relationships based on understanding and support
- We are committed to maintaining the highest standards and ensuring that the built environment in which we all live, work and play is safe and healthy
- We will work with you to achieve quality construction that meets the building regulations. Whether you are an Architect, builder or householder carrying out DIY, you can rely on us
- We give value for money and achieve high standards whilst still being impartial
- We are publicly accountable
- We will work with other representatives of the Local Authority and associated agencies to assist your project
- We have a vast archive of local knowledge of sites in our district and can utilise this to offer knowledge-based pre-application advice
- We are locally based so we can respond very quickly to on site construction needs if required
- We can offer inspection plans and progress reports for your project
- We can accept applications electronically
- We have professionally qualified staff
If the project involves what is regarded as 'Building Work' then it must comply with the Building Regulations. The following types of project amount to 'Building Work':
- The erection or extension of a building
- The installation or extension of a service or fitting which is controlled under the regulations
- An alteration or change of use involving work which will be relevant to the continuing compliance of the building, service or fitting with the requirements relating to structure, fire, or access and facilities for disabled people
- The insertion of insulation by renovation of a thermal element
- The underpinning of the foundations of a building
This advice relates solely to Building Control
Do I need approval to build an extension to my house?
Yes, you will need to make either a Full Plans or Building Notice application. A conservatory and/or porch may be exempt.
This advice relates solely to Building Control
If the following criteria are met. The conservatory will be exempt from the Building Regulations providing:-
- the internal floor area does not exceed 30m²,
- the roof is transparent or translucent (polycarbonate or similar material which allows light to pass through),
- the conservatory is constructed at ground floor level,
- the conservatory is separated from the rest of the dwelling by a doors and/or windows of external quality meeting the U-Value requirements in Approved Document L.
- Glass in critical locations is safety glass. Critical locations means up to 1500mm from floor level in doors and side panels, and up to 800mm from floor level in windows.
- View LABC Homeowners information
- View LABC Homeowners guide
This advice relates solely to Building Control.
A porch is exempt if:
- the floor area does not exceed 30m²,
- a door of external quality meeting the U-Value requirements in Approved Document L is retained between the porch and the rest of the house.
- Glazing below 800mm in windows and 1.5m in doors and sidelights should be safety glazing.
- You are also advised to ensure that a porch does not cover outlets to boilers or other flues as well as the only ventilation openings to WCs and other rooms.
This advice relates solely to Building Control
You may need planning consent but for Building regulation purposes a garden shed may be exempt.
If it is located at least 1m from any boundary of your property, then it is exempt if it is:
- under 30m² in internal floor area,
- single storey and detached,
- contains no sleeping accommodation
If it is within 1m of your boundaries then it may still be exempt if, in addition to the above:
- it is constructed substantially of materials of limited combustibility
If a shed is under 15m² in internal floor area and contains no sleeping accommodation it is exempt.
This advice relates solely to Building Control
No, providing the garage does not exceed 30m², does not contain sleeping accommodation and
- is at least one metre from the boundary of the property, or,
- is built substantially of non-combustible material
This advice relates solely to Building Control
Yes, irrespective of size.
This advice relates solely to Building Control
No, provided its floor area is less than 30m² and is open on at least two sides. This advice relates solely to Building Control
An external swimming pool, not covered by any structure, is exempt. However, a structural engineer should be consulted when siting it close to an existing structure. A swimming pool within an existing or proposed structure requires Building Regulations approval. Consent to discharge water from any swimming pool must be sought from the relevant water authority.
This advice relates solely to Building Control
Yes. Whatever the intended purpose of the room(s), it will be necessary to make a Full Plans or Building Notice application. Often the nature of these works is quite complex and requires the deposit of structural calculations and a complete assessment of the provisions for means of escape. It is therefore recommended that you use the Full Plans procedure. This advice relates solely to Building Control
Yes. Building Regulations apply to replacement windows but not to the replacement of broken glass only. You should check with your installer to ensure that he is registered with FENSA. If so then the installer, can self-certify compliance with the regulations.
If you propose to do the works yourself or if your installer is not registered, then you or he must make an application for replacement windows. This advice relates solely to Building Control
- To a dwelling
Yes, if the alterations are structural (removal or part removal of load bearing wall or chimney breast) or alterations to the drainage system or alterations which affect means of escape in case in fire.
- To a shop, office or other workplace
Yes. The local authority will also consult with the fire authority.
This advice relates solely to Building Control
Yes, even where internal alterations and/or extensions may not be intended. This is a "material change of use" as defined in the regulations.
This advice relates solely to Building Control
Yes, even where internal alterations and/or extensions may not be intended. This is a "material change of use" as defined in the regulations. This advice relates solely to Building Control
No, not if the repairs are of a minor nature, for example replacing partially materials on a like for like basis, repointing brickwork or replacing floorboards.
If the repair work is major in nature e.g., removing a substantial part of a wall or roof and rebuilding it, or underpinning building approval may be required. Please contact us using this form.
This advice relates solely to Building Control
Planning control ensures that proposals are appropriate in terms of land use and design. The Building Regulations ensure minimum standards of design and building work to ensure the health and safety of people in and around buildings, energy conservation, security and access and facilities for disabled people. Many proposals require both Building Regulations consent and Planning Permission.
It is wise to consult both Building Control team and the Development Control team before undertaking any work.
This advice relates solely to Building Control
Yes, copies of forms and guidance are available to download
Please see our fees and charges
This advice relates solely to Building Control
A) Building Notice
- A fully filled out application form
- The appropriate fee
- A site location plan
Further information may be requested, for example structural design calculations.
B) Full Plans
- A fully filled out application form
- The appropriate fee
- Two full sets of drawings (Four sets of drawings for commercial works)
- Any relevant structural calculations
This advice relates solely to Building Control
Further guidance about Building Regulations can be found on the Government website, please see the link for Approved Documents in Related Content.
This advice relates solely to Building Control
The Building Regulations generally lay down performance requirements in relation to various aspects of building work.
The Approved Documents, in simple terms, set out the way(s) in which you can ensure that you comply with the performance requirements of the regulations. You can use another way of complying, but you will have to demonstrate to the local authority how you will comply with these requirements.
Approved Documents can be found online or purchased.
- View Approved Document information
- View the Building Control Planning Portal
- View LABC Homeowners information
- View LABC Homeowners guide
This advice relates solely to Building Control
There are two ways in which you can make a Building Regulation application:
Full Plans
With the Full Plans procedure, detailed drawings of the proposed work are submitted to Building Control and are checked to ensure the proposal meets the Regulations. If there are queries on the plans, a letter requesting modifications or additional information is sent. Once the plans show compliance, they are approved. If only minor changes are needed, the plans may be approved conditionally. You may use the Full Plans Form for completion and return with the appropriate documents and fee.
Full Plans Application information
Building Notice
Plans are not required initially, although it may be necessary to provide drawings and/or structural calculations later. If the work is a new building or extension, a block plan showing the size and position of the proposal is needed so that the size can be verified on site and to ensure the proposal is not to be constructed over a public sewer. Building Notices are not acceptable for work to commercial buildings or buildings to which the public have access, as the Fire Authority consultation is necessary. You may use the Building Notice Form for completion and return with the appropriate documents and fees.
Building Notice Submission Information
This advice relates solely to Building Control
When a valid Full Plans application is made, the Council must issue a decision within five weeks, unless agreement to an extension of time has been given, when the period is extended to two calendar months from the date of deposit.
The Building Control Service aims to examine plans within two weeks of deposit.
If insufficient information is provided to show compliance with the Building Regulations your application will be rejected
This advice relates solely to Building Control
Building Regulation fees are reviewed annually and valid from 1 April each year.
View details of our current charges.
This advice relates solely to Building Control
No.
For a particular Full Plans application, the inspection charge becomes payable after the Building Control Surveyor has made the first inspection. The Council will invoice you for the fee shortly after you start work. The amount you pay is determined when you make the application based on a fee scale or independently determined by assessment of the work. This part of the total fee covers all inspections. However, should the construction work last more than 12 months, we do reserve the right to make a supplementary charge. Please see our Charges and Fees.
If you make a Building Notice application, the total charge includes the fee for all inspections.
This advice relates solely to Building Control
When building plans are rejected because the time for issuing a decision has elapsed, a re-submitted application should be made with amendments to the plans to ensure compliance with the Regulations. Providing the work is substantially the same as the initial application, no further fee is payable. This advice relates solely to Building Control
Generally, the deeds to your house will contain the information and/or your solicitor may have advised you at the time of purchase.
If this information is not available or is unknown you should be aware that since 1 October 2011, any drains serving more than one property are the responsibility of Anglian Water. Any proposals to build over or within close proximity to these sewers require consent from the water authority.
View more information on the Building and Developing area on the Anglian Water website.
This advice relates solely to Building Control
No, although it is prudent to consult them. You may also be required to consult them under the Party Wall Act if you are doing work on or near the party wall or boundary. This advice relates solely to Building Control
Boundary disputes are a private matter between neighbours, the Council cannot be party to any such disputes, unless of course they are the landowners involved. Neither the planning consent nor the Building Regulation approval confers a right to build over a boundary onto neighbour’s land.
Such disputes are best resolved, initially by consultation and if necessary, negotiation.
At the end of the day parties may have to resort to solicitor’s advice and even formal legal action.
The Council cannot give you any information about the location of boundaries. Some information may be available from the Land Registry about the approximate size of a particular plot, but they are not able to confirm the exact location of boundary lines. Visit the Land Registry web site.
You should plan work so that foundations, walls, roof eaves and gutters do not encroach over boundaries except when this is done by negotiation. Remember that an informal agreement between you and your present neighbour may not be enforceable on any future neighbour. Ensure that you get negotiated agreements properly and formally agreed and any necessary changes made to deeds.
You may also need to inform the neighbour of your proposals under the Party Wall Act 1996
View more information at about Party Wall Act This advice relates solely to Building Control
The local authority do not enforce the Party Wall Act. You may be required to enter into negotiations with your neighbour if you are carrying out work to, on or near the party wall or boundary. You may need the services of a Party Wall Surveyor. Details can be obtained from the Royal Institute of Chartered Surveyors.
View more information at about Party Wall Act This advice relates solely to Building Control
Generally, the design for foundations of a single storey building is the same as that for a two-storey extension. The important aspects include:
- depth to the bottom of the foundations below ground level,
- depth of concrete in the foundations,
- width of the foundation concrete,
- location of the wall within the width of the foundation and
- probably even more important, the nature of the ground under the foundation.
Unless the original foundations were laid within the last 5 years it will be necessary to expose the existing foundation in one or two locations so that the above aspects can be assessed by a structural engineer or the Building Control Surveyor before planning a first-floor extension on an existing single storey part of the building.
Other important aspects to consider are:
- suitability of existing roof structure to act as a floor
- suitability of existing lintels over ground floor openings
- suitability of existing walls
This advice relates solely to Building Control
The Council may have plans of your original house and may include a drainage layout. It may be possible for the original plans to be extracted from the archives, dependant largely on how old the house is. It cannot be guaranteed that what is shown on any plan is what you will find on site. You will be charged an administration charge for searching for old records.
A better way to determine the drainage layout is to either employ a surveyor to investigate or lift manholes in your garden and do your own survey.
Remember there may be surface water as well as foul drains on your property, you must not connect foul water to a surface water system or vice versa. You will also need to remember that other people may have rights of drainage and therefore use of the sewers passing through your land.
You have a right to see plans deposited for any planning application for your house and these may contain drainage plans.
This advice relates solely to Building Control
Building Control documents that have been submitted, unlike planning documents, are not public records and access is restricted to the owner of the documents.
You have a right to see plans deposited for any planning application for your house at all reasonable hours.
This advice relates solely to Building Control
No.
The Council cannot recommend any builder. You are advised to get quotations from several builders, preferably by recommendation from friends or neighbours.
This advice relates solely to Building Control
Not before you have obtained planning permission if it is necessary.
48 hours after depositing all the information and charge necessary for a Building Notice application unless otherwise agreed with the Building Control team.
You should avoid commencement of works until plans deposited under the Full Plans procedure have been approved.
If you choose to start works before a Full Plans application is approved, formal notices must be given and the work you do is done at your own risk until plans are approved.
Work which is exempt from control may be commenced once you have obtained any necessary planning consent. This advice relates solely to Building Control
When the Council, having made all necessary inspections, are satisfied that the works you have carried out comply with the regulations, they will issue a completion certificate.
When the works you have undertaken are substantially complete you are required to notify the Council so that they can carry out a completion inspection. A completion certificate will be issued following a satisfactory completion inspection.
This advice relates solely to Building Control
Please contact Customer Services in the first instance. If a Completion Certificate has already been issued, they can provide an additional copy.
If a completion inspection has been carried out and all works comply with the Building Regulations, we will issue you with a Completion Certificate.
However, on many occasions, such an inspection may not have been requested. Should this be the case, it will be necessary for you to arrange access for us to carry this out. Subject to the works complying with the Building Regulations, we will issue the Certificate. This advice relates solely to Building Control
An owner may apply in writing to the Council for a regularisation certificate where unauthorised works have commenced on or after the 11th November 1985. The Council on receipt of such application may require the applicant to lay open the unauthorised work for inspection, make tests and take samples and require any other reasonable steps to be taken. A regularisation certificate may be given where the Council has been able to satisfy themselves that the relevant requirements of the Building Regulations have been met. A charge, which is non-refundable, is generally paid on submission of the application.
Complete Regularisation Application Form
This advice relates solely to Building Control
No under the Building Regulations, although the height of boundary walls may be restricted under the Town and Country Planning Act. This advice relates solely to Building Control
Without appointment, Surveyors are generally out visiting sites between 10am and 3pm and do not take calls whilst driving or on site for safety reasons. However, they will check for messages later in the day either received on the phone or sent using this form.
The customer services team can contact the surveyors during the day, so if you have an emergency do contact the customer services team on 01702 318111. It may be possible to get the surveyor to call or to phone you.
This advice relates solely to Building Control