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Building Regs Application



Article 300 [ added on 14-10-2009, updated on 12-08-2010 ]

Full Plans Application

Any building work application can be processed through a full plan application. Along with a complete Building Regulations application form, you must supply full building plans which must include methods of construction and materials to be used and a plan of the site location. This must be accompanied by the relevant fee (the amount advised by the Local Council). You may have to provide more than one copy of each of the documents listed (usually 2-4 documents are required). Check your Local Council for the numbers of copies required.

Inspection 

It is a legal requirement that you notify the Building Control Officer at commencement of the work and at various stages of the building process. This is irrespective of whether you have applied for a Building Notice of a Full Plans Application.

Building Notice

A Building Notice is an option for most domestic work. To apply via this route you will need to provide the council with a complete Building Notice Application Form, a site location plan to the relevant scale and the required fee. You will need to check the relevant fee with your local council as they can vary depending on the area of which you live. Once the council has accepted your application, you must notify the council before you commence work and at all the usual stages of construction.

The following situations are where a building notice is not acceptable and a full plans application must be submitted.

•    Where the Regulatory Reform (Fire Safety) Order applies or will apply on completion.
•    Where the proposal is over or within 3m of a public sewer.
•    Where the work involves the erection of a building fronting onto a private street.

Inspection
 
The inspection system for Building Notices is identical to that for full plans.

You must advise your local authority or approved inspector at the appropriate stages.

Building Regulations Enforcement/Prosecution

The Local Authority has a duty to enforce Building Regulations in its area and may prosecute in the event of a contravention.

Where an approved inspector is providing the Building Control Service, the responsibility for checking that the Regulations are complied with will lie with the Inspector. The prosecution procedure, however, remains with the Local Authority. In the event of a contravention the Approved Inspector cannot resolve the situation which must be brought to the Local Authority’s attention.

If you disagree with the Local Authority Enforcement Notice

A Local Authority Enforcement notice will give you a specified time to rectify the building work. If you contest the notice on the ground that you believe your building work does comply with the Building Regulations, you could advise your Local Authority that you would like to commission a written report from a suitably qualified person. You can challenge their notice with a view to persuading the Authority to withdraw the enforcement notice. In this event the period to rectify the building work is extended.

Alternatively you can appeal against the notice in the Magistrates Court and demonstrate that your building work complies with the Building Regulations. This option can be used either as an alternative to the above or if proceedings under that option have been unsuccessful.


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