Frequently asked questions

The simple answer is that Building Regulations are concerned with the constructional details of buildings and set down minimum standards necessary to ensure that an acceptable standard of health and safety is achieved for people in and around buildings. They also require adequate access and facilities for disabled persons as well as specifying measures to control energy consumption, electric vehicle charging points and solar overheating. However, it must be remembered that they are not a control of quality. You should make your own separate supervisory arrangements in this respect should you consider it necessary.

There are two possible routes to the Building Control Partnership for Building Regulations approval.

An application for approval with full plans  or

A Building Notice application.

If you have appointed an architect or other suitably qualified person to prepare building regulations plans the process should be familiar to them and they will act as your agent to apply on your behalf. This is recommended as the best route for owners who are not experienced in building work.

Applications for approval with full plans

Are the most common option and will usually be submitted by an agent or architect.  Scaled Building Regulations plans, showing layouts, elevations and sections including the proposed constructional details and any supporting structural calculations are submitted with the application form. We recommend this route for all types of projects other than minor works.

Building Notice applications

Are most suitable for works of a minor nature which are to be undertaken by a person who understand the requirements of The Building Regulations. Detailed plans are not required for a Building Notice, and you can start work 48 hours after the application and the correct fee have been submitted. This type of application is generally used for smaller works such as structural alterations or upgrading works. There are restrictions on when a Building Notice can be used.

There is a range of building work which is exempt from the provisions of the Building Regulations. This includes buildings controlled under other legislation; buildings not frequented by people; greenhouses and agricultural buildings; temporary and ancillary buildings.

The main groups of exempt buildings are listed below. If a building falls within these groups, it can be built without the need for a Building Regulations application. Please remember to also check if Planning permission is required.

Building Regulations exemptions

• A detached single storey building having an internal floor area which does not exceed 30m2, which contains no sleeping accommodation and is a building
  • No point of which is less than one metre from the boundary of its curtilage or
  • Which is constructed substantially of non-combustible material.
• A detached building, having a floor area which does not exceed 15m2, which contains no sleeping accommodation.
• The extension of an existing building by the addition at ground level of
  • a conservatory, porch, covered yard or covered way; or
  • a carport open on at least two sides.

Where the floor area of that extension does not exceed 30m2, and provided that in the case of a conservatory or porch which is wholly or partly glazed, the glazing satisfies the requirements of Part K of Schedule 1.

Planning permission may be required for your project and should be applied for separately.  For more details on which projects require planning permission or building regulations please see https://labcfrontdoor.co.uk/projects/general/building-regulations/whats-the-difference-between-planning-and-building-control

• The process of preparing the plans allows you to carefully consider your proposals and receive professional advice
• You can see your proposals 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 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 will 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.

• For premises where people are employed or where a Fire Certificate under the Regulatory Reform (Fire Safety) Order 2005 is applicable e.g. shops, factories, offices, public buildings
• Where the proposals consisting of either underpinning, extensions or new builds and they affect, or are likely to affect access to, or are built over a drain, sewer or disposal main indicated on the map of sewers kept by the sewerage undertakers.
• Works involving the erection of any building fronting onto a private street.

In these cases, you must submit plans under the Application for approval with full plans route.

Advantages
Works can commence 48 hours after submission of a Building Notice and the correct Building Regulations fee. Detailed plans are not always required resulting in time and cost savings. However, using this route you must be confident that your builders is up to speed with the current Building Regulations so that the works will be compliant, or you risk having to correct it after we have carried out an inspection. (You may also be asked to submit plans and calculations at a later stage.)

Disadvantages
No approval notice is issued for a Building Notice, therefore it may not be accepted for mortgage purposes.  The Building Notice procedure cannot be used where it is intended to carry out work in relation to a building subject to the Fire Precautions (Workplace) Regulations 1997 or put to or intended to be put to a use designated for the purpose of the Fire Precautions Act 1971

The alternative to making a Building Regulations application to the Building Control Partnership when installing replacement double glazed windows and doors is to choose a company or installer registered with a competent persons scheme such as FENSA or CERTASS.

The schemes were developed by the Glass and Glazing Federation in close consultation with the Government as a quality assurance scheme that will require installers to issue insurance backed guarantees. Registered installers will issue a completion certificate to the certifying body who then issue a copy to the homeowner.

An electronic notification is also sent to the Building Control Partnership on completion of the works. This is then logged on our property database for future reference for example should you wish to sell your property in the future this information will be included in the Local Land Charges search.

The current building regulations can be viewed by following this link. The Building Regulations 2010 (legislation.gov.uk)

A copy of the merged Approved Documents can be accessed by at The Merged Approved Documents (publishing.service.gov.uk)

Each part of the Building Regulations is supported by Approved Documents that provide technical guidance on how to meet the regulations. There is no obligation to adopt any of the guidance in the Approved Documents 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 Standards

To design in accordance with the Approved Documents tends to show compliance in the event of any dispute concerning works.

If the guidance in the Approved Document is not followed, it will be for the designer to demonstrate by other means that the minimum standards of the Building Regulations have been satisfied.

Yes. The level of the fee for your Building Regulations application will be individually determined and confirmed to you on enquiry or after submission of  your application.

Please be assured our fees are extremely competitive and are set on a not-for-profit basis.

Please complete our online fee quote form and we will get back to you within two working days – often sooner or call us on 01329 824823 from 8:45am – 5:15pm  Monday – Thursday (4:45pm Fri)

No. Building Control approval only relates to the Building Regulations and you do not need to inform your neighbours when you make an application to building control. Where the proposed building work is likely to affect or involve a mutual part of a building or adjoining building, you may have other legal obligations however.

In such cases, it is advisable to inform any affected or interested parties as 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 Regulations 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 but fees are based on completion of works within 12 months. If your project exceeds this, you may be asked to pay supplementary charges.

If you have submitted a Building Notice or application for approval with full plans to us and paid the appropriate charge, you may begin work at any time, providing that you give the Building Control Partnership two working days’ notice of commencement of works.

A Building Notice does not need our approval and we will write to you to ‘acknowledge’ your application. This is generally used for small works such as upgrading works and internal alterations.

Application for approval with full plans route
However, with an application for approval with full plans we strongly advise that you await our approval notice as starting work before you receive this will mean that works will proceed at your own risk.

You will then have the protection of knowing that as long as you are building in accordance with the ‘approved plans’ that the Council cannot take enforcement action against you for failing to comply with the Building Regulations.

If you do not wait for our written approval, you may be asked to take down, alter or remove any works that are subsequently found to be non-compliant with the Regulations.

If you have submitted an application for approval with full plans the Building Control Partnership will continue to inspect while work is in progress, but we will require amended plans/details to be submitted.

Ultimately the works carried out on site must comply with the requirements of the Building Regulations. If the changes are substantial, a new application may be required but we will advise you of this beforehand.

Building Regulations are set by the Ministry of Housing, Communities and Local Government (MHCLG) under the powers contained in the Building Act 1984. The current edition is ‘The Building Regulations 2010 (as amended)’ and the majority of works are required to comply with them.

The Act also gives power to the Building Control Partnership to ensure that building work within the council areas we serve complies with the requirements of the Building Regulations. From time to time the Building Regulations are amended by the MHCLG and if you have doubts concerning your proposals you are advised to check with us before proceeding.

The Building Regulations are grouped under the Ministry of Housing, Communities & Local Government (MHCLG) ‘parts’. The ‘parts’ cover a range of individual aspects of building design and construction as follows;

• Structure
• Fire Safety
• Resistance to Moisture and Contaminants
• Toxic Substances
• Resistance to Passage of Sound
• Ventilation and Condensation
• Sanitation, hot water safety and water efficiency
• Drainage and Waste Disposal
• Heat Producing Appliances
• Staircases and Protection from Falling, Collision and Impact
• Conservation of Fuel and Power
• Access to and use of buildings
• Electrical Safety
• Overheating
• Security in dwellings
• Infrastructure for electronic communications
• Infrastructure for charging electric vehicles
• Toilet accommodation

• • We will check to ensure that all the necessary forms, fees and plans have been submitted
  • The application is entered on the Building Control register
  • The plans and any attachments are checked within 10-15 working days by one of our registered building inspectors to confirm 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 Client/Principal Designer (as applicable) requesting amendments.
  • Once we receive amended plans, they 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 letter be sent to the Client/Principal Designer.
  • A decision notice will be issued as soon as the submitted details are found to be satisfactory but always within 5 weeks of the date of deposit, or with the Client/Principal Designer agreement this can be extended by mutual agreement
  • The decision notice will indicate the decision, any requirements relating to the approval or where necessary the reasons why the proposal was rejected. (Where an application is given a decision of ‘rejected’ we will explain what information we need so that the application can still potentially be approved at a later date.)

It is the aim of  the Building Control Partnership to work with you and your Principal Designer to ensure that the plans for the proposed building work comply with the Building Regulations and can be given approval. This happens in almost all cases.

However, where there are defects or omissions shown on the plans a rejection notice may be need to be issued.

When an application is ‘rejected’ we 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.

You are committing an offence if you start work that requires a Building Regulations application without submitting one.

You are also committing an offence if you occupy or use a new building without having obtained a completion certificate or a temporary certificate of occupation.

It is also an offence to contravene the requirements of the Building Regulations.

The Local Authority can take enforcement action in each instance. Carrying out building work without the submission of an application can result in a fine and/or imprisonment. Compliance and/or Stop Notices can be issued when building work is non-compliant, requiring the work to be corrected or for work to cease completely depending on the severity of the contravention.

Please read the information on what types of projects require Building Regulations to ensure this doesn’t happen to you. Alternatively, contact us to discuss your individual project.

Yes. You should notify us in building control within five days of completion of your project so that we can arrange for a final inspection to take place. If everything is found to be satisfactory we will issue a completion certificate for the works.

In the first instance contact us to discuss the work which you are concerned about. We can check our records to determine if the work you describe is, or has had an application submitted previously.

If there is no record of an application having been submitted and the work took place after November 1985, you may be able to submit a Regularisation application to gain retrospective approval. A charge is payable for this service.

The Building Control Partnership is experienced in dealing with these types of enquiries and we will guide you through the process.  You may however have to uncover works, provide structural calculations or make good any defective work found to be non-compliant with the Building Regulations at the time the original work was carried out.

We do charge a small fee for this service. Please see our webpage for further information.

The Building Control Partnership works closely with the police, fire service and other agencies to help ensure public safety when buildings and structures such as boundary walls, fences and hoardings become dangerous. If you suspect a structure in the Fareham, Gosport, Havant or Portsmouth Council areas is dangerous, please visit our webpage to find out how to report this.

What types of dangerous structure are we responsible for:

There are two types of dangerous structure which the Building Control Partnership is responsible for:

• Immediately dangerous: structures that are at risk of collapse and must be secured for public safety. Examples include buildings damaged by vehicle impact or fire.
• Dangerous but not imminently so: structures, which further to a survey are unstable but not immediately dangerous.  Examples include leaning chimneys or boundary walls near to where the general public have access.

What will building control do?

One of our registered building inspectors will visit the site and advise on the course of action to remove the danger and keep the public safe. The property owner will be located and instructed to arrange for the structure to be removed or repaired within an agreed timescale. In the case of immediate danger, our building control surveyor may employ an emergency contractor to carry out the necessary works, usually on the same day, and then recover the costs from the property owner.

To safeguard the public, a barrier is often put up around the area surrounding a structure while work is being carried out. We may also need to liaise with other emergency services to ensure safety at all times.

What should I contact my local council for:

• We are not responsible for areas such as highways (including potholes, fallen trees blocking roads, broken drains or structural issues with bridges etc.) In this instance, please contact your local council.

Portsmouth City Council,

Gosport Borough Council,

Havant Borough Council

Fareham Borough Council

Hampshire County Council Highways

• To report issues relating to things such as park benches or playground agreement, please contact leisure services in your local council.
• To report an issue with burst pipes or water mains contact the relevant Water Authority –Portsmouth Water or Southern Water.

The simple answer is that Building Regulations are necessary to ensure that an acceptable standard of health and safety is achieved for people in and around buildings. They also require adequate access and facilities for disabled persons as well as specifying measures to control energy consumption. However, it must be remembered that they are not a control of quality. You should make your own separate supervisory arrangements in this respect should you consider it necessary.

The Regulations apply to most ‘building work’ and you will therefore need to make an application before starting work. The definition of ‘building work’ is contained within the Regulations. However, in general terms it covers the erection and/or extension of any type of building (with certain exemptions), the installation of works and fittings such as new waste appliances, new drainage, windows and heating appliances, alterations to the structure of a building, or work affecting means of escape in case of fire.

‘Building work’ does not include repair items, but certain operations, which you may consider a repair, are not considered exempt under the Regulations and therefore will require an application. Examples of this are underpinning and replacing a defective roof covering with a heavier or lighter tile or slate. From 1 April 2002 replacement windows and doors have been required to comply with the Regulations and from 1 January 2005 domestic electrical installations also have to comply.

There are a number of Competent Persons Schemes in place which allow registered companies and installers to self-certify their work, meaning that you do not need to submit a separate Building Notice application for the works. Types of works include; replacement glazing, heating installation and electrical installation and more. You can visit the Competent Persons Register to find an installer near you.

Finally, don’t forget that before you make an application to building control you might also require other approvals – planning permission, listed building consent, consent to discharge a septic tank, etc.

Should you wish to check whether you need to make an application for your project please contact us.

The Building Regulations cover most of the constructional elements and details of a building:

• Structural stability
• Fire safety
• Weather resistance
• Sound insulation
• Ventilation
• Sanitary conveniences and bathrooms
• Above and below ground drainage
• Heating appliances
• Stairways and ramps
• Conservation of fuel and power
• Access and facilities for people with disabilities
• Safety glazing
• Domestic electrical installations
• Security
• Connectivity
• Electric vehicle charging points
• Overheating

As you can see, even for the most straight forward of projects, considerable detail is required. Please contact us if you would like to discuss your project before submitting an application.

Competent Person Schemes were introduced by the Government to allow individuals and businesses to self-certify their work complies with the Building Regulations without having to apply and incur a charge.

An installer registered with a Competent Person Scheme should notify the Building Control Partnership of the work and issue you with a certificate of compliance under the building regulations either directly or through their scheme operator.

Main types of notifiable work covered by Competent Person Schemes

• Installation of a new or replacement heating system or boiler, regardless of fuel type
• Installation of a new or replacement oil tank
• Installation of a bathroom if new plumbing is installed or existing plumbing is altered
• Installation of a fixed air conditioning system
• Addition of a radiator to an existing heating system (may not need notifying in some circumstances)
• Installation of a new or replacement fuse box (or consumer unit)
• or any other notifiable work such as a new electrical circuit connected to the fuse box, and alterations to electrical installations around a bath or shower
• Replacement of window and door units
• Replacement of roof coverings on pitched and flat roof
• Installation of cavity wall insulation
• Installation of solid wall insulation
• Installation of mechanical ventilation systems
• Installation of microgeneration or renewable technologies

If you don’t receive your certificate from your appointed Competent person
If you don’t receive your certificate within 8 weeks of completion, contact the Competent Person Scheme operator that your installer is registered with, and they may be able to help you resolve the matter.

If you don’t use a registered Competent Person/installer
If you don’t use an installer registered with a Competent Person Scheme, for notifiable works (see above) you will need to submit a Building Notice or application with full plans before you start work to the Building Control Partnership and pay a fee so that we can arrange inspection of the work for you.

To find a registered installer
To find an installer registered with a Competent Person Scheme in your area or check that your chosen installer is with a scheme visit the Competent Persons Register website and enter your postcode or the name of the installer in the relevant search box.

Copy certificates
If you need to find a copy certificate for Competent Person Scheme work carried out to your property you will need to know the name of the scheme they belong to, such as FENSA, NICEIC, when and who carried out the work. You should then contact their Competent Person Scheme governing body and request a copy certificate.