Building Control - Householder Frequently Asked Questions
Do I need
permission to...?
For a detailed look at the types
of building works and whether or not they need Building Regulation
Approval, click
here.
If you are in any doubt about
whether or not you need either Building Regulation Approval or
Planning Permission, you should contact us before starting work,
telephone: (023) 9244 6571 or (023) 9244
6573
If you are thinking about
converting your garage into a room, you should follow these
guidelines:
Building Regulation Approval
Where the conversion work involves
structural alterations such as new foundations or masonry to infill
the existing garage door opening, the creation of a new opening
from the house, or the installation of new plumbing for a bathroom
or WC, you will need to seek Building Regulation Approval.
What is Building Regulation Approval?
Building Control ensures that
building works comply with the health, safety, energy conservation
and access for the disabled requirements as laid down in the
Building Regulations and Building Acts. Building Regulation
Approval is the means by which the Building Control Service checks
that building work is carried out to the correct standard.
Will I need Planning Permission when I have
Building Regulation Approval?
In most instances you will find that
you need both
Building Regulation Approval and Planning
Permission, but this is not always the case. To check telephone:
(023) 9244 6571 or
(023) 9244
6573 or e-mail:
planning.development@havant.gov.uk
If you are seeking planning
permission and/or Building Regulation Approval, you must apply
before starting work. Depending on the complexity of the proposal,
the process usually takes between 8 and 13 weeks
from beginning to end.
There are two types of Building
Regulation Approval:
Full Plans option
This is the route that most people
choose. It involves producing scaled drawings clearly denoting
construction details and where necessary structural calculations.
When these details are deposited the Building Control Surveyor
responsible for that particular area will check them. Any queries
are conveyed to you, or your agent, and when these are resolved an
approval is issued.
Building notice
Under this option no detailed plans
are required. This is a simpler approach particularly suitable for
smaller projects such as bathroom installations, minor structural
alterations and domestic extensions. This option can be used for
all work other than for buildings affected by a public sewer, or
where mandatory means of escape regulations apply or for which a
Certificate under the Fire Precautions Act is required. This
generally means that work relating to work places where persons are
employed, for example, offices, shops, factories and public
buildings cannot be carried out under a Building Notice. If the
work involves an extension or a new building then a site plan and
drainage plans are necessary. Under this option the Council can ask
for further information on the construction at any time. No formal
approval is given on a Building Notice procedure, nor do you
receive the same protection afforded by detailed approved plans. If
you are in doubt, please discuss this with a member of the Building
Control team by phoning:
023) 9244 6571 or
(023) 9244 6573 or e-mailing:
planning.development@havant.gov.uk
Once you have received a Building
Regulation application, you can normally start work 48 hours after
notifying Building Control of your intended start date. However, if
your application is a
full plans
type, then any works you carryout on site that are subsequently
found to be incorrect upon a plan examination will have to be
corrected.
Please note! If a planning
application is also necessary, then work should not commence until
this is obtained.
Options for notification to Building
Control, are by a telephone call, use of a Commencement Notice
issued with the Full Plans approval or Building Notice
acknowledgement. Telephone:
(023) 9244 6571 or
(023) 9244 6573 e-mail:
planning.development@havant.gov.uk
It is an offence to carry out
works that are subject to Building Regulations without first
obtaining approval. Should you be caught carrying out works you
could be subject to legal prosecution and/or a continuing fine
until the works are removed.
If you fail to remove the
offending works, then the authority has the powers to remove and
recover costs from the owner.
How much will building regulation consent cost?
Building Regulation work is also
subject to charges. Payments for the
full plans
option should be made in two stages: the first when an application
is submitted and then after the first inspection of the works on
site, when you will be invoiced.
In the case of a
building
notice a single charge is payable upon submission of the
notice. This charge is equivalent to the combined Plan Charge and
Inspection Charge which would be payable when making a Full Plans
application.
Permission lasts for 3 years from
the date of Full Approval or Building Notice acknowledgement.
If the Council refuses permission
or imposes conditions it will tell you why.
If you are unhappy or unclear
about the reasons for refusal or the conditions imposed, talk to
the officer who processed your application.
Planning Permission
You must make an appeal against a
decision on planning permission within 6 months. After
speaking to the planning officer, if you are the applicant and you
wish to appeal against a refusal of planning permission or against
a condition which is imposed on an approval you can appeal to the
Secretary of State, click
here
for more information.
Building Control: Determinations
Where the Council decides that your
deposited plans do not comply with one of more requirements of the
Building Regulations but you believe that they do, you will need to
apply to the Secretary of State for a determination. Your
application should be made in the form of a letter, with relevant
enclosures as indicated below:
- The names and addresses of the parties involved, including any
agents, the local authority, and the full address of where the
proposed building work will be carried out.
- A statement setting out details of the building, the proposed
work, and the matter in dispute.
- A statement setting out your case for compliance with the
particular requirement of the Building Regulations in
question.
- A copy of each of the plans of the proposed work and other
documents which have been submitted to the local authority with
your full plans application, and all of the relevant correspondence
with the authority, including the 'notice of rejection of plans' if
one has been issued.
- A copy of any listed building consent where the proposed work
has required this. If relevant, a copy of any associated planning
permission relating to the listed building should also be
provided.
- A copy of any other documentation - whether commissioned by you
or otherwise - supporting your case for compliance, including any
calculations. Where appropriate, it may also be provided.
- A determination fee. A fee is payable for a determination and
should be included with your application. It is calculated on the
basis of half of the local authority's plan charge, excluding VAT,
subject to a minimum limit of £50 and an upper
limit of £500. Cheques should be made payable to
"Communities and Local Government".
You should send your letter of
determination and all of the relevant documentation to:
Department for Communities and Local Government
Sustainable Buildings
Floor 2/F6
Eland House
Bressenden Place
London SW1E 5DU
Tel: 020 7944 5748 or 5742
Fax: 020 7944 5739
E-mail: enquiries.br@communities.gsi.gov.uk
Please note that you must apply
for a determination before the work in dispute has commenced.
Building Control: Appeals
If the Council refuses your
application for a relaxation or dispensation of a particular
requirement of the building regulations, then you have the right to
appeal to the Secretary of State. Your application should be in the
form of a letter, with the relevant enclosures as indicated
below.
- The names and addresses of the parties involved, including any
agents; the local authority and the full address of where the
building work will be/has been carried out.
- A statement setting out details of the building, the building
work, and the matter in dispute.
- A statement setting out your case for either relaxing or
dispensing with the particular requirement of the Building
Regulations in question.
- A copy of each of the plans of the building work and other
documents which were submitted to the local authority with your
relaxation or dispensation application and of all relevant
correspondence with the authority involved, including the
authority's 'notice of refusal'.
- A copy of any listed building consent where the building work
has required this. If relevant, a copy of any associated planning
permission relating to the listed building should also be
provided.
- A copy of any other documentation - whether commissioned by you
or otherwise - supporting your case for relaxation or dispensation,
including any calculations. Where appropriate, it may also be
helpful to include a location and block plan, and a few photographs
of the building work to illustrate particular points.
No fee is payable for an appeal.
You should send your letter of
appeal and all the relevant documentation to:
Communities and Local
Government
Sustainable Buildings
Division
2nd Floor House
Eland House
Bressenden Place
London
SW1E 5DU
Telephone: (020) 7944 5788
If you would like any further
information on determinations or appeals please contact the
Building Control service. Telephone:
(023) 9244
6571 or
(023) 9244 6573 e-mail:
planning.development@havant.gov.uk.
Contacts
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Telephone:
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(023) 9244 6571 or (023) 9244 6573
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Email:
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planning.development@havant.gov.uk
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Address:
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Havant Borough Council,
Public Service Plaza,
Civic Centre Road,
Havant,
PO9 2AX
Customer Services Reception on the ground
floor of the Public Service Plaza, is open Monday to Friday 9
am - 5 pm.
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The Building Control ensures that buildings and structures
conform to all building regulations, associated legislation and
codes of practice in terms of their construction and materials and
that they have adequate fire precautions and access
arrangements.
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laws starting October 2004 here |