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

e-mail: planning.development@havant.gov.uk

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

When should I apply?

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.

How do I obtain Building Regulation Approval?

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

When can I start work?

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

What happens if I do work without approval?

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.

Find details of charges relating to Full Plans and Building Notice applications here

How long does permission last?

Permission lasts for 3 years from the date of Full Approval or Building Notice acknowledgement.

How do I appeal against a decision?

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

Email: BR@communities.gov.uk

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
Telephone:	(023) 9244 6571 or (023) 9244 6573
Email:	planning.development@havant.gov.uk
Address:	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.
Details:	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. Disability Rights Commission - find out more about disability laws starting October 2004 here

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Havant Borough Council, Civic Centre Road, Havant, Hampshire PO9 2AX