When a homeowner decides to make changes to their property, such as building an extension or converting their basement or loft, they can often have questions like, "Do I need to apply for planning permission?”, “Do I need building regulations approval?”, and “Is there a difference between these two types of council approval?".
In fact, planning permission and building regulations approval, although both equally essential to obtain before you start construction work on your property, are actually two very distinct process governed by different regulations. Planning permission is all about evaluating whether your proposed development aligns with local requirements and would not negatively impact the surrounding area or the quality of life of nearby residents. Building regulations approval, in turn, is focused on the structural integrity, safety and accessibility of your proposed project.
To help you understand the latter, we have put together this complete guide to building regulations approval in the UK, including when you need it and how to apply, so that you can navigate the process smoothly and embark on your dream construction project with confidence and clarity.
According to UK Building Regulations 2010, most construction and extension projects require building regulations approval from the local council.
This includes:
You might also need building regulations approval for certain alteration projects, including:
Building regulations approval for the above ensures that you meet minimum standards for safety, health, energy efficiency and accessibility.
This will usually include:
There are some cases where you will not require building regulations approval. This typically includes minor alterations or repairs to existing properties, including emergency repairs to your boiler or heating system, or like-for-like replacements of baths, toilets, basins and sinks. However, it’s always best to check with a building control body to avoid potential fines and penalties.
If your project does need approval but you’d rather not apply yourself, you can hire a tradesperson registered with a competent person scheme instead.
So, what is a competent person scheme?
Essentially, it is a government-approved programme that ensures that contractors and tradespeople are qualified to carry out certain types of building work to required standards without the need for building regulations approval. A professional who has registered with the scheme can self-certify that any work that they do for you meets regulated building standards. They can also apply for building regulations approval on your behalf if needed. You can find a qualified tradesperson by consulting the Competent Persons Register.
If you need building regulations approval and you’d rather apply yourself instead of hiring a tradesperson registered with a competent person scheme, you have two choices. You can either apply for approval from your local council, or you can apply through a private approved inspector who will inform your local authority about the proposed work.
You will also need to determine if you need to submit a full plans application or a building notice application.
A full plans application is the best option if you are planning a large project such as:
To apply, you will need to submit detailed plans and drawings to your local authority or a private approved inspector to ensure that your proposal meets building standards. You will also need to pay a fee to your local council based on the size and complexity of your project.
Once your local council has received your application, they will have up to five weeks to make a decision. If they approve your application, they will issue you with a building regulations approval certificate which will be valid for three years.
A building notice application is a simpler and quicker option, but it’s only suitable for smaller projects. To make a building notice application, you will need to submit a building notice form to your local authority or a private approved inspector. The building control body (BCB) will then check your building notice form to make sure that you are aware of the relevant building regulations.
You can start work 2 days after you have submitted your notice to the BCB. However, you won’t receive formal approval with this option as you would with a full plans application.
There is one other option if you have already completed a project without obtaining building regulations approval. This is known as regularisation, and essentially it is where you apply retrospectively for building regulations approval. Homeowners can apply for regularisation if they have carried out building work without realising that they needed approval, or if they have inherited a property with unauthorised work.
The process for this is simple, but it can be time-consuming. To apply, you need to submit a regularisation application to your local authority or a private approved inspector with details of the work that has been carried out, as well as plans and drawings. The BCB will then assess the work to make sure that it complies with building regulations. However, there is no guarantee that the BCB will grant approval so it’s always best to apply for building regulations approval in advance whenever possible.
Finally, if your application for building regulations approval is rejected you can appeal the decision. Appeals must be filed with the Planning Inspectorate, an independent body that reviews planning and building regulations decisions. You will have to submit a written statement outlining the grounds for your appeal and provide supporting evidence where possible.
You can also request a determination from the government’s Secretary of State for Levelling Up, Housing and Communities if you believe that your project should be exempt from building regulations approval. You will need to submit a detailed application explaining why you believe you are entitled to an exemption, along with supporting documentation.
You have one month to submit an appeal or determination request from the date you receive the building regulations approval rejection notice from your local council.