A Guide to Building Regulations 2010
Introduction
The Building Regulations 2010 (as amended) set out the technical requirements for most types of building work in England and Wales and establish an approval process to ensure that these requirements are met. They specify standards that ensure that buildings meet health and safety requirements, conserve fuel and power, and provide adequate facilities and access.
Building work in Scotland and Northern Ireland is subject to similar requirements under the Building (Scotland) Regulations 2004 and the Building Regulations (Northern Ireland) 2012.
This factsheet explains what the Building Regulations 2010 (the Regulations) cover, who they apply to, and the obligations they place on anyone who carries out building work or who owns property or land where building work is being carried out. It provides information about the approval process, how the Regulations are enforced, and the penalties for non-compliance.
Obtaining approval for building work is a separate process from applying for planning permission. Depending on the project, both may be required. For more information about planning permission, see BIF031 Applying for Planning Permission and BIF545 A
Guide to the UK Planning System.
What do the Regulations cover?
The Regulations cover 'building work', which includes:
The erection or extension of a building.
The provision or extension of a controlled service or fitting, such as air conditioning or washroom facilities.
Alterations to buildings or controlled services, such as structural modifications or changes to fire escape access.
The insertion of insulating materials in cavity walls.
Work involving the underpinning of a building.
Work that affects a building's energy efficiency.
Work that relates to a building's thermal elements, such as walls, floor or roof.
Some building projects are exempt from all or part of the Regulations, provided that they meet criteria relating to building size and boundaries. These include:
Sheds.
Summer houses.
Domestic garages.
Greenhouses.
Conservatories.
Porches.
Car ports.
Covered ways and yards.
Ancillary buildings such as site sales offices.
For more information about which building projects are exempt from the Regulations, go to www.planningportal.co.uk/info/200128/building_control/38/building_regulations/2.
Who do the Regulations apply to?
The Regulations apply to anyone who is carrying out building work or who owns the property or land where building work is taking place. In general, builders and other tradespeople are responsible for making sure that any building work they carry out complies with the Regulations. However, where work does not meet the requirements of the Regulations, the owner of the building can be issued with an enforcement notice and face financial penalties.
How to comply with the Regulations
To comply with the Regulations, anyone carrying out building work must get approval for the work. Approval will only be granted if the building work meets technical requirements relating to matters such as structural stability, fire safety, ventilation, sanitation, drainage and energy efficiency.
These technical requirements are added to or amended from time to time. An up-to-date list can be viewed at www.planningportal.co.uk/info/200135/approved_documents, which also has the latest editions of Approved Documents giving guidance about how to meet the requirements.
These Approved Documents relate to England only. In Wales, the application of the technical requirements differs slightly. Approved Documents for use in Wales can be downloaded from the Welsh Government website at https://gov.wales/building-regulations-approved-documents.
How to get approval for building work
In general, the Regulations require anyone carrying out building work to get prior approval from a building control body (BCB). There are two kinds of BCB - local authority BCBs and private 'approved inspectors'. Anyone carrying out building work can choose which kind of BCB to apply to.
As an alternative to BCB approval, some types of building work can be self-certified by builders and other tradespeople under 'competent person' schemes.
Applying to a local authority BCB
Applications made to local authority BCBs must be submitted to the local authority where the work is being carried out. Application forms and fee schedules vary by local authority. They can be made via the Submit-a-Plan online portal (www.submitaplan.com).
Two types of application can be submitted:
A 'full plans' application, which takes up to two months for the BCB to process.
A building notice, which takes just two days to process, but is only available for smaller building projects.
It is also possible to apply to a local authority BCB for 'regularisation' - that is, retrospective approval for work already carried out without consent. This retrospective application process is designed to regulate unauthorised building projects but does not rule out the possibility of legal action being taken against the people who carried out the unauthorised work. For more information about regularisation, go to www.planningportal.co.uk/info/200137/how_to_get_approval/78/pre-site_approval/4.
To find contact details of local authority BCBs in England and Wales, go to www.planningportal.co.uk/findyourlabc.
Applying to an approved inspector
Approved inspectors are private organisations that have been approved by the Construction Industry Council (CIC) under the Building (Approved Inspectors etc.) Regulations 2010 to carry out building control functions.
Using an approved inspector is usually quicker than submitting an application to a local authority BCB. The approved inspector will also help with the paperwork required and will take responsibility for checking plans and inspecting building work. Fees depend on the scope of the work being carried out but are typically based on a percentage of the cost of the building work.
The Construction Industry Council Approved Inspectors Register is the government body responsible for approving and monitoring inspectors. It provides a searchable directory of approved inspectors at www.cicair.org.uk/approved-inspectors-register.
Self-certification under a competent person scheme
Competent person schemes allow construction firms and individual tradespeople to self-certify that their work complies with the Regulations. This provides an alternative to submitting a building application to a local authority BCB or an approved inspector and reduces the cost and administrative burden for building owners.
Competent person schemes are operated by trade bodies and professional associations. There are schemes for the following types of building work:
Air-pressure testing of buildings.
Cavity wall insulation in an existing building.
Combustion appliances, including gas, oil and solid fuel.
Electrical installations.
Heating and hot water systems.
Mechanical ventilation and air-conditioning systems.
Plumbing and water supply systems.
Replacement windows, doors, roof windows or rooflights.
Replacement of roof coverings (excluding the installation of solar panels).
Microgeneration and renewable technologies.
Registration for competent person schemes is voluntary, except in the case of gas work, where engineers must be registered with Gas Safe Register (www.gassaferegister.co.uk).
Competent persons can be located via the directories held by scheme operators. For more information about competent person schemes, and a list of current schemes and their operators, go to www.gov.uk/building-regulations-competent-person-schemes.
Enforcement
The Regulations are enforced by local authorities. Approved inspectors have responsibility for checking that the Regulations are complied with but cannot take enforcement action.
Local authorities can issue property owners with an enforcement notice if building work does not meet the requirements of the Regulations, ordering that it be altered or removed. If the owner does not comply with the enforcement notice, the local authority can carry out the alterations or removal and recover the costs from the owner.
However, if the work is in accordance with full plans that were previously approved by the local authority an enforcement notice cannot be issued.
Enforcement notices must be issued within 12 months of the completion of the work. Property owners have 28 days to comply with enforcement notices. They can contest notices with a written report from a suitably qualified person, or appeal against them in a magistrates' court.
As well as issuing enforcement notices, local authorities have the right to take legal action against anyone who fails to comply with the Regulations. This action is usually taken against the builder or other tradesperson who carries out the work and can result in a fine of up to £5,000, plus £50 for each day the non-compliance continues after conviction. Legal action must be taken within two years of the completion of the building work.
Further information BIF031 Applying for Planning Permission BIF122 Fire Safety Measures in Business Premises BIF204 A Guide to the Construction (Design and Management) Regulations 2015 BIF545 A Guide to the UK Planning System
Useful contacts The Planning Portal provides online advice and guidance about planning permission and Building Regulations in England and Wales. Website: www.planningportal.co.uk The Ministry of Housing, Communities & Local Government (MHCLG) is responsible for national policy on issues related to local government, including building safety. Tel: 0303 444 0000 Website: www.gov.uk/government/organisations/ministry-of-housing-communities-and-local-government The Construction Industry Council Approved Inspectors Register (CICAIR) is the body designated by the Secretary of State in England and Welsh Ministers in Wales to maintain and operate the Construction Industry Council Approved Inspectors Register. Tel: (020) 7399 7404 Website: http://cic.org.uk Local Authority Building Control (LABC) represents all local authority building control teams in England and Wales. Its website provides a directory of building control bodies, as well as news, information and guidance about the Building Regulations and building safety. Tel: (020) 8616 8120 Website www.labc.co.uk
Contact Ashored for more information.
