Building Regulations

The Building Act 1984

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The Building Act 1984 received the Royal Accent on 31st October 1984 and the majority of its provisions came intoforce on 1st December 1984. It consolidates most, but not all, of the primary legislation relating to building which was formerly scattered in numerous other Acts of Parliament.

The Building Regulations are part of the Building Act 1984 and are the standards to be complied with for all buildings.

Building national regulations, that superseded local by-laws, were first put into operation in 1966. There were numerous amendments and there are still changes being implemented almost continuously. The metricated and consolidated version of the Building Regulations was published in 1972.

More recently the 2010 Building Regulations were made and they are the current version.

When drawings are submitted to a Building Control Body (BCB) i.e. Local Authority or an Approved Inspector (the choice is yours!) the plans are checked for compliance. The Building Regulations set the standards and design for the construction of buildings. The Building Control Body may provide advice with regard to aspects of the Regulations.  Charges however can be made by the BCB for this service.

The main sections that the Building Regulations cover are as follows:

Part A            Structure

Part B            Fire safety

Part C            Site preparation and resistance to contaminants and moisture

Part D            Toxic substances

Part E            Resistance to the passage of sound

Part F            Ventilation

Part G            Sanitation, hot water safety and water efficiency

Part H            Drainage and waste disposal

Part J            Combustion appliances and fuel storage systems

Part K            Protection from falling, collision and impact

Part L            Conservation of fuel and power

Part M            Access to and use of buildings

Part N            Materials and Workmanship

Part P            Electrical Safety

Regulation 7    Materials and Workmanship

The Role of the Building Control Body

The title Building Control Officer – Inspector is predominately used by Local Authorities who confer the title of Officer to many of their staff who have regulatory, supervision or enforcement roles.

Approved Inspectors are bodies or individuals who must be appointed by an organisation designated by the Secretary of State as having the authority to control building work. Surveyors who work for Approved Inspectors generally do not refer to themselves as “Officers”.

Local Authorities have the power under the Building Act 1984 to enforce the Building Regulations and have work altered or removed that does not comply.

The main function of the Building Control Body is to ensure that the requirements of the Building Regulations are met in all types of non-exempt development. They examine plans, specifications and other documents submitted for approval and survey works as it proceeds. Once the Local Authority receives an application they can take up to 5 weeks to Approval, Conditional Approval or Refusal of the plans. Once approved the plans may be sent back to you or your agent. It is not essential in law to have stamped approved plans but is is essential to have a written approval. It is always advisable not to start work unless your plans and documentation have been approved. Approved Inspectors often process the application in a shorter period of time and it is always worth asking your chosen Approved Inspector about turn around times. In either case work on site cannot start until the initial notice sent to the Local Authority by the Approved Inspectors has been accepted by the relevant Local Authority. Effectively this means the work cannot start on site until seven working days after the Approved Inspectors have received the plans and fees.

Assuming the documentation has been passed and approved by the relevant body their role extends way beyond this initial stage.

Notices and Inspections.

Building work must be inspected during the building process and sufficient notice must be given to enable the surveyor to carry out the inspection at the appropriate time. It is no good telephoning them at the last minute and expecting them to just turn up. There is a procedure to follow and giving ample notice is one of the considerations.

Initially you must serve a “Commencement Notice” advising BCB the date you intend to commence work on the project.

The BCB will need to inspect the works at the relevant stages namely –

  • Excavation of the foundations.
  • Prior to covering up of any hard-core or damp proof membrane provided for a concrete floor
  • Drains prior to them being cover up
  • Inspection of walls, beams, columns, pre-plastering or other encasements
  • Occupation if prior to completion
  • Completion of the works.

Once the works have been completed and the Local BCB is satisfied with the works they will issue a completion certificate. It is always recommended that this document is lodged with your deeds for safekeeping.

Fees

Local Authorities in England and Wales fix their own charges based on the full recovery of their costs for carrying out their Building Control functions. It is therefore advisable to contact your Local Authority for a quotation for this item. Alternatively contact an Approved Inspector for an estimate for this item.