Common misconception re Local Authority Planning and Building Control Departments

HugoSP

Moderators - I would be grateful if this could be made a sticky thread for at least a short while.

There seems to be a common misconception amongst some members on this site that IMO needs to be cleared up. I mean no disrespect to anyone here but when people, with the best of intentions pass on inaccurate information that they believe to be correct misconceptions, like this one, can take root.

I personally know of a number of situations where homeowners have come unstuck because they have applied for, and been granted Planning Permission to develop their property but have not contacted the Building Control Department of the same Local Authority.

Facts:

• The Planning Department and the Building Control Department perform different functions. If I am correct they are usually separate departments. I've never known of a combined department, though that doesn't mean that they don't exist. I don't doubt that some council executives up and down the country may have considered combining the two departments to save on costs.
• The Planning Department are there to control development. These are the chaps who grant or refuse permission for a development that falls outside of permitted development rights.
• The Building Control Department deal with compliance with building regulations. For example, they are responsible for making sure the structure of the development is adequate, that it is properly insulated etc. The building regulations have about 16+ different parts and cover anything from plumbing to the depths of footings, to floor joist specifications. Perhaps one of the most important areas of their involvement is centered around adequate provision of fire breaks and escape routes etc. The Building Control Department will issue a Building Certificate on satisfactory completion of the project.
• Requirements for Planning Approval/Permission do not necessarily go hand in hand with Requirements for a Building Certificate. For example a large conservatory that exceeds permitted development rights for the property will need Planning Approval from the Planning Department but may not need Building Regulation Approval (in the form of a Building Certificate upon completion) from the Building Control Department. Conversly, the erection of a small attached garage or a downstairs bathroom extension that falls within permitted development rights will not need Planning Approval but will requre a Building Certificate. The reasons behind this can be complicated but that is the way it works.

The worst outcome arising from this confusion that I personally know of is where a house sale was help up because an extension above a garage did not have a Building Certificate. Planning Approval had been granted but the owners did not inform the Building Control Department.

Regrettably for the owners the building regulation had been tightened up since the project was completed and the Building Control Officer insisted on the garage wall thickness being doubled. Hence the garage floor had to be dug up and extra foundations laid, then the 4 inch single block wall needed to be thickened to 8 inches.

Had the owners informed the Building Control Officer at the time, then he would have applied the prevailing regulations that would have negated the need to double the thickness of the garage wall.

This all had to be done before the sale could proceed.

My personal award for the luckiest homeowner in this respect goes to my accountant, who I helped out of this situation. He effectively doubled the size of his house with a huge extension and addition of a first floor. Again, overlooking the Building Control Department held up his house sale, but the only issue that the Building Control Officer had was the lack of a hand rail on the bottom fight of stairs. This was dealt with for a 2 figure sum.

The Building Control Officer apparently took one look at it, gave the verbal OK to the client and went back and raised the Building Certificate.

So people will ask "How do you know when you need to contact the Building Control Department?" The answer is not straight forward but if you are in any doubt then a call to the Building Control Department is a good idea. This is a question that is often more difficult to answer than "Do I need Planning Approval?"

A general rule is that repairs do not often need Building Control Approval. However the replacement of a floor probably will.

Alterations involving structural works, new windows (unless the contractor is FENSA registered), electrical alterations and major plumbing works (soil stacks etc) probably will require building regulations.

My advice would be to ask the question for your particular project.

The Building Control Department can be informed of your intentions, should they need to be, via 2 methods:

• Full plans submission - Technical drawings specifying your intentions, often drawn up by the architcects or a structural engineer. These are not the same as drawing submitted for Planning Approval.
• Building Notice Served - A statement from the applicant as to his intentions. I have done this a number of times. It is useful for renovations of domestic property as it maintains flexability.

This post should not be taken as definitive advice. the purpose of this post is to raise awareness that at least two regulatory aspects need to be taken into account. In some cases more regulators need to be consulted, but these are not as common. For example, if the building is listed then a Listed Building Officer from IIRC English Heritage may need to be contacted. In some situations that involve national parkland, further regulatory bodies may need to be consulted.

This is where the depth of my working knowledge becomes exhausted. Those who are more qualified to comment - I would be pleased if you did.

nelly_2

And also different councills have different rules

HugoSP

nelly wrote: »

And also different councills have different rules

Same rules - different interpretations maybe

baldelectrician

It should be noted here that almost all of this stuff DOES NOT apply to Scotland.

The new Building (Scotland) Act 2003 is now in force.

See it at
http://www.sbsa.gov.uk

If you do anything (extension, conservatory, loft conversion etc., move walls ) you will probably need a building warrant. The council have the power to make you put it back the way things were. They are generally excellent- but don't try to pull a flanker-it will not be looked upon gracefully.

HugoSP

Thanks Baldelectrician for the useful addition.

Never having worked in Scotland I must conceed I have no idea how the scottish system works

Nile

Thanks for the information HugoSP, I hope it proves useful to our members. I'll make the thread sticky.

Regards

Nile

nelly_2

HugoSP wrote: »

Same rules - different interpretations maybe

Quite possibly yes.

red40

Excellent post Hugo!

I nearly got caught out with planning and the single storey extension that was built onto the back of my house. In fact it worked the other way, in that I didn't need planning permission only building control.

I drew plans up and submitted my planning and building regs applications for a kitchen extension. To cut a long storey short, my wifes uncle came around (he's an architect) for a visit and I showed him the plans, he told me that if I drop the pitched roof down below the 4m, it would fall into the permitted development allowance. The roof on the original drawings was 4.1m.

I wrote to planning telling them this is my intention and the refunded my planning fee :T

HugoSP

0.1 metres - that's 4 inches!

I'm surprised the council didn't spot that one first.

TBH even if you kept the roof height the same they would probably have turned a blind eye to it.

Smarty_pants

My house is situated in a conservation area and is covered by an Article 4. I am planning on getting double glazing and contacted Planning Dept to ask if I could go ahead with the works. They informed me that I would need to submit a planning application for such work. I have almost completed the forms and had some contractors for double glazing round for quotes yesterday and the Anglian representative said that I did not need planning permission. This would make sense to me as I've checked the planning register and although many houses on my road has double glazing there are no applications at all.

Having read your post and going onto my council's website regarding planning and building regs, it does confirm that I do need building regs for double glazing, so I will be contacting them tomorrow to get further information.

Also, it mentions that if you replace your boiler (which I did 18 months ago) I should apply for building regs, oh dear .

Anyway, after reading your post I've learnt more but my pocket will be getting lighter with all that I have to shell out!! :eek:

Debt_Free_Chick

Booklet explaining the process of Building Control

Detailed technical information on Building Control

Overview of the entire planning system

More detail on the planning system but don't forget to look at your Local Planning Authority's Local Development Framework - usually available on your local Council's website.