BIRMINGHAM PROPERTY ESTATE AGENTS

Property Regulations

The regulations

Building control protects you and the general public by ensuring that buildings are safe and healthy places for people to be in. The regulations apply only in connection with a building. Freestanding garden walls, fences, paths or drives aren't covered.

This department is also responsible for checking that any building work is energy-efficient. Comprehensive regulations are laid down concerning materials and methods of construction, assessment of plans and mandatory site inspections confirm that the building work you undertake conforms to current requirements.

Planning and building

Major building work will always require a plan and the services of a building surveyor, building technician or architect, all of whom should be aware of the current regulations, the required inspections and how they apply to the work you're undertaking. These regulations are updated annually and mean that any builder must conform to certain standards of construction and workmanship.

Planning regulations determine what you can build. Building regulations control how you must build it. Granting of planning permission doesn't mean you've received building control approval and vice versa.

Both of these departments are based at your local council. They're usually helpful, informative and reasonable. They're there for your protection and that of your neighbours.

Planning permission

The planning system is designed to protect the environment in the public interest, not one person's interests over another. If you build something that needs planning permission without obtaining permission first, you may be forced to put things right later, which is not only troublesome but also potentially costly. In extreme circumstances you could be required to remove unauthorised building. It's quite a logical and fairly transparent system.

When do I need planning permission?

Certain types of changes can be made to your home without planning permission. These rights are called 'permitted development rights'. Specific advice on your situation should be sought from your building surveyor, technician or architect.

For information on listed buildings and conservation areas, see our section on Renovating rules and regulations.

General repairs, replacing like with like, without altering position, size, construction or materials used, are exempt. If in doubt about whether building regulations apply to the work you're contemplating, check with your local building control office.

How do I get permission?

If you decide that the work you're considering falls under the remit of buildlng regulations, there are two methods of applying for approval.

Full plans. Major work will require the submission of fully detailed plans, specifications, calculations and other supporting details to enable the building control surveyor to ensure compliance with the regulations.

The amount of detail depends on the size of the project. A formal notice of approval or rejection is issued within a legally set period of five weeks. The work is then inspected periodically as it progresses; there's a legal requirement for certain stages of the work to meet approval before you may proceed.

The approved plans give you a degree of protection provided the work is carried out in accordance with those plans. The inspectors are generally able to offer advice and help throughout the construction phase.

Building notice. This is generally less often used and relates to smaller projects. A full plan is not required. It's used where only a very small amount of work you're contemplating falls within the scope of the Building Control Office.

BIRMINGHAM PROPERTY ESTATE AGENTS