What is the difference between Planning and Building Control?
If you want to carry out building work, you may require both Planning Permission and Building Regulations approval. Planning and Building Control are separate; if you get one you are not guaranteed the other.
If a Building Regulations application is not required for proposed works, you must nevertheless ensure that you have checked whether planning permission or Listed Building consent is necessary.
Planning has more to do with the appearance of a building or an extension to a building and how it relates its surroundings.
Building Control aims to see that the building satisfies its functional requirements and provides reasonable health, safety and comfort for the building users.
» For more information, see “What is Building Control?”
What work requires the submission of a Building Regulations application?
1. The construction of a building which is a dwelling or workplace,
2. Extension or material alteration of a building which is a dwelling or workplace,
3. Converting a building to a dwelling or workplace and
4. Extending or altering a controlled service, e.g. drainage or a heating system that uses a gas, oil or solid fuel.
How do I submit a Building Regulations application?
There are two main types of Building Regulations application procedure: the full plans application and the building notice application. These are explained in more detail in our introductory note on how to submit a building regulations application
Do I have to pay for the service?
A fee or charge is payable to the local authority unless the work is exempt from control.
» View Building Control fees
Can a planning application and a building control application be submitted at the same time?
Yes, although separate applications and fees are required. In practice, when both planning and building control applications are required for a proposed development, most applicants do not submit a building control application until planning permission has been granted.
Do neighbours have the right to object to what is proposed in a Building Regulations application?
There is no requirement to consult neighbours under the Building Regulations proposal. However, it would be courteous to advise your neighbours of the proposed works.
If the proposed works are subject to the provisionsof the Party Wall etc. Act 1996, your neighbours may need to be informed. Further information on the provisions of this Act is to be found in our brief introductory guidance note and in the booklet produced by the government, which is normally available at Reception and can be viewed at the Department of Communities and Local Government website.
If an application for planning permission is made, neighbours who may be affected by the proposal, have the right to object to the proposal.
What works are exempt from control?
Various classes of building work listed in Schedule 2 of the Building Regulations are exempt. Examples are some conservatories, porches and detached garages.
For further details see our other guidance notes on exempt buildings and works, conservatories and porches.
Do I need an application for converting a house to flats?
Yes. Applications are required for both planning and building control.
» More on converting a house to flats
Do I need an application for carrying out structural alterations within my property?
Yes, if the works involve removing some or all of a load-bearing element.
If the works affect the means of escape in the event of fire or other emergency, an application will also be required.
If the works are to a historic or listed building or to a building in a conservation area, Listed Building consent may be required.
» More on conservation areas and listed buildings
Do I need to submit an application for replacing windows?
Yes, unless the installer of the replacement windows is FENSA registered. See our guidance note on replacing windows for more information.
What roofing works require an application?
Any building that is listed or in a conservation area may require an application for Listed Building consent for roofing works, especially if it involves changing the appearance of the roof.
If a roof is being recovered with a material substantially heavier or lighter than the original covering, an application is required. For example, here a roof was originally covered in natural slate and is being re-covered in either concrete tiles or artificial slate, an application is required.
The re-covering of a flat roof does not normally require the submission of an application. However, if the loading on the roof structure is being significantly altered, e.g. by providing machine plant or a roof garden, an application is required. In such a situation the structure needs to be assessed to determine if it is capable of safely taking the increased loading and if the roof will need to be strengthened. The strengthening should be designed by a suitably experienced professional.
The renewal of fixings and flashings does not require an application.
Refer to the separate guidance note on re-covering of roofs for more information.
Do I need to submit an application for excavating a basement or enlarging an existing basement?
Yes. A building Regulations application is required. If the premises is a workplace a full plans application is required.
If the property is in a terrace or semi-detached, The Party Wall etc. Act 1996 imposes a requirement for consultation with adjoining owners and leaseholders.
Planning permission under the Town and Country Planning Act’s and the consent of Environmental Health may be required. Work should not start until all necessary permissions have been received.
Structural details designed by an engineer are required
» More on conversions of basements
Why is the water authority consulted regarding some building works?
If the proposed works involve building within 3 metres of a sewer laid before 1/10/1937 and shown on Thames Water Utilities (TWU) map of sewers, TWU’s agreement is required. For further details see our guidance note on building over or near sewers.
Must I consult the local authority if I am going to demolish some or part of a building?
Yes. Further details are to be found in our guidance note on demolitions.
What can I do if I have carried out building works without submitting an application?
You could apply for a regularisation application if the works have been carried out since the 1 January 1985.
Submitting an application does not automatically lead to a certificate being issued, as we may need some of the works exposed for inspection and additional measures to ensure that the works are adequate.
Do I need an application to build a garage?
A Building regulations application will not be required if the proposed garage is detached, single storey, less than 30 square metres in internal floor area and either a metre or more from any boundary or constructed from non-combustible materials.
Planning permission or listed building consent may be required, irrespective of whether a Building Regulations application is required. This point should be borne in mind whatever the proposal.
Is an application required for a carport?
No. If the area of the proposed carport or canopy is less than 30 square metres and open on at least two sides, a Building Regulations application is not required.
Do I need an application to build a conservatory or porch?
No. Provided certain criteria are satisfied, a Building Regulations application is not required. The criteria for exemption are set out in separate guidance notes on conservatories and porches.
Do I need an application to build a small detached building on my land?
No. Provided the building is less than 30 square metres in floor area, contains no sleeping accommodation or foul water drainage and is either constructed of non- combustible materials or more than a metre from a boundary. See the separate guidance note on exemptions for more details.
Do I need an application to install insulation in the cavity walls of my house?
Yes. But if you use an approved installer, they will normally submit a Building Notice application as a matter of course.
Do I need an application to carry out repairs to my house or flat?
No. If the repairs are of a minor nature or replacing like for like, a Building Regulations application is not required. This includes replacing small areas of brickwork, repointing, plastering, rendering and replacing a felt flat roof.
How long does an application remain valid for?
Building Regulations applications remain valid for three years after the date of submission. Planning permission also remains valid for three years.
If the applicant wants to start the proposed works more than three years have elapsed since the date of submission of the application, a new application is required and the works must comply with the standards that are current at the date of the subsequent application and not those current when the original application was submitted.
Once works have started, there is no limit for completing the works. However, you should periodically update the local authority of the progress of works and contact them once the works are completed or occupied.
How soon can works start after submitting an application?
Legally you can start two working days after submitting a Building Regulations application.
However you must have given written notification of your intention to start works and have obtained any other necessary consent’s such as planning permission or permission from the water authority to build within three metres of a public sewer.
You should also be aware that in starting works at short notice, you are doing so at your own risk. If there has not been a reasonable opportunity for the details submitted to be vetted and for the local authority to consult with other bodies such as the London Fire Brigade, Thames Water Utilities and the Environment Agency regarding the proposal.
At the end of the day, it is the applicant’s responsibility to ensure that the works comply with the Building Regulations and any other relevant legislation.
At what stages of building works must I notify Building Control?
Commencement, excavations for foundations, foundations concreted, damp proof course, oversite preparation, drainage as laid (and before backfilling), drainage when on test, and completion or occupation.
There are other elements of construction, such as floor joists, roof timbers, beams and their bearings that should also be inspected before they are covered up.
What will happen if the necessary inspections have not been arranged and carried out?
The local authority could use its powers to have parts of the works opened up for inspection.
You should also bear in mind that a Certificate of Completion may not be issued unless all the necessary inspections have been carried out.
This could prejudice a future sale or lease of the property.
Note: This information was reviewed in October 2008.
Contact us
Building Control
Environment and Regeneration
Waltham Forest Council
Sycamore House
Forest Road
London E17 4JF
Tel 020 8496 3000
Email building.control@walthamforest.gov.uk
