Home Resident General Advice and Guidance

General Advice and Guidance

General Advice and Guidance

Most people understand that they may need Approval for their proposed building work or alterations they carry out to their property.  However, they do not always understand what the differences are between Building Control Approval and Planning Permission.

The Building Regulations and Planning Permission are separate pieces of legislation.

Building Control is responsible for the enforcement of Building Regulations (a set of legal construction standards).   Building Control is concerned with the safety and health, welfare and convenience of people in and around the buildings, the protection of the environment and promotion of sustainable development.  These standards include requirements on structural stability, fire safety, energy conservation and accessibility.

Planning legislation seeks to guide the ways our towns, cities and countryside are being developed.  This includes the use of land and buildings, the appearance of buildings, landscaping considerations, road access and the impact any development will have on the general environment.

For many types of building work, separate permissions for both Building Regulations and Planning will be required.  For other building work, such as internal alterations, only a Building Regulations Approval would be needed.

If you are in any doubt about what permissions, you require you should contact your local Building Control and Planning Departments before commencing work to seek advice.

  • Erecting a new building or extending, or altering, an existing building
  • Changing the use of a building (e.g. house to offices)
  • Converting a roofspace or garage

Carrying out structural alterations such as: 

  • replacing existing walls, floors, roofs, or stairs
  • making two rooms into one, or one room into two
  • removal of a chimney breast
  • installing cavity wall, roof, or floor insulation
  • drylining walls or lining walls/ceilings with sheeting or boarding
  • converting a conservatory roof to a tiled or slated roof

Provision of services or fittings, for example: 

  • installation of central heating
  • Installing or replacing a stove or boiler
  • replacement/relining flues
  • installation of new sanitary appliances (not replacement)
  • installation of solar panels on controlled buildings
  • installation of heat pumps

You may not need to make an application for some work but they will still need to meet the Building Regulations standards.  You must make sure the builder or contractor constructs them correctly.  Even if you do not need to make a Building Control application you may need planning approval.  Please check this with our Planning Service.

Some examples of works that are exempt from requiring a Building Control application are:

Conservatories – a room is defined as a conservatory if more than three-quarters of its roof area and more than one-half of its external walls are made of translucent material such as glass.  Conservatories do not need an application if the:

  • floor area is less than 30m
  • area is separated from main building by exterior quality doors to retain the thermal performance of the building
  • construction gives resistance to moisture and other ground contaminants that may be required by Part C of the Building Regulations
  • safety glazing is used if needed (Part V of the Building Regulations), and
  • heating is not extended into it and a fixed heating appliance is not installed
  • you need to make a Building Control application to convert an existing conservatory roof into a solid tiled or slated roof

Porches – a domestic porch must have a door into the building and an external door out of it.  Porches do not need an application if the:

  • floor area less than 5m²
  • construction provides resistance to moisture and other ground contaminants that may be required by Part C of the Building Regulations
  • safety glazing is used if needed (Part V of the Building Regulations), and
  • heating is not extended into it and a fixed heating appliance is not installed

Greenhouses – Domestic greenhouses are exempt.  You may need planning permission for a domestic greenhouse.

Carports – you do not need an application if:

  • it is open on at least 2 sides and has a floor area of less than 30m²
  • the covered area or covered way has a floor area less than 30m²

Small Detached Building – you do not require an application if:

  • detached single storey building with a floor area up to 15m², not used for sleeping and which is at least 1m from a dwelling
  • detached single storey building (such as a domestic garage) with a floor area up to 30m², not used for sleeping and is either 1m or more from any dwelling or boundary, or else constructed substantially from non-combustible materials (such as with brick walls and a tiled roof)

If work is carried out without an application having been made you may be prosecuted.  Furthermore, should you wish to sell your property the purchaser’s solicitor will wish to see evidence of approvals.  If these are not available it may delay or prevent the sale.  You may apply for a Regularisation Certificate in respect of works carried out without approval.

It is possible in respect of unauthorised work carried out between 1 October 1973 and the present to apply for a Regularisation Certificate.  The regulations that were in force when the work was completed will apply to the work.