Building Regulations, Building Control & Competent Persons

What

There’s a whole regulatory framework in place for governing the construction and alteration of buildings.

Building Regulations

Building Regulations (Building Regs for short) are mandated minimum standards that apply to the design and construction of, and alterations to, most buildings.

There are different regulations that apply to each of England and Wales, Scotland, and Northern Ireland (links provided below but, as always, we’re focusing on England).

If you’re planning to undertake any building work, there’ll likely be various Building Regulations that’ll apply and you may need to obtain Building Regulations approval from Building Control. 

Regulation 3 sets out what constitutes “building work”. In summary:

  • Constructing, extending or materially changing the use of a building.
  • Providing or extending a controlled service or fitting (those are: sanitation, hot water safety and water efficiency; drainage and waste disposal; combustion appliances and fuel storage systems; conservation of fuel and power; electrical safety).
  • Materially altering a building or a controlled service or fitting.
  • Inserting insulation into cavity walls, and various other thermal and energy related works.
  • Work involving the underpinning of a building. 

A material alteration effectively means to have made the building or controlled service or fitting less compliant with the relevant Building Regs requirements. That in turn means that you can undertake alteration works provided that the new works comply with Building Regs requirements and the existing building or controlled service or fitting is not made less compliant with the applicable Building Regulations than it was before the work.

The Building Regs cover all sorts of things. As a very short overview summary, they relate to:

  • Structure
  • Fire safety
  • Site prep and resistance to contaminants and moisture
  • Toxic substances
  • Resistance to sound passage (i.e. acoustics)
  • Ventilation
  • Sanitation, hot water safety and water efficiency
  • Drainage and waste disposal
  • Combustion appliances and fuel storage systems
  • Protection from falling, collision and impact
  • Conservation of fuel and power 
  • Access to and use of buildings
  • Electrical safety
  • Security
  • Materials

If you’d like to see just how many requirements and specifications there are, and how detailed they can get, have a quick flick through this 1,500 page document that provides the Building Regs guidelines for England, as of March 2023.

There are certain exemptions to the application of the Building Regs. Probably the most relevant for residential renovations would be ground level extensions that only involve conservatories, porches, covered yards or covered ways or a carport open on at least two sides (i.e. an open garage) where the floor area of that extension does not exceed 30m2. Any glazing would still need to satisfy Building Regs requirements though. For further details, the Planning Portal sets out the exemption categories well.

In addition, generally you don’t need approval for most routine repairs, replacements and maintenance work (except heating systems, oil tanks, fuse boxes and glazing units), new power and lighting points or changes to existing circuits (except around baths and showers), and like-for-like replacements of baths, toilets, basins and sinks.

Building Regulations approval is different to planning permission and listed building consent. You could need all three.

Building Regulations also differ from quality of work standards. Several different contractors could each do the same works, with those works all being compliant with the Building Regs but with the quality of work having been done to differing standards. It’ll be up to you to ensure that the works are up to the quality you require and as agreed with any contractor or trade. 

You may have plans drawn (called Building Regs drawings) that reflect the requirements for the relevant Building Regs. Building Regs drawings are ordinarily your planning drawings merged with any structural engineer drawings and information, any drainage survey drawing and information, and then augmented with various Building Regs specifications. Your contractors will often use these to build to (or a version of these, augmented with further details concerning construction methods and materials to be used).

Building Regs Drawings Excerpt
Excerpt image of building regulations technical drawings showing the rear subterranean level of a house, depicting drainage and text highlighting how the plans comply with the relevant building regulations.

As the Building Regs are only mandated minimum standards, you can elect to specify higher standards and/or specify particular materials that you want used. For instance, instead of the drawings just laying out what the minimum Building Regs requirements are for use of insulation board in a loft conversion roof, you could specify a thickness greater than the Building Regs thickness requirement (achieving greater insulation than required) and/or that you want the contractors to use Kingspan insulation board over any other option. 

Building Control

The Building Regs are enforced by your local authority’s building control department (usually your council).

Local authorities’ building control departments (LABC for short) may seek fines against a person carrying out building works that contravene the Building Regs (up to 2 years after the completion of the works) and/or require the alteration or removal of the non-compliant works (up to 12 months after the completion of the works).

Also, you’ll be expected upon selling your property to produce certification that the works complied with applicable Building Regs.

Building control (aka building control bodies) also refers to persons authorised to assess compliance with the Building Regulations through checking and approving plans and conducting site inspections.

In England, these are either:

  • Your local authority building control (LABC), which is usually the building control department of your local council (you can find out here), or
  • An approved inspector, which simply means a private sector individual or company authorised to carry out building control work and is registered with the Construction Industry Council Approved Inspector Register. 

Competent Persons

For some types of work you can use a competent person scheme. Competent person schemes are a way for tradespersons to prove their ability to carry out certain work to the required standards, instead of having to apply for Building Regulations approval from building control. Tradespersons who are registered with a scheme can self-certify that their work complies.

Common works covered by competent person schemes are electrics (NIC EIC), plumbing (APHC), replacement of windows (FENSA), gas boiler installations (Gas Safe), and roofing work (NFRC). The government provides a list of schemes.

Why

Well, in a word: standards. 

Death Or Regulation

Imagine that you’re just back from the hospital, having been in for the past week with respiratory problems due to your home being ridden with damp and black mould.

You try to have a relaxing bath but you get scalded by the 80 degree water.

On your way down the stairs after trying to bathe, you hit your head on a low lying ceiling over the staircase and then fall down the rest of the stairs for the fifth time that month because each step is too high and too short.

You grab for the handrail of the bannister but it comes off in your hand and gets lodged into the hallway cavity wall releasing plumes of asbestos.

You take yourself off into the living room to hide under a blanket for the rest of the evening in a state of shock. The blanket only helps a little. You’re shivering. It’s incredibly cold because there’s no insulation in your crumbling walls and the glass is basically more like a thin sheet of plastic.

You’re glad for the new wood burner you had installed. You don’t realise that its emitting poisonous gas and you’ll be dead by 11pm though.

It doesn’t matter anyway because the socket that your kitchen microwave is plugged into is sparking wildly and is about to set fire to the house. There’s no realistic way you’ll be able to get out before the house burns down because of the way the doorways and any possible escape route were constructed.  

As frustrating as it can be having to comply with very numerous Building Regs, ultimately they’re there to protect us all from the multitude of risks to our health and safety that exist when we are in or near buildings. They also serve to raise standards by aiming to improve construction methods and construction material qualities and efficiencies.

When

So that you can begin to plan your overall project, and because general Building Regs need to be borne in mind when drafting any architectural planning application drawings, you or whomever is drawing your plans need to consider early on whether or not the works you plan to undertake will involve complying with any Building Regs.

Getting an understanding of the extent of the works and whether or not Building Regs will likely apply will also aid the decision as to whether or not you need to (or nevertheless want to) have full Building Regs plans drawn up. 

The Building Regs drawings process begins immediately following any planning application. You could get the Building Regs drawings work underway before you receive the green light from planning in order to speed things up but there’s a risk that plans change during the planning application stage. Firing ahead with Building Regs drawings before you have planning permission is called “proceeding at risk” by some professionals because, in the event that plans change, you’ll need to redo some or all of the Building Regs work and that can incur extra fees from the professionals. 

The Building Regs will also be relevant throughout the works phase. Good contractors and tradespersons should know what the relevant Building Regs are and execute the works at least in accordance with those minimum standards. If you have Building Regs drawings, they should do the works in accordance with those, which may just state the relevant minimum standards or require certain or all of the works to be done to a higher standard. Additionally, a building control inspector will inspect the works periodically and at key stages during the works phase to ensure compliance. 

How

Use each of the drop down list below to find out more about each step.

STEP 1 — Identify if any of the Building Regulations are going to apply to the work you plan to undertake

The Planning Portal has a handy list of common projects. If you go to that webpage and select the relevant link for the kind of works you’re planning, it’ll take you to a page that, on the left hand side, provides more specific information about both planning and Building Regulations requirements.

The local authority building control website also provides some helpful information on common projects.

If you have hired a professional to draw up your plans they should consider Building Regs and advise you accordingly. 

We also provide below under Useful Links various links to online resources that should be helpful.

STEP 2 — Engage competent persons and/or building control

If your works are subject to any Building Regulations, you’ll need to use competent persons and/or apply to building control for approval.

Using Competent Persons

If you’re only having work done that’s covered by competent person schemes, you can use the relevant competent person(s) only and not have to apply for any approvals directly with building control. 

When need be, the competent person will tell your local authority building control about work done on your behalf. They should also give you a certificate within 8 weeks of completing their works, which can be used as evidence of compliance with the Building Regs. The certificate should also show up in solicitors’ searches if you come to sell your property later on (or you’ll be asked to produce it where one should have been issued).

If you’re having other works done that require compliance with the Building Regs and those are not covered by a competent person scheme, then you’ll have to obtain approval from building control.

Often, for any significant renovations work, you’ll probably end up relying on competent persons for certain works and seeking approval from building control for the rest. 

Where building control is involved and certain works are covered by competent person schemes, building control will look to competent persons to self-certify that works they handle were done in compliance with the Building Regulations unless it’s arranged for building control to get their own specialists involved. Building control usually won’t issue a completion/final certificate until they’re in receipt of the relevant competent persons’ certificates. 

Using Building Control

If you need to seek approval from building control for any works, you’ll need to decide whether to use your LABC or an approved inspector.

Whether always true or not, there are some commonly perceived and cited pros and cons for each. 

  • Depending on your project and application requirements, going with an approved inspector can be much quicker.
  • The LABCs are public sector employees operating on a non-profit basis (you should be able to obtain current pricing from your LABC website) whereas approved inspectors operate in the for-profit private sector (get some quotes from local approved inspectors to compare). Therefore, you should generally expect the LABC to be cheaper. 
  • Approved inspectors tend to be regarded as being more responsive than LABCs though and may be able to do site inspections with less notice. 
  • Some argue that approved inspectors may be inclined to work harder and may have broader experience if they cover a wider geographic area than someone who has only worked locally for the LABC. 
  • Approved inspectors are also perceived to be less formalistic and more flexible. 
  • There is also possibly an argument for using an approved inspector who has a relationship already with some or all of the other parties involved in the project. 

That all said, it may entirely depend on who you get and, frankly, there are plenty of arguments as to why it’s more beneficial to you not to use someone who might offer a flexible approach (i.e. possibly less rigorous) and who might be interested in their relationships more than ensuring that standards are met properly. 

Ultimately, both LABCs and approved inspectors will be similarly qualified and generally work in the same way, checking any plans prior to works commencing, inspecting during works, and advising any changes that might be necessary. So go with what suits your needs best. 

Whoever you use, try to avoid conflicts of interest and take steps to counter any potential “light-touch” inspecting where you can. For instance, it might be wise to appoint building control yourself (especially if an approved inspector) rather than letting your contractor or other professional handle it. It’s probably even wiser to ask to be kept copied in communications involving building control. 

Remote Building Control

Another thing to be aware of is that it seems to be common these days (writing this in early 2024) for both LABCs and approved inspectors to rely more on emails, photos and videos from contractors and tradesfolk rather than going to the site to see things in person.

There is something to be said for this because it can keep costs down and make things more efficient. Just think of using Tinder though and the person you’ve lined up a date with not necessarily looking anything like their Tinder photos (not only when being catfished).

Even if your contractor is a good soul and trying their best, it’s unlikely that their photos or videos would cover everything in enough detail for building control to properly see and judge all that is relevant, although you’d hope the latter’s professionalism would lead them to ask for more evidence as and when necessary or useful.

There’s also the human perception issue though. Photos are 2D images and how something appears in a photo can depend entirely on light, angle and depth of field, etc. It can be tricky to judge relative dimensions too. Images can be perceived very differently to how they appear in reality. We’ve had first hand experience of this (with building works, not Tinder … or at least not only Tinder).

You may want to monitor accordingly and insist on in person site visits by building control where you think warranted or where photos and/or videos could easily be misleading (whether intentionally or not).

It’s worth adding that there’s also a question mark over pricing if a LABC inspector or an approved inspector rely on imagery rather than going to the site. Historically the fees charged included the costs and time of the inspector going to and spending time on site. You’d want to avoid ruffling feathers and causing relationship issues unnecessarily but it may be worth raising this and trying to reduce costs where fees haven’t reflected the lower costs to the inspector.

STEP 3 — Apply for building control approval as needed and ensure that building control has the opportunity to do what they need to do

Both LABCs and private approved inspectors will consider the same types of building control applications. There are two procedural application options for each.

Using a LABC
Option 1 — Full Plans Application

You can elect to submit full plans with details of the proposed building works for approval before the works are carried out. 

Various online resources often state that, in the residential context, this approach is really only for large projects, new builds or changing the use of a building, with the building notice application being for smaller projects (even including loft conversions and the like). 

If you’re thinking of using your LABC, it’s best to check its website and/or get in contact to find out what they recommend. For instance, our LABC is currently Waltham Forest council. Its website says the following:

  • Full plans applications are for significant works such as:
  • New buildings
  • Extensions and significant alterations to your building (including extensions and loft conversions)
  • Your building use is changing
  • Building notice applications are for minor building works such as:
  • Chimney breast removal
  • Re-covering of roofs
  • Installing a new bathroom
  • Converting your garage to a room
  • Forming a through lounge
  • Replacing windows

Upon making a full plans application, your LABC will check the plans and consult other relevant authorities if needed (fire, sewerage, health, etc).

It should issue a decision within 5 weeks or, if you agree, a maximum of 2 months from the application date. 

If plans are deemed to comply with the applicable Building Regulations, a notice will be issued stating that they have been approved. You may be asked to make modifications or submit further information or plans before you get to that point though. If the application is rejected then the reasons will be stated in the notice.

A full plans approval notice is valid for 3 years from the application date. 

The LABC will then provide an inspection schedule and ask to be notified at each of these stages in order for inspection to take place. The number and frequency of inspections will depend on the nature of the works being undertaken. Typically they will take place at key stages such as:

  • Commencement of works
  • Excavations (before filled)
  • Foundations
  • Damp proof courses and damp proof membranes
  • Underground drains
  • Key structural stages (floors, steels, roofs, etc)
  • Insulation
  • Completion of all works

As a word of warning, it may be easier to let a building control inspector liaise directly with your contractor and just entirely take a back seat but you should really keep a close eye on when each of these stages occurs and whether or not the inspector has been given sufficient notice and the opportunity to properly inspect the relevant works. 

If an inspector hasn’t been able to inspect the relevant stage of works, it can easily result in work having to be undone and/or cause delays and result in extra cost. The acceptance of photos and videos these days alleviates these concerns somewhat (that approach has its own issues as discussed above) but, whatever way things are done, you’ll still want to ensure that each stage has been properly checked. 

Where the LABC is satisfied that the works comply with the Building Regulations, it will issue a “completion certificate” after completion of the works. 

It’s worth adding for clarity that building control inspections are carried out to check, but not to guarantee, that the work complies with the Building Regs. A completion certificate does not therefore necessarily guarantee that all works fully comply with the Building Regs nor do they attest to general build quality standards. Additionally, not all works done will be subject to Building Regs either.

If you’re using Building Regs drawings and those specify standards or materials beyond minimum Building Regs requirements, you’ll also want to keep a close eye on whether or not those have also been met. You can discuss with the LABC as needed but an inspector is not a clerk of works whose job it is to ensure that build quality standards are met and that specified materials are used. Accordingly, you may want to consider engaging a clerk of works, covering that role yourself or asking whomever is projecting managing to handle it if that’s an option.

You might instinctively think that having to submit full plans upfront and wait at least 5 weeks isn’t worth it but it is the most thorough option and plans will have been fully vetted which could make life a lot easier later on. It ultimately should provide better assurance that your project will be in compliance with the Building Regs and that the standards set out in your plans have been met. 

Option 2 — Building Notice Application

If you don’t want to submit a full plans application, you can alternatively elect to submit a building notice.

Work can start 2 days after your notice has been submitted to your LABC. 

You do not get formal approval like you do with full plans. The LABC will only approve the works as they are carried out by inspecting certain works as they are done (i.e. the key inspection stages set out above). 

Where the LABC is satisfied that all of the relevant works comply with the Building Regulations, it will issue a “completion certificate” after completion of the works.

The building notice application therefore puts you more at risk because you’re reliant on approval only as works are completed, and that in turn puts a lot more of a burden on your and/or your contractor’s shoulders in terms of knowing which Building Regulations are relevant and ensuring that the works are at least up to those standards. It’s also worth considering that proceeding without a full set of agreed drawings could easily result in more disputes. That said, whichever professional you are using for your drawings could produce Building Regs drawings setting out what needs to be done for which works for those works to at least achieve the minimum standards. Those would then be used by the contractor (they generally want these drawings anyway for anything other than very minor works). This is still not necessarily equivalent to the full plans option though because those plans won’t have been blessed by the LABC in advance of the works commencing and the contractor won’t necessarily have to then closely follow those plans.  

If you go for the building notice route, watch out in particular for whoever is handling your drawings and for contractors and/or tradesfolk who may, unwittingly or not, be in over their heads in terms of their knowledge of the Building Regs and the relevant processes. For instance, we know first hand of examples where the Building Regs process had been left entirely in the hands of contractors who didn’t really know what they were doing, who didn’t coordinate with the building inspector properly and who didn’t have building control check the works at the appropriate stages, and then ultimately couldn’t get approval from building control. One example resulted in very significant extra costs, hassles and lost time over the subsequent 2 years trying to resolve the issues and get a completion certificate issued.

Building notices cannot be used:

  • For building work to which the Regulatory Reform (Fire Safety) Order 2005 applies (generally commercial or industrial buildings)
  • For building work close to, or over the top of rain water or foul drains
  • Where a new building will front onto a private street
Using an Approved Inspector

The approaches taken by the approved inspector mirror that of the LABC. 

Option 1 — Plans Certificate Application

You can submit full plans to the approved inspector and ask her or him to issue a plans certificate. In reality, the plans certificate route is not used often.

The approved inspector will review plans, consult with other experts and authorities as needed and then bless your plans (or get you to change them as needed), which the LABC then accepts or rejects. 

The approved inspector then inspects the key stages of the works and, all going well, issues what they call a “final certificate”. 

The final certificate is effectively the same as the completion certificate of the LABC and will be issued within 8 weeks of completion of the works. 

Option 2 — Initial Notice Application

The much more common option is the Initial Notice route. 

When you appoint an approved inspector, they will send what is called an “initial notice” to your LABC. This formally notifies the LABC of the proposed works and that the approved inspector will take responsibility for inspecting Building Regs compliance. 

You may not commence any work on the project until the initial notice has been accepted and acknowledged by the LABC (which should ordinarily only take 2 or 3 days) or until 5 working days have passed since it was submitted to the LABC.

As with the LABC building notice style approach, the approved inspector won’t formally bless plans in advance and instead blesses each key stage through inspections. The reality is though, and this is partly why not many people go for the plans certificate option, you’ll likely need building regs drawings prepared and the approved inspector will review these prior to work commencing anyway. If you don’t have building regs drawings, you’ll need to ask the approved inspector what they will require. That’s likely to at least be architectural drawings and structural engineers drawings and specifications.

All going well, the approved inspector issues a “final certificate” within 8 weeks of completion of the works. 

Regularisation

If you somehow entirely miss the approval boat or need to get approval after the works have already been done for some other reason, you can apply to your LABC for what’s called regularisation. 

Regularisation is retrospective approval for work already carried out without consent.

Inspections may (and probably will) need to be carried out to determine whether or not the work complies with the Building Regulations. This can get messy and can be expensive. The only way an inspector can retrospectively conclude if certain works have been done in compliance with the relevant Building Regs may involve opening up the works, carrying out tests and/or sampling materials, etc. Take insulation as an example. It may be necessary to remove sections of your walls and ceilings (i.e. the plasterboard and any plastering and decorating work). 

Once the inspector is satisfied that the works have been done in accordance with the relevant Building Regs, a regularisation certificate will be issued. 

Of course, if they deem that some or all of the works have not met the relevant standards then, well, you’re in more trouble. You could face enforcement action and/or significant problems later on if you go to sell the property and/or very significant extra costs to rectify whatever problems there are to get to the stage of receiving a completion certificate. This is why it’s vital that you find out if your works will need approval and to ensure that happens by planning ahead and working with good professionals.  

Fees

Sorry, as usual with fees stuff, fees are generally variable and so it’s basically not possible to provide particularly useful indications. They change periodically and vary from party to party as well as often being based on what works you plan to undertake. 

We can say that:

  • For LABCs, you should be able to find out their current fees from their website, which change annually, and those will provide you with the benchmark you need.
  • For example, our current LABC is Waltham Forest and its fees are on its website. For residential properties, and for early 2024 when we wrote this, it charges fixed fees for the common projects within certain parameters (loft conversions, extensions, underpinning, minor interior structural changes like knock-throughs etc).
  • Your LABC’s pricing may differ and may instead be based on one or more of your expected budget for the build, the type of work, or the size of building or proposed extension, but you should be able to get clear LABC costings from its website or by contacting someone from the LABC department.
  • For approved inspectors, often fees are based on the expected budget for your project.
  • Some will have different approaches though and may factor in type of work and/or total area to be added.
  • You can usually negotiate.

STEP 4 — Get your Building Regs certifications and keep them safe!

The final step is to ensure that you’ve received the various certifications that you expect to get:

  • If using a LABC — any full plans certification or notice and the completion certificate.
  • If using an approved inspector — their initial notice (to the LABC), any plans certificate (if requested) and their final certificate.
  • If using any competent persons — their self-certification under the relevant competent persons scheme.

Keep them in a safe place (and if digital, best make digital copies and save them on a couple of different devices and/or in the cloud). You’ll need them if/when the time comes to sell your property.

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