Frequently Asked Questions
What are the Building Regulations?
The Building Regulations are minimum technical standards set by the Government which cover the construction, extension and alteration of most buildings.
Why are they made?
To safeguard the health and safety of people in or around buildings.They also deal with energy conservation and access to facilities for disabled people.
What work is subject to Building Control?
Further Information about controlled works can be found here
For further advice you an call us on 01237 428724 or you can also check out the LABC Front Door website for advice on home improvements, including:
- Plumbing including adding new bathrooms
- Heating
- Loft conversions
- Work shops and sheds
- Extensions
- Removing a wall
- Replacing windows
- Working with builders and designers
The site has been developed by LABC who represent all local authority building control teams in England and Wales.
LABC Front Door have put together a list of frequently asked questions about home improvement projects. If you can't find the answer you're looking for you can use the Ask Anna service to submit your own general question.
Is my Allocated Inspector a Registered Building Inspector and how can i verify they are ok to oversee my project?
All Registered Building Inspectors undertaking restricted functions and activities as defined in the Building Safety Act 2022 are legally required to be registered with the Building Safety Regulator and only undertake works they are registered for. works can be undertaken for a higher classification but only if supervised by an appropriately Registered Building Inspector.
All Torridge District Council Building inspectors are registered with the regulator and their registration can be checked on the National Register
What are my Duty Holder responsibility's I need to be aware of before undertaking works?
For more information of your duties and competence requirements for design and building work under The Building Regulations please visit the Government's guidance on Design and Building Work requirements It is important you understand your duty's and responsibilities for undertaking controlled works.
We will ask you to declare and confirm details of the relevant Principal Designer and Principal Contractor at submission and completions stage and this information will need to be kept up to date if any of the parties change it is the Clients responsibility to let us know at the Earliest Opportunity.
Is Planning Approval the same as Building Control approval?
No - The Planning Process and the Building Control Process are two separate legal processes and permission for one doe's not mean permission for both. To check if you require Planning permission before undertaking works further information can be found Here
What must I do to obtain approval?
If your building work requires Building Regulation approval, there are two procedures to choose from:
- Application for Full Plans with Requirements
- Building Notice Application (Domestic works only)
For Application for Full Plans with Requirements, plans need to be drawn up by a principal designer, showing all constructional details and information for consideration. It will need to include a site location plan at 1:1250 scale. Upon review of the information provided we may ask for further information in order assess for compliance with a certain area. Once the information has been reviewed a formal decision will be issued within the agreed timescale.
For Building Notice procedure, Submission will need to include a site location plan at 1:1250 scale. Whilst no information needs to be submitted with the application this does not mean that the Registered Building Inspector cannot request further information to be submitted in order to assess for compliance. Building Notice cannot be submitted for projects where the use of the building is subject to the Regulatory Reform (Fire Safety) order 2005 or if a Public Sewer is identified within 3 Metres of the proposed Extension/New Build.
Please note: Registered Building Inspectors cannot give design advice for your project as that is not their role and it is down to the Client to carry out due diligence and ensure that the Designer and Contractor chosen is suitably competent and qualified to undertake the works required.
For information on avoiding rouge traders, Trading Standards provide advice on how to avoid Rogue Traders.
They also suggest using the Buy with Confidence Scheme which provides people in Devon with a list of local businesses which have given their commitment to trading fairly. Every business listed has undergone a series of detailed checks by Trading Standards officers before being approved as a member of the scheme to ensure that they operate in a legal, honest and fair way.
What happens if I do work without approval?
The local authority needs to see that building work complies with regulations. Sometimes building work has been completed without the correct procedures being followed. This can cause problems when the property is sold.
If you or a previous owner carried out work without obtaining permission, you may be able to apply to have this approved retrospectively. This is called a regularisation.
This is only possible for work carried out on or after the 11 November 1985.
You'll be asked for plans and calculations to show what was done and the work will be inspected. Please be aware that you may be asked to open up various areas of the building. This is so the surveyor can check things that have been covered up like beams, pipes and insulation. If everything appears to meet the regulations that were in place at the time the work was carried out, you'll receive a Regularisation Certificate.
If controlled works are currently underway or have been completed within the past 10 years without proper Notification to Local Authority or via an Registered Building Control Approver these works may be subject to formal legal enforcement under The Building Act 1984.
Do I have to pay anything for the service?
Yes, a fee is payable to Torridge District Council, unless the work is Disabled exempt (further evidence will be required to ensure it is a valid exemption). The Building Control department will advise you of the required fee and when the fee is to be paid and further information can be found Here.
Building Close to Neighbours and the Party Wall Act
Torridge District Council is not able to provide advice about Party Wall issues but you can find guidance on the LABC website.
The Party Wall Act is civil legislation where you can find more information on the Government website.
Party Wall information on .GOV.UK
Common Application questions
Do I need approval to convert my loft space?
Yes, a loft conversion is controlled works and an application to building control would be required.
Do I need approval to make internal alterations within my house?
Depends on the proposed works, If you are replacing a bathroom suite or a kitchen in the same location this would not require an application,
If the alterations are of a structural nature, involve the removal or part removal of a load bearing construction (for example, wall partition, joist, beam, chimney breast) or if, in altering a house the means of escape in case of fire is compromised in any way then an application would be required.
If you are unsure you need to seek the advice from a suitably competent Construction professional.
Do I need approval to install new windows in my house?
If you are using an installer who is registered with FENSA they will be able to register the installation. If the Installer is not FENSA registered then an application to Building Control would be Required.
Wood Burning Appliances
Wood burning appliances are best installed by a competent installer. The work is then covered under one of the competent person schemes.
If you choose not to use a competent person you will need to apply for Building Regulation Approval.
GOV.UK competent person schemes
As part of the application you will need to provide a signed copy of the checklist found in Approved Document J.
Further guidance on the installation of solid fuel stoves:
Radon
Radon is a colourless, odourless gas which is radioactive. It is formed within the ground where uranium and radium are present. It moves through cracks and fissures within the subsoil into the atmosphere. Or spaces under and in dwellings.
Where radon occurs in high concentrations it can be a risk to your health.
Exposure to high levels of radon may increase the risk of developing lung cancer.
There is a chance that the level of radon within dwellings could be high. To reduce the risk all new buildings need to incorporate precautions against radon.
You can find more information on radon on the Radon Maps website.
Building over sewers
If your proposed development will be within 3 metres of a public sewer, including lateral drains. You will need to gain permission from South West Water (SWW).
South West Water (SWW) website
As the Authority serves wide rural area Non mains drainage If you are unable to connect to a SWW sewer.
The Building Regulations lists the priority of connections.
1.You should connect to a SWW sewer if it is within 30m.
If a mains sewer is not available
2. is a connection to a private sewer.
If Mains or private Sewer options are not available
3. you can install either a septic tank or waste water treatment plant.
If Mains or private Sewer options are not available and the ground/location is not suitable for a septic tank or wastewater treatment plant
4. the provision of a cesspool.
Septic tanks and Waste Water Treatment plants
Notification to Building control is required for Installation/alterations of Drainage systems.
Septic tanks and waste water Treatment tanks need a drainage field. These can take up a significant amount of space. They need to be away from dwellings.
The drainage field also needs to be away from wells, boreholes or other drainage fields.
You must carry out a percolation test to determine the extent of soakaway required evidence will be required by the Registered Building Inspector.
The ground may not be appropriate for a drainage field.
Further details of requirements can be found in Approved Document H.
You must also check to see if you have met the requirement of the general binding rules of the environment agency. further information can be found here.
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