Building control - the basics

These are detached buildings, into which persons do not normally go or only go intermittently to inspect plant and machinery. The exemption applies only if the building is sited at least one and a half times its height either from the boundary or from any point of a building into which people can or normally go.

Greenhouses are exempt provided they are not used for retailing, packing or exhibiting. Hot and cold water supplies (when shared with or located in a non-exempt building) and any fixed electrical installations (from a source shared with or located within a dwelling) must comply with the applicable building regulations requirements. Agricultural buildings and buildings principally for keeping animals are exempt if they are not used as a dwelling, are at least one and a half times their height from any building where there is sleeping accommodation and have a fire exit not more than 30 metres from any point in a building.

Those which remain erected for less than 28 days.

• building site offices containing no sleeping accommodation
• Buildings other than dwellings or offices used in connection with a mine or quarry

• Single storey buildings where the floor area does not exceed 30 square metres, containing no sleeping accommodation and is constructed substantially of non-combustible material or sited at least one metre from the boundary (for example, detached single garage or shed)
• a detached building where the floor area does not exceed 15 square metres, with no sleeping accommodation, can be constructed of any material
• hot and cold water supplies (when shared with or located in a non-exempt building) and any fixed electrical installations (from a source shared with or located within a dwelling) must comply with the applicable building regulations requirements

• floor area must be less than 30 square metres
• hot and cold water supplies (when shared with or located in a non-exempt building) and any fixed electrical installations (from a source shared with or located within a dwelling) must comply with the applicable building regulations requirements

• must be open on at least two sides
• the ends can be counted as sides and doors/windows are allowed between the house and carport
• floor area must not exceed 30 square metres
• hot and cold water supplies (when shared with or located in a non-exempt building) and any fixed electrical installations (from a source shared with or located within a dwelling) must comply with the applicable building regulations requirements

A conservatory is exempt from building regulations as long as:

• the floor area is less than 30 square metres
• it is built at ground level
• it is separated from the habitable parts of the dwelling by external quality windows/doors
• any heating or cooling systems have independent controls/thermostat
• hot and cold water supplies (when shared with or located in a non-exempt building), glazing and any fixed electrical installations (from a source shared with or located within a dwelling) comply with the applicable building regulations requirements

For a porch to be exempt from building regulations:

• its floor area must not exceed 30 square metres
• it must be separated from the habitable parts of the dwelling by external quality windows / doors
• it must have independent controls / thermostat for any heating or cooling systems
• hot and cold water supplies (when shared with or located in a non-exempt building), glazing and any fixed electrical installations (from a source shared with or located within a dwelling) must comply with the applicable building regulations requirements

The Full Plans application is the most common type of application local authorities receive for building works. It requires detailed drawings to be submitted together with the relevant fee for the work being undertaken. The plans are checked and an approval notice is issued before work commences.

This process can take up to eight weeks dependent on the project, but in most cases it will be completed well before this.

The building notice is a simpler procedure generally used for minor works such as the removal of an internal load bearing wall, but cannot be used for commercial developments. A big advantage is that it allows work to start 48 hours after submission of the application as there is no plan checking involved before work begins.

For clarification on which application type would be suitable for your project and for information on the fees to be paid, speak to your local building control office.

Forgot to make an application - regularisation certificate

The lack of a completion certificate can affect your ability to use or sell a property. It may also affect your insurance and may put you at risk of legal action. However, if you have carried out work without a Building Regulations application you can apply to your local authority for a regularisation certificate.

Regularisation applications (applied to work carried out after 11 November 1985) can be a lengthy process, especially if extensive work is required to bring a building back up to standard. A regularisation application must be made to the local authority where the work was carried out. You'll need to provide full details and plans showing the work that was carried out along with payment of the relevant charge.

Once this information has been provided you may be required to open up and uncover the work so that it can be inspected and checked by the building control surveyor. Provided that the work is satisfactory a regularisation certificate will be issued.

We provide extensive pre-application advice at any stage to suit your needs.

• Most useful in agreement of issues such as fire safety design, means of escape in case of fire and access issues
• Facilitation of meetings between you, other departments and Beds Fire and Rescue Service

• full technical assessment of your scheme within 15 days from validation
• highly competitive fees
• receipt of electronic applications/plans
• formal decision notice issued
• qualified in-house structural engineer will check any structural details and calculations
• full formal consultation process with external bodies - Beds Fire and Rescue Service, Thames/Anglian Water Ltd, etc.

• Inspection requests made by 10am will be carried out on the same day. If you require a timed visit then you are advised to speak to the surveyor directly
• Inspection notification framework available for each individual project
• Qualified Building Control surveyors who will constantly be looking for cost effective solutions to regulatory challenges and who act with complete impartiality and flexibility
• Extensive and unrivalled experience on every conceivable type of project
• Issue of formal completion certificate when your project satisfies building regulation standards

Luton Borough Council Building Control complies with this government initiative to regulate standards within the profession.

Our Building Control Team is aiming to register under ISO 9001 2015 through LABC, which means that we will be constantly audited to ensure that we meet the service standards which are set out in our Customer Charter [pdf] 21KB

• All our building control surveyors are either professionally qualified and/or possess extensive experience. They regularly attend training seminars to ensure that they are up to date with modern methods of construction and ever-changing legislation
• We have a progressive approach to new materials and methods of construction and therefore can help you obtain the best possible value for money
• We make maximum use of modern technology
• We can guarantee that we will be at your service for many years to come
• We welcome and encourage customer feedback

We also offer additional consultancy services beyond the usual building control function, including:

• fire risk assessments
• disabled access audits
• design and project management
• energy/ environmental consulting:
• iSBEM (Simplified Building Energy Method) assessments
• certified BREEAM assessments
• SAP 2009 (Standard Assessment Procedure)
• review your designs and advise on how to achieve compliance with the minimum standards
required in Part L of the building regulations
• domestic and commercial Energy Performance Certificates (EPC)
• display Energy Certificates (DEC)
• area-weighted u-value calculations

1. Building Control inspections are not a substitute for Clerk of Works or Architect Supervision. It is essentially a series of third party spot checks intended to provide reasonable confidence that work complies with the Building Regulations but not definitive proof.
2. Responsibility for constructing in compliance with the Building Regulations rests with the owner who should carefully select contractors, designers, engineers and other professionals
3. Structural calculations submitted as part of the application will be risk assessed to determine the level of checking required. Where an engineer is professionally qualified, has indemnity insurance and is using established design methods, these calculations may receive just a cursory check or simply be accepted
4. Every effort will be made to ensure that the estimated hours for charging is consistent with the actual hours spent. Further payment may be requested should the actual service hours exceed the original estimated hours. For the purposes of this calculation, the first hour will be disregarded. This may arise where:
• The project turns out to be more complex than anticipated and additional time is needed to check construction details, e.g. structural foundation design once soil condition fully established
• The project is changed after initial plans check requiring addition checking time of details or calculations
• Calculations not produced to recognised methods require additional checking/consultant input
• The customer has requested a higher service level than quoted for
• After risk assessment of the professionals/individuals/company involved it is decided that the design or construction requires additional checking time to ensure compliance
• Additional inspections are requested due to site conditions or the contractor splitting the work into stages or phases
5. Where the actual service hours are less than originally estimated, the council may make an appropriate refund of part of the charge on satisfactory completion of the application. For the purposes of this calculation, the first hour will be disregarded
6. Charges assume work will continue at a reasonable speed through to satisfactory completion. Where no visit has been requested for a period in excess of 12 months we will automatically archive the file as 'non active' for the purposes of Building Controls Standards. If reactivated, it may be necessary to re-estimate the charge for remaining inspections to reflect current costs/hourly rate
7. Charges assume that the building work uses standard materials and construction techniques and that supporting details and calculations have been prepared using recognised industry standard processes
8. The council is tasked with ensuring continued improvement in the standards of building for health and safety and the conservation of fuel and power. Where a project has been dormant for a period where the Building Regulations have changed, the Building Control and Quality Place Making Manager reserves the right to apply new regulations particularly in respect of life safety
9. Refund of charges on cancellation of an application is at the discretion of the Building Control Manager. Any refund will take into account hours spent by surveyors and administration to the point of cancellations and a minimum of £40 will be retained
10. Applications remain invalid and of no effect until the plans fee has been received in full or where the fee cannot be agreed upon. We will write or contact you to advise that the application is invalid and what you need to do to validate it. If an application remains invalid for more than 28 days we may return it and refund fees paid minus any cost we have incurred (see i)
11. For certain work under the Building Regulations you will also need to apply for planning permission under the Planning Acts (You may have to pay extra for this). For more information, please phone the Development Control Team on 01582 546317