Guidance on choosing the right building regulations application type
These notes are for general guidance only, particulars regarding deposit of plans are contained in Regulation 13 (Submission of Building Notices), Regulation 14 (Submission of Full Plans Applications), and Regulation 21 (Regularisation) Building Regulations 2010.
The type of application for building control approval to inform the local authority of building work etc., is restricted to certain building types.
Building Notices
A building notice may be submitted for domestic properties, but cannot be used where;
(a) The building is or contains a ‘workplace; under Regulatory Reform (Fire Safety) Order 2005 which includes offices, shops, factories and hotels. With these types of buildings we are required to consult with the fire authority meaning a Full Plans application must be submitted.
(b) The building work is over or near a public sewer
(c) The building will front onto a private street.
Full Plans Applications
Please remember that if you are in any doubt as to the knowledge or expertise available to you to carry out the proposed work, it may be preferable for you to make a Full Plans application. This will give you the additional security of knowing your plans have been thoroughly approved by us in advance.
Under a Full Plans application a decision must be determined within 8 weeks of validation where an extension of time is agreed. If you do not consent to an extension of time the application must be determined within 5 weeks of validation unless an extension is later agreed.
From the 1st of October 2023 a further extension beyond 2 calendar months may be agreed where it is appropriate for the scheme.
Section 16 of the Building Act 1984 provides for the passing of plans subject to requirements/conditions. These may specify further modifications to the deposited plans and/or that further plans shall be deposited.
Regularisation
If the work has been substantially commenced or is complete a regularisation application may be submitted for retrospective approval.
Additional information will also be required to accompany your application for building control approval, depending upon the work proposed.
Your building regulations application must be made a minimum of 48 hours prior to the commencement of the works.
High Rise Buildings
From the 1st of October 2023 all Building Regulations applications for High-Rise Buildings must be made to the Building Safety Regulator who will be the Building Control Authority for building work relating to the following buildings:
• A residential building (2 or more residential units) with a top floor that is 18m or above ground level, or at least 7 storeys
• Hospitals or care houses with a top floor that is 18m or above ground level, or at least 7 storeys
This application cannot be used for building control approval applications for higher-risk building work or stage of higherrisk building work or for work to existing higher-risk buildings. Make an application for building work to higher-risk buildings online (GOV.UK).
Additional guidance notes
Building over or adjacent to sewers
Please note that as of 1st October 2011, the drainage to the property has been adopted by Thames water. This means that a formal approval from the Water Authority may be needed to build over or adjacent to any sewers. For further information on this, please visit Building over sewers or public drains | Help | Thames Water.
If work is not commenced
If work is not commenced within three years of depositing the plans to Building Control, the Council declare that the deposit of plans is of no effect under the provisions of Section 32 of the Building Act 1984.
A Building Notice is valid for three years from the date the notice was given to the Council, after which it will automatically lapse if the building work has not commenced.
Town & Country Planning Acts
If you are proposing to carry out building work or make a material change of use of a building please note that permission may be required separately under the Town & Country Planning Acts.
Party Wall
If your proposals involve works to, or near to a Party Wall or boundary, The Party Wall etc. Act 1996 may apply to you. You are advised to consult a qualified Party Wall Surveyor. For more information on Party Walls, please download a copy of The ‘Party Wall etc Act 1996’ explanatory booklet.