Mortgage lenders will not lend money secured against a house with unauthorised works, so you may not be able to sell your house, or remortgage. Before lending money a lender will check our records to see if there are any unauthorised works at the property. Also, the Council, as enforcing authority for the Building Regulations, may take action through the courts.
Types of applications
- Building Regulations Approval Application
- Building Notice Application
- Regularisation Certificate Application (for retrospective unauthorised work)
There are two ways of making an application for new projects depending on the type of work in question, for example a Building Regulations Approval Application and Building Notice.
If you have already started or completed building work without prior approval, you are legally required to apply for a Regularisation Certificate to ensure the work complies with building regulations.
Building Regulations Approval Application
Where any of the following types of building work are to be undertaken, the submission must be in the form of a Building Regulations Approval application:
- where the building use is either designated under the The Regulatory Reform (Fire Safety) Order 2005 and where the proposed work would adversely affect provisions for means of escape and/or access and facilities for the fire service.
- work which includes the erection of a building fronting on to a private street.
- a new building or extension or underpinning of a building over or within three metres of the centreline of a public sewer (or any drain/sewer shown on the sewage undertakers map of sewers).
In order to obtain formal approval before the work begins, you can submit a Building Regulations Approval application. Decisions can take up to five weeks but are usually given much sooner and an extension of time may be agreed. Full details covering all aspects of your proposals should be submitted for approval by way of plans (see plans checklist for more information).
Your application, fee and any block plan must all be submitted at least 48 hours before the work begins.
When making a Building Regulations Approval application you should enclose the Site location/block plan, proposed and existing plans, proposed and existing elevations, specification, structural calculations and other supporting documents related to your project.
We aim to acknowledge your application within five days, letting you know if for any reason it is incomplete. Once processed, an Registered Building Inspector will be allocated to your project.
If your application has major contraventions of the Building Regulations, we may reject it. However, we will approve it whenever possible, potentially with conditions requiring additional information or minor changes. If you or your agent disagree with our decision you have the right to appeal.
Building Notice Application
Domestic alterations and extensions. You may submit a Building Notice application giving brief details of your proposal, with relevant drawings/plans (see plans checklist for more information). Your application, fee and any block plan must all be submitted at least 48 hours before the work begins and you must notify us following minimum 48 hours after submitting a valid application. You may at the same time, submit a commencement notice.
To view the merits of each type see making a Building Regulations application (PDF, 56KB)
Notifications, site conditions and variations
A person who proposes to carry out building work shall not start that work unless that person has given the relevant Building Control body notice of intention to start work and at least two days have elapsed since the end of the day on which the notice was given (see Regulation 16). This notification allows Building Control to schedule and conduct the necessary inspections to ensure compliance with building standards.
The Notice of Commencement is an additional stage where Building Control must be notified, known as the deemed commenced stage. According to Regulation 16 (3C) of the Building Regulations 2010, it is a legal requirement to notify Building Control within five days after the work has commenced.
With both types of application, particularly for Building Notices, there may be occasions where site conditions reveal unforeseen factors which may lead to additional expenditure. It is advisable to make allowance for this in setting a budget for the project. However, for straight forward construction works necessary to satisfy Building Regulations should already have been taken account of by the builder and should not generally be subject to additional cost.
Regularisation Certificate Application
You can apply for a Regularisation Certificate in accordance with Regulation 18 for retrospective approval of unauthorised building work from a Local Authority Building Control Body.
As the enforcing authority for Building Regulations, the Local Authority has certain powers and responsibilities regarding such works and may take enforcement action. However, it may be possible for you to make a retrospective application to cover these works through a Regularisation Certificate.
Data Protection
Persons submitting information for Building Regulations and allied purposes are advised that information you give us will be held on computer or manual record, which you have a right to see and check. The information is used by the council to fulfil its statutory obligations, may occasionally be used to obtain feedback on the building control service, and in connection with the prevention and detection of crime and fraud. The council also retain and archive a copy of the information submitted. Such archives are made available for inspection by persons with bona fide reasons, such as building owners and prospective purchasers. All legal obligations regarding copyright and so forth are observed.
Subject to the above exceptions, information is not passed to other persons or organisations. The council's obligations under the Data Protection Act 1998 are explained in the leaflet "How to see your records - Your rights under the Data Protection Act 1998" available from this office and from Libraries.
Frequently asked questions relating to unauthorised works
What are the potential problems from having carried out unauthorised works?
What should I do to resolve the situation?
You should make an Application for a Regularisation Certificate. This is then a legitimate application for the works, and, when any problems have been rectified, you will get a certificate to confirm that the works are legal.
Is there a fee for making the application?
There is a fee, which is related to the amount of time we need to spend dealing with your application. This is usually slightly more than the fee would have been had the application been made at the correct time, but you will be given a fee specific to your works when the application is made.
What information will I need to submit?
The application will need to be accompanied by plans and details describing the unauthorised works and any additional works necessary to secure compliance with the regulations. Find more detailed information in our guide to Regularisation Application forms 2016 (PDF, 120KB)
Will I need professional help to make the application?
Depending on the works carried out, you may need to employ an architect or surveyor to investigate the works, to complete any drawings and specification of the works, and to assist with any remedial works required.
What works will I need to carry out?
This will depend on how well the original works were done, but will only be the amount needed to make the works comply with the Building Regulations applicable at the time the work was carried out.
Will I have to take down or expose the works which have been completed?
You, or your agent, will need to specify how the works have been done and you may need to expose some areas to do this. You will also need to expose the works sufficiently for us to inspect. This will usually only involve exposing sample areas rather than whole elements. If the works are all visible, then you may not need to expose anything. You should not need to take anything down unless it has been built incorrectly or it prevents other items from being corrected or inspected.
Will the council need to inspect the work?
When you have made your application, the council will check the details and inspect the works, including any remedial works required.
Am I likely to be prosecuted for carrying out the original works without an application?
If a Regularisation Application is made, and any remedial works are carried out correctly, it is highly unlikely that any formal action will be necessary. However, as enforcing authority, the Council will always retain the right of legal action as a last resort.