Unauthorised Building Work

The Building Regulations provide for a property owner to apply to the local authority for a regularisation certificate in respect of unauthorised building work. This means work which was carried out on or after 11 November 1985 and which should have been submitted to the Building Regulations procedures but was not.

The local authority building inspector will assess the unauthorised work for compliance and may request opening up of the work and construction details. The authority will then decide if remedial work needs to be carried out, in accordance with the Building Regulations which were applicable to that work when it was originally carried out. A regularisation certificate is evidence that the requirements of the Building Regulations specified in the certificate have been complied with.

In my experience of checking unauthorised work it is sometimes not practical to carry out remedial work, for example in a loft conversion that does not meet minimum headroom requirements on stairs due to limited floor to roof height. It is always best to seek professional advice before commencing Building work.

Dancing on thin Ice

It has been a slow week in the Building Industry, so I decided to go for a walk and enjoy the snow. However not all building work had stopped, these young builders had decided to form a new opening in the centre of a frozen pond, work was progressing well when I left. A wooden stick was used to form a hole in the ice just to the right of the young builder in the middle of the picture. After the construction of the new opening the pound returned to its original use, an ice rink!

Loft Conversions

More than 1 million UK homes have loft conversions.

They can cost a third of the price of moving house and could increase the value of your home.




Thinking of Converting Your Loft?

• Seek professional advice before work commences as not all lofts are suitable for conversion.
• Planning permission may be required.
• Party wall regulations may apply- visit www.rics.org/partywalls for more information on the Pary Wall Act.
• Choose your builder carefully.
• Consider appointing a Chartered Surveyor/Engineer to oversee work.
• Building Regulation approval is required.

What does the Building Inspector do?

Undertake a completion inspection and usually pre-plaster but this is not a requirement.

Some of the main checks during this inspection are :

• The structural strength of the proposed floor is sufficient.
• The stability of the structure (including roof)is not endangered.
• Safe escape from fire.
• Safely designed stairs to the new floor with minimum headroom requirements.
• Reasonable sound insulation between floors,the conversion and the rooms below.
• Upgraded thermal insulation

N.B.If contraventions are discovered during the completion inspection it can be expensive to alter the work at this stage.

Building Control Guidance notes for loft conversions can be found at http://www.buildingbuilding.co.uk/.

Do the Building Regulations apply to garden or boundary walls?

No- The Building Regulations do not apply if you want to build or alter a garden or boundary wall unless it also forms part of the building. A gable wall to a house could also be a boundary wall but if it is just a wall then no. You should make sure that the work is done safely to avoid accidents. You may also need to consider the Party Wall Act under which you must give notice to adjoining owners.

Building a garden wall can present a danger if not built properly and existing walls should be maintained in a safe condition. The Local Authority has powers to make safe dangerous structures such as unstable boundary walls, the cost being met by the owner.

The boundary wall in the photo does not require Building Regulation approval to take down or rebuild but the Party Wall Act does. The wall in its present condition is in danger of collapse and is under going remedial works.

If I want to carry out repairs to my home, will the Building Regulations apply?

Driving between Bala and Porthmadog today I stopped to make a couple of phone calls. I noticed an old farm house that might be described as "with scope for improvement".

If you want to carry out minor repairs to your home e.g. re-pointing brickwork, or replacing floorboards then Building Regulations would not be required.
Replacing one or more windows in your home (or most other buildings) then Building Regulations would be required.
Employing a FENSA(Fenestration Self-Assessment Scheme) registered installer meaqns that you wont need to involve a Building Control service. But on completion the installer must give a certificate of compliance to both you and the Local Authority. If the window installer is not FENSA registered then you need to make an application to a Building Control service.
If the work amounts to repairs only, for example replacing broken glass then you do not need to apply.

Look at the windows in the photo I think they had gone slightly past the repair stage.


"If you want to carry out internal alteration it is very likely that the Building Regulations will apply. The regulations specify what forms of alteration amount to material alteration and are therefore Building work taking account of the potential for the proposed work to adversely affect compliance of the building with specific requirements."

Confused ...... ask a Building Inspector.

Underpinning and the Building Regulations

Does underpinning a Building require Building Regulation approval? Yes

Traditional Underpinning The oldest method of underpinning used, where the affected wall has sections excavated in a “hit and miss” sequence to a designed depth below the existing foundation. This is then inspected by the Building Control Body and then back filled with concrete. This method is carried out until all of the affected area has been underpinned. This method can be used in either a settlement or a heave condition.

The photo shows a site I inspected today, the excavation had been taken down to 2.3m into sandstone. Concrete will be poured into the hole up to the underside of the existing foundation.

For advice on underpinning and other structural works to buildings you should consult a Structural Engineer

Contravention and enforcement of the Building Regulations

What happens if I contravene the Building Regulations?

The Local Authority has a duty to enforce the Building Regulation, this is normally carried out by informal means, if something is wrong then they will ask you to put it right. The Building Regs is not concerned with safety on site but with the building work.

Where an approved inspector is carrying out the building control service the responsibility for checking that the Building Regulations are complied with lie with the inspector. However we do not have enforcement powers and if the work does not comply and the Builder/Owner will not carry out the work we have to cancel the initial notice and hand back to the Local Authority who will then have enforcement powers to require you to alter the work if they think necessary.

In reality if something is wrong on site this is usually put right once it has been pointed out and enforcement action is very rare.