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With all building work, the owner of the property (or land) in question is ultimately responsible for complying with the relevant planning rules and building regulations (regardless of the need to apply for planning permission and/or building regulations approval or not).

Therefore, failure to comply with the relevant rules will result in the owner being liable for any remedial action (which could go as far as demolition and/or restoration)

The general advice is to always discuss your proposals with the relevant Local Planning Authority and Building Control Service before starting work.

It is generally realised that a form of permission is required for building work or alterations of properties. However, it may not always be clear how the Planning and Building Regulations approval regimes differ.

Planning seeks to guide the way our towns, cities and countryside develop. This includes the use of land & buildings, the appearance of buildings, landscaping considerations, highway access and the impact that the development will have on the general environment.

Building Regulations set standards for the design and construction of buildings to ensure the safety and health for people in or about those buildings. They also include requirements to ensure that fuel and power is conserved and facilities are provided for people, including those with disabilities, to access and move around inside buildings.

For many types of building work, separate permission under both regimes (separate processes) will be required. For other building work, such as internal alterations, Buildings Regulations approval will probably be needed, but Planning permission may not be. If you are in any doubt you should contact your Local Planning Authority or a Building Control Body.

Most people only come into contact with the planning system when decisions have to be taken about whether something can be built in their area.

Most new buildings or major changes to existing buildings or to the local environment need consent - known as planning permission.

Each application for planning permission is made to the local planning authority for the area.

The application must include enough detail for the authority to see what effect the development could have on the area.

If the planning application is in line with the approved plan, the applicant can usually expect to receive planning permission within eight weeks for householders. Approval for larger, commercial developments often take longer

If you are planning to carry out 'Building Work' as defined in Regulation 3 of the Building Regulations, then it must comply with the Building Regulations. This normally means seeking approval of the work from a Building Control Body.

The following types of project amount to 'Building Work':

  • The erection or extension of a building
  • An alteration project involving work which will temporarily or permanently affect the ongoing compliance of the building, service or fitting with the requirements relating to structure, fire, or access to and use of buildings
  • When installing replacement windows using a Builder or window company not FENSA registered
  • The installation or extension of a service or fitting which is controlled under the regulations
  • The insertion of insulation into a cavity wall
  • The underpinning of the foundations of a building
  • When you want to change the building's fundamental use

If your building work consists only of the installation of certain types of services or fittings (e.g. some types of drain, fuel burning appliances, replacement windows, WCs, and showers) and you employ an installer registered with a relevant scheme designated in the Building Regulations (a competent person), that installer may be able to self-certify the work. Therefore, you will not need to involve a Building Control Service. However, this concession is strictly limited to the specific type of installation described and does not cover any other type of building work.

The works themselves must meet the relevant technical requirements in the Building Regulations and they must not make other fabric, services and fittings less compliant than they were before - or dangerous. For example, the provision of replacement double-glazing must not make compliance worse in relation to means of escape, air supply for combustion appliances and their flues and ventilation for health.

They may also apply to certain changes of use of an existing building. This is because the change of use may result in the building as a whole no longer complying with the requirements which will apply to its new type of use, and so having to be up-graded to meet additional requirements specified in the regulations for which building work may also be required.

Further information on all aspects of both Planning Permission and Building Regulations, including on-line applications, interactive guides and the appeals procedure can be found on the Government Planning Portal at www.planningportal.gov.uk