Advice

Planning Permission & Building Regulations

J C Building Design can produce both planning permission and building regulation scaled drawings to suit any size project from a garden office to a sizeable extension to your property.

We can arrange a meeting at your property to carry out a detailed site measure of your existing property and discuss your project requirements.

The notes below are aimed as a guide so please check the links below to confirm any updates.

Do I need planning permission?

Whether you are making major changes to an existing building,  building something new or changing use of the building you may need planning permission. Failure to obtain the necessary approval could result in being served an ‘enforcement notice’ to undo all works carried out.

To find out whether your project will require planning permission, contact your Local Planning Authority [LPA]

Certain type of work are covered under Permitted Development’. This means that the works can be carried out without planning permission, as long as it complies with the permitted development rules and regulations.  Updated 15 March 2019.

If you are unsure of your permitted development rights, contact your local planning authority for more information.

When you have established that your project requires planning permission, you will need to submit an application to your LPA which along with scaled plans, elevations, location plan and block plans for review. 

We recommend that in order to assess the likelihood of your planning application being approved, you make an pre-planning appointment with you local planner officer to discuss your proposal, discuss site risks such as road, footpaths, utilities, watercourses etc and if any restrictions such as noise or traffic may be imposed.

Some LPAs’ charge for the pre-planning appointments so be sure to check beforehand.

For more information on planning permission and submissions, refer to the Planning Portal Website

Building Regulations

The building regulations are made under powers in the Building Act 1984 and apply to a majority of building projects in England & Wales.

The Building Regultions including the Approved Documents are continually updated. The latest copies can be found here

When Do They Apply?

The building regulations apply when ‘building work’ or a ‘material change of use’ occurs. Where the building regulations do apply, a building regulation application will be required.

‘Building Work’ means:

[a] The erection of a dwelling

For Example:

  • Constructing an extension
  • Converting a loft space into a habitable room
  • Coverting a garage into a habitable room

[b] The provision or extension of a controlled service or fitting in or in connection with the building

For Example:

  • Installing a WC or bathroom involving new waste pipework or underground drainage
  • Replacing windows and/or glazed doors [unless otherwise undertaken by a registered competent person]
  • Installing and/or testing electrical installations in dwellings [unless otherwis undertaken by a registered competent person]
  • Installing gas or solid fuel appliance [unless otherwise undertaken by a registered competent person]

[c] The material alteration of a building or a controlled service or fitting

For Example:

  • Structural alterations to the building [e.g. removing all or part of a load bearing wall]
  • Alterations affecting the means of escape from the building; internal/external fire spread and access for the emergency services
  • Alteration affecting access to and use of a building

Generally an alteration is material where:

  • As a result of the work being undertaken, a building or controlled service/fitting does not comply, where it previously did; or
  • If the works did not comply before, the works being undertaken have made the situation less satisfactory than before

[d] Works relating to a material change of use of a building

For Example:

  • Converting a house into flats or vice-versa
  • Converting a house or houses into a lessor or greater number of dwellings previously
  • A room for residential purposes is created in a building where previously it was not

[e] Inserting an insulting material into the cavity wall of a building

For Example:

  • Retrofitting cavity wall insulation

[f] Work involving the underpinning of a building

[g, h, i] Work involving/affecting thermal elements/energy performance or a change in energy status

For Example:

  • Replacing or renovating a roof covering
  • Installing external/internal wall insulation 

What Works are Exempt from the Building Regulations?

Schedule 2 of the bulding regualtions 2010 [as amended] outlines the types of buildings and works that are exempt from building regulation control. 

Generally, works that fall within the exemption classes of this schedule do require a building control application.

Whilst not exhaustive, the following details as to the more common types of building works which are exempt form the requirements of the building regulations:

A detatched building, with:

  • A floor area not exceeding 15m2, and 
  • No sleeping accomodation 

A detatched single storey building, with:

  • A floor area not exceeding 30m2, and 
  • No sleeping accomodation; and 
  • With no point of the building being less than one metrre from the boundary of its curtilage; or that is constructed substanially on non-conbustible material

A Porch [formed at ground level of a building], with:

  • A floor area not exceeding 30m2, and 
  • An external quality door seperating the porch from the main building; and
  • If wholly or partly glazed, the glazing satisfies the requirements of Part K4, K5.1, K5.2, K5.3 ad K5.4 of the building regulations

A conservatory [formed at ground level of a building], with:

  • A floor area not exceeding 30m2, and 
  • An external quality door seperating the porch from the main building; and
  • The controls of any heating in the conservatory is independant from the heating system of the house; and
  • If wholly or partly glazed, the glazing satisfies the requirements of Part K4, K5.1, K5.2, K5.3 ad K5.4 of the building regulations

A carport, with:

  • A floor area not exceeding 30m2, and 
  • Is open on at least two sides

Agricutural buildings [excluding a greenhouse or a buiding used for agriculture if the principle purpose for which they are used is retailing, packing or exhibiting], where:

  • No part of the building is used as a dwelling; and
  • No part of the building is less then one and a half times its height from any point of a building which contains sleeping accomodation; and
  • The building is provided with a fire exit which is not more than 30 metres from any point in the building

What are Your Responsibilities?

The primary responsibility for submitting your application and achieving compliance with the building regulations rests with the person carrying out the building works

  • If you are carrying out the works personally the responsibility will be yours
  • If you are employing a builder the responsibility will usually be theirs but you should confirm this position before the works commences

You should bear in mind that if you are the owner of the building, it is ultimately you who may be served with an 'Enforcement Notice' if the work does not comply with the regulations.

Building Regulations vs Planning Permission

You should also remember that applying for a complying with the building regulations is a seperate matter from obtaining planning permission for your project.

Similarly, receiving any planning permission which your work may require, is not the same as taking action to ensure that it complies with the building regulations.

Therefore you should always check to see if your project requires formal planning permissions to be be granted.

For more information on building regulations and submissions, refer to the Planning Portal Website