Building regulations
Statutory notification and site inspections for all Building Regulation Applications
Please notify the building control department for all statutory site inspections as detailed in your bespoke inspection plan by:
- telephone: 01228 817184 or
- email: bc@cumberland.gov.uk
Requests for inspections should be submitted by 4.30pm to arrange a next working day inspection. If we're unable to accommodate the inspection request having had notice, we will aim to agree a suitable alternative date with you. All site inspections will be carried out where it safe to do so.
Building Regulations are set by the Government to protect the health and safety of people in and out of buildings, to promote energy saving and to make sure building works provide enough access and facilities for workers.
Building Regulation approval or planning permission
Building Regulation (BR) approval is entirely separate from the process of obtaining planning permission, which may be required for domestic work regardless of whether the scheme is controllable or exempt under the Building Regulations.
When Building Regulations apply
The majority of domestic work which requires Building Regulations approval, falls into the following categories:
- the erection of a new building or the extension of an existing building for example, a kitchen extension or loft conversion. (Some "extensions" are exempt from the Building Regulations)
- structural alterations to an existing building. Examples would include underpinning, formation of a through lounge or partial removal of chimney breasts
- changing the use of an existing building such as converting a house to flats
- the provision of new drainage or the extension or alteration of drainage facilities for example, providing a toilet under the stairs
Should you be in any doubt as to whether your proposals need consent, please do not hesitate to contact us on 01228 817184.
Dangerous structures and demolition
Cumberland Council operates a 24 hour service to deal with dangerous structures.
A dangerous structure is one where a building or other structure, or part thereof, is in danger of imminent collapse.
If you think a structure might be dangerous, please call:
- daytime: 01228 817184
- out of office hours: (emergencies only) 999 - only use 999 if there is serious risk of injury and risk of serious damage to property
Derelict properties safety
If a derelict building is required to be secured against unauthorised access please contact Environmental Health on 01228 817200.
Demolition
Anyone who wishes to demolish a structure should make an application under section 80 of the Building Act 1984 to the Building Control department. The Act requires the person to notify the Building Control department of their intentions six weeks prior to starting the work. Section 81 and 82 of the Act requires Building Control to respond with a schedule of requirements on how the work is to be undertaken. This is to prevent any danger to the public during the demolition.
You are advised to seek professional help from a surveyor or demolition contractor in order to carry out an assessment of the structure to be demolished and ensure that the methodology for it demolition is safe.
Difference between full plans applications and building notices
Full plans applications
Prior to the commencement of work on site, you will need to submit two copies of plans showing full constructional details of the proposed scheme together with the completed form and appropriate charge. Unless you have a thorough working knowledge of the regulations and building construction in general it is best to seek professional advice in this regard.
Your application will be checked by one of the Building Control Surveyors and if the plans show compliance with the regulations they will be approved. Should amendments or further information be required, you will be asked to submit revised details in order that your scheme may be approved.
There is a statutory time limit of five weeks (extendable to two months with agreement) in which to determine your application, although the aim will always be to process your submission as quickly as possible.
Site inspections will be made when work proceeds but with the Full Plans approach you have the assurance that providing the work is carried out in accordance with the approved plans the regulations will be satisfied.
Building notices
If you choose this option, no detailed plans are required as the emphasis is on site supervision. You simply need to fill out a form advising us of your intention to carry out building work and supply the appropriate charge. The Building Notice is particularly suited to simple domestic schemes such as internal alterations and small extensions. Plans/details may be requested in some situations (for example structural calculations for loft conversions/through rooms) but only when absolutely necessary.
Without plans there is no detailed check of the work before it is carried out and therefore no official decision notice is issued. Whilst the Building Control Surveyor will try to anticipate potential problems it is ultimately the responsibility of the person carrying out the work to ensure that the requirements of the regulations are satisfied.
Regularisation
A regularisation application can be submitted in cases where building works have been undertaken after 11 November 1985 without Building Regulation approval having been applied for. In these circumstances you can now apply to building control to regularise the situation and obtain a Regularisation Certificate. It is now very common for such contraventions to come to light during the house sales search process. This can cause problems for the house seller not able to supply the buyers with the appropriate approval notice and/or completion certificate. We cannot regularise situations prior to the above date. An owner is under no obligation to submit an application and equally, the council are under no obligation to accept an application.
As in most cases the work will have been completed and some opening up work may be required, it is the owner’s responsibility to arrange for this work to be carried out to allow Building Control to determine Building Regulations compliance has been achieved. Work not complying with the Building Regulations needs to be corrected by the owner. The owner must be willing to comply with all such reasonable requests for opening up and remedial work to achieve Building Regulation compliance. If the owner refuses to undertake work the regularisation procedure is ended, no charges paid will be refunded and no ‘Regularisation Certificate’ will be issued. Once Building Control are satisfied that the requirements of the Building Regulations have been achieved we will issue a ‘Regularisation Certificate’.
When you can start work
You may start work after you have submitted either a Building Notice or a Full Plans application and at least two days notice has been given of your intention to commence work (preferably in writing).
Either you or your builder should then notify Cumberland Council at each of the stages listed below (where appropriate):
- commencement
- foundation excavations prior to concreting
- foundation concrete
- oversite (ground floor) prior to concreting
- damp proof course prior to covering
- foul water drainage prior to backfilling
- surface water drainage prior to backfilling
- drains test
- first fix electrics
- occupation prior to completion
- completion of works
The Building Control Surveyor may also request notification at other stages of the work that is not specifically included within the Regulations, for example - roof timbers.
The above statutory framework for inspections is obviously not appropriate for all types of work, for example, in the case of loft conversions. After the commencement visit, inspections of the structural elements will normally be required prior to covering up.