FAQ’s
No, building control and building regulations are not the same. The Building Regulations 2010 (as amended) are the legal standards that construction work must meet, while Building Control is the process of checking that the work complies with those standards through plan reviews and site inspections.
It will depend on what works you are carrying out and to what type of building.
If you are undertaking works to a Higher Risk Building (HRB) you will need to make an application to the Building Safety Regulator through the gateway processes. A “higher-risk building” means a building that is at least 18 metres in height or has at least 7 storeys and contains at least 2 residential units. There are exceptions to this where you are working on independent sections of the building, but we would advise that you take expert advice when in the early stages of planning the works.
Where you are undertaking works on other buildings that are not a HRB you can make an application to either your Local Authority or a Registered Building Control Approver (RBCA). If you make an application to an RBCA such as Cook Brown you will be required to provide sufficient information to demonstrate compliance. You can make an application to your Local Authority via a Building Notice or Full Plans application, if it is a premises that falls under the Regulatory Reform Order.
There are some works that a contractor can self-certify where they are member of competent persons scheme. It is important that you check that the contractor is registered with the scheme, you can do this by going on the schemes website and searching for the contractor.
Building control is a regulatory process required to determine if that the construction work complies with Building Regulations. Local authorities have unique powers under the Building Act 1984 to enforce the building regulations and have non-compliant building work altered or removed. The client, company or person doing your construction work could be prosecuted and fined if the work doesn’t meet building regulations and your local authority could make you pay for faulty work to be fixed. The Building Safety Regulator has the same powers when works are taking place on HRB.
Building control should be notified before starting any “Building Work” that falls under the Building Regulations. The term “Building Work” is defined in Regulation 3 of the Building Regulations 2010 (as amended) and includes the following:
If you are unsure, you should get professional advice before undertaking any of the works, as a homeowner or building owner you have duties to ensure that you are taking the correct steps to in order that you comply with the Building Regulations.
Recent legislation changes to the Building Regulations formally creates “Dutyholders”, who are legally responsible for building regulation compliance. The “Dutyholders” includes the “Client”, “Principal Designer” and “Principal Contractor” any of these could contact the Building Control Body.
If you’re using a private Building Control Body (a Registered Building Control Approver), they will need to submit an Initial Notice to the local authority on your behalf before work starts.
