What is the purpose of the Building Regulations?

The purpose of the Regulations is to provide minimum standards for safeguarding the health and safety of people in or around buildings; for access and facilities for disabled people; and for the conservation of energy.  The Regulations also contain various sections dealing with procedures to be followed, definitions and what is expected in terms of technical aspects of the building work. 

What is the difference between Building Control and Development Control (Planning permission)?

Building Control relates to the technical aspect of the project and ensures that the requirements of the Building Act 1984 (with latest amendments) are met and helps ensure the quality of the building. The materials, methods, energy use, safety and comfort of the users are considered.

Planning permission relates to the requirements of the Planning Act and local published policies. The size, shape, location and height of the development impact on neighbours and its sympathy with its surroundings are all considered.

What is the definition of building work?

If your project involves 'Building Work', you must comply with the Building Regulations.  'Building Work' is defined in Regulation 3 of the Building Regulations as:

• the erection or extension of a building
• structural alterations  
• the installation or extension of a service or fitting (such as the installation of a WC or shower)
• changes to the energy status of the building (such as the insertion of insulation, adding windows or reroofing)
• the underpinning of a building
• changes to the use of an existing building.

Therefore, if you want to put up a new building, or extend or alter an existing one (eg by adding an extension or by converting a loft space), add services/fittings such as washing and sanitary facilities, hot water cylinders, foul water and rain drainage, replacement windows, fuel burning appliances of any type, or the installation of electrical fittings, then Buildings Regulations probably will apply.

What types of application can I submit?

You can submit either a Full Plan application or a Building Notice application for proposed works.

Regularisation is only required if you have already carried out the work without an application.

How do I apply?

You can apply by post or directly at the Town Hall using forms that you can download from this website. Alternatively you can apply online from this website.  The fee must be paid before the application is valid. 

Once an application is made valid, you are entitled to start work provided you have given two days' notice.

How much will it cost?

Unless the works are intended to provide certain facilities for disabled people, there is a charge and the correct amount must be received before the application can be accepted as valid.

• Full Plan application fees for small works are paid in one amount on submission. Full Plan application fees for larger projects are in two stages, a fee on submission (the plan fee) and a further fee invoiced once work commences (the inspection fee) 
• Building Notice and Regularisation fees are paid in full at time of application  
• All fees (except Regularisation) are subject to VAT
• Our fee list on this website includes VAT in the amounts shown.

View our fees.

When can I start?

Work on Full Plans applications:

• You may start work two days after the application is accepted, but this is at your own risk and it is advisable to wait for plans to be approved before commencing work. Amendments to the drawings if required can then be made and this will also help the builder give accurate quotations 
• Legislation requires the Local Authority to approve or reject the plans within five weeks or two months, depending on the option you choose in the application.  If any additional information or clarification requested is not supplied within this time, we would have to reject the application
• There are three options available for the Surveyor dealing with a Full Plans application.

1. The building plans may be passed unconditionally
2. The building plans may be passed subject to conditions.  These conditions must be mutually acceptable and will require drawings to be amended in a specific way or for further information to be provided within a specific time limit
3. As a last resort, plans may have to be rejected.  Our policy is to make every effort to avoid this option but we do rely heavily on your cooperation.  Following rejection, a resubmission will be required if you intend to proceed with the project.

• If you employ a designer to act as your agent, all contact will be referred to them. They should be best qualified to answer any technical/regulatory issues that we might raise.

Work to Building Notice applications:

• The Building Notice procedure can be used as an alternative to a Full Plans application, except where the work involves building over or near a public sewer or the building is a workplace 
• The work can commence after 48 hours notice providing an application has been made valid
• Any building work carried out to create or alter a shop, hotel, factory or office or other workplace may only be carried out after a "Full Plans" submission has been made
• No plans will be checked by the surveyor prior to commencement and there is a risk that the works do not comply.

How can I ensure that my design will comply with Building Regulations?

Each part of the Building Regulations is supported by Approved Documents.  Designing in accordance with the guidance in the Approved Documents usually demonstrates compliance with the requirements of Building Regulations.

The Approved Documents are available to download on the internet at the Planning Portal.  If the guidance in the Approved documents has not been followed, the designer must demonstrate by other means that the requirements have been satisfied.  The designer may wish to refer to documents such as the:

• British Standards
• Agreement Certificates
• Building Research Establishment Digests.

If you are not comfortable dealing with the technical aspects of building works you should employ a competent designer.

You can find a lists of Agents, Architects, Designers, Surveyors and Engineers on several websites such as:

LocalSurveyorsDirect
Royal Institute of British Architects
Royal Institute of Chartered Surveyors
Institute of Structural Engineers

What paperwork will I receive when I make an application ?

You will receive:

• An acknowledgement of receipt of your application; followed by
• Validation of your application or request for a further fee or information
• Approval or Rejection Notice, in the case of a Full Plans application
• A Completion Certificate when works are completed and comply.

These documents should be retained as you may be required to produce them if the property is sold.

What consultations are carried out?

When a building regulation application or notice is received, we may consult the following, if necessary:

• The Fire and Rescue Service: For advice on means of escape issues on certain types of building, road and access for fire brigade vehicles, fire fighting facilities within and around buildings, goodwill advice on any relevant matters
• Thames Water Utilities: This body is responsible for all public sewers in the district and is consulted whenever their drains are affected by proposed works
• The Environment Agency: Consulted when discharging from sewage treatment plants, ground water contamination may be an issue
• Other departments within the Council: Highways and Streetcare for changes to design and the collection of refuse; Environmental Health for food premises, houses in multiple occupation, discharge and siting of flues and contaminated land matters.

What do I do if I'm not satisfied with your service or a decision?

If you are dissatisfied with the service you have received, please tell us and we will try to put it right. If not, you may lodge a complaint.  This does not prejudice your right to complain to the Local Government Ombudsman.  The Ombudsman can be contacted at:

10th Floor Millbank Tower
Millbank
London
SW1P 4QP

Tel: 020 7217 4620

For more details see the LGO website.

The Council's complaint procedure is not designed to review the merits of technical decisions that were properly taken (for example a refusal of an application). In that respect you may appeal to the Secretary of State as advised on the any decision notice issued.

Can you recommend a builder?

No, we must remain neutral in our role of checking plans and carrying out site inspections.  However, you could contact the Federation of Master Builders or use a builder from the TrustMark scheme. Surrey Trading Standards also keep lists of verified contractors in there Buywithconfidence scheme.

Ask builders to supply addresses where they have carried out recent work and speak to the owners if possible or ask for references. Consider a formal written contract with staged payments and retentions. The contract should be one that is published and has been checked against current legal requirements. A number of these can be found produced by Joint Contracts Tribunal (JCT) . For Domestic work the JCT Homeowners Contract is particularly useful. The contract should include a clause that final payments are only made when a Building Regulation completion certificate is issued.

We can only advise that you do not pay in advance for work that is incomplete or defective. Request a copy of the builders insurance certificate and schedule. Finally, but no less importantly, always choose a builder you feel comfortable with on a personal level as they will be around for some time.

What happens if work is undertaken without building regulation approval or is not in accordance with approval given?

The Council is required by law to enforce the Regulations and may serve notice on an owner to take action to achieve compliance.  This may include “undoing” work already completed to enable inspections to be carried out.  We may also take action through the Magistrates’ Court and fines of up to £5,000 may be imposed with further fines each day that the contravention continues.

Illegal work revealed through land searches may make a property more difficult to sell and/or reduce its market value. We are able to issue “regularisation” certificates as a means of confirming that unauthorised works carried out after 1985 without approval meet the requirements of the Regulations, where this can be shown to be the case.

What do I do if I see a dangerous building or structure in the Borough?

The Council's Building Control unit is responsible for managing any dangerous structures that may occur within the Borough and is on call 24 hours a day, 7 days a week throughout the year.

Often we receive reports from the public and we will then visit the location, inspect the condition of the structure and take whatever action needed; including immediate action to remedy the situation if the building is dangerous or imminently liable to become so.

If the structure is not immediately dangerous, the owner would be identified and ordered to take remedial action within a prescribed time limit and the situation subsequently monitored.

For more details, please see the Dangerous Structures webpage.  To report a dangerous building, call us on 01372 732000 or email at contactus@epsom-ewell.gov.uk.

What is needed for work on or close to the wall between my property and that of my neighbours'?

If you work on a wall between your neighbours', or excavate close to your neighbours property and lower than their foundations, The Party Wall etc Act 1996 requires you to notify them before you start the work. They may require a formal agreement to be made and Party wall Surveyors to be appointed. More information can be obtained at the Customer Service desk in the Town Hall or at www.fpws.org.uk.

Can you tell me about type approvals?

The national type approval scheme has been around for some years now and allows builders and developers to use a pre-approved form of construction that will be accepted nationwide.  The only exceptions to the scheme are those relating to site matters such as foundations, fire spread and drainage provision.  There are a number of type approvals including: house type approvals, foundation type approvals, non-residential type approvals, system type approvals and temporary structures approvals.

Can you tell me about demolitions?

Anyone carrying out demolition of a building must give notice of intention to the Local Authority.  They should give copies to the occupier of any adjacent building, the electricity and gas authorities and, in the case of special premises, the Health and Safety Executive.

This notice will enable the Local Authority to order certain works to be done to adjoining buildings by way of repairing any damage, to safeguard against collapse, to weatherproof and to ensure that redundant drains are properly sealed.  It can also order that all demolition material, rubbish etc is removed and arrangements made with gas, water and electricity authorities to disconnect their services.  In some instances a 'method statement', indicating the demolition processes intended and protection etc to ongoing structures, will be required.