DSJ SoE Legal and Regulatory Compliance Flashcards
You refer to a building notice application. Can you explain the difference between local authority building control and an approved inspector and the advantages/disadvantages of each?
An approved inspector can be either an individual or organisation, and must be registered with the Construction Industry Council (CIC).
If you choose to go with an approved inspector, you will jointly have to notify your local authority that you intend to build your project, which is done through submitting an ‘initial notice’. During submission, you will list your intent to use an approved inspector, and your local authority will then assign responsibility for building regulations verification onto this professional.
Your local authority will operate its own building control, a department specialising in maintaining building regulations in your area. You can submit your project for approval directly to this part of your local authority, in order to be granted a completion certificate - same as the final certificate you’ll get from an approved inspector.
With budget cuts to many councils, a lot of local authorities are unable to offer the same level of personal care that an approved inspector provides. You’ll also find that councils dealing with many applications can take a lot longer to process approval, sometimes taking up to 8 weeks! With an inspector, because you’ve used an initial notice to get them started on your project, they can turn around approval as soon as the finished package is presented to them. Turning those 8 weeks into a few working days!
That being said, you’ll need to make sure you find the right approved inspector to benefit from this added quality and speed.
Under CAR 2012, what are the requirements of regulation 4?
Duty to manage
What is the difference between a full plans building regulations application and a building notice?
A Building Notice application doesn’t require detailed plans to be submitted. It’s generally quicker than the full plans application and is designed to enable some types of building work to get under way quickly.
A Building Notice can only be used for dwelling-houses.
Buildings which are designated under the Regulatory Reform (Fire Safety) Order 2005 or built close to, or over a public sewer or where a building will front onto a new street cannot use this route.
A Full Plans application needs to provide an application form and contain plans and other information showing all construction details. This needs to be made well in advance of when work is to start on site.
Irrespective of which route you take, you must make a submission before you commence your building work.
Run through the advise you gave in the Building Survey at Buxton?
Loft conversion
s.2 works in Party Wall etc. Act 1996 - Questioned structural capability of joists - structural engineer usually will design the structural drawings which will include the provision of steel beams. These steel beams need to be fixed into supporting walls, they are expertly fitted onto supporting walls. Terraced house and two party walls.
Means of escape by window max 4.5m height. Window dimensions. Travel distances. Protected stairway. Compliance with part k. 30 minute REI
GDPO - There are certain thresholds, which - when exceeded - will mean full planning application will be required.
Part L - Warm Roof. Lights.
What are the thresholds for GDPO with respect to loft conversions?
- Loft conversions are NOT permitted
development for houses on designated land. - To be permitted development any additional
roof space created must not exceed these volume
allowances:
• 40 cubic metres for terraced houses.
• 50 cubic metres for detached and
semi-detached houses.
Bear in mind that any previous roof space
additions must be included within this volume
allowance. Although you may not have created
additional space a previous owner may have done
so. - An extension beyond the plane of the existing
roof slope of the principal elevation that fronts a
highway is NOT permitted development. - Materials to be similar in appearance to the
existing house. - No part of the extension to be higher than the
highest part of the existing roof. - Verandas, balconies or raised platforms are NOT
permitted development. - Any side-facing windows must be obscure
glazed and non-opening unless the parts which
can be opened are more than 1.7 metres above
the floor of the room in which it is installed. - Roof extensions, apart from hip to gable ones,
to be set back, as far as is practicable, at least
20cm from the original eaves. The 20cm distance is
measured along the roof plane.
The roof enlargement cannot overhang the outer
face of the wall of the original house.
- Work on a loft or a roof may affect bats. You need
to consider protected species when planning work
of this type. A survey may be needed, and if bats
are using the building, a licence may be required.
What are the advantages of submitting full plans application?
The process of preparing the plans allows you to carefully consider your proposals and receive professional advice.
You can see your proposals giving you a clear indication of how they will affect your property and if the works will meet your needs.
It will be easier for the builder to prepare an accurate quotation since they will have plans to refer to.
It will be easier to explain to your builder what works you are proposing and there will be less room for error and disputes.
The plans will form part of a contract between you and your builder.
If you are borrowing money in order to finance your proposals you will need to have plans to show the bank or building society.
You will receive an Approval Notice for the works.
If your Contractor builds in accordance with the approved plans you can be confident of compliance with the Building Regulations.
The plans will form a historical record of the works that have been carried out and can be lodged with the deeds of your property.
What sort of applications would be suitable for a smaller project on an existing dwelling?
Building notice application: On smaller projects, or when changes are made to an existing building, approval may be sought by giving a ‘building notice’. In this case, a building inspector will approve the works as they are carried out by a process of inspection. However, this leaves the client at risk that completed works might not be approved, resulting in remedial costs.
What sort of applications would be suitable for a larger project, new build project?
Full plans application: Generally on larger, new-build projects, a ‘full plans’ application will be made, meaning that full details of the proposed building works are submitted for approval before the works are carried out.
Tell me the timescales for Full Plans Application
A decision should be received within five weeks for a full plans application. However, this may be extended to two months by agreement. It is necessary then to give the building control body two working days notice before commencing the works.
It is permissible to begin works before approval has been received, however, if the works are subsequently found not to comply with the building regulations, they may have to be altered or removed.
The approval lasts for three years, within which time the building work must commence, or a fresh application will be required.
Once the construction works have commenced, and the building control body has undertaken a commencement inspection, the approval lasts indefinitely.
A completion certificate should be received within eight weeks of completion of the building work if it complies with the regulations.
Tell me the timescales for Building Notice Application
Works under a building notice application may begin as soon as the notice has been accepted. This is usually within two days.
The notice is valid for three years, after which it will lapse if the building work has not commenced. Once the works have commenced, the notice lasts indefinitely.
No completion certificate is issued as no plans have been submitted.
What is a completion certificate?
A completion certificate is then issued by the building control body (or a ‘final certificate’ if the building control body is an approved inspector) providing formal evidence that the building works have been approved and that, in so far as it is reasonable to determine, the works have been carried out in accordance with the building regulations.
What are the requirements for a completion certificate?
Completion certificates became a requirement where buildings were within the scope of the Regulatory Reform (Fire Safety) Order 2005 (that is, for non-domestic buildings and blocks of flats). For other properties, completion certificates were only issued if they were requested.
However, in December 2012, The Building Regulations &c. (Amendment) Regulations 2012 were introduced. This amendment removed the need to request a completion certificate from a local authority and instead required that where a local authority is satisfied that works meet the building regulations, it must give a completion certificate. It also requires that completion certificates are issued within 8 weeks. (Ref. Communities and Local Government Circular 02/2012 19 December 2012)
No such requirement was introduced for building notice applications, although completion certificates may still be requested from the local authority.
