What do I need to do if I intend to carry out work to my property?

Before you carry out major or minor building work to your property it is necessary to find out whether or not Building Regulations approval and / or Planning Permission is required?

If you want to carry out any building work you may need:

• Planning Permission or
• Building Regulations Approval or
• Both.

What is the difference between Planning Permission and Building Regulations Approval?

Building Regulations Approval is entirely separate from Planning Permission. Planning Permission does not give you Building Regulations Approval (nor does Building Regulations Approval give you Planning Permission).

It is your responsibility to find out what permissions you need. If you are in any doubt, please ask us. We are here to offer free guidance.

Planning Permission

It is the Planning Authority that controls the development and use of land. The Borough Council considers planning applications and decides whether to give permission or not. Our aim is to protect and improve the quality of the environment by making sure all new development are acceptable. For example, we check that development is well designed, is in an appropriate place and will not cause harm to neighbours.

Building Regulations Approval

Building Regulations lay down standards for the construction of all types of buildings, including foundations, damp-proofing, the overall stability of the building, insulation, ventilation, fire protection and means of escape in case of fire. Building Regulations approval is the means by which we check that a building is built to these standards. The aim is to protect the health and safety of people who use the building, in the interest of the environment conserve fuel and power and ensure that adequate facilities for people with disabilities are provided within certain types of buildings.

Application Forms

• Full Plans download form - The plans submitted with this type of application will be examined and will advise you of any changes that are required. Upon receipt of suitable amended plans we will issue an Approval Notice. Our Building Control Surveyors will inspect the work at various stages during construction. The Plan Charge should accompany this type of application. more...
• Building Notice download form - Best suited for small uncomplicated works, it cannot be used for buildings designated under the Fire Precautions Act (Offices, Shops, Railway Premises, Hotels/Boarding Houses and Factories) or new dwellings that are accessed via a private drive.  Works may commence 48 hours after the Notice is deposited.  The Building Notice Charge should accompany this type of application. more...
• Regularisation Certificate download form - May be applied for to obtain approval for work that has been carried out and was not approved or inspected at that time (applies only to work which was commenced on or after 11th November 1985. The Regularisation Charge is 120% of the Building Notice Charge.

Charges payable for the service

Erewash Borough has a Charges Scheme as do each individual authority, in which it is required to set its own scale of charges. General advice and information is offered free of charge, we are also pleased to offer assistance to you prior to an application being submitted of the cost of our service.

What charges are payable?

The charge payable is related to the type of work, and is headed in three separate tables:

• Table 1 - Housing developments
• Table 2 - Domestic Extensions
• Table 3 - Commercial & Work Based on estimates.

Please follow the link to access the Building Regulation charges

Exemption from charges

Building work carried out solely for the benefit of disabled persons in dwellings or to buildings to which the public are admitted (whether on payment or otherwise) are in certain circumstances exempt from these charges. Please contact us if you feel that this applies to you. For more information read the guidance note to the Building Control charges Scheme

Guidance Notes

The Erewash Borough Council have provided a number of notes for guidance which covers the following areas

• Advisory leaflet Radon gas download details
• Conservatories Porches Garages download details
• Roofspace Conversions download details
• Domestic Garages and Carports download details

Work carried out without Building Regulation Approval

What Happens if I do Work Without Approval?

The Borough Council has produced an enforcement concordat which will outline the council's policy in resolving matters relating to unauthorised works. The Local Authority has a general duty to see that building work complies with the Regulations. Where a Local Authority finds after its completion that it does not comply, then the Local Authority may require you to alter or remove it. If you fail to do this the Local Authority may serve a legal notice requiring you to do so. In a court of law you may be fined and required to carry out any outstanding work. If work has been completed for sometime by you or a previous owner without the necessary Building Regulation Approval or the work on site does not fully comply with the requirements a Regularisation application may be submitted, if both parties agree.

Regularisation application

Where the work was commenced on or after 11 November 1985 the owner may apply for a Regularisation Certificate. This will include plans of the unauthorised and plans showing any additional work required to comply with the regulations. An application form for a Regularisation Certificate is available. The submission of a Regularisation application does not preclude the Borough Council using its powers under Section 35 Building Act 1984.

What are the Penalties for Contravening the Building Regulations?

If you contravene the Regulations by building without notifying the Local Authority or by carrying out work which does not comply, the Local Authority can prosecute. If you are convicted, you are liable to a penalty not exceeding £5,000* (i.e. level 5 on the standard scale) plus £50 for each day on which each individual contravention is not put right after you have been convicted. If you do not put the work right when asked to do so, the Local Authority have power to do it themselves and recover costs from you.

* at date of publication.

Suggestions and complaints about our service

If you have a complaint about the Building Control Service we would like to hear from you. In the first instance you can contact the Principal Building Control Officer. We would also welcome general feedback on our service in order that we can continually make service improvements.

Frequently Asked Questions

Q. Do my neighbours have the right to object to what is proposed in my Building Regulations application?
A. No. But whilst there is no requirement in the Building Regulations to consult neighbours, it would be prudent to do so. In any event, you should be careful that the work does not encroach on their property since this could lead to bad feeling and possibly an action for an injunction for the removal of the work. If your proposal is subject to approval under the Town and Country Planning legislation objections may be raised. Other legislation, particularly the Party Wall etc. Act 1996.

Q. Do I need to make a Building Regulation Application for:

• Underpinning work?
• Removal of a chimney breast that involves structural work?
• Cavity wall insulation?
• Converting a loft space into a room?
• Installing additional sanitary fittings and plumbing?

A. Yes, contact us for further information.

Q. Do I need to make a Building Regulation application if I convert my house into student accommodation?
A. The building regulations here can be quite involved, so you are advised to contact the Area Building Control Surveyor for advice.

Q. Do I need to make a Building Regulation Application if I wish to re-cover my roof?
A. Yes, if the materials you are proposing to use to re-cover the roof are either substantially lighter or heavier than the existing covering.

Q. Do I need to make a Building Regulation Application for:

• a detached garage?
• a detached garden shed?
• a porch?
• a conservatory?
• a carport
• a covered way?
• a greenhouse?

A. Generally no, but it depends usually on size and materials of construction you are advised to contact the Area Building Control Surveyor for confirmation.

Q. Do I need to make a Building Regulation Application if I install replacement windows?
A. Yes, and also if it involves any structural alterations to the window opening. We recommend that the new windows contain sufficient opening vents for emergency exit and background ventilators. If the building is listed you will require planning permission

Q. What can I do if my neighbour builds over my boundary?
A. This is a civil matter between you and your neighbour. If you are aggrieved, we would suggest you discuss the matter with your neighbour in the first instance and should you be unable to resolve the problem, you should then seek legal advice from a solicitor. Your attention is also drawn to the Party Wall Act 1996. A copy of the explanatory booklet produced by the government is available and can be obtained if you contact DETR on 01 223-457118

Q. Can I look at my neighbour's plans?
A. No. Plans deposited with a local authority under the Building Regulations are not documents which the public are entitled to inspect under the Local Government Act 1972.

Q. Can I see the original plans of my property?
A. Not withstanding the answer to the above question we may exercise our discretion and allow a person who has a justifiable interest in certain plans to view them. However, under copyright law, copies can only be made available with the written consent of the original author.

Q. How long is my approval valid for?
A. Both Full Plans and Building Notice Applications are valid for three years from the date of deposit. If you still wish to carry out the work after the three years has expired then you will need to submit another application.