The Building Regulations are familiar to most people in name, but knowing when you actually need to obtain consent or comply with the Regulations can be challenging.
Within this article, Hamilton Darcey LLP will highlight examples of when landlords, leaseholders and property managers need to comply with these regulations, particularly in the leasehold and block management world.
What are The Building Regulations and when are they required?
The Building Regulations are established standards for the design, alteration and construction of buildings, and are concerned with the health and safety of people in or around buildings and energy efficiency.
The Building Regulations will apply when you plan to carry out ‘building work’. In terms of alterations to flats, building work could typically include the following:
- Extension or alteration of a building, in particular structural alterations and the formation of additional bedrooms.
- Provision of services and/or fittings in a building such as hot water cylinders or fuse boxes.
- Replacement windows or balcony and guarding works.
- Provision of an air-conditioning system.
- Replacing thermal elements such as wall or roof coverings on pitched and flat roofs.
What’s changed?
The current version is The Building Regulation 2010. A set of Approved Documents was introduced to provide guidance to help meet the Regulations and are added to and amended to remain current. The most frequently updated section of this is fire safety.
In May 2020, ‘Approved Document B: Fire safety Volume 1 – Dwellings’ was amended. One of the main changes in relation to flats was to sprinkler systems. A block where the floor level is over 11m (previously 18m) from ground level and where there is ‘material change of use’, i.e. where alterations are being carried out to form either a new flat, or creating a greater or fewer number of flats than before, are likely to be subject to the this regulation.
This regulation states that sprinklers should be provided within the individual flats but not in the common areas such as stairs, communal corridors or landings, as long as these areas are fire protected.
Why comply?
The main reason to ensure compliance with the Regulations is obviously safety, but there are other reasons that you need to appreciate. The risk of prosecution for carrying out building work that contravenes The Building Regulations, liabilities for injury or loss of life, and the challenges an owner can face when trying to sell their property without the appropriate consents.
Retrospective consent is possible, but may be difficult. The leaseholder could be asked to open up works to reveal the construction or reinstate to the original design, at their own cost.
Who should I speak to about building regulations?
Your relevant local authority or an Approved Inspector can also provide help. Approved Inspectors are businesses, which work in the private sector as an alternative to Local Authority Building Control.
Hamilton Darcey LLP has extensive experience in helping flat owners understand when building regulations apply and submit applications, where required, on the leaseholders’ behalf.
What will building regulations consent cost?
Most local authorities offer fee calculators on their websites. The fees are dependant on the type of work involved, size of the project and number of visits required.
Approved Inspectors can negotiate their fees with you directly however they are usually comparable with the local authority.
