Following on from our recent article on planning permission, I thought it would be prudent to look at the current regulations relating to building regulations consent.

Building regulations consent from the local authority is needed whenever building works are to be undertaken, irrespective of whether the works constitute “development” within the statutory definition, or whether they require separate planning permission.

Building regulation control is concerned with the health and safety aspects of the building to be erected or altered and regulates the types of materials and construction methods used in carrying out the work.

Penalties for breach of building regulation control are not as severe as those for breach of the Planning Acts and prosecutions must be brought within one year of the alleged breach. However, if you, as a buyer proceed with the purchase of a property with knowledge of a breach of building regulation control, you must remember there is no guarantee of the building’s safety of the building and expensive repairs will probably be needed at some stage in the future. This is the case no matter how long ago the works were carried out, whenever a seller is unable to produce proof of compliance with building regulations.

Insurance can be obtained in cases where proof is not forthcoming, but this will usually only cover the cost of compliance with the regulations should the local authority bring enforcement proceedings; it will not cover personal injuries or loss of trade caused by defective buildings.

On completion of building works for which consent was obtained, a “final certificate” can and should be obtained from the local authority. This should be kept with your title deeds as evidence of compliance with building regulation control.

Recent building regulations changes

~ From April 2002: Replacement windows must have building regulations consent, unless the company you are using is a FENSA registered contractor.

~ From March 2003. A new central heating boiler must have a certificate of installation by the contractor or a Building Control Certificate.

~ From January 2005: Any electrical wiring installed or added to since this date must carry a certificate from a competent electrician that it has been done in accordance with current standards.