When do I need consent?

When you look to make changes to your property, you must consider whether consent is required first, within this article we hope to offer some guidance.

The Building Regulations Act 2010 is the legislation that covers construction and extension of buildings, which also incorporates alterations to the property.

Works requiring consent under the Building Regulations Act can include the following:

  • Installation of a boiler
  • Installation of Heating Systems.
  • Alterations or additions to the Electrics.
  • Installation of windows including the frames.
  • Installation of external doors with 50% or more glazing.
  • Cavity wall insulation.
  • Loft Conversions.
  • Installation of a new bathroom or installing additional plumbing.
  • Removing internal walls or creating an opening.
  • Installing or removing a fireplace.

Building Regulations differs from Planning permission and in some instances, you may need consent for both.

You can review the following website https://interactive.planningportal.co.uk/  which is a good interactive tool to determine if consent is required. Alternatively, you can contact Building Control direct and they will be able to confirm if consent is required.

Do I need to make an application to building Control?

If you instruct a contractor who is part of the Competent Persons Scheme, they will be able to provide you with a completion certificate for the works e.g. Fensa certificate for windows and doors. If the contractor is not part of the Competent Persons Scheme then you will need to apply to Building control prior to works being undertaken and upon works being completed.

Failure to obtain consent:

If you undertake works and you fail to obtain consent or obtain a completion certificate You may face enforcement action from the Local Authority for failing to comply with Building Regulations.

It can also cause problems when you come to sell the property. You may be asked to obtain retrospective consent and completion certificates. You will need to bear in mind that if the works do not conform to Building Regulations you will need to rectify any issues, which can cause a further expense. In some instances, a legal indemnity policy can be obtained to cover the lack of consent or lack of a completion certificate.

If you require any further assistance on this issue, please do not hesitate to contact me or one of my colleagues who will be happy to help.

Lauren Hughes

Lauren is a Solicitor, who has been qualified for 10 years, and specialises in conveyancing.