Planning and building

Building Control

Building Control advice and guidance

The below is a set of officially approved guidance under the legislation. If followed there is a presumption the building complies with the Building Regulations.

In addition, the Local Authority Building Control ‘Front Door’ website is full of useful guidance and frequently asked questions, including their ‘Agony Aunt’ Ask Anna.

 

Listed Buildings

Listed buildings are protected by the 1990 Planning (Listed Buildings and Conservation Areas) Act. You can search on the National Heritage List for England (NHLE) to find all listed buildings here.

Once a building is listed it becomes subject to special planning controls whereby listed building consent is required for works that affect its special interest. These works may be either internal or external works and extend from the smallest project to wholesale demolition. Consent has to be obtained for any alterations and demolitions.

It is a criminal offence to carry out work which needs Listed Building Consent without obtaining it first. As most works that would alter the character of a listed building require Listed Building Consent, assume you have to apply for consent.

Further information is available from Historic England here.

Demolishing listed buildings and buildings in conservation areas

Any alteration of a listed building involving partial or complete demolition requires formal listed building consent. Unauthorised alteration is illegal and can result in prosecution.

The substantial or complete demolition of an unlisted building in a conservation area requires listed building consent.

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Appointing a Competent Builder and Contractor

Choosing a good quality contractor to build a new extension or to make internal alterations to your property is very important. Everyone has heard horror stories about "cowboy builders" and the problems they can cause.

We recommend that the Client consider the following when deciding on a builder to carry out work to your property.

  • It is not the role of Building Control to design the project. If the work is being carried out by the homeowner/client as a DIY project, Building Control advise that the homeowner/client seek guidance from a local qualified Architect, RIBA or Building Surveyor, MRICS, MCABE or MCIOB qualified.
  • It is highly unlikely that the declared Client would be competent to undertake the monitoring of some domestic projects, a requirement they must now undertake in some capacity. The most feasible and cost-effective solution is for the Client to employ the services of a Clerk of Works. Building Control will not be directly assessing the competence of Duty Holders. The new procedures require that contractors only take on work for which they are competent to undertake, and clients make suitable checks to ensure the competence of whom they appoint.
  • Ask the builder for copies of construction qualifications such as City & Guilds or NVQ.
  • Request references and names of previous customers, try and speak to them and look at the work if possible
  • Get written quotes from two or three different builders
  • Ask for work to be covered by an insurance-backed warranty
  • Be clear about what you want done and ask for a written specification and quotation
  • Agree any staged and final payments before work starts
  • Do not pay the final instalment until building control have carried out the final inspection
  • Avoid adding to the job or changing your mind halfway through, this leads to delays and extra costs
  • Avoid dealing in cash if possible
  • Look for a trade association membership
  • If problems arise, speak to the builder straight away: use the trade association’s mediation and arbitration service if necessary
  • If your work is complex ensure you commission a comprehensive set of building plans and specification, this will further cement the contract between you and your builder
  • Many architects/surveyors will also provide a site supervision service if required

There are several builders’ trade associations, the following are the most common: Quality Mark builders, Federation of Master Builders, National Federation of Builders.

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Design Advice Guidance

This guidance has been drafted by the Building Control Working Group of the Industry Competence Committee with the support of officials from the Health and Safety Executive (HSE) and the Ministry of Housing, Communities and Local Government (MHCLG).

Introduction

This note sets out how advising on compliance can be undertaken by Registered Building Inspectors (RBIs) when carrying out regulatory activity in accordance with the Regulator's Code without assuming the role of the designer (as set out in Part 2A of the Building Regulations 2010). It provides common examples on to how to avoid providing ‘design advice’. The examples given are for illustrative purposes only and are not comprehensive. It is the responsibility of the RBI to consider each request for advice on a case-by-case basis and form their own professional judgement. The note also touches on the responsibility building control bodies have to ensure they have adequate conflict of interest procedures in place.

How may I give building control advice to a client without it being considered design advice under the Building Regulations?

Those who are carrying out regulatory building control activity and functions and give building control advice may include advice to the Duty Holder which sets out indicative ways in which compliance may be achieved in the context of an inspection or the checking of plans. If this advice is framed around indicative examples or considerations only, then this is unlikely to be considered design advice as it would still be for the Duty Holders (i.e. clients, designers, contractors) to determine how to ensure compliance and act accordingly.

While this may include advice and instruction on how designs may or may not meet statutory requirements, they should not provide exhaustive advice based on the preferences of the inspector (rather than indicative ways to achieve compliance and/or identify potential sources of guidance). This could be considered design advice even if it is not deemed to be taking on the responsibilities, and thereby duties, of designers.

An RBI may work for an organization that offers consultancy services that include design advice. An RBI cannot carry out building control regulatory functions on a project for which they are also engaged in consultancy work. This would constitute a conflict of interest and building control bodies must have conflict of interest policies in place to make sure this does not happen.

Case Study 1

An RBI has received plans to check for compliance with the Building Regulations and observes a non-compliance with Requirement B1 of Schedule 1 to the Building Regulations 2010. In this case, the exit widths for a room appear too narrow by reference to the guidance contained in Approved Document-B Vol 2 and no justification or explanation has been given. The RBI indicates where on the plans the alleged non-compliance has been identified. The RBI should explain how they have arrived at their decision and that the Duty Holder will need to provide evidence that Requirement B1 has been complied with. The RBI should not provide a compliance solution to the alleged non-compliant work but could indicate to the Duty Holder where appropriate guidance could be found. The Duty Holder will need to supply evidence to counter the RBIs opinion or to amend the plans to address the alleged non-compliance, having regard to the concerns raised by the RBI.

Case Study 2

An RBI visits a site for a Building Notice where foundations are being excavated in clay soil. The RBI observes that the depth and width of the excavation are not as those shown in Approved Document-A and that there are also mature trees close by and therefore they may not be compliant with Requirements A1 and A2 of Schedule 1 to the Building Regulations 2010 as a result. The RBI explains that they do not believe the foundations to be suitable for the situation and why they have come to that conclusion i.e., they outline the matters of concern. The Duty Holder asks what the RBI wants to see. The RBI responds by advising that the Duty Holder should present a compliant excavation, they may point the Duty Holder towards areas of guidance or guidance on where compliance may be found.

Case Study 3

An RBI is called to site to inspect the drains before they are covered over. The RBI observes that one of the drains displays signs of backfall. The RBI explains to the Duty Holder that the drain has backfall, and the RBI instructs that the drain should be re-laid to an appropriate fall in the direction of flow. The RBI may point the Duty Holder towards areas of guidance or guidance on where the appropriate fall could be found. The RBI asks to be called back to inspect the altered drain when changes have been made, and compliance can be demonstrated.

Case Study 4

An RBI undertakes a plan check for a new dwelling. The cills’ height to the first-floor opening windows are only 600mm from the finished floor level and as such could pose an issue for protection from falling and protection from impact with glazing (Requirements K2 and K4 in Schedule 1 to the Building Regulations 2010). The Duty Holder is a small local firm, and the RBI knows the principal well. As part of the feedback to the architect on the plan check, the RBI informs the Duty Holder of the issue. The Duty Holder asks the RBI how they could make the design comply with the functional requirements of the Regulations.

Instead of referring the Duty Holder to the guidance in the Approved Document, the RBI proceeds to tell the Duty Holder to install guarding across the window reveals at a height of 900mm and that the guarding should be constructed with vertical balustrades that cannot be climbed with a gap of no more than 100mm between them. Although this does present a compliant solution, as it provided an exhaustive solution to the Duty Holder for them, it has been effectively designed by the RBI and as such is in breach of the Code of Conduct for RBIs.

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Cladding and Fire Safety

Fire safety: who is responsible?

The Council has some responsibility for aspects of Fire Safety. We work with the Ministry of Housing, Communities and Local Government and local agencies to provide a coordinated approach to Fire Safety within housing across the City of York.

Agencies with Building Control Responsibilities

The Ministry of Housing, Communities and Local Government oversees the law (Building Act 1984 and Building Regulations 2010) and creates guidance in the form of Approved Documents.

The Approved Documents contain:

  • General guidance on the performance expected of materials and building work in order to comply with the building regulations
  • Practical examples and solutions on how to achieve compliance
  • Suggestions on how to achieve a minimum standard of construction in:
    • Structure
    • Ventilation
    • Sanitation
    • Security

City of York Council Building Control Service are the Local Authority Public Sector Building Control Body. They oversee ‘building work’ for a range of applications and retain overall enforcement powers. They are a member of Local Authority Building Control (LABC).

Registered Building Control Approvers are the private sector building control bodies. The Approved Inspector register is maintained by the Construction Industry Council.

New Home Warranty includes schemes such as the 10-year Buildmark Warranty provided by the National House Building Council. These warranties are independent to the Building Control Body regime.

Agencies with Environmental Health Responsibilities

The Ministry of Housing, Communities and Local Government oversee the Housing Act 2004 and shape legal guidance, regulations and publications.

City of York Council Housing Team provide support for the private sector to help residents remain safely in their homes. Through advice and appropriate enforcement, they ensure that private landlords carry out property improvements to meet minimum legal standards.

The Fire Authority are consultees in relation to fire safety for the Housing Act 2004. They are the lead enforcement body in relation to the public areas within flats. Work with other agencies about aluminium composite material (ACM) cladding.

City of York Council Planning Team work with the Private Sector Housing team in the conversion of properties into houses in multiple occupation (HMOs).

Registered Provider (RPs) Responsibilities

The Ministry of Housing, Communities and Local Government regulate Registered Providers through the Regulator of Social Housing. Under law, RPs have a responsibility to ensure their tenants and properties are safe. It is also important that they educate their tenants about fire safety, ensuring they feel safe in their home.

As well as complying with all Building Regulations, RPs must meet the following Fire Safety Regulations:

Registered Providers should address many areas when it comes to fire safety. Before a tenant moves in, Registered Providers should:

  • Conduct a Risk Assessment to identify and remove or reduce fire hazards in the home. It should also identify people at risk
  • Provide fire safety information to tenants to make them aware of their responsibilities, and how best to reduce their fire risk

Personal Emergency Evacuation Plan (PEEP)

The purpose of a Personal Emergency Evacuation Plan is to have an evacuation plan for people who would be able to self-evacuating.

Registered Providers should be mindful of providing PEEPs in High-Rise/High-Risk Residential Buildings.

It may be that your RP does not know the individual specialist needs of each resident in each High-Rise/High-Risk building.

Contact your Registered Provider if you feel you should have a PEEP.

Funding

The Registered Provider can apply to The Ministry of Housing, Communities and Local Government to see if they can get funding under any of the following funds:

If you're not satisfied with the service you are receiving, contact your Registered Provider and follow their complaints procedure. If you are still unsatisfied you can take your complaint to the Housing Ombudsman service.

Landlord and Managing Agent Responsibilities

Landlords and managing agents have a legal duty for fire safety in their buildings. These duties include providing:

  • Smoke alarms
  • Carbon monoxide detectors
  • Fire doors
  • Clear communal areas that are kept free of belongings

Fire Risk Assessments (FRA)

The responsibility for carrying out a Fire Risk Assessment could be with:

In law, a responsible person oversees fire safety in the shared parts of a building. For blocks of flats or large houses in multiple occupation (HMO) this is usually the freeholder or management company.

They give some of these responsibilities to a managing agent. This can include the arranging of or reviewing of FRAs.

The responsible person (or agent) may carry out the FRA themselves or employ someone else to do it.

You can ask your Registered Provider who has carried this out and for a copy of the assessment. You can speak to your RP about any works recommended by an FRA and when these will take place. Residents may have to pay for these works. The Leasehold Advisory Service can provide further details on such charges.

Fire Risk Assessments should be reviewed every 1 to 4 years.

External Wall Systems (EWS)

The external wall system (EWS) is made up of the outside wall of a residential building. This includes cladding, insulation and fire-break systems.

External Wall System Certificate (EWS1)

An EWS1 certificate is an external wall system fire review certificate. They were introduced in December 2019 as a way to reassure mortgage lenders that buildings over 18 metres were safe.

They were initially introduced for buildings over 18 metres, but the January 2020 changes brought all residential buildings into scope. However, later in November 2020, owners of flats in buildings without cladding no longer needed an EWS1 form to sell or re-mortgage their property - as an agreement was reached between the government and the Royal Institution of Chartered Surveyors (RICS), UK Finance and the Building Societies Association (BSA).

Further information on cladding external wall systems can be found here.

Advice and support

The Leasehold Advisory Service provide advice and guidance on residential long leaseholds (longer than 21 years). They can advise about fire safety for leaseholders living in High-Rise/High-Risk buildings.

Shelter provides housing advice covering private renting, mortgage repossession and homelessness.

Other help and financial support available are detailed below:

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Government Fire Safety Developments

Timeline

2017 to 2018

  • In July 2017, the Government established the Building Safety Programme.
  • In May 2018, local Councils identified residential high-rise buildings (over 18 metres).
  • In May 2018, the Building a Safer Future (Hackitt Report) was published.
  • In November 2018, there was a ban on combustible materials (new build)

2019 to 2020

  • In May 2019, the Government announced an initial £200 million fund to remove Aluminium Composite Materials.
  • In June 2019, the Government published a consultation called the Building a Safer Future: proposals for reform of the building safety regulatory system. The document set out the government’s proposals for a reformed building safety system covering all buildings as well as the management of fire and structural safety risks in new and some existing buildings.
  • In July 2019, local Councils undertook data collection on External Wall Survey on high-rise buildings.
  • In October 2019, Grenfell Tower inquiry ‘phase 1’ was published.
  • In January 2020, EWS1 surveys became a requirement for all residential buildings.
  • In Spring/Summer 2020, the Fire Safety Bill and Building Safety Bill was announced.
  • In November 2020, EWS1 forms became no longer required for buildings without cladding.

2021

  • In March 2021, the Government publishes its response to the fire safety consultation. It sought to deliver the Government’s plan to improve building and fire safety in all premises where people live, stay or work. It included proposals designed to strengthen the Regulatory Reform (Fire Safety) Order 2005 and improve compliance in all premises; and recommendations that would require a change to laws.
  • In April 2021, the Fire Safety Act become law.
  • In July 2021, the Government announced that EWS1 forms should no longer be requested for buildings below 18 metres high.

2022

In January 2022, the Government scrapped a proposed loan scheme for leaseholders in medium-rise flats and added new statutory protections for leaseholders within the Building Safety Bill.

The Fire Safety Act amends the Regulatory Reform (Fire Safety) Order 2005 to require all Responsible Persons to assess, manage and reduce the fire risks posed by the structure and external walls of the buildings for which they are responsible. This includes cladding, balconies, windows and individual doors opening onto public parts of the building. It applies to all multiple occupied residential buildings and is not dependent on the height of the building. It allows the Fire and Rescue Service to enforce non–compliance with the external walls and the individual doors opening onto the public parts of the premises.

The Fire Safety Act sits alongside the Building Safety Act, which became law in 2022. This act changed the regulations for building design and construction and will focus on High-Rise/High-Risk residential premises.

A new Building Safety Regulator for fire safety has been formed under the responsibility of the Health and Safety Executive (HSE), which will oversee the design, construction and occupation of High-Risk Buildings.

The HSE deliver an inspection regime through a ‘competent and registered workforce’ such as that provided by Local Authority Building Control (LABC) services.

View the latest Government news about fire prevention.

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Building Control

West Offices, Station Rise, York, YO1 6GA

Telephone: 01904 551333

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