|
|
How the Building Regulations apply in practice
WHAT IS ‘BUILDING WORK’ AS DEFINED IN THE
BUILDING REGULATIONS?
3.1 ‘Building Work’ is defined
in Regulation 3 of the Building Regulations. The definition means
that the following types of project amount to ‘Building
Work’:
- the erection or extension of a building;
- the installation or extension of a service or fitting which
is controlled under the regulations ;
- an alteration project involving work which will temporarily
or permanently affect the ongoing compliance of the building,
service or fitting with the requirements relating to structure,
fire, or access to and use of buildings;
- the insertion of insulation into a cavity wall;
and
- the underpinning of the foundations of a building.
3.2 If whatever work your project involves
amounts to ‘Building Work’ then it must comply with
the Building Regulations. This means that if you want to:
- put up a new building, or extend or alter an existing one
(e.g. by converting a loft space into living space);
- or provide services and/or fittings in a building such as:
– washing and sanitary facilities (e.g. WCs, showers,
washbasins, kitchen sinks, etc.), – hot water cylinders,
– foul water and rainwater drainage, – replacement
windows, and – fuel burning appliances of any type; then
the Building Regulations will probably apply. This means that
the works themselves must meet the relevant technical requirements
in Schedule 1 and they must not make other fabric, services
and fittings less compliant than they previously were –
or dangerous. For example, the provision of replacement double-glazing
must not worsen compliance in relation to: means of escape;
air supply for combustion appliances and their flues; and ventilation
for health. They may also apply to:
- certain changes of use of an existing building even though
you may think that the work involved in the project will not
amount to ‘Building Work’. This is because the change
of use may result in the building as a whole no longer complying
with the requirements which will apply to its new type of use,
and so having to be up-graded to meet additional requirements
specified in the regulations for which building work may also
be required.
POINTS TO WATCH OUT FOR ABOUT THE SITE YOU ARE GOING TO BUILD
ON: DRAINS, RADON, AND CONTAMINATED SUBSTANCES
3.3 You should take care to consider the site
on which you are proposing to build or extend. If, for example,
your proposed building work involves building close to or over
the top of drains, your Building Control Service will need to
consult the sewerage undertaker who may make recommendations on
what action to take to protect the drain from any damage which
could result from your building work. Many existing rain water
and/or foul water drains are shown on what is called ‘the
official map of sewers’. But even if a particular drain
is not on this map, and therefore not subject to the consultation
procedure, you should still consider what protective action may
be needed to protect it from your proposed building work.
3.4 You should also find out if the site on
which you want to build has a history of contamination. For example,
the site may:
- be in an area where the level of radon gas present in the
ground is such that there is a possibility that excessive
quantities of radon gas could build up in the building;
- contain contaminated substances either near the surface
or deeper down; or
- be within 250m of a landfill site. In such cases protection
from gas or contaminated substances may be required under
Part C (‘Site preparation and resistance to contaminants
and moisture’) of the Building Regulations.
AM I REQUIRED TO CONSULT MY NEIGHBOURS ABOUT MY PROPOSED BUILDING
WORK?
3.5 Generally there are no obligations to
consult your neighbours, but it would be sensible to do so. In
any event, you should be careful that your proposed building work
does not interfere with their property as this could lead to bad
feeling and possibly civil action for the modification or removal
of the work. For example, your work may comply with the Building
Regulations but could result in the obstruction or malfunctioning
of your neighbour’s boiler flue. You should also check your
boundary lines and satisfy yourself that there are no deeds of
covenant which may prevent you carrying out certain types of building
work close to or directly adjoining your neighbour’s property.
3.6 Although consultation with your neighbours
is not required under the Building Regulations, you should note
that if your project is subject to the Party Wall etc. Act 1996
you must give notice to adjoining owners under that Act (see Annex
B: ‘Sources of information’). Consultation and
objection procedures may also come into play if other legislation
is involved – particularly, for example, if your proposal
requires approval under Town and Country Planning legislation.
IF THE BUILDING REGULATIONS DON’T APPLY: DANGERS TO WATCH
OUT FOR
3.7 You should always bear in mind that although
the work involved in a building project may not amount to ‘Building
Work’ and consequently not be subject to the Building Regulations,
it may be subject to other statutory regulations and the end result
of what you want to do could result in a dangerous situation or
in damage to your own or your neighbour’s property. It may
also result in your own and/or your neighbour’s building
no longer complying in some way with the Building Regulations.
3.8 The type of points to watch out for are:
- Constructing an open air swimming pool, or a garden pond.
These can cause a danger – especially to children –
during construction and afterwards. Safety precautions will
need to be taken.
- Building a garden wall. Even if it is quite low, this can
present a danger if it is not built properly – especially
to children. A free leaflet is available on the construction
of free standing walls (see Annex B:
‘Sources of information’).
- Work involving any form of construction close to your own
home or your neighbour’s boundary which might, for example:
obstruct ventilation grills to ground floors; obstruct or cause
the malfunctioning of boiler flues; or produce boiler fumes
that are a nuisance to a neighbour.
- Adding a floor screed or decking to an existing balcony. This
may not always be subject to control under the Building Regulations
but may result in a reduction in the effective height of the
guard rail, and so increase the risk of people overbalancing
and falling.
- The building of an exempt building such as a car port, conservatory
or porch (see Annex A which summarises the exemptions in the
Building Regulations) which might, for example: obstruct ventilation
grills to ground floors; obstruct or cause the malfunctioning
of boiler flues; adversely affect the safety of a gas meter
due to reduced ventilation or excessive temperature exposure;
or prejudice safe gas appliance operating conditions.
- The removal of a tree close to a wall of your own house or
of an adjoining property. This could affect the foundations
and structural stability of the building. In all such cases
it would be advisable to seek professional advice and/or consult
your local authority.
|
|
