Rules & Regulations You Need To Know

A fundamental part of our service is to advise you on the multitude of rules and regulations involved with home improvements.

There are issues of safety and security, build quality and installation quality, planning requirements, building control standards and a number of less obvious central & local Government regulations which you need to be aware of before you embark on any home improvement.

During our preliminary survey, we will discuss all relevant aspects of these rules & regulations and we will ensure that any specification we create for your project, conforms to these requirements.

If your project involves a planning application and/or building control involvement, we will discuss these procedures in easy-to-understand terms and we will assist in every way we can to make the process of applications as straightforward as possible.

Building Regulations

What are building regulations?

Most building work or repairs are not usually affected by statutory rules however all building work has to comply with the building regulations that are part of the Building Act 1984, which has been amended by the Building Regulations Act 1991. Details of these requirements can be obtained from the local authority responsible for the area in which the building work is to take place.

What areas of construction do building regulations effect?

Current requirements are primarily aimed at thirteen specific areas of construction and are very precise as to the correct way of constructing a building.

The areas are as follows:

• Type of structure;
• Fire safety;
• Site preparation and resistance to moisture;
• Resistance to passage of sound;
• Toxic substances;
• Ventilation;
• Hygiene;
• Drainage and waste disposal;
• Stairways, ramps and guards;
• Heat producing appliances
• Conservation of heat and Power;
• Access and facilities for the disabled;
• Glazing materials and protection.

This list is not in order of importance neither should it be considered as the preference in which the areas of regulation should be examined when planning building works.

All of the areas of construction in the list are covered in more detail in a handbook, available from the local authority-planning department.  Please note that a reputable builder should have a copy of the current regulations.

One important factor to bear in mind is that when building work takes place as an addition to an existing building, it is only the new work has to comply with building regulations, there is no obligation to bring the existing parts of the building in line with current requirements.

Any building works that are subject to building regulations have to be authorised and made available to inspection, this inspection is usually done by one of two bodies.  The local Authority planning department will have a sub-division called 'Building Control' whose job it is to inspect projects subject to control, the cost of this is levied in the form of a fee which is payable when you apply for building regulation approval.

Do building regulations affect all building work that you have done on your property?

Any building work has to comply with current building regulations, however sometimes only projects that have been subject to planning approval have to be inspected for compliance of the regulations. In some cases a project can require building regulation approval and inspection, but no planning approval. This subject is covered later.

If the work to be done is just interior or exterior decorating, fitting a new door, fitting an outside light or any other general building repair or maintenance there is no requirement to inform the local building control department at the local Authority.

Note: On a listed building or where a domestic dwelling is located in a conservation area, planning permission may be required for any improvements or alterations. Always consult your local planning authority.

Useful Links: The definitive Web site for Home Improvers living in the UK is www.planningportal.gov.uk

The Party Wall Act

The Party Wall Act 1996 came into force on 1 July 1997 and applies throughout England and Wales. The Act provides a framework for avoiding and resolving disputes in relation to party walls, boundary walls and excavation work close to bordering properties.

The Act created a set of additional rights for building owners and adjoining owners. Where the Act takes on board a common law right then the Act takes precedent.

For example, if a building owner wants to carry out work on their half of an existing party wall, (which was a common law right), they will have to serve a notice on the adjoining owner.

Whilst the adjoining owner can not stop a building owner from exercising the rights given them by the Act the adjoining owner can influence how and when the work is done.

What the Act covers

There are three main types of work covered by the Act:

• Work to be carried out on an actual party wall or structure
• A new building or structure at, or astride the boundary line between properties
• Excavation work within 3 or 6 metres of a neighbouring building or structure, depending of the depth of excavation

A Party Wall

A party wall separates two properties. The Act refers to three main types of party wall, known as a 'party wall', a 'party fence wall' and a 'party structure'.

A 'party wall' is one that either forms part of a building and stands astride the boundary of land belonging to two or more different owners; or it separates buildings and is either astride the boundary of land belonging to two or more owners. It may even stand completely on one owners land, but be used by two or more owners to separate their buildings. Common examples include a wall dividing two terraced houses, or a wall separating one person's garage from another person's house.

A 'party fence wall' divides land rather than buildings, as it stands astride the boundary line dividing land owned by different people. An example is a garden wall, but does not include other structures like wooden fences.

A 'party structure' is a division of buildings in other ways: E.g.: A floor partition separating upper and lower properties such as apartments.

How the Party Wall Act affects your project

If your project affects any part of the act, you must consult the neighbouring owners. Notices to neighbours must be served in writing between one and two months before the proposed starting date. The notice period depends upon which section of the Act the proposed work comes understand neighbours must give their written consent in response to your notice within 14 days.

Whilst serving a notice is the prescribed formal procedure, it is always advisable to approach affected neighbours personally, to discuss your plans. Any reasonable objection or alternative ideas could then be worked into your existing plans - and this will save money and avoid un-neccesary neighbour conflicts.

Our Project Manager or staff at Head Office will be able to clarify any issue on a particular project. As there are a number of issues to deal with and consideration must be afforded by both neighbours, it is best to broach the subject at the point of preliminary survey.

We are also able to offer advice on any potential or existing disputes with neighbours and can give you guidelines of how to deal with a dispute officially.

Further information is available from:

Website: www.communities.gov.uk

The Party Wall, etc Act 1996 is published by HMSO and is FREE via the above website.