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Planning Application - How To Guide

This "How to Guide " is a very long, but very informative pagmediume. Here you will discover a wealth of information to help you get approval. Simply go Back to Menu to select another topic. Whether your project is for a housing development, commercial, retail, industrial, leisure, agricultural or some other development idea, we hope it will answer most, if not all, of your questions. If not, simply drop us an e-mail give us a call on 01291 437 050.

 It is well worthwhile looking through the wealth of information on this page. Use the Section Menu to help you

Planning v Building Regulations

Before you can build you may have to obtain either or both Planning Permission and Building Regulation Approval. Click on the brief “3D Planning & Building Regs Tour" below to see what you may need planning and building regulation approval for

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Please note: This informal guide to planning permission and building regulations for householders has been created with the aid of the UK government’s advice and planning portal. Questions regarding specific situations or applications should be addressed to your local authority. Please check with your local authority before starting any work.

For help in understanding this, or with your applications, just call TimberTecs

If you wish, TimberTecs can design your building, draw your floor plans, make planning applications, obtain building regulation approval and even manage your total project for you.

 

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What is Building Regulation?medium

The Building Regulations are different and separate from the Planning Regulations, which deal with the use of land and property. The Building Regulations apply to building work (see below) in England & Wales and set standards for the design and construction of buildings to ensure the safety and health for people in or about those buildings. They also include requirements to ensure that fuel and power is conserved and facilities are provided for people, including those with disabilities, to access and move around inside buildings. Learn more about compliance and the consequences of not complying.

For more instant information go to TimberTecs Building Regulations Section section, or Guide

What is Planning?medium

Planning is about how the UK plans for, and makes decisions about, the future of our cities, towns and countryside. Over the centuries, a formal way of making these decisions has been established.

The purpose of planning has always been to make where we live as pleasant a place as possible. The best way of making this happen is for you to be involved in deciding how your local community is planned and your local council has to make provisions for you to be able to do this.

Is Building Regulations approval the same as planning permission?

Building Regulations approval is a separate matter from obtaining planning permission for your work. Similarly, receiving any planning permission that your work may require is not the same as taking action to ensure that it complies with the Building Regulations. You may need to have both!

If you are in doubt about this with respect to your project, ask for TimberTecs guidance now – phone 01291 437 050 to speak to a consultant.

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The UK Planning System

The UK planning system aims to Create better places for us, our children and grandchildren, to live. The planning system is needed to control development in your area and to plan for Sustainable Communities.

Anyone looking to extend their premises, build new premises or convert an existing building to suit their purposes may at some point come into contact with the planning system. However, the planning system does not just affect people wishing to build or extend their premises. You, in turn, may be affected by development proposed by others.

What development can take place – and where – is governed by guidance, strategies and plans drawn up by local, regional and central government. These can affect your property.

The plan-led system

In England and Wales, planning follows a plan-led system. This involves preparing plans that set out what can be built and where. The plan-led system was updated by an Act of Parliament (the Planning and Compulsory Purchase Act) in December 2004.
Under this law there are two main levels of plan:

  • Regional Spatial Strategies
    This requires each Regional Planning Body (such as the north-east of England) to prepare a Regional Spatial Strategy. The purpose of this is to set out things like how many homes are needed to meet future needs of people in the region, or whether a new major regional shopping centre, for instance, or an airport, are needed..
  • Local Development Frameworks
    Each local planning authority has to prepare a ‘Local Development Framework’. This is a folder of documents that sets out how their local area may change over the next few years.

There may also be other types of plan, such as how to deal with waste.
These plans are usually prepared by County Councils, with different types of plans usually being available from your local library.

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Local Authority / District Council Planning

Your local planning authority is responsible for deciding whether a development - anything from an extension on a house to a new shopping centre - should go ahead. Local planning authority usually means the district or borough council - not the parish or town council.

Time Taken for Decisions

Decisions on planning applications should be made within 8 weeks. Your local authority should also give you an idea of how long they expect it to take and ask for your agreement in writing to any longer period they require. If they don’t do this you can make an appeal (see below), but reaching agreement with them over how long you will allow them could be much quicker

More information about planning in your area

The planning system can look complicated and can put people off commenting on proposals for a new house or getting involved in the planning process.
But if you don't get involved you cannot be certain that your views will count.
Your first point of contact should be the staff in your local planning authority.
They are there to help. You can also contact the following:-

  • Planning Aid - a charity set up by planners to offer free and unbiased advice.
  • Professional advice, such as from a qualified planning agent or consultant
  • Your local elected councillor or Member of Parliament
  • The Commissioner for Local Administration if you feel that the local council has made a mistake in its decision-making process.

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Planning for Sustainable Communitiesmedium

In the UK all plans must take account of the sustainable needs of future communities. This means they must take account of the environment as well as setting out the types of development needed to help people live and work in the area.

It is important that individuals and communities get involved (see below) when plans are prepared. No one knows better than you what sort of place you want for you, your children and grandchildren to live.

When making their plans local planning authorities must ensure that suitable locations are available for industrial, commercial, retail, public sector, tourism and leisure developments, so that the economy can prosper.

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Statement of Community Involvement

Under the UK’s plan-led system your local planning authority must set out how it will involve the local community in a ‘Statement of Community Involvement’. This forms an important part of the UK’s new-look local development frameworks.

To make sure that your views are heard you should get involved in planning at an early stage

Draft plans prepared by your Local Authority are examined by independent inspectors from the government at inquiries, and everyone has an opportunity to contribute to these. Other people and organisations in your community will have different views that must be taken into account. It is unrealistic to expect that everyone can decide on the detail of everything that goes on in your area.

The Statement of Community Involvement will set out clearly how you can be involved.
Learn more about Statements of Community Involvement in Planning Policy Statement 12 (Local Development Frameworks).

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Getting involved in your Local Development Plan

All members of the community (you, businesses, community groups and other members of the public) can contribute to the process of preparing plans.
If your local plan includes policies favourable to your type of development or business in a particular area, it will be a lot easier for you to obtain permission. So it is in your interest to become involved when the plan is first being drawn up.

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Planning for Greener Homes

Communities and Local Government is committed to protecting and enhancing the environment and to tackling climate change, a global phenomenon with major environmental, social and economic implications for this country. The Government has set a target for reducing carbon dioxide emissions by 60 per cent (relative to 1990 levels) by 2050.

As part of its wide-ranging drive to meet that target the Government is encouraging householders and others to use microgeneration technologies to produce sustainable energy. At the same time the Government is emphasising the importance of energy efficiency and conservation. There is much all of us can do with relatively little effort to cut our energy use – and save money. This guide looks at the main domestic microgeneration technologies and for the different ways to make more efficient use of energy in the home.

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mediumThe Government has recently extended and clarified the scope of permitted development for installing microgeneration equipment in domestic properties.

The objective is to provide a clear set of rules that provide extra freedom for permitted development so long as it has little or no impact beyond the host property.
Wind turbines and air source heat pumps are not yet permitted development. However, once standards have been established to address the potential impacts of noise and vibration these technologies will also enjoy permitted development rights.

Planning & Environmental Impact Assessments (EIA)

EIA is a procedure that must be followed for certain types of development before they are granted development consent. The requirement for EIA comes from a European Directive (85/33/EEC as amended by 97/11/EC). The procedure requires the developer to compile an Environmental Statement (ES) describing the likely significant effects of the development on the environment and proposed mitigation measures.
The ES must be circulated to statutory consultation bodies and made available to the public for comment. Its contents, together with any comments, must be taken into account by the competent authority (e.g. local planning authority) before it may grant consent. Ask TimberTecs for the best way to go about this.

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New to the Planning Process?

Please view the following links to find out what you need to know about the planning process, or continue reading.

How TimberTecs can help with your Application for Planning Permission

As experienced planning consultants we are pleased to be able to offer a full range of services to suit your project and your budget. Our services include:

TimberTecs offer a truly flexible approach to help you as little or as much as you want. Please speak with one of our advisors today on 01291 437056.

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Obtaining Planning Permissions

Generally speaking, anyone in the UK who wants to change the use of land or buildings, including altering the buildings or building new structures, requires ‘planning permission’ before they can do so. Such permission is obtained by making an application to their local authority planning department.

To be valid such application for planning permission must include all relevant statutory information like plans, drawings and the appropriate fee where required. Any other information required by the particular local authority planning department in support of the planning application must also be submitted. Your local authority will be able to tell you what they require for your specific application.

Pre-Application Discussionsmedium

It is often a good idea to talk to your local planning officers in the development control department before making your planning application. They can help you make sure that you submit everything required. They will also be able to give you an idea of how long it will take before you obtain a planning decision. There are targets set for all planning authorities over how long they can take to reach a decision.

In particular it is a good idea to ask them if you need to submit an environmental impact assessment (EIA) and what type of information they will need you to provide with this so that you can prepare properly before submitting your planning application. More information on what an EIA involves can be found here.

Planning Application Charges

Whether or not your local planning authority make you a charge for discussion your development proposals with you before you make your outline or detailed application will usually depend on how large and complex your proposals are.

As a general rule, if your development proposals are in accordance with the ‘development plan’ published by your local authority, it is likely that they will be favourably disposed towards this, although this will depend on any ‘material considerations’ and other facts that may apply.

Application Fees

Your local planning authority are authorised to charge you for every planning application you submit. This goes to help defray their costs in considering and processing applications. You can ask them to let you have a copy of their scale of charges, which will be higher for larger and more complex development planning proposals.

The revenue from fees contributes towards the cost to the council of handling applications and the fee is not refundable unless the application is invalid. Article 5 of the Town and Country Planning (General Development Procedure) Order 1995 sets out the general provisions relating to applications.

Ask TimberTecs for help with your house or floor plans, survey, design, engineering, drawings, planning or building applications. Call 01291 437 050 and ask to speak to a consultant now, or click here to e-mail our help-line

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Where the local planning authority fails to determine your application, or where you submit a valid application and then withdraw it at any time before it has been determined, the fee will not be refundable. However, if the local authority fails to determine your application, you can appeal.

Some applications are exempt from fees. When a previous application has been granted, refused or withdrawn, one further application by the same applicant for the same type of development on the same site can generally be made free of charge within twelve months. It is for the council to decide whether this concession applies.

Fee Calculator: The fee calculator can assist you by working out the cost of any particular planning application. It takes the form of a series of 'yes or no' answers from which data is compiled to calculate the total cost of the application ranging from a simple householder development to large scale schemes such as housing schemes or industrial estates.

The fee calculator is a 'standalone' tool and does not have to be used in conjunction with any other portal service.

Launch the fee calculator (opens in a new window).

Ask TimberTecs for help with your house or floor plans, survey, design, engineering, drawings, planning or building applications. Call 01291 437 050 and ask to speak to a consultant now, or click here to e-mail our help-line

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Do I Need Planning Permission?

You do not always need planning permission. It is not generally required for internal building works, or for small alterations to the outside, such as installing telephone connections and alarm boxes. Other small changes, for example putting up boundary walls and fences below a certain height, have a general planning permission for which a specific application is not needed.

However, Planning Permission is often necessary to change the way that land or buildings are used. The Town and Country Planning (Use Classes) Order 1987 (as amended) puts uses of land and buildings into various categories. These categories group uses which have a similar land use impact, so that under the Use Class Order, planning permission is not needed when a change of use would result in similar land use impacts to those of the existing use but it is needed when the land use impacts would be different. There is more information about Use Classes here.

If in doubt ask your local planning authority

It is not always necessary to make the planning application yourself. You can appoint an agent (for example TimberTecs) to do it for you.

Ask TimberTecs for help with your house or floor plans, survey, design, engineering, drawings, planning or building applications. Call 01291 437 050 and ask to speak to a consultant now, or click here to e-mail our help-line

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Who can apply for planning permission?

Planning permission is not given to anyone personally, but is tied to the land. This means that land can be sold or transferred with the benefit of such permission, although this may take the land, or its subsequent development, subject to one or more ‘planning conditions’. Generally these are things that have to be done as part of the development, or before the buildings can be occupied. Sometimes, however, they may restrict the way in which it can be used, or the person/s who may use it. If your property is subject to such condition, you may need to apply to get it removed before going ahead with your development work.

A planning application will not be valid unless the appropriate Certificate of Ownership is completed and submitted with the application. 

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Planning Applications

Most new buildings or major changes to existing buildings or to the local environment need consent - known as planning permission. Each application for planning permission is made to the local planning authority for the area. The application must include enough detail for the authority to see what effect the development could have on the area. Page

If the planning application is in line with the approved plan, the applicant can usually expect to receive planning permission within eight weeks for householders. Approval for larger, commercial developments often take longer

Local residents must be told about planning applications. All applications have to be advertised to give other people (known as 'third parties') the opportunity to give their views for or against them.
It is not unusual to find either your council, or the developers, or both wanting to consult you – especially about big proposals for development, before a planning application is made.

Planning Officer

People who work in the local planning department are there to help - most of them are planners and they care about the environment and creating better places to live.

Planning & Development Control

Most people only come into contact with the planning system when decisions have to be taken about whether something can be built in their area.

Permitted Development / Planning

Some types of minor building work - such as a boundary wall below a certain height - do not need planning permission. This is because the effect of these developments on neighbours or the environment is likely to be small, and the government has issued a general planning permission to authorise them. This is known as permitted development.

Some areas have special protection against certain planned developments because they contain attractive landscape (like national parks) or interesting plants and wildlife, or because we need to control the spread of towns and villages into open countryside (like the greenbelt).

Some smaller areas of land also contain ancient monuments that must not be damaged. Some buildings are specially protected or listed buildings because of their architectural or historic interest. Your local planning authority can let you know whether you need permission. If the local authority refuses permission, the person applying can appeal to the government. Such appeals are dealt with by the Planning Inspectorate.

Ask TimberTecs for help with your house or floor plans, survey, design, engineering, drawings, planning or building applications. Call 01291 437 050 and ask to speak to a consultant now, or click here to e-mail our help-line

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Making An Applicationmedium

There are several ways you can make an application for planning permission. Forms used to obtain Planning Permission are generally available on line or from your local planning office.

Most planning applications fall under two headings
a) an application for outline planning permission
b) an application for full planning permission, or detailed permission

Applications for Outline Planning Permission

· If you just want to find out if your proposed development is likely to be accepted, you may be able to use this form of application to avoid having to submit detailed drawings. However, you may still be asked to provide additional information, or even be asked to submit a full application.

· The grant of outline planning permission will carry conditions requiring you to submit an application for full ‘detailed’ approval and address any ‘reserved matters’ before you can start work. Most probably this means that you will have to specify on drawings and in writing how the development will be sited, what it will look like, how it will be accessed, and what landscaping will be carried out. You may also need to get clearance form highway and other authorities. If your detailed proposals are different from the outline planning approval you may have to make a new planning application.

· Permitted development

Some types of minor building work (such as a boundary wall below a certain height) and minor changes of use (such as a change from a jewellery shop to a book shop) do not need planning permission.

This is because the effect of these developments on neighbours or the environment is likely to be small, and the Government has issued a general planning permission to authorise them. This is known as permitted development.

· Protected Sites and Areas

Some locations are specially safeguarded against certain types of development. These may relate to special landscapes (e.g. a national park) or where plants and wildlife need protection, or, as with ‘Green Belts’, to avoid the merging together of towns and cities.

It is also possible that smaller sites have ‘Ancient Monuments’ that must be protected against damage. Also some structures have special ‘listings’ or protections to preserve our architectural or historic heritage.

· Agricultural Buildings and Farming Businesses

It is unusual for planning consent to be required for agricultural operations, or to use existing buildings for related purposes. Generally speaking it is also not required for internal building-work or small external alterations like installing an alarm box.

Where an application involves a holding of 5 or more hectares, then existing development rights permit buildings to be extended or altered. Such permitted development rights also cover such excavation and engineering works as are reasonably necessary. However, local planning authority approval may still be required for particular details.

· For most other types of development

... and for changing the use of your property you will generally need to apply for planning permission.

Ask TimberTecs for help with your house or floor plans, survey, design, engineering, drawings, planning or building applications. Call 01291 437 050 and ask to speak to a consultant now, or click here to e-mail our help-line

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Applications for Full (Detailed) Planning Permission 

Making an application for full planning permission means you must submit detailed information on everything that you want to do. This type of application is most suitable when you want to change the land or building use, or when you need to make an early start on your development.

The UK Planning Portal online service can help you decide what type of planning permission is most appropriate for you and provides forms for you to make an online application.

What to submit for a planning application: Your application must be accompanied by a plan of the site, details of any proposed works and the fee. At least three copies of the form and plans are required, although some councils may ask for more. You must also complete a certificate to confirm that you own the land or have notified all owners of the land. TimberTecs can help with all of this.

Ask TimberTecs for help with your house or floor plans, survey, design, engineering, drawings, planning or building applications. Call 01291 437 050 and ask to speak to a consultant now, or click here to e-mail our help-line

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Planning Inspectorate

mediumThe main work of the Planning Inspectorate is the processing of planning and enforcement appeals and holding inquiries into local development plans and Local Development Frameworks. They also deal with a wide variety of other planning related casework including listed building consent appeals, advertisement appeals, and reporting on planning applications called in for decision by the Department for Communities and Local Government, or, in Wales.

The Welsh Assembly Government, various compulsory purchase orders, rights of way cases and cases arising from the Environmental Protection and Water Acts and the Transport and Works Act and other Highways Legislation. In addition they process applications for awards of costs which may arise from any of these.

Ask TimberTecs for help with your house or floor plans, survey, design, engineering, drawings, planning or building applications. Call 01291 437 050 and ask to speak to a consultant now, or click here to e-mail our help-line

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The Future of Development Control

The Planning and Compulsory Purchase Act promises to usher in major reforms for the development plan regime but the greatest challenge could be for development controllers. Development control officers could become an endangered species. Ministers have made it clear that "planners have become regulators and have lost the sense of vision that is needed to create sustainable communities".
While the legislation does not make this explicit, the sub-text would suggest that development controllers are out, development managers are in.

That is certainly the view of the Royal Town Planning Institute, whose recent manifesto was a call to arms on that very theme.A coalition of organisations launched a concordant explicitly intended to set a positive agenda for planning.

The Office of the Deputy Prime Minister (ODPM) and the British Property Federation are now shoulder to shoulder with the RTPI, the Audit Commission, the Planning Officers Society, the Planning Inspectorate, the Town and Country Planning Association and the Society of Local Authority Chief Executive.
They have all signed up to what amounts to cultural transformation. Instead of the "defensive, negative development-control-led doldrums", planning will deliver "environmental and economic quality for all our communities". That’s the pledge from the government. Making this happen will be a challenge.

Ask TimberTecs for help with your house or floor plans, survey, design, engineering, drawings, planning or building applications. Call 01291 437 050 and ask to speak to a consultant now, or click here to e-mail our help-line

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Architects & Planningmedium

Although Architects are not generally qualified as Town Planners, many will make planning applications for small schemes, like house extensions, individual new houses, or even small developments.
Due to the greater complexities of the whole planning, development and building process, larger professional practices are increasingly adding specialist planning divisions that employ full time professionally qualified Town & Country planners who try and cut down the time taken to obtain permissions by being able to address Local Authority planning officials on equal or better terms.
TimberTecs provides a very cost effective planning application service.

Ask TimberTecs for help with your house or floor plans, survey, design, engineering, drawings, planning or building applications. Call 01291 437 050 and ask to speak to a consultant now, or click here to e-mail our help-line

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Planning Consultants

Applicants and appellants may well need help from a variety of sources. Local people and organisations may offer willing amateur assistance, but professional support may be useful too.
For professional help consult TimberTecs, or turn to the register of planning consultants produced by the Royal Town Planning Institute. Fees are usually payable for this service
TimberTecs can help you with the Planning of Housing, Housing Development Plans and Estate Development Plans. Also for helping you minimise and/or deal with Planning Objections from Neighbours and other third parties.

Ask TimberTecs for help with your house or floor plans, survey, design, engineering, drawings, planning or building applications. Call 01291 437 050 and ask to speak to a consultant now, or click here to e-mail our help-line

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Refused Planning Permission?

If the local authority/council refuses your permission or imposes conditions, they must give written reasons.Make sure you talk to the Planning Officer responsible for your project. Avoid getting a planning refusal and having to resubmit by agreeing to minor changes. If you’ve already had your plans refused, talk to them about what changes are necessary before you resubmit your application (which you can do once without extra charge within 12 months of the first decision).

Alternatively, if you think the council's decision is unreasonable, you may wish to consider appealing to the First Secretary of State. If you appeal, your application will be out of the council's hands.

Ask TimberTecs for help with your house or floor plans, survey, design, engineering, drawings, planning or building applications. Call 01291 437 050 and ask to speak to a consultant now, or click here to e-mail our help-line

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Planning Appeals

Appeals must now be submitted within 6 months from either the date the decision was sent to you, or the date it should have been made. This applies to all §78 (planning) and §20 (conversion area and listed building) applications

Changes to the appeal period only affect decisions made from 14th January 2005 onwards.

Ask TimberTecs for help with your house or floor plans, survey, design, engineering, drawings, planning or building applications. Call 01291 437 050 and ask to speak to a consultant now, or click here to e-mail our help-line

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Building Work

Do I need Building Regulations Approval?

 

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All building work consists carried out under Building Regulation 3 must comply with the regulations and (usually) be approved by a recognised “Building Control Body”. These include new and extension works, anything that permanently or temporarily changes compliance with use, structural or fire regulations. It also applies to window replacements, controlled services or fittings, cavity wall insulation and foundation underpinning.

If a ‘Competent Person’ (as designated under the Building Regulations) is used to install certain types of fittings or services, like electrics, space or hot water heating, ventilation and air conditioning, new windows, showers, or toilets, they will be able to ‘self certify’ compliance of these works.

For more instant information go to TimberTecs Building Regulations Section section, or Guide

Ask TimberTecs for help with your house or floor plans, survey, design, engineering, drawings, planning or building applications. Call 01291 437 050 and ask to speak to a consultant now, or click here to e-mail our help-line

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If these are the only works being carried out you will then not need to use a recognised ‘Building Control’ service. This concession does not allow them to do any other type of work. It also requires them to meet the latest technical regulations and to avoid making any other fittings, services, or the fabric of the building itself either dangerous or less compliant than before the works were carried out. The installation of double glazing, for instance, must not adversely affect escape routes, healthy ventilation, the supply of air for combustion appliances and flues.

If change of use of an existing building results in the new use no longer complying with the regulations, Building Regulation approval must be obtained. This may mean upgrading the structure and components to met any additional requirements which the regulations specify as being required for the new use.

For more instant information go to TimberTecs Building Regulations Section section, or Guide

NOTES:
a) this introductory guide relates to English planning. Welsh Policy may be different. Please refer to your local council for clarification
b) this guide is not a legal reference

If you engage a registered ‘Competent Person’ to install electrical, plumbing heating, ventilation, windows, etc, then they will probably be able to ‘self certify’ their work and you will not need further inspection.

Therefore, you will not need to involve a Building Control Service. However, this concession is strictly limited to the specific type of installations and does not cover any other type of building work.

For more instant information go to TimberTecs Building Regulations Section section, or Guide

Ask TimberTecs for help with your house or floor plans, survey, design, engineering, drawings, planning or building applications. Call 01291 437 050 and ask to speak to a consultant now, or click here to e-mail our help-line

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You must avoid any works adversely affecting the fabric, fittings or services, or the way in which they comply with the regulations in respect of any proposed use of a building This includes making sure that the means of escape, ventilation and combustion air also comply. Remember that all upgrades and changes of use are also affected.

For more instant information go to TimberTecs Building Regulations Section section, or Guide

Ask TimberTecs for help with your house or floor plans, survey, design, engineering, drawings, planning or building applications. Call 01291 437 050 and ask to speak to a consultant now, or click here to e-mail our help-line

NB: This information applies to planning in England. It may be different in Wales. Check with your local council before taking any action.

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