Building Control - Regularisation Certificates

Summary

 

Where alterations or extensions are carried out to buildings without first applying for a building regulation approval, it is now very common for such contraventions to come to light during the house sales search process.

This can cause problems for the house seller not able to supply the perspective purchaser's solicitor with the appropriate approval notice.

For works undertaken after 11th November 1985 you can now apply to building control to regularise the situation and obtain a regularisation certificate. (Note: this procedure is not applicable to retrospective planning permission and you are advised to consult the planning officer for advice.)

We can not regularise situations prior to the above date.
An owner is under no obligation to submit an application and equally the council is under no obligation to accept an application.

As in most cases the work will have been completed, it is the applicant's responsibility to carryout the opening up works as required by Building Control to allow us to determine Building Regulations compliance has been achieved.

Any remedial work found to be necessary as a result of this opening up works will then have to be undertaken by the applicant, until Building Control are satisfied that the works comply with the regulations. The applicant must be willing to comply with all such reasonable requests.

If we find that we cannot determine (or cannot determine without unreasonable cost or disruption to the owner) what work would enable compliance with regulations, the Regularisation charge is not refundable and no Regularisation certificate will be issued.

Once Building Control is satisfied that the requirements of the building regulations have been achieved we may then issue a Regularisation certificate.

 

 

• Regularisation Application Form
• Regularisation Fee Sheet

 

Eligibility

 

You can apply to Building Control to regularise and obtain a regularisation certificate for alterations or extensions that were carried out to a building after 11th November 1985 without first applying for a building regulation approval.

 

Procedure

 

It is advisable to contact Building Control to discuss the requirements of this complicated procedure prior to submission of the application to regularise.

You should request a Regularisation application form, the completed application form should be returned to Building Control.

The form should consist of

• Statement of unauthorised works.
• 1 copy of a plan showing the unauthorised work. (So far as is reasonably practicable).
• Approximate date work was completed, which is important as you can apply the regulations that were applicable at this completion date.
• Regularisation fee - calculated at 120% of the current date fee scales. No VAT is payable. This is equivalent to the Building notice charge plus 20% (please note there is no VAT is applicable). (Please note the combined fee as a building notice is payable).

 

Helplines

 

Telephone: (01226) 772678
24 hour answer phone: (01226) 772699
Fax: (01226) 772698
Email: buildingcontrol@barnsley.gov.uk

 

Charges/Fees

 

Subject to certain exceptions, a fee is payable to cover the cost of Building Regulations submission process such fees (Regulation Fees) comprise a single one off payment which covers all necessary site visits until the council is satisfied that a regularisation certificate can be issued.
The fee is payable on submission of the application for a Regularisation Certificate.

 

Method of Payment Available

 

Payments can be made in the following ways:
small amountscan be made by cash
cheques (made payable to Barnsley M.B.C.)
or credit/debit card payments can be made by telephone on (01226) 772678

 

Opening Times/Locations

 

We can be contacted by telephone during normal office hours:

Monday - Thursday: 8.30 - 5.00
Friday: 8.30 - 4.30

 

Applications and correspondence should be sent to:

 

Building Control Services

Planning & Transportation Service

Barnsley Metropolitan Borough Council

PO Box 604

Barnsley

S70 9FE

 

 

 

 

 

How the customer can help

 

 

Once you have submitted your application form you can help us by arranging for a site inspection to take place to determine what works will need to be uncovered in order for the Building Control Officer to determine whether or not compliance with the building regulations has been achieved.

 

Application Form References

 

Please contact Building Control to obtain copies of our application forms.

 

Leaflets

 

Please contact Building Control for copies of our information leaflets.

 

Distribution Points

 

Advice, application forms and information leaflets are available at one of the Council's Customer Contact Centres.

You can visit us at the Barnsley Connects Service Centre, The Civic, Eldon Street, Barnsley, S70 2JL between 9.00 - 1.00pm Monday – Friday, where we provide a duty surveyor to give technical or general advice. 

 

Legislation

 

Work carried out without Building Regulation approval can be subject to legal action by the council.

This Regularisation Procedure does not preclude the instigation of legal action by the council under section 36 of the Building Act 1984, which may in turn lead to a requirement to rectify serious contraventions

Generally, the Council will only pursue legal action where contraventions represent serious safety deficiencies.

 

Websites

 

Local Authority Building Control (LABC)

 

Response Times/Next Steps

 

Only on completion of all works can we issue a Regularisation Certificate.

OR

It maybe that we send a letter of rejection, explaining reasons why a certificate cannot be issued, i.e. lack of opening up, refusal to remedy defective works, you are unable to determine the works necessary to achieve compliance, etc. In such circumstances the regularisation fee is not refundable, as the authority will have incurred costs in considering the application.

 

Out of Hours Procedure

 

Not applicable.

 

Owner Officer Contact Details

 

Building Control - Telephone (01226) 772678

 

Additional Notes

 

Inspections are carried out by the Council to determine compliance with the Building Regulations that were in operation at the time of construction.

Inspections will only be undertaken once an application has been deposited.

 

Frequently Asked Questions

 

What are the Building Regulations?

The Building Regulations are legal requirements aimed at achieving minimum standards of construction. The main purpose of the Regulations is to safeguard the health and safety of people in or about buildings. They are also concerned with energy efficiency and access and facilities for disabled people. Building Regulations apply to all types of buildings - domestic, commercial, assembly and institutional.

What types of work require Building Regulation approval?

The Building Regulations cover most types of building work. For example, new buildings, extensions or alterations to existing buildings, loft conversions, the installation or alteration of drainage or heating appliances, structural alterations, installation of new windows or doors, electrical installations, and changes of use all require the submission of a Building Regulation application. If in doubt contact Building Control Services.

How much do I have to pay?

Full details of the Building Regulations charges system and amounts payable for all types of work are available upon request and will be supplied with your application forms. If the work is for the access and facilities of a disabled person then it may qualify for exemption from the payment of charges. Further information on charges can be obtained by contacting Building Control Services. The authority is required by government to set building regulation charges to cover the cost of providing the service.