Building Control

Other statutory requirements

In addition to meeting Building Regulations requirements there are various statutory requirements for services.

If you are only dealing with maintenance work this is unlikely to be a problem, but as soon as you start extending, altering, or doing significant refurbishment on new building works you need to consider:

  • Will the existing services network cope if any new demand is placed on it?
  • Will there be any significant extra costs for service connections?
  • Will any services need diversion works (often a problem for new build on a brownfield site)?
  • Will any licences be needed to excavate on work alongside an adopted main road?

    • All these are questions that Building Control will ask, so advanced preparation is essential. There is a bewildering array of various legal ‘Section Agreements’ which may be required by the local authority or the service provider. The following checklist picks out the key questions to ask.

    Services 'section agreements' checklist
    Service Considerations Notes
    Water Mains potable supply?
    Foul water drainage?
    Surface water drainage? You will need contingency plans if SUDS (sustainable urban drainage systems) such as soakaways are not feasible.
    Electricity High or low voltage supply?
    System capacity?
    Above or below ground?
    Gas Where are the pipes?
    What is the capacity?
    Telecoms Where and what is available?
    Roads/highways Adoption agreements?

    At the moment, the main developments can be dealt with by a Section 38 Highways Act (HA) Agreement unless the Local Highways Authority is minded otherwise.

    This will allow the contractor to carry out the works with the design and site works approved and inspected by the local authority for adoption on completion.

    Works can normally take place while the adoption is being negotiated, and final adoption can take place on payment of the inspection fee and works warranty to the Local Highway Authority. But check first.
    Crossovers and new road entrances? Section 184 Highway Act works include: the building of entrances to garages, private parking bays, or the creation of a highway entrance to ‘Section 38 roads’ within the site boundary.
    Major works to existing public highway required for developments purposes?

    These would be Section 278 Highway Act works.

    The works must be agreed in principle with the Local Highway Authority, be technically audited and safety audited and the necessary legal agreement signed with ‘bound’ drawings before works can take place on the existing highway.

    The legal agreement can take months to complete. Ask the local authority if a temporary works agreement can be reached subject to clients’ written undertaking to complete the Section 278 works. Find out the cost before your client agrees, though.
    Need to temporarily open up the existing highway and later reinstate and existing? Covered by Section 171 of The Highways Act.
    Need to return land beneath the road to the original owners or those plots to which the frontage would return?

    You will need Section 247 – Stopping-up Order under the Highways Act.

    This process to stop up existing highway can take time, as various notices and plans need to be lodged and advertised for public consultation prior to any closure or working on the existing public highway.

    Do not underestimate the potential for delays, and investigate well in advance with the Highways Authority where appropriate.