Local authority control and private certification

Local authority control

Two main procedural options are available under the local authority system of control:

  • the service of a building notice; and
  • the deposit of full plans.

The table below explains when each option applies, and sets out the procedure under each option. In this table, 'you' refers to the applicant or the builder, as appropriate.

Building notice

Full plans

A building notice cannot be used where the building is a workplace, as defined in the Regulatory Reform (Fire Safety) Order 2005.

A full plans application can be used for any type of building work and gives the added protection of having the plans approved.

The notice is served on the local authority, together with the full charge payable.

The full plans application is deposited with the local authority, usually together with 25% of the full charge payable.

Work may be started after 2 working days. The local authority may ask for further details to support the notice.

With agreement, work may be started after 2 working days; however, before the plans are checked and approved, it is at your own risk. You will be invoiced for the remaining part of the charge after work starts.

You must inform the local authority at certain stages of the work so they can inspect the work. As no plans have been approved, it is important that these notifications are given.

You must inform the local authority at certain stages of the work so they can carry out inspections to confirm that building work is in accordance with the approved plans.

On satisfactory completion of the building work, you will be given a completion certificate.

On satisfactory completion of the building work, you will be given a completion certificate.

Building notices, full plans applications and notices from approved inspectors, including initial notices, may be submitted electronically, provided the local authority agrees (introduced by the Building (Electronic Communications) Order 2008).

There are also cases where work consists only of the installation of certain gas heating appliances by approved installers, where neither a building notice nor a deposit of plans is required. This is generally where the person carrying out the work is the 'gas undertaker' (formerly British Gas) or a Gas Safe (Capita) registered plumber who has the appropriate qualification and is approved under Regulation 3 of the Gas Safety (Installation and Use) Regulations 1998 to carry out such work. This is known as self-certification.

Since 1 April 2002 other types of self-certification have been possible. The following are examples (for a full list see Schedule 3 of the Building Regulations 2010 and subsequent additions and deletions:

  • The installation of an oil-fired combustion appliance with an output rating not exceeding 45kW, which is installed in a building not exceeding 3 storeys; and the installation of oil storage tanks and pipework to combustion appliances. Installers of these appliances and materials must be registered under the Registration Scheme for Oil Firing Technicians (run by the Oil Firing Technical Association (OFTEC)) in respect of this type of work.
  • The installation of a solid fuel combustion appliance with an output rating not exceeding 50kW, in a building not exceeding 3 storeys. Installers of these appliances must be registered under the Registration Scheme for Companies and Engineers involved in the Maintenance of Domestic Solid Fuel-Fired Equipment, by Blue Flame Certification Ltd.
  • The installation, by way of replacement, of a window, roof light, roof window or door in an existing building. These installers must be approved under the BM Trada Certification Ltd, Blue Flame Certification Ltd, CERTASS Ltd, Certsure LLP; by Fensa Ltd under the Fenestration Self-Assessment Scheme; by NAPIT Registration Ltd, Network VEKA Ltd.
  • The Building (Amendment) Regulations 2017.

From 1 January 2005, any 'competent person' carrying out electrical work subject to Part P of the Building Regulations and registered with one of the Part P self-certification schemes approved by the Department for Communities and Local Government (DCLG) has not been required to give a building notice or to deposit full plans. However, the 'competent person' must deposit a self-certification certificate with the local authority no more than 10 days after completion of the work.

It is also possible to have an intermediate situation, between a building notice and full plans, where plans may be passed in stages.

Local authorities are prohibited by section 4(3) of the Localism Act 2011, under which they may not do things for a commercial purpose in relation to a person if statutory provision requires them to do those things in relation to that person.

Approved inspectors

An Approved Inspection is a registered individual or company with the CICAIR. They are appointed to the project by a client or their agent to fulfil the building control function.

Details of the building work, including plans, are given to the approved inspector for assessment as to whether the building work complies with the Building Regulations. If a plan assessment is required, the approved inspector may provide a plans certificate. The client and approved inspector will jointly serve an initial notice on the local authority, giving brief details of the scheme, including any necessary plans.

The client should notify the approved inspector when work is to start, in order that he or she may carry out the agreed site inspections. Generally, this must be at least 5 days after the initial notice was served on the local authority.

The work should be carried out in conformity with the Building Regulations, and the client (or the builder) must notify the approved inspector at the stages of work already agreed.

On satisfactory completion of the work, the approved inspector will give the local authority a final certificate. If necessary, the approved inspector will consult the local fire authority.