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What happens if you build without building regs?

Breach of the building regulations is a criminal offence and action may be taken under Section 35 of the Building Act 1984 against a person who contravenes them. If convicted, that person can be fined up to £5,000 for each offence, and may also have to pay a daily fine if the default continues after conviction.

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1. Work controlled by the regulations

The following building work is controlled by the regulations:

putting up a new building

extending or altering an existing building

providing services or fittings in a building such as washing and sanitary facilities, hot water cylinders, foul water and rainwater drainage, replacement windows and fuel-burning appliances of any type. Find out more about when you may need approval, see Building Regulations on the Planning Portal.

2. Material change of use

A material change of use is when there is a change in the purpose or the circumstances in which you use a building so that it, or any part of it:

is used as a dwelling where it wasn't before

contains a flat where it didn't before

contains fewer or more flats than there were before

is used as a hotel or boarding house where it wasn't before

is used as an institution where it wasn't before

is used as a public building where it wasn't before

is not an 'exempt building' where it was before.

When a material change of use takes place, the building or affected part, needs to be upgraded to satisfy the regulations. Fire safety, ventilation provision and energy conservation applies to all the cases above.

Structure, weather resistance, fire spread and sound insulation apply in specific cases.

3. Technical requirements

The technical requirements and guidance on how to meet the regulations are found on GOV.UK, however, please remember, that these are for advice only. See building regulations approval guidance. There is an interactive diagram of a house on the planning portal which provides guidance on building regulations for common household projects, see: Interactive house diagram.

4. Enforcing building regulations

Building control carries out enforcement action where building work doesn't comply with building regulations or there is a danger to the health and safety of either the public or individuals.

Health and safety executive

The enforcement of site operations is outside the scope of building regulations.

If you are having construction or refurbishment work done, you may need to notify the Health and Safety Executive (HSE).

Non-compliance with the building regulations

Breach of the building regulations is a criminal offence and action may be taken under Section 35 of the Building Act 1984 against a person who contravenes them. If convicted, that person can be fined up to £5,000 for each offence, and may also have to pay a daily fine if the default continues after conviction. Section 36 of the Building Act allows a notice to be served requiring the owner to do one of the following:

pull down or remove any work contravening the regulations

bring the work into compliance with the regulations.

Rather than take action for a breach of the regulations, we prefer people to work with us to achieve compliance. Formal enforcement action is usually taken as a last resort.

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Can you convert a garage into a living space without planning permission?

Planning permission is not usually required to convert your garage into additional living space for your home, providing the work is internal and does not involve enlarging the building.

Planning permission is not usually required to convert your garage into additional living space for your home, providing the work is internal and does not involve enlarging the building. However, sometimes permitted development rights have been removed by condition which may prevent a garage from being able to be converted without planning permission. This is often the case if your property is located in a housing estate. A condition attached to a planning permission may also require that the garage remain as a parking space. In such instances you will need to apply for permission to vary or remove the condition.

What to do if permitted development rights have been taken away

In cases where permitted development rights have been taken away by a condition attached to a previous planning permission, you will need to submit a planning application to vary or remove that condition. Application forms and fees can be found on the Planning Portal website. You can also download forms from the Planning Portal website. See Further guidance on making an application and information needed to register an application. With such applications, the Council may need to consider, amongst other things, whether the loss of the parking space within the garage would have a harmful impact upon highway safety.

Listed Buildings

Where work is proposed to a listed building, listed building consent may be required. Find out if your property is a listed building. If you wish to know if your property has had its 'permitted development' rights for garage conversions removed you can email us. See fee for this service.

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