Building Regulation Rules for Windows, Doors & Conservatories

Building Regulation Rules

Building Regulation Rules for Windows, Doors & Conservatories

Building Regulation Rules for Windows, Doors & Conservatories discussed by Polar Bear Windows & Doors

Understanding everything you need to know about building regulations is complicated and at Polar Bear Windows & Doors we will guide you through the processes, what you need to do, when and with who and will even do some of it for you.

It is important to know what you can and can’t do when it comes to changing your windows, doors or extending your home with a new conservatory or you want to replace an old one so our Planning Permission Rules for Windows, Doors & Conservatories will help you, along with our expert advice when you start your journey with us.

The team at Polar Bear understand that the rules and regulations around Permitted Development, Planning Permission and Building Regulations are complicated and our design, planning and installation service for your Windows, Doors or Conservatory incorporates all the guidance and support you need.

If you want to extend your home with a new conservatory, replace your existing conservatory or just replace your conservatory roof we will explain if it will be allowed under ‘permitted development rights’, if you need ‘planning permission’ or ‘building control’ and will guide you through the processes involved.

(certain information in this article has been taken from the sources noted)

The Competent Person Scheme (CPS) regulates the double-glazing industry and the Department for Communities and Local Government set the scheme up in 2006. Its main function is to ensure that double glazing installations follow Building Regulations as well as protect the buyer’s interests and installation quality.

Since 1st April 2002, all replacement window and door installations must be covered by a Building Regulation Compliance Certificate issued either from a member of an authorised Competent Person Scheme (CPS) or directly from the building control department of your local authority to show they legally comply with Building Regulations.

All double-glazing installers now legally need to be a member of a government authorised Competent Persons Scheme (CPS) such as; Certass or FENSA. The benefits of this as a customer is; you avoid any local authority inspections and fees, as well as having full protection for the installation of doors and windows that has been carried out if there are ever any problems.

Competent Person Schemes were set up by the government to provide an alternative to submitting a building notice or using an approved Local Authority inspector for certain home improvements. Members of Competent Person Schemes self-certify that their work meets all current building regulations and register the work completed with the local authority on behalf of the homeowner.

Individuals and firms approved as a Competent Persons Scheme member undergo strict vetting procedures and are routinely inspected to ensure they carry out installation work in accordance with current building regulations. Any breaches to an installers guarantee must be rectified by the installer or the CPS membership is suspended until the remedial work is completed. Certass provides the installer with the Building Regulation Compliance Certificate for the work carried out which they then pass on to their customer.

At Polar Bear, we are members of Certass and we use them to register the work we carry out. If we are replacing new for old windows or doors we register the work we have completed with them and they issue a certificate for the work we have carried out.

The Certass scheme does not cover new porches, extensions and conservatories, however, we will give you advice and guidance on any building regulations and planning permission needed so you can apply and arrange the permission you need.

If you sell your property then you will need to provide the building regulation Certass Certificate to the new owners, this is managed by your solicitor as part of the legal process and documents needed when selling your property.

Our customers receive their building regulation Certass Certificate along with their guarantees and aftercare documents when all work has been completed and full payment has been made.

Our customer’s deposits are protected by QANW (Quality Assured National Warranties) which is a mandatory glazing insurance backed guarantee. Certass registered Competent Person contractors are required to provide an insurance policy from their chosen provider which covers their own guarantee if they cease trading and this gives you peace of mind that our products and installations are of the highest quality and you are always covered.
An insurance backed guarantee provides protection for homeowners and offers confidence to the customer that their installer is reliable and trustworthy. The insurance backed guarantee honours the terms of the installing contractor’s own guarantee so if they cease trading and are therefore not able to resolve any guarantee issues the customer is able to make a claim for the defect of workmanship against the insurance backed guarantee.

Planning Permission Summary

You do not need planning permission if it is a single-storey extension which can be up to 6m from the original rear wall of an attached house (or 8m on a detached property) and up to 4m in height. If your extension is to be within 2m of your property’s boundary, the eaves height is limited to 3m.

You do not need planning permission if it is a double-storey extension which cannot be taller than the highest part of your existing roof; it mustn’t extend beyond the rear wall by more than 3m; must be at least 7m from the boundary; be built-in materials to match the original structure; no two-storey extensions can be made to the front of the house, or to any wall parallel to the highway.

What is Permitted Development?

Permitted Development allows a homeowner to extend their home without the need for planning permission if it is within certain guidelines and size, and these rules also apply when you want to make improvements to your home which may include; extending your home with a first floor Guardian Extension or a new Guardian Conservatory or replacing your existing conservatory roof with a new Guardian Warm Roof.

Permitted Development Guidance from GOV.UK
(this information is sourced from GOV.UK)

Permitted development rights, allow householders to improve and extend their homes without the need to apply for planning permission where that would be out of proportion with the impact of works carried out.

This technical guidance has been produced to help homeowners understand how they can exercise their rights to carry out development while protecting the interests of their neighbours and the wider environment. It is designed to be used by anyone who wants to understand more about the detailed rules on householder permitted development and the terms used in those rules. Permitted development rights to allow householders to improve and extend their homes without the need to apply for planning permission where that would be out of proportion with the impact of works carried out. Larger single-storey rear extensions are subject to a neighbour consultation scheme (see page 19). It is important that homeowners understand how they can exercise their rights to carry out development while protecting the interests of their neighbours and the wider environment. The structure of the rules on permitted development

The rules on permitted development, set out in Schedule 2 of the Order, are sub-divided into a series of Parts. Part 1 specifically deals with development within the curtilage of a house. Part 1 is then sub-divided into Classes covering various types of development:

Class A covers the enlargement, improvement or alterations to a house such as rear or side extensions as well as general alterations such as new double glazed windows and doors. From 30 May 2013 to 30 May 2019 a neighbour consultation scheme for larger rear extensions under Class A is required.

Class B covers additions or alterations to roofs which enlarge the house such as loft conversions involving dormer windows.

Class C covers other alterations to roofs such as re-roofing or the installation of roof lights/windows.

Class D covers the erection of a porch outside an external door.

Class E covers the provision of buildings and other development within the curtilage of the house.

Class F covers the provision of hard surfaces within the curtilage of the house such as driveways.

Class G covers the installation, alteration, or replacement of a chimney, flue or soil and vent pipe.

Class H covers the installation, alteration, or replacement of microwave antenna such as satellite dishes.

There are also other parts of the rules that may be relevant to householders. For example:

Part 2 covers matters such as erection or construction of gates, fences and walls, exterior painting, charging points for electric vehicles and CCTVs. Part 14 covers the installation of domestic microgeneration equipment such as solar panels. When considering whether a development proposal is permitted development, all of the
relevant parts of the rules and all the Classes within those Parts need to be taken into account. For example,

Part 1 Class A prevents the installation, alteration or replacement of a chimney, flue or soil and vent pipe from being permitted development because these works are specifically provided for in Class G subject to the rules set out under that Class. Similarly, changes to the roof of a house are not permitted development under Class A but may be permitted development under Class B or C.

For construction work to be allowed under permitted development, a proposal must meet all the limitations and conditions under each Class relevant to the proposal. It is therefore essential that any proposed household development is considered in the context of the permitted development rules as a whole in order to determine whether it benefits from permitted development rights and therefore does not require an application for planning permission.

For example, where a proposed two-storey extension at the rear of a house has a roof that joins onto the main roof of the original house, the works will need to meet the requirements of both Class A (which covers the enlargement of the house) and Class C (which covers any alterations to the roof) in order to be permitted development. If the works also include the creation of a dormer window to enlarge the roof space, either in the extension or the original roof space, then they would also need to meet the requirements of Class B.

Further restrictions on permitted development. It is important to note that a local planning authority is allowed to remove permitted development rights in some or all of its area by issuing what is known as an Article 4 Direction; or may have removed those rights on the original, or any subsequent, planning permission for the house. Where permitted development rights have been removed in either of these ways a planning application will be needed for development. Before undertaking any development, checks should be undertaken with the local planning authority to determine whether any such restrictions on permitted development have been made.

The remainder of this guidance provides further explanation about the detailed rules covering what improvements can be made to a house and its surroundings as permitted development. In particular it provides more details on the limits (for example on size) and the conditions that will need to be complied with if development is to take place without the need for an application for planning permission. The guidance covers in detail Classes AE of Part 1 of the rules which cover common development projects such as extensions, loft conversions, alterations to a roof, porches, and buildings on land surrounding the house. The rules for Classes F-H are included in this document for reference but detailed guidance on them is not included, although cross-references are included to other guidance published by the Department for Communities and Local Government.

You can find the full guidance and explanation on Permitted Development here at GOV.UK

What is Planning Permission in England and Wales?
(this information is sourced from GOV.UK)

When you need Planning Permission

You’ll probably need planning permission if you want to:

 build something new
 make a major change to your building, eg building an extension
 change the use of your building

To find out if your project will need planning permission, contact your local planning authority (LPA).

When you don’t need Planning Permission

Some building projects don’t need planning permission. This is known as ‘permitted development rights’.

Building projects that normally have permitted development rights include:
 industrial premises and warehouses – though there are some limits and conditions
 some outdoor signs and advertisements – though there are special rules around these
 demolition – but before you begin you must get approval to demolish from your local planning authority

There are other projects that might not need planning permission, eg projects that will have no impact on your neighbours or the environment. If you think this could apply to your project, check with your Local Planning Authority.

Community Rights in England

If your building project benefits the local community, and the community supports it, you may not have to go through the normal planning permission process. Neighbourhood planning and Community Right to Build lets your community grant planning permission directly under certain circumstances.

After you apply

Your local planning authority (LPA) will decide whether to grant planning permission for your project based on its development plan. It will not take into account whether local people want it.

To decide whether a planning application fits with its development plan, an LPA will look at:
 the number, size, layout, siting and external appearance of buildings
 the infrastructure available, eg roads and water supply
 any landscaping needs
 what you want to use the development for
 how your development would affect the surrounding area, eg if it would create lots more traffic

In most cases, planning applications are decided within 8 weeks. In England, for unusually large or complex applications the time limit is 13 weeks. If the decision takes longer, you can appeal.

Appeals

If your application is refused, try to come to an agreement with the local planning authority (LPA) by adjusting your plans.

If you can’t reach an agreement, you can appeal. Appeals can take several months to be decided.

What you can appeal against
You can only appeal against a decision if the LPA:

 refuses your application
 grants permission but with conditions you object to
 refuses to change or remove a condition of planning permission that has been granted with conditions
 refuses to approve something reserved under an ‘outline permission’ – planning permission for a general idea, not of a specific plan
 refuses to approve something that you were told to build by your LPA as part of previous planning permission, ie the previous planning permission was granted ‘with conditions’ and the current development was one of the conditions
 does not make a decision on the application within the deadline and doesn’t get your written consent to change the deadline
 serves you with an enforcement notice because it thinks you have broken planning permission and you don’t agree

When do you need approval and what approval do you need?
(this information is sourced from the Planning Portal)

What is Building Control?

Building regulations are minimum standards for design, construction and alterations to virtually every building. The regulations are developed by the UK government and approved by Parliament.

The Building Regulations 2010 cover the construction and extension of buildings and these regulations are supported by Approved Documents. Approved Documents set out detailed practical guidance on compliance with the regulations.

Building regulations approval is different from planning permission and you might need both for your project.

You can apply to any local authority building control department or Approved Inspector for building regulations approval.

If you are carrying out building work personally, it is very important that you understand how the building regulatory system and material applies to your situation as you are responsible for making sure that the work complies with the building regulations.

If you are employing a builder, the responsibility will usually be theirs – but you should confirm this at the very beginning. You should also bear in mind that if you are the owner of the building, it is ultimately you who may be served with an enforcement notice if the work does not comply with the regulations.

Some kinds of building projects are exempt from the regulations, however generally if you are planning to carry out ‘building work’ as defined in regulation 3 of the building regulations, then it must comply with the building regulations. This means that the regulations will probably apply if you want to:

 Put up a new building
 Extend or alter an existing one
 Provide services and/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
 The works themselves must meet the relevant technical requirements in the building regulations and they must not make other fabric, services and fittings less compliant than they were before – or dangerous. For example, the provision of replacement double-glazing must not make compliance worse in relation to means of escape, air supply for combustion appliances and their flues and ventilation for health.

 They may also apply to certain changes of use of an existing building. This is because the change of use may result in the building as a whole no longer complying with the requirements which will apply to its new type of use, and so having to be upgraded to meet additional requirements specified in the regulations for which building work may also be required.

In summary, the following types of project amount to ‘building work’:

 The erection or extension of a building
 The installation or extension of a service or fitting which is controlled under the regulations
 An alteration project involving work which will temporarily or permanently affect the ongoing compliance of the building, service or fitting with the requirements relating to structure, fire, or access to and use of buildings
 The insertion of insulation into a cavity wall
 The underpinning of the foundations of a building
 Work affecting the thermal elements, energy status or energy performance of a building.

Before commencing work you should refer to Regulation 3 of the Building Regulations for the full meaning of ‘building work’ or, if you are unsure, seek advice.

How do you get Approval?

The building regulations apply to most building work, therefore it is important to know when approval is needed.

The responsibility for checking that building regulations have been met falls to building control bodies either from the local authority or the private sector as an approved inspector. The person carrying out the work has the choice of where to get approval for the building work.

How to get approval depends on whether a local authority building control (LABC) service or an approved inspector building control service is being used.

What is Onsite Approval?

Onsite Approval – The process

If you are carrying out building work you are required, under the building regulations, to give the local authority notice of when the work has reached a particular stage. The local authority will explain about the notification procedures which the regulations require you to follow at various stages of the work.

When these stages are reached the work should pause to give the authority time to make an inspection. They will advise you if the work does not comply with the building regulations.

If the local authority is not informed of relevant stages of work for inspection it may, by notice in writing, require the work to be opened up for inspection so that it can be ascertained whether or not the work complies with the building regulations.

If a local authority believes that your building work contravenes the building regulations, they may serve you with an enforcement notice requiring you to alter or remove work which contravenes the regulations. If you believe that your work does comply, you may appeal against this notice.

Please note: The inspections which building control bodies (PCBs) undertake should not be confused with full site supervision. Inspections are only carried out at certain stages of the building work. Completion certificates or final certificates, which local authorities or approved inspectors respectively issue, are therefore not a guarantee or warranty for the building work that has been carried out.

Onsite Approval – Site Inspections

Where a local authority building control service is being used, the building regulations require that notice is given to the local authority of commencement and completion of the work and at certain other stages:

 Commencement: at least two days before the work is commenced
 Completion: not more than five days after the work is completed.

In respect of other stages, the notice required is (in practice) at least one whole day’s and relates to:

 Excavation for a foundation (before covering up)
 The foundation itself (before covering up)
 Any damp proof course (before covering up)
 Any concrete or material laid over a site (before covering up).

When these stages are reached the work should pause to give the authority time to make an inspection. They will advise you if the work does not comply with the building regulations.

Where a building is being erected, and that building (or part of it) is occupied before completion, the person carrying out the work is required to give the local authority at least five days notice before the occupation.

If the local authority is not informed of relevant stages of work for inspection it may, by notice in writing, require the work to be opened up for inspection so that it can be ascertained whether or not the work complies with the building regulations.

Onsite Approval – Enforcement appeals

If a local authority believes that your building work contravenes the building regulations, they may serve you with an enforcement notice requiring you to alter or remove work which contravenes the regulations. If you believe that your work does comply and wish to appeal against this notice you can:

 Advise your local authority that you wish to obtain a written report from a suitably qualified person about the compliance of your work with a view to persuading the authority to withdraw the notice. In this event, the 28 day period given by the local authority to rectify the building work is extended to 70 days
 Appeal against the notice in the magistrates’ court and demonstrate there that your building work complies. This option can be used either as an alternative to the above, or if proceedings under that option have been unsuccessful. You must make your appeal within 28 days of receiving the notice or within 70 days if you have used the above option first.

If you are successful with either option, your local authority may be required to pay your costs.

If on the other hand, you believe that your work cannot be expected to comply with one or more of the requirements in the building regulations because they are too onerous or inapplicable, you do have the right to apply to your local authority for a relaxation or dispensation of the requirement(s) in question in order for your completed building work to be considered to achieve compliance.

Your application must be made within 28 days of receiving the enforcement notice from your authority. If they refuse your application you have a right of appeal (in England) to the Department for Communities and Local Government or, in Wales, to the Welsh Assembly Government against that refusal, providing you do so within one month of that decision. However, if you take this course of action in response to an enforcement notice, and if you have originally maintained that your work was in compliance, your case is likely to be more difficult to justify.

Pre-Site Approval

Pre-Site – Approval Introduction

If you choose to use a local authority building control service, there are three types of application for approval you can make.

There is a charge payable for these applications, which may vary between local authorities, but is regulated by the Building (local authority charges) Regulations 2010. You should contact your local authority for details of their charges.

Pre-Site Approval – Full Plans

You can apply for building regulations approval from your local authority building control service by submitting a full plans application.

An application deposited under this procedure needs to contain plans and other information showing all construction details, preferably well in advance of when work is to start on site.

Your local authority will check your plans and consult any appropriate authorities (e.g. fire and sewerage). They must complete the procedure by issuing you with a decision within five weeks or if you agree, a maximum of two months from the date of deposit.

If your plans comply with the building regulations you will receive a notice stating that they have been approved. If your local authority is not satisfied you may be asked to make amendments or provide more details. Alternatively, conditional approval may be issued. This will either specify modifications which must be made to the plans; or will specify further plans which must be deposited with your authority.

Your local authority may only apply conditions if you have either requested them to do so or have consented to them doing so. A request or consent must be made in writing. If your plans are rejected the reasons will be stated in the notice. A full plans approval notice is valid for three years from the date the plans were deposited, after which the local authority may send you a notice to declare the approval of no effect if the building work has not commenced.

Your local authority will carry out inspections of the building work once it is in progress. They will explain the notification procedures which the regulations require you to follow at various stages of the work – e.g. in connection with foundations, damp proof courses and drains. In addition, if you request one when you first make your application, the local authority will issue you with a completion certificate provided they are content that the completed work complies with the building regulations.

A further point to bear in mind is that, if a disagreement arises with your local authority, the ‘full plans’ procedure enables you to ask for a ‘determination’ from (in England) the Ministry for Housing, Communities and Local Government or (in Wales) the Welsh Assembly Government about whether your plans do or do not comply with the building regulations.

Pre-Site Approval – Building Notice

You can apply for building regulations approval from your local authority building control service by giving a building notice.

Plans are not required with this process so it’s quicker and less detailed than the full plans application. It is designed to enable some types of building work to get underway quickly; although it is perhaps best suited to small work.

There are also specific exclusions in the regulations as to when building notices cannot be used. These are:

For building work in relation to a building to which the Regulatory Reform (Fire Safety) Order 2005 applies, or will apply after the completion of the building work.
For work which will be built close to or over the top of rainwater and foul drains shown on the ‘map of sewers’
Where a new building will front onto a private street.

If you decide to use this procedure you need to be confident that the work will comply with the building regulations or you will risk having to correct any work you carry out if your local authority requests this. In this respect, you do not have the protection provided by the approval of ‘full plans’.

Once you have given your ‘building notice’ and informed your local authority that you are about to start work, the work will be inspected as it progresses. You will be advised by the authority if the work does not comply with the building regulations. If before the start of work, or while work is in progress, your local authority requires further information such as structural design calculations or plans, you must supply the details requested.

A ‘building notice’ is valid for three years from the date the notice was given to the local authority, after which it will automatically lapse if the building work has not commenced.

On satisfactory completion of works, a local authority will automatically issue a completion certificate under either the full plans or building notice procedure. However, it is only possible to ask for a determination when using the full plans procedure.

Where to get approval

Where to get approval – Introduction

 

The role of checking that building regulations are being complied with falls to building control bodies (PCBs).

There are two types of BCB, a local authority building control service and a private sector approved inspector building control service.

Customers are free to choose which type they use on their project and there are voluntary performance standards in place for BCBs.

If you are employing a builder to do your work you should be clear from the outset whether they are taking responsibility for ensuring that the building work complies with the building regulations, and also whether they are taking responsibility for liaising with the building control service you have decided to use. If the builder is registered with a recognised competent person scheme, they may be able to self-certify some or all the work they are carrying out.

An additional reassurance will be to use an installer and/or products that have been certified by a third-party organisation as being competent and fit for purpose. These 3rd party certification schemes are not normally an alternative to formal building regulations approval.

In addition, you should bear in mind that your building work may require planning permission. You will need to check the position and if you do require permission you will need to be clear whether you, your builder or designer are taking responsibility for obtaining it.

Some types of building development may also be subject to other types of statutory requirements and consents.

Where to get approval – Local authority building control services (LABC)

The LABC

Local authority building control teams in England and Wales help people comply with the building regulations by giving feedback on plans and providing site inspections.

The local authority has a general duty to see that building work complies with the building regulations unless it is under the control of an approved inspector. Only local authorities have the power to enforce standards if things go wrong.

Individual local authorities co-ordinate their services regionally and nationally (and provide a range of national approval schemes) via an organisation called LABC. You can find out more on the LABC website.

Use the search function on the LABC website to find building control details for any local authority.

You can find your Local Council Building Control Team here.
Local authority building control teams in England and Wales help people comply with the building regulations by giving feedback on plans and providing site inspections.

The local authority has a general duty to see that building work complies with the Building Regulations unless it is under the control of an approved inspector. Only local authorities have the power to enforce standards if things go wrong.

Individual local authorities co-ordinate their services regionally and nationally (and provide a range of national approval schemes) via an organisation called LABC. You can find out more on the LABC website.

What is the difference between Building Regulations and Planning Permission?
It is generally realised that a form of permission is required for building work or alterations of properties. However, it may not always be clear how the planning and building regulations approval regimes differ.

You may also have responsibilities under the construction health and safety regulations.

Building regulations 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 are conserved and facilities are provided for people, including those with disabilities, to access and move around inside buildings.

Planning seeks to guide the way our towns, cities and countryside develop. This includes the use of land & buildings, the appearance of buildings, landscaping considerations, highway access and the impact that the development will have on the general environment.

For many types of building work, separate permission under both regimes (separate processes) will be required. For other building work, such as internal alterations, buildings regulations approval will probably be needed, but planning permission may not be. If you are in any doubt you should contact your local planning authority or a building control body.

If you are carrying out or having any construction or building work done, you may need to notify the Health and Safety Executive (HSE) and may have other duties as well under the Construction (Design and Management) Regulations 2015 (CDM 2015). Although a domestic client does not have duties under CDM 2015, those who work for them on construction projects will.

(This information is provided from research and authority websites. No liability or responsibility is accepted by Polar Bear Windows & Doors. Please research local and national rules and laws for your building work, changes and alterations)

The information we have provided above is lengthy and complicated but our experts at Polar Bear will be able to give you guidance and advice which is applicable to your new or replacement conservatory or extension and we will explain what you need to do, when, how and with who in simple terms.

Contact us today on 0117 327 0127 if you are in Bristol, Bath or the surrounding areas and you are thinking about replacing your Windows, Doors or Conservatory and we can answer any questions you may have or we can arrange a free home survey for you.

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