Frequently Asked Questions

DID YOU KNOW?

• Building Control carried out 3,871 on-site inspections during the period 1 April 2001 to 31 March 2002.
  
• Building Control received 644 Full Plan applications, 86 Regularisation applications and 89 Building Notice applications in the year 2001.
  
• Building Control has approximately 20,000 files in archives for work carried out in the Omagh area since 1973.
  
• 466 new houses were commenced in the Omagh District Council area during the period 1 April 2001 to 31 March 2002.
  
• 294 new houses were completed in the Omagh District Council area during the period 1 April 2001 to 31 March 2002. This is 55% of all works completed that year.
  
• Building Control issue a Completion Certificate when work is considered complete.
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• Building Control's umbrella organisation, Building Control Northern Ireland, has been on-line since 28 March 2000 at www.buildingcontrol.org
  
• Building Control is currently embracing e-commerce and will within soon be able to receive applications on-line.
  
• Building Control will carry out same day foundation, site hardcore and drainage inspections if notice to inspect is received before 10.30 am.

FAQ's

WHY DO WE NEED BUILDING REGULATIONS?

Building Regulations exist to secure the health, safety, welfare and convenience of people in and around buildings and to further the conservation of fuel and power. They are also becoming more and more concerned with the sustainability of the construction industry and our buildings in particular. Recent revisions have included the extension of Part R (Access and facilities for disabled people) to include dwellings. The Building Regulations try to achieve these aims by requiring reasonable standards to be achieved in the design and construction of a wide range of buildings including houses, hospitals, offices, shops, schools, public buildings and other places of work.

Building work is also controlled under Planning Legislation. Separate building and planning approval is required for most construction work but certain work is permitted without approval. Always check with the appropriate planning and building control authorities before commencing work.

WHO ADMINISTERS THE BUILDING REGULATIONS?

Local Councils have a statutory duty to administer the Regulations in their area. In other words, they must enforce the Regulations so as to achieve a set standard of construction. They do this through the Building Control Department. If you require assistance the Building Control Service of your local Council will be pleased to help. The address and other contact details of the Building Control Department of Omagh District Council are given ……………………………………………………….

In deciding what are reasonable standards for the design and construction of a particular building, a District Council will have regard to the relevant parts of the Regulations which, in many cases, refer to authoritative publications such as British Standards or the Department's own Technical Booklets. These are known as "Deemed to Satisfy Provisions" and basically if these standards are followed, you will comply with the relevant Building Regulations. However, you do not need to follow the deemed to satisfy provisions, you may use other appropriate guidance or methods but may have to show that they satisfy the Regulations.

WHAT DO THE BUILDING REGULATIONS COVER?

If you want to put up a new building, extend or alter an existing one, or provide services and fittings such as drains, a heat-producing appliance, sanitary facilities or an unvented hot water storage system, the Building Regulations will probably apply. They may also apply to certain changes of use of an existing building even though no structural work may be taking place.

Some work that you intend to undertake may not be controlled if it is far enough away from your house, neighbouring property or a public road. In all cases it would be advisable to take professional advice or consult the Building Control Department in the District Council.

DO MY NEIGHBOURS HAVE THE RIGHT TO OBJECT TO WHAT IS PROPOSED IN MY BUILDING REGULATION APPLICATION?

No. However, while you are not required by the Building Regulations to consult your neighbours, it may be courteous to do so.

A District Council cannot intervene in disputes that may occur between neighbours as a result of approved or exempt building work.

DO I NEED APPROVAL FOR A LOFT CONVERSION?

Yes. Extending your dwelling to make use of your attic space is a structural alteration and/or a change of use. You will need to make a full or building notice application along with plans and appropriate fee.

DO I NEED APPROVAL TO MAKE INTERNAL ALTERATIONS TO MY HOUSE?

Yes, particularly if it involves the removal or part removal of a load bearing construction, e.g., a wall, joist, beam or chimney breast or would affect the fire precautions which are of a structural nature. You also need approval if the work entails alterations to the drainage system or affects the means of escape in case of fire.

DO I NEED APPROVAL TO BUILD AN EXTENSION TO MY HOUSE?

Yes, although there are some extensions to which the Regulations do not apply. For example the erection of a ground storey conservatory, porch or an attached greenhouse with a floor area not exceeding 30 m2 are exempt from the requirements of the Building Regulations in some instances. Again you should consult the local Building Control office or see our guidance sheets.

DO I NEED APPROVAL TO BUILD A DETACHED GARAGE?

No, provided it is under 30 m2 in floor area and is either built substantially of non-combustible material or is one metre from the boundary of the property or a dwelling.

DO I NEED APPROVAL TO BUILD A DETACHED GREENHOUSE?

No, provided it meets the requirements of detached garages, as above.

DO I NEED APPROVAL TO BUILD AN ATTACHED GARAGE OR OTHER BUILDING?

Yes, but a covered way, car port or similar structure at ground level is exempt provided it is open on at least 2 sides and is under 30 m2 in floor area.

DO I NEED APPROVAL TO BUILD OTHER DOMESTIC BUILDINGS, EG, GARDEN SHED, ETC?

No, provided it is a detached single storey building, less than 15 m2 in floor area and is at least one metre from a dwelling or boundary.

Larger single storey buildings which meet the conditions laid down for a detached garage, see paragraph above, may also be built without approval.

DO I NEED APPROVAL TO BUILD OR ALTER A GARDEN WALL OR BOUNDARY WALL?

No. But of course you should make sure that the work is done safely to avoid accidents. Advice on the safe construction of free standing walls is available from your District Council.

DO I NEED APPROVAL TO CARRY OUT REPAIRS TO MY HOUSE?

No, if the repairs are of a minor nature and you are replacing like for like. This includes replacing the felt to a flat roof, repainting, and replacing a small area of brickwork.

Yes, if the repair consists of removing a major part of a wall and rebuilding it. In the case of re-roofing, if the tiles are of the same type then no approval is needed. If the new tiling or roofing material is heavier or significantly lighter than the existing material then an approval under Building Regulations is probably required.

WHAT MUST I DO TO INSTALL NEW WINDOWS IN MY HOUSE?

New windows that are essentially similar to those being replaced, i.e., same size, shape, ventilation, opening, quality of glazing, etc, automatically comply with the Regulations. Others must comply with the Regulations but you are not required to submit notices and plans to the District Council for approval. If a larger opening is required then it is a structural alteration for which Building Control approval must be sought. You are strongly advised to ensure in any case that the replacement windows provide adequate means of escape in case of fire.

DO I NEED APPROVAL TO INSTALL OR ALTER THE POSITION OF SERVICES AND FITTINGS IN MY HOUSE?

Bath, WC, sinks, etc - No, unless the work involves new or an extension of drainage.
Heating appliances - Yes, in all cases except electrical systems.
Hot water storage - Only if it is an unvented system.
Electrical wiring - No, but the work should be carried out by a competent tradesman and should comply with prescribed electrical standards.

DO I NEED APPROVAL TO INSERT CAVITY WALL INSULATION?

Yes. The insertion of insulation into a cavity wall is defined as a structural alteration and therefore requires Building Control approval. This may seem trivial, but incorrectly installed cavity insulation may lead to problems with damp penetration or staining due to cold bridging. It is difficult to tell if the inserted material achieves full coverage, however an authentic certificate of guarantee from the installer may provide you with some redress in the event of problems occurring. There is no Building Control fee for this type of application.

DO BUILDING REGULATIONS APPLY TO OTHER BUILDINGS?

Yes, in addition to dwellings they also apply to, the construction, alteration, extension or change of use of, for example, shops, offices, educational establishments, health buildings, public buildings, hotels, bars, cafeterias and factories, etc.

DO I NEED APPROVAL TO CONVERT MY HOUSE INTO FLATS?

Yes. Even if no structural work is required. Plans need to be drawn up showing details of the intended work and submitted to your District Council along with the appropriate fee.

WHAT MUST I DO TO OBTAIN APPROVAL?

If the Council is satisfied that the work, shown on the plans, complies with the Regulations, you will be issued with an approval notice and a copy of your approved plans.

WHAT HAPPENS IF THE COUNCIL IS NOT SATISFIED WITH THE PLANS I HAVE SUBMITTED?

You will be invited to amend the plans or submit further information in order to show the Council that the proposals will comply with the Building Regulations. If you think that what is being required is unreasonable you should consider in the first instance discussing the matter with the officer responsible for assessing your proposal and if still unhappy, ask to speak to a senior officer in the Building Control Service.

You also have the right to ask the Council for a dispensation or relaxation of the particular regulation or, more commonly, a deviation from the deemed to satisfy provision. If the Council is not prepared to grant this, or is not satisfied with your revised proposals, or you do not respond in time your plans may be rejected.

WHAT DO I DO IF MY PLANS ARE REJECTED?

You can re-submit them with amendments to make them comply with Building Regulations. Alternatively, if you think the decision to reject is not justified, you can refer the matter to the Department of the Environment for an independent decision.

You can also appeal to the Department against the Council's refusal to relax or dispense with a particular regulation.

WHEN CAN I START WORK?

Work can start at any time once plans have been submitted to the Council and they have deemed the application valid. The Council will however remind the developer in writing that plans are not yet approved and any work carried out may require remedial attention, even if in accordance with those plans. The developer is still required to give the Council 2 days notice in writing before commencing. You are therefore strongly advised to wait until your plans are approved to avoid the risk of carrying out work that does not comply with the Regulations.

WHAT HAPPENS AFTER I HAVE STARTED WORK?

The council may wish to inspect the work at various stages and the Regulations require written notices as set out below. However, in order to help developers most councils will accept telephone calls, faxes, emails, etc and will arrange inspections to suit you whenever possible. You are asked however to bear in mind that the Building Control office is a very busy environment and site inspections are organised in a rota basis so that surveyors can manage their complete workload that includes inspections, plan assessments, queries, professional advice, etc.

Notwithstanding the above, Omagh District Council Building Control have a policy for same day inspections to aid the developer. Provided the Building Control department receives notice of an inspection for foundations, site hardcore or drainage before 10:30am, we will endeavour to carryout that inspection on that same day.

If you fail to notify the Council of the work you may be required to open or pull down some of the work to enable the Council to check that it complies with Building Regulations.

WHAT ARE ACCEPTABLE BUILDING STANDARDS?

Information on building standards is contained in the Building Regulations, the Department's Technical Booklets, British Standards, etc. Copies may be obtained from HMSO, Arthur Street, Belfast or the British Standards Institution, Linford Wood, Milton Keynes respectively.

The Department's Technical Booklets detail specific measures that will satisfy the requirements of most of the Regulations. Popular opinion would suggest that these are "good" standards but should be looked upon as minimum in most cases. If you prefer you may use another method but you may have to show how it meets the Regulations, unless obviously surpassing them.

WHAT ARE THE POWERS OF THE COUNCIL?

A Building Control officer may enter premises at any reasonable time for the purposes of inspecting building work. You should ask for evidence of authority and identity before allowing entry to your house.

The Council may carry out tests to ensure that the work conforms to the Regulations. If you have not given notice of the various stages of work the Council may request that you open or pull down work which prevents it from ascertaining if the Regulations have been contravened.

The Council cannot reject any work that has been executed in accordance with your approved plans. However, when you are considering what to do about such work, you should remember that you have a responsibility for the health and safety of the people using the building.

WHAT HAPPENS IF I CONTRAVENE THE REGULATIONS?

The Council may require you to carry out remedial works so that the finished project does not contravene the Building Regulations. If you refuse, the Council may serve a contravention notice requiring you to do so within 28 days after which you may be prosecuted for contravening the Regulations and/or the Council may take down or fix the work and charge you the cost.

WHAT CAN I DO IF I DISAGREE WITH A CONTRAVENTION NOTICE?

You can seek help from an independent expert and ask him to provide a report. Provided you inform the Council within 28 days of the date of the contravention notice, all action will be deferred until 70 days after the date of the contravention notice. The Council may withdraw a notice in light of an expert's report.

You may also, within the 28 or 70 day periods, appeal to the Department of Finance and Personnel against the contravention notice. The Council may take no action until after the Department has given its decision, which may either, agree with or overrule the Council.

WHAT ARE THE PENALTIES FOR CONTRAVENING THE BUILDING REGULATIONS?

The Council will only seek to prosecute if you refuse to correct the work. If you are convicted of a contravention you are liable for a fine not exceeding £5,000 and to a further fine of £500 for each day the offence continues after conviction.

DO I HAVE TO PAY FOR THE BUILDING CONTROL SERVICE?

Yes, fees are payable for approval of the plans and inspection of the work. Your District Council will advise you of the required fees. However a fee schedule is available online.

WHAT DO I GET FOR MY MONEY?

The District Council will check your plans and if they comply with Building Regulations you will receive an approval. If they do not, you will be asked for additional information or revised plans so that approval can be issued. The Council will also advise you on any issue you want clarified if you are unsure about a specific regulatory requirement. The Council will also inspect the work at various stages. You are also entitled to receive a Completition certificate from the District Council for the satisfactory completion of work based on plans submitted and approved after 28 November 1994.

The Building Control Service of your District Council provides a professional, independent and impartial check for you on the quality of work carried out by your builder. Building Control surveyors are able to provide helpful advice on any building work that you wish to carry out on your home. If the work at your home has been completed in compliance with the Building Regulations you may avoid some possible problems with the future sale of your property.

WHAT IF I HAD CARRIED OUT WORK WITHOUT APPROVAL AND WISH TO HAVE IT LEGALISED?

There is now a process that can be followed to have unauthorised work validated. The process is called Regularisation and it can be used for any work carried out since 01 October 1973. An application will require at least a completed form, a location map and an appropriate fee. However more details may be requested if deemed necessary to establish the adequacy of the work. This process has been established in order to facilitate the conveyancing process but should not be seen as an easy way to achieve Building Regulation approval. See Regulations for more details.

WHAT RIGHTS DO I AS AN APPLICANT HAVE?

• A District Council is permitted to take up to 56 days from the date of submission to consider your plans although you and the Council may agree to extend this period for the purposes of ensuring that your proposals comply with the Regulations.
• You have the right, if no decision is given within the 56 day period and you and the Council have not agreed to extend this period, to assume that your plans have been rejected, and you may appeal for a decision to the Department of Finance and Personnel.
• You have the right to appeal to the Department of Finance and Personnel against any rejection of your plans within 56 days of the notice of rejection.
• You have the right to request the Council to dispense with or relax any regulation you feel is unreasonable. If the Council do not give you their decision within 56 days you are entitled to assume that your request has been refused, and you can then appeal to the Department of Finance and Personnel.
• You may appeal to the Department of Finance and Personnel against the refusal by the Council to dispense with or relax the Regulations within 56 days of the Council's notice of decision.
• If you are served with a contravention notice you have 28 days in which to correct the work or inform the Council that you will be seeking a written report from an independent expert or appealing to the Department of Finance and Personnel. If you are engaging an expert the time for appealing to the Department is extended to 70 days.