All aspects of Building Control, Planning and Listed Historical Buildings can be a complex process and Bradley-Mason LLP can guide you through the processes from start to finish.

Building regulations differ from planning permission with planning permission dealing with appropriate development of new or existing buildings, whereas building regulations regulates how buildings are designed and modified. It is important that you consider both of these elements when looking to carry out any construction works.

Bradley-Mason LLP can assist with planning applications from initial design advice through to submission and supporting appeals and negotiating if necessary, in all, creating a seamless process for your project. We can work alongside developers, architects, designers and contractors, providing advice and avoiding any issues along the way so to achieve even the most complex building regulations approval on any type of project – no matter how big or small. We have extensive knowledge and experience when it comes to planning and building regulations, so please do not hesitate to get in touch if you have any queries.

BUILDING CONTROL

WHAT ARE BUILDING REGULATIONS?

Developed by the Government, Building Regulations set out the minimum standards required for design, construction and alterations to a building. The aim of Building Regulations is to ensure the health and safety of all users of buildings, including accessible facilities for those with disabilities. The regulations also have a large emphasis on conserving fuel and power, including carbon emission rates and energy efficiency targets. The different parts that make up the regulations are:

Part A: Structure
Part B: Fire safety
Part C: Site preparation and resistance to contaminants and moisture.
Part D: Toxic substances
Part E: Resistance to the passage of sound
Part F: Ventilation
Part G: Sanitation, hot water safety and water efficiency
Part H: Drainage and waste disposal
Part J: Heat producing appliances and fuel storage system
Part K: Protection from falling, collision and impact
Part L: Conservation of fuel and power
Part M: Access to and use of buildings
Part N: Glazing – Safety in relation to impact, opening and cleaning
Part P: Electrical Safety
Part Q: Security – dwellings

Building regulations are managed separately in England, Scotland and Wales. Our team at Bradley-Mason can offer knowledgeable advice wherever you are in the UK.

DO I NEED TO CONSIDER BUILDING REGS.?

Occasionally building works do not require the regulations, however this is rare and the majority of building work as specified in Regulation 3 of the building regulations must comply. As a building owner, you are responsible for meeting the requirements of the regulations and achieving building regulations approval – if work carried out does not comply with building regulations, you may be served with an enforcement notice. If you are not sure whether your works require building regulations approval, please give us a call and we can offer some free advice and information.

HOW DO I GET APPROVAL?

Once works are complete, they need to be checked by a Building Control Body to see if they comply and meet all requirements. The two available options are either a local authority building control body or a private sector approved building control inspector, both of which Bradley-Mason LLP can assist you with.
Scottish Building Standards differ to the English Building Regulations in that they are much more onerous. They are much more detailed and to gain a building warrant from the Scottish local authorities can be difficult and take time, often altering project’s timescales. Bradley-Mason LLP have submitted may building warrant applications with success and we are here to help you with yours.

PLANNING

WHAT IS PLANNING PERMISSION?

Planning permission is a process in which proposed works are assessed to see if they should be permitted. It is your local planning authority that make the final decision on whether to grant the permission.
Planning permission can be the largest risk on a construction project therefore it is vital that you have all of the correct information. Bradley-Mason LLP have vast experience in submitting both outline and detailed planning applications and can help you with your project no matter how large or small.

DO I NEED PLANNING PERMISSION?

If you are wanting to build something new, make a major change to an existing building, build an extension or change the use of your current building then it is very likely that you will require planning permission. Additional consents may also be required if the building is listed or is within a conservation area such as listed building consent. All planning permission applications go through the same approval processes but depending what the application is for decides which policies it will be assessed against. Major development applications can take up to 13 weeks for a decision to be made, where as other types of development take 8 weeks.

WHAT IS PERMITTED DEVELOPMENT?

Certain types of works are covered by permitted development – this means that you do not need to apply for planning permission. Small extensions to homes, offices or shops, interior remodelling, loft or garage conversions are covered by permitted development. Permitted development rights differ between dwellings and commercial buildings and are set out in The Town and Country Planning (General Permitted Development) Order 1995. They may also differ if the building is listed or in a conservation area. Bradley-Mason LLP are here to help with any queries you may have regarding planning permission.

HISTORIC BUILDINGS – LISTED BUILDINGS (LB)/CONSERVATION AREAS (CA)

WHAT IS A LISTED BUILDING?

If a building is listed, it has said to have a national importance in terms of architectural or historical interest. All listed buildings are included on the List of Buildings of Special Architectural or Historic Interest register. The older the building, the more likely it is that it will be listed. All properties constructed before 1700 which still have their good original condition will be on the register. It is unlikely that a property under 30 years old would be listed.

Listed buildings are categorised into grades:

Grade I: buildings of exceptional interest.
Grade II*: particularly important buildings of more than special interest.
Grade II: buildings that are of special interest, warranting every effort to preserve them

Alterations and extensions can still be carried out to listed buildings, however listed building consent is required – Bradley-Mason LLP can assist you with any queries and your application. The planning authority are concerned with preserving listed buildings and their special features, therefore careful consideration is taken when assessing the proposed works in the application.

WHAT IS A CONSERVATION AREA?

Conservation areas have special architectural or historical interests and they have been put into place to protect and enhance these areas as designated under Article 50 of the Planning (NI) Order 1991. Any new projects or amendments to existing properties within a conservation area will be evaluated on how they positively enhance the conservation area and will impact on the planning decision.

WHAT IF MY BUILDING IS LISTED OR IN A CONSERVATION AREA?

It is important to check whether your building is listed or in a conservation area as this could affect your plans. If this is the case, extra consents may be needed with the emphasis being on improving and preserving the property. If you are unsure how to do this we can assist you. It is important to note that it is a criminal offence to carry out work which needs listed building consent without gaining it beforehand.


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