Flintshire County Council

Frequently asked questions - building control

---

Find answers to frequently asked questions about building control below:

1. Are the Building Regulations the same as Planning Regulations?
2. Do I need Building Regulation Approval?
3. Do I need to inform you if I want to demolish a building?
4. How do I report a dangerous structure?
5. What are the approved documents?
6. How do I apply for Building Regulations?
7. What is the difference between a Full Plans application and a Building Notice?
8. How long does it take for an application to be approved?
9. Can I apply for retrospective approval for works already carried out?
10. Do I have to pay for Building Regulation Permission?
11. Are there any penalties for contravening the Building regulations?
12. Do my neighbours have the right to object to what is proposed in my Building Regulations Application?
13. What is the Party Wall Act?
14. How can I get information about work carried out on my property, or a property I propose to purchase?
15. Can I view plans of works carried out on my property?

1. Are the Building Regulations the same as Planning Regulations?

No. Town and Country Planning legislation is completely separate from the Building Regulations. Planning permission may be required for the work you intend to carry out and should be obtained prior to the submission of a Building Regulations application. Contact the Council's Planning section if you are in any doubt.

Planning applications must be made to the relevant department of the Local Authority. Irrespective of the need to obtain planning approval, you may still also need to submit a Building Regulation application.

2. Do I need Building Regulation Approval?

Whatever works you are proposing to carry out view the Do I need Building regulation approval page for advice first.

3. Do I need to inform you if I want to demolish a building?

Yes, you will need to notify the Building Control Service if you intend to demolish a building or part of a building if it has an external volume greater than 50 cubic metres. No fee is required. You are also strongly recommended to contact the Local Planning Department to check to see if Planning permission is required.

4. How do I report a dangerous structure?

Flintshire Building Control deal with dangerous structures 24 hours a day and they should be reported immediately. Please contact the Service at: Building Control, County Hall, Mold, Flintshire, CH7 6NF

Tel:  (01352) 703418 within office hours, (01352) 762898 outside office hours,
Fax: (01352) 703615

5. What are the approved documents?

The Regulations are supported by Approved Documents which contain practical and technical guidance on ways in which the requirements can be met. They cover subjects such as structure, fire safety, ventilation, drainage, energy conservation and access and facilities for disabled people.

6. How do I apply for Building Regulations?

View Making an application – building regulations.

7. What is the difference between a Full Plans application and a Building Notice?

View a full explanation of each of the Full Plans and Building Notice applications on the Making an application – building regulations page

8. How long does it take for an application to be approved?

You have a choice on the full plans form to give Building Control five weeks or two months in which to make a decision. It can generally provide a decision within 15 working days, providing that no amendments need to be made to your plans. If amendments are required, the decision time will depend on how long you take to return the amendments required.

9. Can I apply for retrospective approval for works already carried out?

Yes - see Regularisation applications in Making an application – building regulations

10. Do I have to pay for Building Regulation Permission?

Yes, the levels of fees payable are shown in the charges scheme (PDF.doc 35.45KB new window)

11. Are there any penalties for contravening the Building regulations?

If you contravene the regulations by building without notifying the Local Building Control Authority or by carrying out work which does not comply, you can be prosecuted. If you are convicted, you are liable to a penalty not exceeding £5.000 plus £50 for each day on which each individual contravention is not put right after you have been convicted. If you do not put the work right when asked to do so, the Authority has power to do it themselves and recover costs from you.

12. Do my neighbours have the right to object to what is proposed in my Building Regulations Application?

No, however, whilst there is no requirement in the Building Regulations to consult  neighbours, it would be prudent to do so.

Objections may be raised under other legislation, particularly if your proposal requires planning permission. The Party Wall Act 1996 (new window) may also require that you notify your neighbour regarding the work to be carried out

13. What is the Party Wall Act?

This Act of Parliament concerns anyone planning to carry out, or who is affected by, a neighbour's plans to carry out building work by providing a framework for preventing or resolving disputes about party walls, boundary walls and excavations.

If you are about to carry out building work which involves:

• Work on an existing wall shared with another property
• Building on the boundary with a neighbouring property
• Excavating near a neighbouring building
• Moving or altering, either temporarily or permanently, a fence

You must find out whether that work falls within the scope of the Party Wall Act 1996 (new window); if it does you are required to inform the adjoining owner of your intentions.

A written notice should be given to the adjoining owner that clearly explains the proposed work to be carried out. This must be done at least two months before work starts on party walls or one month in respect of work for fences, walls and excavations close to neighbouring building(s).

The adjoining owner has 14 days to agree in writing to the proposals. If consent is not given or fails to respond within the 14 days, the application is considered disputed. In these cases each party appoints a surveyor or agrees to the appointment of surveyor to resolve the disagreement.

14. How can I get information about work carried out on my property, or a property I propose to purchase?

We will be able to provide copies of decision notices and some completion certificates for works carried out. You (or your solicitor) will need to put your request in writing.

Five days' notice is needed for a history search of any site in the County so that all relevant files and documents can be retrieved and the information sent to you. All requests must be sent together with the appropriate payment (please call 01352 703418 for the current charge. You will be told of any extra costs before the search information is released.

15. Can I view plans of works carried out on my property?

We have historical records going back at least 15 years. If you are the original owner or subsequent owner of the property, you are entitled to view any plans for works carried out. If you want copies of these plans, you will have to get the written permission of the person who prepared the plans (e.g. the agent, architect, surveyor or draughtsman). There will be a charge for copying.