Terms of engagement
Level of service
Our primary function is to implement the Building Regulations 2010 (as amended) in line with the Building Act 1984 (as amended) and the Building Safety Act 2022. In addition, we deliver on several statutory functions listed as below:
- Building notice applications
- Building Control approval with full plans applications
- Regularisation certificate applications
- Initial notice cancellation applications
Quality of service
When undertaking regulatory control of building work, we will:
- provide a full technical appraisal of building regulation applications within set performance targets
- determine all applications within the statutory time limits
- inspect relevant work on site for compliance with the building regulations and associated legislation
- with reasonable notice, carry out site inspections in line with the contractors programme of works
- carry out certain other statutory duties and responsibilities under the Building Act 1984 and associated legislation
Registered building inspectors
We will provide the details of the Registered Building Inspectors who will be responsible for your project including any conditions on their registration.
Our registered building inspectors have no restrictions.
| Officer | Registration class |
|---|---|
| Russell Smith | 2A-F, 3G-H, 4 |
| Simon Hough | 2A-2F, 4 |
| Roger Anderson | 1 |
| Mark Sherwood | 2A-2F |
| James Leckenby | 1 |
| John Daly | 1 |
| Adam Cooke | 2A |
| Jack Mellor | 1 |
| James Shooter | 1 |
Our purpose
Our purpose is to provide a building regulation service which includes plan checking, site inspections and the issuing of relevant certification documents. It is the client's responsibility under Regulation 11 to ensure that the planning, managing and monitoring a project (including allocation of sufficient time and other resources) to ensure compliance with all relevant requirements.
We offer pre-application advice on the larger schemes to help get your project on the right lines before you make a formal application. We help you to make sure that building regulation approval is given quickly and preferably before building work starts. By working with us in the early stages of your project, such as when you first apply for planning permission, you should be able to ensure that aspects such as fire safety and facilities for disabled people are suitably designed from the start. This will help to avoid costly re-designs and amendments to planning permission, as well as making it easier when you eventually submit your building regulation application.
Method of building regulation approval
There are two methods of applying for building regulation approval, which are: building regulation approval with full plans and building notice. Where works were undertaken prior to a valid application being submitted the there is the regularisation application and where a Registered Building Control Approver has cancelled the initial notice there is the reversion process.
A full plans application involves the submission of fully detailed plans, specifications, calculations, and other supporting details to enable us to check compliance with the building regulations. The relevant fee is paid at plan submission stage and upon commencement of works on site. The advantages of using this method are:
- where the plans have been approved and the work on site conforms to them, we cannot ask for the work to be taken down or altered
- approved plans can be used to enable you to gain accurate prices from builders or contractors for the work
- you know what the scheme will look like upon completion
If you are proposing to erect or carry out building work to certain designated types of buildings such as: hotels, boarding houses, offices, shops, railway premises, factories, or a workplace subject to the Regulatory Reform (Fire Safety) Order 2005 or the works involve building over a sewer shown on the map of public sewers, or houses fronting a private street, you must utilise the full plans approach.
A building notice application is the most suitable option, when small works are proposed and detailed plans are unnecessary. Whilst no formal building plans are required at submission stage, it may be necessary to submit supporting details of a particular form of construction for approval at a later stage. Please be aware that this might cause delays should work be progressing. A single one-off fee is payable on submission of the building notice. As no formal approval is given, good communication between the builder and building control is essential to make sure that work is correct. Emphasis is placed on site inspections to ensure works follow the building regulations. It should be noted that if work on site is not in compliance, then that work may have to be altered or removed. This method requires that the builder has a very good understanding as to what is required under the building regulations, when carrying out building work. You can commence works 48 hours after deposit of the building notice.
The purpose of Building Regulation 18 (Unauthorised Building Work) is to enable homeowners and others to submit applications for Building Regulation approval after unauthorised work or a material change of use of a building has been carried out.
Typical circumstances may be where a builder or an owner (previous or present) did not seek the relevant building regulation approval prior to works commencing. It is not intended that this power should replace or detract from the enforcement powers already available to Building Control, e.g., when an offence is perhaps more consciously created.
This is where the registered building control approver (RCBA) has cancelled the initial notice and there is no longer an application in place for the works.
This typically happens when the RCBA has gone out of business or has discovered contraventions that they have been unable to resolve.
Dealing with your application
Once you have chosen the most appropriate type of application for your scheme it will be necessary to submit the required details and appropriate fee to us, please see our Building Control charges and fees.
If you employ an agent, correspondence will generally be with your agent or the contractor directly. Requests for inspection notes can be made at any stage through the process.
On receipt of your application, we will check the fee submitted to ensure that it is appropriate to the type and cost of work you propose, the fee allows for a reasonable number of inspections as indicated in the inspection notification plan , where this number is exceeded you will be advised if additional fees are payable . You will be advised of any necessary adjustment to the fees which have to be paid within 10 working days of receipt. If you start work before the application is validated, it may be treated as a regularisation with a 40% premium to the charge. Please note that for the purposes of calculating the estimated cost of a scheme; to establish the level of fee required, the full commercial cost also will apply to DIY (Do It Yourself) projects.
Once the fee is agreed and all the necessary details have been submitted with your application, plans will be appraised against the building regulations and where necessary, you will be notified of any amendments required. These are usually required within 5 weeks, or a longer period if agreed. To help us decide on your application within the statutory time, your assistance is requested in ensuring that any amendments requested are returned quickly. Upon grant of approval of your scheme or acceptance of your building notice, you will receive formal documentation, along with an information pack which details the site inspection process.
Site inspection
Whether you submit a full plans application or a building notice, work on site will be inspected at various stages for compliance with the building regulations as detailed in the inspection notification plan. It is the responsibility of the person carrying out the works to notify us at the stages indicated in the inspection notification plan, the stages are risk assessed based on your project, but generally these will be:
- Start of work/excavations
- Commencement notice regulation 46A
- Damp proof course (DPC) or Damp proof membrane (DPM)
- Drains laid
- Drains on test
- Pre-plaster
- Completion in writing
- Fire doors before architraves are fitted
- Fire stopping
We operate a short-notice inspection service and so we will visit your site on the day you require, providing you contact us by 9am at the latest on the day required (Monday-Friday). If you have utilised the full plans method, an invoice will be sent for the inspection fee following the first visit to your site (if applicable). This fee covers all the site visits relating to your scheme as noted on the inspection notification plan. Additional charges may be levied where additional visits are required to show compliance due to the competence of the contractor or person undertaking the work.
Completion certificate
On satisfactory completion of the works and where the required notifications have been received (notification of completion signed by the relevant duty holders), a completion certificate certifying that the works, as far as can be ascertained, comply with the building regulations will be issued within statutory time periods. You are advised to keep this document safe as your solicitors may require it should you sell your property.
It is particularly important that we are notified at the necessary stages of work, as a completion certificate will not be issued unless sufficient inspections have been requested and carried out.
Performance targets
When an application is submitted for building regulation approval we aim to:
- appraisal of all full plan applications, including statutory liaison and to notify you, or your designer / contractor where applicable, of any amendments that may be required within 21 working days of deposit of the valid application.
- process all applications and issue decisions within the statutory period specified in the Building Act 1984 (five weeks from deposit or longer with the agreement of the applicant, or agent where applicable)
- issue all completion certificates in line with statutory requirements (8 weeks)
When works commence on site we will:
- make a site visit the same working day, where notification is received by 9am on the day the inspection is due.
- where special arrangements are necessary, every effort will be made to accommodate your request
- upon satisfactory completion of your scheme, we will issue a completion certificate.
Data protection policy
This is our Data protection policy.
Referral fees
Building control do not receive or pay any referral fees.
Complaints policy
Our complaints policy can be found at complain to the council.
Insurance
Details can be found of the council's insurance by contacting Kirklees' Risk and Insurance Manager.
Regulation of Building Control
Building Control is regulated by the building safety regulator and complaints can be made to them at Health and Safety Executive (HSE): Building safety .