The Building Regulations Act (1991)
All building work carried out in the United Kingdom (except Scotland where different rules apply) is covered by the Building Regulations Act (1991). The Act and subsequent amendments, lays down standards for such things as sewage disposal, damp proofing, fire safety, structural soundness and a host of other building works.
These standards are designed to protect against insecure, substandard work, all Builders and householders must adhere to them where they apply. Ignore these regulations at your peril - if the lack of building regulation compliance emerges during the sale of your house, you could find that your property has been significantly devalued!
If you have a question on any aspect of Building Regulations, use our Online Advice service to get an authoritative answer from our experts, or if you feel that your builder is not complying with the rules, get one of our Inspectors to check the work - see Home Owner or Business Construction Inspections.
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Why you need a written Contract.
We are constantly amazed at the number of people we meet who are having Thousands of Pounds of building work being done yet they do not have a written Contract.
They come to us with all sorts of problems: Disputes over the scope of work originally agreed: Sudden additional charges for 'extra work': A "few weeks work " has stretched to months. Whilst we can usually sort matters out, the problems would probably never have arisen with a proper contract in place.
Most reputable builders will be pleased to accept a contract for the work - they have nothing to hide and everything is clear from the outset.
We cannot emphasise too strongly that however, friendly and amenable the builder is when you meet, a 'Handshake Agreement' is not enough!
Use our Contract Preparation service - details are in the Home Owner section.
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Choosing A Builder or Tradesmen.
Simply picking names at random from Yellow Pages is not the best way of finding a good builder. Ask friends, neighbours and work colleagues if they have used builders they can recommend - or use our Find-a-Trade Link Section to get the names of registered builders.
If you are not having work done to a technical design or specification, take the time to document your requirements in as much detail as possible before contacting the builders.
Invite your shortlist of builders to come to the place the work is being done to discuss the requirement (avoid builders who offer to quote purely on the basis of your plan) and ask them to provide written quotations including timescales.
Obtain at least three quotes - this may be difficult at busy times during the building season, but it is often worthwhile delaying the job for a while, rather than settling for the only builder who is available. However if you are stuck for time, our Professional Inspection Service will give you the peace of mind that your project is going smoothly.
Even if a builder comes highly recommended, ask him for reference sites and check them out - a good builder will not mind showing off his work!
If you are unsure about choosing a Builder our Quotations Service can do this for you.
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Rising Damp?
There are a number of reasons for damp patches or mould on walls and not all of them are caused by rising damp, so before you suffer the expense and disruption of installing a new damp proof course, read on.
Firstly do not rely on the readings from a battery powered Damp-meter (the ones with two steel probes that you simply press on the suspect area), these only check the surface dampness which may be caused by condensation or dampness from another source.
The most reliable test for rising damp is done with a Hygrometer which involves drilling a small hole in the wall and analysing the moisture and salt content of the internal brickwork.
Apparent rising damp can be caused by:
a) Rain penetration.
b) Defective Plumbing.
c) Condensation.
d) External ground level too high.
e) water from other sources.
In order to definitely determine that it is rising damp the answers to each of the following tests should be positive
1. Is there a visible definition line damp to dry about 1 metre above ground.
2. Are there salts present within the wall.
3. Is the wall damp internally.
4. Is the area free from mould growth.
5. Is the skirting damp or decayed.
To summarise you should be wary of quick investigation with a 'stab' meter and seek further advice unless these five points are all positive.
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Domestic Gas Safety.
Domestic gas can be an extremely dangerous substance and for that reason there are stringent regulations that apply to it's use within the home.
All work on gas appliances and supplies must only be carried out by a CORGI registered fitter - it is illegal for anyone else including the householder themselves to undertake any repairs or installations.
A further regulation requires that the Landlord of a rented property containing any gas appliances must pay for a gas inspection and provide the tenant with a Certificate of Conformance on a yearly basis.
Gas regulations are ignored at your peril, non-compliance can result in heavy fines and you may be signing you, your families and other peoples death warrant.
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Grants & Assistance.
A number of grants are available to householders (either owners or tenants), these can vary according to location but in brief they are:
Home Energy Efficiency Grant (HEES) for cavity wall insulation, draught proofing to windows & doors and loft insulation. The grants are normally available to anyone over 60 and those on Benefit. The grant is not means tested.
Electrical Rewiring Grant available to anyone over 65 for improving or replacing wiring and sockets within the home.
Dripping Taps most Water Supply companies operate either a free or low cost (about £10) repair service for dripping taps in the home.
Mains Sewerage If your property is not connected to mains sewers you may be eligible for free or low cost connection under the 1991 Water Industry Act. You need to ask your water company for an assessment and if they consider there is any risk of pollution they will instigate a connection scheme.
Contact Building Advice for more details on any of these subjects.
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The Planning Approval Process.
The Town & Country Planning Act requires that certain building works must be granted Planning Permission before they are started.
The Act applies throughout the UK except for Scotland who have their own regulations and is administered by the Local Authority Planning Department (who are civil servants) in conjunction with the Planning Committee (Elected Councilors). In certain areas other official bodies, such as the Environment Agency and National Park Authorities, are also involved in the planning process.
There are additional regulations that apply specifically to Listed Buildings, Conservation Areas, Areas of Outstanding Natural Beauty (AONB's) and Areas of Specific Scientific Interest (SSI's).
Not all building works require Planning Approval, these are known as Permitted Developments and can include some small extensions, some garages, some porches etc. etc. A variety of factors influence these exemptions including the size of the property, location of the building in relation to the main building, domestic curtilage, proximity of public highways etc.
Failure to obtain Planning Permission where it is required can result in you paying for demolition of the offending structure and ignorance of the regulations is no excuse.
If you are unsure whether or not you need planning permission, use our Online Advice service to obtain a definitive answer. We can also get one of our Planning advisors to have an informal chat with the Planning Officers in your area, this will help keep the Planners informed of your intentions (always a wise move) and obtain valuable feedback on attitudes and expectations of the Planning Department.
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Planning Documents.
The main documents associated with the Planning Process are:
Certificate of Lawful Building - This is issued by the Planning Department and certifies that the building or works you are undertaking are permitted developments not requiring permission. Whilst it is not mandatory to obtain this certificate, it can be useful for avoiding problems if your work is in any way controversial and likely to upset neighbours.
Outline Planning Permission - is a useful way of establishing whether or not your building project is likely to obtain permission without the time and expense of making a full formal application. Although Outline Approval carries a lot of weight, it is not an absolute guarantee that you will get full permission - especially in circumstances where the political makeup of the Planning Committee is likely to change.
Full Planning Permission - this is your go ahead to start your building project, to obtain it you need to submit detailed construction plans and elevations together with details of wall & roof finishes. Remember permission is only granted for 5 years and your work must start within this time otherwise your approval expires.
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The Law and Building Works.
We've already covered the law regarding Building Regulations and Gas Installations which are specific building laws, there are also Health and Safety Regulations which are relevant to the Builder themselves.
In addition to these specific regulations, the Supply of Goods & Services Act 1982 also applies to building work and gives you the following protection:.
The work must be carried out with reasonable care and skill.
In the absence of a pre-agreed price, the work should be be carried out for a reasonable charge.
In the absence of an agreed time schedule the work should be carried out in a reasonable timescale.
Materials and Goods used in the building must be of satisfactory quality and fit for purpose.
Materials and Goods must be as described in the contract.
All Tradesmen working on your property should have their own Public Liability Insurance, it is important to check that they have this, as you might be held liable if they cause a problem and are not insured.
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While the Builders are on-site.
Professional tradesmen should be courteous and tidy. They should keep you informed as to how the work is going and if there is a problem you should be told about it.
If you have changed your mind about something, the tradesman needs to know about it well in advance so that he can plan and quote for the change.
If you are unhappy about any aspect of the work, discuss it with the tradesman and if you can't get satisfaction arrange for an Inspection by one of our professionals.
The main point we make in this section is that things usually go wrong because of bad communications, as they say "It's good to talk!"
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Smoke Detectors.
We make no apology for devoting a whole paragraph to something you already know: Smoke Detectors Save Lives! They only cost a few pounds each and can be easily fitted by almost anyone - yet thousands of people are still killed in their sleep by fire.
If you know anyone who still hasn't got the message - tell them to fit smoke detectors!
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