Contents

Building notice application notes and checklist

Is a building notice suitable?

  Is a building notice suitable? Regulation Included or not applicable?  
1

Is the building work etc, in relation to higher-risk building work?

A building notice given to the local authority is not appropriate in these circumstances. Applications for building work to higher-risk buildings can be made here.

 2B    
2

Is the building work in relation to a building to which the Regulatory Reform (Fire Safety) Order 2005 applies or will apply after the completion of the building work?

A building notice given to the local authority is not appropriate in these circumstances.

 12(3)    
3

Is the building work the erection of a building fronting onto a private street?

For this question, "fronting" has the meaning given in section 203(3) of the Highways Act 1980; and "private street" has the meaning given in section 203(2) of the Highways Act 1980. A building notice given to the local authority is not appropriate in these circumstances.

 12(4)    
4

Is the building work, work to which paragraph H4 of Schedule 1 imposes a requirement?

A building notice given to the local authority is not appropriate in these circumstances.

 12(5)    
5 Is there any building work involved to which Part P of Schedule 1 imposes a requirement and this work does not consist of:
  • the installation of a new circuit
  • the replacement of a consumer unit or
  • any addition or alteration to existing circuits in a special location?

 

Building work to which Part P of Schedule 1 imposes a requirement and does not consist of the above does not require a building notice (also refer to Schedule 4). Note also, for work that does consist of the above, this work can be carried out by a competent person described in Column 2 of Schedule 3.

 12(6A)    
6

Has any part of the work described in an initial notice been carried out and the initial notice has ceased to be in force?

If so, Regulation 19 of the Building (Approved Inspectors etc) Regulations 2010 (local authority powers in relation to partly completed work) applies. Compliance should be with the requirements of that regulation and a building notice is not appropriate.

 12(7)    

If the response to all the questions above is ‘no’ then the giving of a building notice is possible for the proposed work. Where the response is ‘yes’ for row 1, an application should be made to the Building Safety Regulator. Where the response is ‘yes’ to rows 2, 3 or 4, an application for building control approval with full plans should be made to the local authority. Where the response is ‘yes’ to row 5, a building notice is not necessary for the work. For work in relation to row 6, please contact the local authority team for your area.

Is additional information required?

  Is additional information required? Regulation Included or not applicable?
7

In the case of a new dwelling either of the following should be provided:

  • a statement should be included informing local authority building control whether or not any optional requirement applies to the building work, and if so which, or
  • a statement that planning permission has not yet been granted for the work should be given, and that the information required above will be supplied before the end of a period of twenty-eight days beginning on the day after that permission is granted
 13(1)(d)  
8

In the case of the erection or extension of a building, a building notice shall be accompanied by a plan to a scale of not less than 1:1250 showing:

  • the size and position of the building, or the building as extended, and its relationship to adjoining boundaries
  • the boundaries of the curtilage of the building, or the building as extended, and the size, position and use of every other building or proposed building within that curtilage
  • the width and position of any street on or within the boundaries of the curtilage of the building or the building as extended

13(2)(a)

13(2)(a)(i)

13(2)(a)(ii)

13(2)(a)(iii)

  
9 In the case of the erection or extension of a building, a building notice shall be accompanied by a statement specifying the number of storeys (each basement level being counted as one storey), in the building to which the proposal relates. (13)(2)(b)  
10

In the case of the erection or extension of a building, a building notice shall be accompanied by particulars of:

  • the provision to be made for the drainage of the building or extension
  • the steps to be taken to comply with any local enactment which applies

13(2)(c)(i)

13(2)(c)(ii)

  
11

In the case of the erection of a dwelling, or a building that is to contain one or more dwellings, a building notice shall be accompanied by:

  • particulars of any public electronic communications network in relation to which a connection is to be provided
  • if an exemption in Regulation 44ZB is proposed to be relied on, evidence in support of the exemption, and

If Regulation 44ZC is proposed to be relied on -

  • evidence of the matters mentioned in Regulation 44ZC(6)(a) and (b), and
  • if paragraph RA1(1)(c)(i) or of Schedule 1 is also proposed to be relied on, evidence of the steps taken to establish whether, and if so where, a distribution point for a gigabit- capable public electronic communications network (as defined by Regulation 44C) is likely to be installed, in a location relevant for the purposes of paragraph RA(1)(c), within the period of 2 years beginning with the day on which the notice is given
 13(2A)  

Further information

Further information Regulation
Where a building notice has been given, a person carrying out building work, renovation or replacement of a thermal element, change to the buildings energy status or making a material change of use shall give the local authority, within such time as they specify, such plans as are, in the particular case, necessary for the discharge of their functions in relation to building regulations and are specified by them in writing. 13(3)
Neither a building notice nor plans which accompany it are to be treated as an application for building control approval with full plans in accordance with building regulations. 13(4)

A building notice shall cease to have effect on the expiry of three years from the date on which that notice was given to the local authority, unless before the expiry of that period

  • the building work to which the notice related was commenced; or
  • the change to the buildings energy status or the material change of use described in the notice was made
 13(5)