Frequently Asked Questions

Section 80 of the Building Act 1984 places a duty on any person intending to carry out the demolition of a building to first give notice to the Local Authority of their intention to do so, unless that building falls within a small number of exemptions. You can find full details of the requirements and exemptions in our guidance notes on demolitions Download

Where a building falls within the scope of Section 80 of the Building Act, the person intending to carry out the works should submit a completed Notice of Intended Demolition form, along with a suitable site plan showing the extent of the works. The demolition works should not be commenced until either:

1. The local authority has issued a counter notice to the person submitting the demolition notice, or
2. A period of 6 weeks has elapsed since the demolition notice was submitted.

• Notice of Intended Demolition form Download

Please note, if you decide to demolish a building you may not necessarily get planning permission to rebuild, even if the existing building is damaged due to fire or storms. For more information visit: Planning Portal – Demolition – planning permission

We will always work with you to try to help you get you plans approved, however if your plans are rejected because they do not meet the regulations technical requirements, you will be informed and given the chance to amend your plans and re-submit.

If you do not agree with the our interpretation of the regulations, you can refer the matter to the Secretary of State for a ‘Determination’.  Let the us know you want to take this course of action, and you will be advised of the necessary procedure and costs involved.

Unlike Planning Permission building control do not have to consult adjoining owners about Building Regulation applications. It is up to your neighbours to safeguard their property or rights if a proposal interferes with these. It is advisable to let neighbours know before starting work about proposals that may affect them.  However if you are building on or close to the boundary, the Party Wall Act may also apply.

Further guidance on the Party Wall Act can be found at

https://www.gov.uk/government/publications/the-party-wall-etc-act-1996-revised-explanatory-booklet

https://www.labc.co.uk/news/how-get-it-right-working-or-around-party-wall

You must start the work within 3 years, or the council will serve you with a notice declaring your plans of no effect, which means they are out of date.  If this happens then you will need to submit a fresh application with the appropriate fees.  However, once the work has started on site (within 3 years of submission of the application)  there is no set time limit for completing the work, but our fees are based on the assumption that work will be completed within 2 years of commencement and if works takes much longer than this, then an additional fee may be charged and will be assessed at that time.

Please be aware that it is the applicant’s responsibility to call us in at the appropriate pre-described inspection stages and if work is covered up prior to inspection then we may request that the works be opened up so we can view the works undertaken.  A completion certificate will only be issued when we are satisfied that all works comply with the Building Act of 1984.

If you have chosen to the deposit of a Full Plans submission; the plans have to be thoroughly examined before an Approval Notice is issued.  CNC must give a decision on an application within 5 weeks of receiving it – unless extended to 2 months with your written consent.

If you have submitted a Building Notice, there is no delay once your Notice is accepted provided you notify CNC of the commencement date at least the day before, you can commence work on a Full plan Submission but it is at you risk until it is approved.

A charge is payable dependent on the type of work being carried out and the type of application used.

• A Full Plans application has both a plan charge, payable at submission stage and an inspection charge, payable after the first inspection.
• A Building Notice has one charge, payable at submission stage

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There are two different procedures available to get permission depending upon the scale and type of work involved

Full Plans application:
An application deposited this way needs to contain plans and other information showing all construction details, well in advance work starting on site. CNC will check your plans and consult any appropriate authorities. They must complete this by issuing you with a decision within 5 weeks, or if you agree, a maximum of 2 months from the deposit date.

If your plans comply with Building Regulations you will receive a notice stating they have been approved. If we are not satisfied, you may be asked to make amendments or provide more details, or a conditional approval may be issued. This will specify modifications which must be made to the plans; or will specify further plans must be deposited. CNC may only apply conditions if you have either requested them to do so or have consented to them doing so. A request or consent must be made in writing. If your plans are rejected the reasons will be stated in the notice.

CNC will carry out inspections of the building work once it is in progress. They will explain about the notification procedures which the regulations require you to follow at various stages of the work. If you request a completion certificate when you first make your CNC will issue it to you provided they are satisfied the completed work complies with Building Regulations.

A Building Notice:
This procedure avoids the preparation of detailed full plans as it does not involve the passing or rejecting of plans.  It is designed to enable some types of building work to get quickly under way. There are specific exclusions in the Building Regulations as to when Building Notices cannot be used. These are for building work which is subject to section 1 of the Fire Precautions Act 1971 or Part II of the Fire Precautions (Workplace) Regulations 1997; for work which will be built close to or over the top of rain water and foul drains shown on the map of sewers; and where a new building will front onto a private street. If you decide to use this procedure you need to be confident that the work will comply with the Building Regulations or you will risk having to correct any work you carry out if CNC requests this.  Information CNC will require to accept a Building Notice is the appropriate completed form, block plan, location plan and fee.

Once you have given your building notice and informed CNC you are about to start work, the work will be inspected as it progresses. You will be advised by us if the work does not comply with the Building Regulations. If CNC require further information, you must supply these. CNC will issue it to you provided they are satisfied the completed work complies with Building Regulations.