Building Regulations for Landlords | Coopers Inventory Services

These are not the same thing, and a project can potentially require both.

A simple way of thinking about the distinction is:

Planning permission considers whether a development should be allowed, including matters such as its use, appearance and effect on the surrounding area.

Building Regulations concern how building work is designed and constructed to meet required technical standards.

Some projects require both. Others may require Building Regulations approval without requiring planning permission.

I'd actually put that in a little highlighted box because it's an extremely common property-owner question.

Depending on the nature of the project, Building Regulations can apply to work such as:

However, not every repair or alteration requires a separate Building Regulations application.

Some work is exempt or outside the scope of the regulations, while certain work can be self-certified by an installer registered under an appropriate Competent Person Scheme. GOV.UK specifically advises checking with a building control body where there is uncertainty.

For most ordinary building work in England that isn't part of a higher-risk building, approval can be sought through:

Depending upon the work, applications can include a Full Plans application or, for qualifying smaller projects, a Building Notice.

Where work has already been carried out without the necessary approval, it may sometimes be possible to apply to the local authority for regularisation, although alterations may be required before a certificate can be issued.

Certain types of work can instead be undertaken and self-certified by a tradesperson registered with an appropriate Competent Person Scheme.

Where applicable, landlords should retain the documentation relating to building work, including relevant approvals, certificates and contractor information.

For a Full Plans application, GOV.UK states that a completion certificate will usually be issued after completion where the work complies with the Building Regulations.

Keeping these documents can become important when managing, refinancing or selling the property and when demonstrating the history of alterations that have been made.

Building Regulations become particularly important when a landlord changes the layout or use of a property.

Examples might include:

Loft conversions

Garage conversions

Subdividing a property

Converting buildings into flats

HMO-related alterations

Changing a building's use

Depending upon the project, considerations can include structural integrity, fire resistance and escape, ventilation, sound insulation, drainage, energy performance and accessibility.

And planning permission, licensing, fire-safety legislation and other requirements may apply alongside Building Regulations.

So landlords planning a conversion should establish the requirements applying to their particular project before work begins.

Fire safety forms an important part of the Building Regulations.

Depending upon the building and work being undertaken, this can include requirements relating to matters such as:

Rental properties can also be subject to separate fire-safety and housing requirements, particularly HMOs and blocks of flats.

Building Regulations approval should therefore not be viewed as automatically satisfying every other fire-safety obligation affecting a rental property.

England now has a separate building-control regime for certain higher-risk buildings.

For building-control purposes during design and construction, these are broadly buildings that are at least 18 metres high or have at least seven storeys and contain at least two residential units, with hospitals and care homes also included in certain circumstances.

For relevant work involving higher-risk buildings, the Building Safety Regulator acts as the building control authority rather than the ordinary local authority/private building-control route.

The modern Building Regulations framework places responsibilities on different dutyholders involved in building work, including those commissioning, designing and carrying out the work.

The Building Safety Act reforms strengthened these responsibilities and introduced competence requirements for relevant dutyholders.

For a landlord commissioning building work, the sensible approach is therefore to use appropriately competent professionals, establish the approvals required before work begins and retain the resulting documentation.

Non-compliant work can create considerably more than an administrative headache.

Depending upon the circumstances, consequences can include enforcement action, requirements to alter or remove non-compliant work, difficulties obtaining appropriate certification and additional expense correcting work retrospectively.

Where work has already been completed without required approval, regularisation may sometimes be available through the local authority, but approval isn't automatic and remedial alterations may be required.

This is another reason landlords should establish the position before commencing significant building work.

Coopers Inventory Services provides professional property reporting that creates a detailed record of a rental property's visible condition at key stages throughout a tenancy.

Where alterations or improvements have been made to a property, an Inventory & Schedule of Condition can document the property's visible condition at the beginning of a tenancy, while Mid-Term and Check-Out reports can provide further records as the tenancy progresses.

Coopers property reports do not assess or certify compliance with Building Regulations and are not a substitute for building control inspections, completion certificates or specialist professional advice.

Landlords and property managers should retain the appropriate approvals and certification relating to building work separately as part of their property records.

Planning Changes to a Rental Property?