If you are employing a builder, the responsibility will usually be theirs - but you should confirm this at the very beginning. You should also bear in mind that if you are the owner of the building, it is ultimately you who may be served with an enforcement notice if the work does not comply with the regulations.
Some kinds of building projects are exempt from the regulations, however generally if you are planning to carry out 'building work' as defined in regulation 3 of the building regulations, then it must comply with the building regulations. This means that the regulations will probably apply if you want to:
- Put up a new building
- Extend or alter an existing one
- Provide services and/or fittings in a building such as washing and sanitary facilities, hot water cylinders, foul water and rainwater drainage, replacement windows, and fuel burning appliances of any type.
The works themselves must meet the relevant technical requirements in the building regulations and they must not make other fabric, services and fittings less compliant than they were before - or dangerous. For example, the provision of replacement double-glazing must not make compliance worse in relation to means of escape, air supply for combustion appliances and their flues and ventilation for health.
They may also apply to certain changes of use of an existing building. This is because the change of use may result in the building as a whole no longer complying with the requirements which will apply to its new type of use, and so having to be up-graded to meet additional requirements specified in the regulations for which building work may also be required.
In summary, the following types of project amount to 'building work':
- The erection or extension of a building
- The installation or extension of a service or fitting which is controlled under the regulations
- An alteration project involving work which will temporarily or permanently affect the ongoing compliance of the building, service or fitting with the requirements relating to structure, fire, or access to and use of buildings
- The insertion of insulation into a cavity wall
- The underpinning of the foundations of a building
- Work affecting the thermal elements, energy status or energy performance of a building.
Before commencing work you should refer to Regulation 3 of the Building Regulations for the full meaning of 'building work' or, if you are unsure, seek advice.
Health and Safety
If you are carrying out, or having construction or building work done, you may need to notify the Health and Safety Executive (HSE) and may have other duties as well. Find out more about the Construction (Design and Management) Regulations 2015 (CDM 2015).