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Magherafelt District Council
50 Ballyronan Road
Magherafelt
BT45 6EN

t:028 7939 7979

Building Control - frequently asked questions

In order to provide the most efficient service to our customers, please find below the most frequently asked questions about building control and the procedures surrounding it.

What are the Building Regulations?

Levels of performance laid down by Parliament dealing with the construction of buildings and installation of some services.

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Why are they made?

To safeguard the health and safety of people in or around buildings. They are also concerned with energy conservation and access and facilities for disabled people in new offices, shops and public buildings.

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Who enforces the Building Regulations?

The Building Control Officer checks plans for compliance with Building Regulations and carries out inspection work on site during progress of the work.

What work is subject to control?

If you want to put up a new building or extend or alter an existing one, the Building Regulations will probably apply. They will probably also apply if you put a building to a differing use. Building Regulations approval is completely different from Planning Permission and it does not mean that if you get one you will automatically get the other.


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Do I need Building Regulation Approval?

i. Do I need approval to build an extension to my house?
Yes, but a porch or a ground-level conservatory (with a transparent or translucent roof) used as such, under 30m2 in floor area may be exempt.
Do I need approval to convert my loft into a room?
Yes
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ii. Do I need approval to make internal alterations within my house?
Yes, if the alterations are of a structural nature, involve the removal or part-removal or a load-bearing construction (e.g. wall partition, joist, beam, chimney breast) or if, in altering a house of three storeys or more, work is necessary to maintain the means of escape in case of fire.

iii. Do I need approval to install new windows in my house?
No, provided the window opening is not enlarged and the open able area is maintained. If a larger opening is required then a structural alteration will take place and approval will be required. Some bay windows are also load bearing so their replacement will need approval.

iv. Do I need approval to carry out repairs to my house?
No, if the repairs are of a minor nature and you are replacing like for like. This includes replacing the felt to a flat roof, repainting, replacing a small area of brickwork. Yes, if the repair consists of removing a major part of a wall and rebuilding it or underpinning a load-bearing wall. In the case of re-roofing, if the new tiling or roofing material is heavier than the existing material then an approval under Building Regulations is required.

v. Do I need approval to convert my house into flats?
Yes.

vi. Do I need approval to install fittings and appliances within my house That involve:

  • The installation or alteration of the position of a WC, bath, etc?
    No, unless the work involves new drainage or plumbing.
  • The installation or alteration of a heating appliance?
    a. Gas: Yes,
    b. Solid fuel: Yes.
    c. Oil: Yes.

    vii. Do I need approval to install or replace electric wiring?

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What must I do to obtain approval?

If your building work requires Building Regulation approval, there are two procedures to choose from:

a Deposit of Full Plans

b The Building Notice

For a Full Plans application, plans need to be drawn up showing all constructional details. For the Building Notice procedure, less detailed plans are required, unless the project is large or complex

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Do my neighbours have the right to object to what is proposed in my building regulations application?

No. However, objections may be raised under separate legislation - for example, if your proposal is subject to approval under the Planning Acts.

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Do I have to pay anything for the service?

Yes. A fee is payable to the Council unless the work is exempt. See for the scale of charges. The Building Control department will advise you of the required fee and when the fee is due to be paid.

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There is no difference in cost between a Full Plans application and a Building Notice. What will the Council do?

If you use the Full Plans procedure, the Council will check your plans and consult appropriate authorities, e.g. fire authorities. If your plans comply, you will receive notice that they have been passed. If the Council are not satisfied, you may be asked to make amendments or provide more details. If your plans are rejected, the reasons will be stated in the notice. If you use the Building Notice procedure, the work will normally be inspected but you will not receive any notice indicating whether your proposal has been passed or rejected. If while work is in progress the local authority requires further information of a plan, you must supply the details requested.

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When can I start work?

Once you have been given a Building Notice or submitted Full Plans, you can start work at any time, but you must give the Council two working days' notice of your intention to do so.

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Where can I obtain information on the standards to which I must build?

From Technical Booklets, published by Her Majesty's Stationery Office, giving practical guidance on meeting the requirements of the regulations. However, you are not obliged to use any particular solution if you prefer to meet the requirement of the Regulations in another way.

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What can I do if my plans are rejected?

You can resubmit them with amendments to make them comply with Building Regulations. Alternatively, if you think the decision to reject is not justified, you can refer the matter to the Secretary of State for the Environment for his determination

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What happens if I do work without approval?

The Council has to see that building work complies with regulations. If the work does not comply, you may be asked to alter or remove it. If you fail to do this, the Council may serve a notice requiring you to do so.

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What happens if I disagree with the notice?

Normally the notice will give you 28 days to rectify the work. You can seek advice from a suitably qualified person and if you tell the Council that you intend to do this, the 28-day period is extended to 70 days. If the report you get from this person causes the Council to withdraw the notice, the Council may pay the expenses, which you have incurred as a result of having been served with the notice. The Council cannot serve a Notice on you if the work, which you have carried out, is shown on the plans, which the Council approved or failed to reject within the relevant period, or if the work has been completed for over 12 months

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Are there penalties for contravening Building Regulations?

Yes. The Council can commence proceedings, which may lead to a fine.

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Can I get previously unauthorised building work regularised?

It is now possible for unauthorised building work, which was commenced on or after October 1973 to be regularised.

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How do I get planning permission?

Planning permission is obtained from DOE (Bedford House, Bedford Street, Belfast. Tel: 028 90 252 820)

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Is Planning Approval the same as Building Control Approval?

No - planning deals with issues such as aesthetics, impact on the environment, traffic, neighbour notification etc. Building control is concerned with health and safety issues, energy conservation and disabled access and use of buildings.

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Do I need both approvals?

In most cases approval is required from both Building Control and Planning but some minor works may be permitted development under planning law and/or exempt from Building Regulations. It is advisable to check with both organisations before proceeding.

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Can I start work without Building Control Approval?

No- if you have not submitted an application to the department. Yes- once the application is submitted you can go ahead and commence work even if approvals have not been issued. However you must ensure that all relevant works are inspected and agreed by building control.

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