Building Regulations 2023: A Brief Guide
Posted on: September 14, 2023
What are building regulations?
The Building Regulations are a set of statutory rules intended to ensure that the policies outlined in the relevant legislation are carried out. Building regulations approval is needed for most building work.
The Building Regulations make up Part one (of five) of The Building Act 1984. They comprise a series of detailed guidance manuals, known as the Approved Documents ranging from A to S. The Building Act 1984 applies in England and Wales and is the United Kingdom statute under which the Building Regulations have been made. Separate Acts and Regulations apply in Scotland and Northern Ireland.
What is the latest edition of the Building Regulations?
Updated Building Regulations came into force in June 2022. The new rules may significantly impact people wanting to build, extend or renovate their homes, as well as architects and those working in the trade.
The new Building Regulations include new standards to reduce the number of carbon emissions and overall energy use during home improvements. Although, the previous rules may still apply to specific home projects depending on how far along you are in your planning process. The changes, first announced in December 2021, have been backed with £1.8bn of direct investment into improving the energy efficiency of public buildings.
The new building regulations are to be enforced for applications made on or after June 15, 2022. However, the new requirements will not apply to applications made before as long as considerable building work has begun before June 15, 2023, on all aspects of the application.
Key changes to Building Regs in 2022
The updated building regulations include changes to Approved Documents Part L (Conservation, of fuel and power), Part B (Fire Safety), Part F (Ventilation), and the release of two new Approved Documents (O), Overheating and (S), Infrastructure for charging electric vehicles.
Most of the updates are part of the initial stages in the government's Future Homes Standard and Future Buildings Standard – planned for 2025 – for which an essential factor is that all new builds are capable of being net zero in terms of operational carbon when the grid decarbonizes.
Although these updates mainly pertain to new non-domestic buildings, they also include policies for existing non-domestic buildings and new and existing housing.
Do I need Building Regulations approval?
The Regulations themselves make clear what work does or does not require approval, but navigating them is not straight-forward. Finding the relevant part of the Regulations can be tricky and then understanding the true meaning of what is required can be a challenge. Luckily there are resources that you can use to cut through the confusion.
The Local Authority is responsible for making regular checks that all building work being completed in their area is in compliance with the approved plan and the Building Regulations. Checks will be completed at specific stages of work (e.g. the excavation of foundations) and will include:
- Tests of the soil or sub-soil of the site of the building.
- Tests of any material, component or combination of components that has been, is being or is proposed to be used in the construction of a building.
- Tests of any service, fitting or equipment that has been, is being or is proposed to be provided in or in connection with a building.
What is the difference between planning permission and building regulations?
The purpose of the planning system is to protect the environment as well as public amenities and facilities. The system is not designed to protect the interests of one person over another. Councils are tasked to allow development where it is needed, while ensuring that the character and amenity of the area are not adversely affected by new buildings or changes in the use of existing buildings and/or land.
The actual details of planning requirements are complex but, for most domestic developments, the planning authority is only really concerned with construction work such as an extension to a house or the provision of a new garage or new outbuildings. Structures such as walls, fences and decking may also need to be considered because their height or siting might infringe the rights of neighbours and other members of the community. The planning authority will also want to approve any change of use, such as converting a house into flats or running a business from premises previously occupied as a dwelling only.
The vast majority of applications are now made using the online Planning Portal. There is never a guarantee that permission will be given and, without that permission, no project can start.
Provided that the work you are completing does not affect the external appearance of the building, you are allowed to make certain changes to your home without having to apply to the local council for permission. These are called permitted development rights.
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What are the different Building Regulations?
Although the Regulations themselves are comparatively short, they rely on their technical detail being available in a series of Approved Documents and a vast number of British, European and International standards, codes of practice, drafts for development, published documents and other non-statuary guidance documents.
You can find more information, including a summary of the new Part O and S, in our Guide to Approved Documents article.
Are Building Regulations a legal requirement?
Yes, Local Authorities are responsible for ensuring that any building work conforms to the requirements of the Building Regulations and the Building Act. They have the authority to:
- Make you take down and remove or rebuild anything that contravenes a regulation.
- Make you complete alterations so that your work complies with the Building Regulations.
- Employ a third party to take down and rebuild any non-conforming buildings or parts of buildings and then send you the bill!
Local Authorities can, in certain circumstances, even take you to court and have you fined – especially if you fail to complete the removal or rebuilding of any non-conforming work. It doesn’t matter whether you are the owner or merely the occupier of the building; you can be prosecuted or ordered to carry out remedial work on a property.
More guidance can be found on GOV.UK website, as well as in the books below.
Resources to help you comply with the Building Regulations
Expert authors Ray Tricker and Samantha Alford have decades of experience providing advice and guidance on how to understand and comply with the building regulations. They have published two books to share their expertise. The Building Regulations Pocket Book is a précis of the most important points contained in the more complete Building Regulations in Brief. Where required, and by virtue of its extensive coverage, Building Regulations in Brief can be used to provide more detail on all aspects building projects – large or small.
The second edition of the Building Regulations Pocket Book was released just in time to help you adhere to the latest changes to the building regulations in 2022.
The handy guide provides you with all the information you need to comply with the U.K. Building Regulations and Approved Documents. On-site, in the van, in the office – wherever you are – this is the book you'll refer to time and time again to check the regulations on your current job.
Shop Building Regulations Pocket Book
For a more in-depth guide check out Building Regulations in Brief. This tenth edition of the most popular and trusted guide reflects all the latest amendments to the Building Regulations, planning permission, and Approved Documents in England and Wales.
This includes revisions to Approved Document B (as a result of the Hackitt Review), as well as the latest changes to the building regulations Approved Documents F and L, and the new documents O (overheating) and S (electric vehicle charging points), which came into effect in June 2022.
Shop Building Regulations in Brief