You can apply for regularisation - retrospective approval for work already carried out without consent - from a local authority BCB only.
Only work carried out after 11 November 1985 can be approved in this way.
The purpose of Building Regulation 18 (Unauthorised Building Work) is to enable
homeowners and others to submit applications for Building Regulation approval after
unauthorised work or a material change of use of a building has been carried out.
Typical circumstances may be where a builder or an owner (previous or present) did not
seek the relevant building regulation approval prior to works commencing. It is not
intended that this power should replace or detract from the enforcement powers already
available to Building Control, e.g., when an offence is perhaps more consciously created.
An application for a Regularisation Certificate can only be made where Building Control can
be satisfied that:
- Work commenced on or after 11th November 1985 and;
- The work required an application to be made in respect of Building Regulations; and,
- The person who carried out the unauthorised work did not deposit plans or give such notice.
- The applicant should complete the application form and include the relevant charge,
together with the following:
- Duplicate plans of the unauthorised work; and,
- Plans showing any additional work required to be carried out to ensure that the
unauthorised work complies with the Building Regulations which were in force at that time.
A regularisation charge is payable at the time the application is deposited with Building
Control. Details of the charges are contained in the Building Control Charges Guidance Notes
The charge can be calculated by multiplying the Building Notice charge [Building Control
Charges Guidance Notes (BC02)] by 140%, VAT is not payable on this charge.
For advice on calculations of the Regularisation Fee, please Contact Building Control
Exposing the work
An application for a Regularisation Certificate will, in most cases, relate to completed work.
However - in order to assess whether compliance with the regulation has been achieved
Building Control is empowered to require the applicant to uncover work where necessary and the applicant must be willing to comply with all such reasonable requests. Use of the power,
therefore, assumes a reasonable level of co-operation between the applicants and Building
It is the responsibility of the applicant to carry out any reasonable actions in connection with
the work, where requested by Building Control. If an applicant is unwilling to comply with
any reasonable request, they run the risk that Building Control will be unable to judge
whether the work satisfies the applicable regulations.
Examples of requests that may be made by Building Control to determine compliance:
- Exposure of foundations and/or other elements of structure e.g. steel beams, floor joists,
etc. / exposure or testing of drains
- Calculations or other details to prove that the structural work is satisfactory
- Other details or specifications as considered where appropriate e.g., photographic evidence
of the works taken at the time of construction.
- Building Control may, conclude that the work satisfies the requirements of the Building
Regulations, in such a case we may issue a Regularisation Certificate. Or...
- Building Control may notify the applicant that specified work will need to
be carried out so that the work complies with the Building Regulations. When this work has
been carried out, a Regularisation Certificate may then be issued. Or ...
- The third possibility is that Building Control may find that they cannot determine (or cannot
determine without unreasonable cost or disruption to the applicant) what additional work
would be required in order to comply with the Building Regulations. In such circumstances
the Regularisation Charge is not refundable as Building Control will have incurred costs in
considering the application.
A Regularisation Certificate shall be evidence (but not conclusive evidence) that the relevant
requirements specified in the certificate have been compiled with and does not in any way
imply that any permissions required under the Town and Country Planning Act have been
granted. The regularisation application will be recorded against the property and its status
i.e., whether a regularisation certificate has been issued, will be revealed during the local
search process when the property is sold.
Guidance notes for completing the regularisation application
Updated April 2021