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Bettesworth Construction
building control

Building Regulations Approval vs Regularisation in England: Which Applies to Your Work?

For construction work in England, building-regulations approval is the prospective route; regularisation is a retrospective assessment for eligible work done without required consent.

By Bettesworth Construction Team 4 min read

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In England, get building-regulations approval before starting work that requires it. If covered work has already been carried out without the required consent, ask the local authority about regularisation. The right route depends on the property’s location, the work and its stage; planning permission is a separate check.

Which route applies to your construction work?

Situation Route What to know
The work is planned and requires building-regulations control Apply for the appropriate building-control approval before work starts. The application route and responsible body depend on the work and building. GOV.UK guidance for England identifies the local council or a private registered building control approver for work outside the higher-risk-building route; covered higher-risk-building work generally goes to the Building Safety Regulator.
The work has already been carried out without required building-regulations consent Ask the local authority building control body about regularisation. GOV.UK says this route applies to work carried out after 11 November 1985. An application does not guarantee a certificate: inspection or alterations may be required.
The project may need planning permission as well Check planning separately. Building regulations approval and planning permission are different regimes. One does not replace or establish the other.
The property is in Scotland or Northern Ireland Use that nation’s current building-control guidance. The process described here is for England. Scotland and Northern Ireland have different rules.

These are not interchangeable application forms: prospective approval deals with work before it begins; regularisation asks an authority to assess specified work after it has been done.

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What building-regulations approval covers

Building regulations set requirements for building work. If your planned work is subject to building-regulations control, identify the correct application route and obtain approval before starting. GOV.UK states, “Building regulations approval is different from planning permission.” A project may need both, so check each regime independently.

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For work outside the higher-risk-building route, GOV.UK says applicants may apply to their local council or a private registered building control approver. Confirm which route applies to your project before work begins; the responsible body and application type depend on the work and building.

Higher-risk buildings

GOV.UK describes a higher-risk building as at least 7 storeys or 18 metres high and meeting a listed use criterion: at least 2 residential units, a hospital or a care home. For specified work to a covered higher-risk building, approval from the Building Safety Regulator is required before work starts. GOV.UK lists exceptions that include certain exempt work, work under a competent-person scheme and emergency repairs.

Height alone does not settle whether the legal definition applies: the use criteria and the particular work matter too. Check the current Building Safety Regulator guidance for the building and work in question, as the definition and responsibilities are regulatory matters that can change.

What regularisation involves

Regularisation is a retrospective assessment of work carried out without the required building-regulations approval. In England, GOV.UK states that the route is for work carried out after 11 November 1985. Contact the local authority building control body to establish whether and how to apply for your particular work.

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The authority may inspect the work and may require alterations before issuing a regularisation certificate. If parts of the construction are concealed, it may ask for them to be opened up so they can be assessed. A certificate is not automatic merely because an application has been made.

Plans, records and inspection

Regulation 18 describes an application as including a description of the unauthorised work and, so far as reasonably practicable, plans of that work and any additional work needed to secure compliance. The regulation refers to requirements applicable when the work was carried out. Check the current statutory text and your authority’s requirements for the specific case.

Oxford City Council gives examples of information that may assist: site plans, work specifications, calculations, invoices and photographs. Its guidance also describes possible requests to expose walls, foundations, wiring or beams. These are local examples, not a uniform checklist for every authority; ask the authority handling your application what it needs.

What a regularisation certificate does—and does not—establish

A certificate is evidence that the specified requirements have been complied with, but regulation 18 says it is not conclusive evidence. The authority must be satisfied about the relevant requirements, and the assessment is not simply an assurance that the work meets every current standard. The surfaced wording of regulation 18 refers to requirements applicable when the work was carried out; confirm the statutory position for the project and its date.

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GOV.UK warns that non-compliance can lead to prosecution and fines, a requirement to fix faulty work, or difficulty obtaining compliance certificates that may be needed when selling a home. These are possible consequences, not automatic outcomes in every case. Regularisation does not itself guarantee that enforcement action will not follow.

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What to do next

  1. Confirm the jurisdiction. If the property is not in England, use the relevant nation’s building-control guidance rather than applying this process.
  2. Establish the work’s stage. If it is planned, check whether building-regulations control applies and follow the prospective route. If covered work is already complete without required consent, contact the local authority about regularisation.
  3. Check planning permission separately. Ask the relevant planning authority whether the project needs planning permission; building-control approval does not answer that question.
  4. Identify the correct building-control body. For planned work, check whether the local council, a private registered building control approver or—where the higher-risk-building rules apply—the Building Safety Regulator is responsible.
  5. For completed work, ask what evidence and access are needed. Gather available plans, specifications, calculations, invoices and photographs, and be prepared for an inspection or a request to expose concealed construction.

Where structural issues, concealed work or remedial work require specialist assessment, the local authority may indicate that further professional advice is appropriate. Oxford City Council’s guidance describes this as a possibility; it is not a requirement established for every case.

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