Eden District Council (Now Westmorland & Furness)
Building Control Applications
General Information
If you are planning to carry out building work that needs to be checked by a building control body you can choose either of the following routes:
- submit an application for building control approval with full plans (described in Regulation 14 of the Building Regulations 2010).
- submit a building notice, which contains less information than full plans (see Regulation 13 of the Building Regulations 2010).
It is necessary to deposit an application for building control approval with plans instead of a building notice if any of the following work is proposed:
- building work in relation to a building to which the Regulatory Reform (Fire Safety) Order 2005 applies or will apply after building work is complete – examples of such buildings include:
- hotels and boarding houses
- offices, shops and factories
- flats – if there is more than one flat and the work affects the common parts (areas shared with other flats, for example, entrance corridors, hallways or stairs)
- building work that includes erecting a building that fronts a private street
- building work that involves building over or otherwise interfering with an existing shared drain, sewer or disposal main shown on a map of sewers
When you can start building works (not including higher-risk building projects)
Once you have submitted a Building Notice application or Full Plans application, work can start on site 48 hours (2 working days) after notice has been given to Eden District Council (Now Westmorland & Furness) of your intention to start building.
Please remember that you must tell Eden District Council (Now Westmorland & Furness) when inspection stages are reached so that a surveyor can inspect the works as they go along.
Application for building control approval with full plans
If you wish to obtain formal approval for building works before the work begins you can apply for building control approval with full plans.
Eden District Council (Now Westmorland & Furness) require:
- a completed application form
- a copy of the drawings
- structural calculations, if appropriate
- the correct charge/fee, which is calculated using a government framework
The applicant must pay the plan charge to the local authority when requested.
Eden District Council (Now Westmorland & Furness) must grant or reject the full plans within 5 weeks, or a longer period if the applicant has agreed to an extension of time.
Eden District Council (Now Westmorland & Furness) may reject the plans if either they:
- show that work will contravene the building regulations
- are defective (for example incomplete) – they fail to show that work will comply with the Building Regulations. Eden District Council (Now Westmorland & Furness) must give the reason in the notice of rejection
If rejected, the plans can be resubmitted and will be rechecked – there is no extra cost if this is done within 12 weeks of the rejection date. Once the plans show compliance with the regulations the application will be granted.
Partner application for building control approval with full plans
If you wish to obtain formal approval for building works before the work begins you can apply for building control approval with full plans.
Eden District Council (Now Westmorland & Furness) require:
- a completed application form
- a copy of the drawings
- structural calculations, if appropriate
- the correct charge/fee, which is calculated using a government framework
The applicant must pay the plan charge to the local authority when requested.
Eden District Council (Now Westmorland & Furness) must grant or reject the full plans within 5 weeks, or a longer period if the applicant has agreed to an extension of time.
Eden District Council (Now Westmorland & Furness) may reject the plans if either they:
- show that work will contravene the building regulations
- are defective (for example incomplete) – they fail to show that work will comply with the Building Regulations. Eden District Council (Now Westmorland & Furness) must give the reason in the notice of rejection
If rejected, the plans can be resubmitted and will be rechecked – there is no extra cost if this is done within 12 weeks of the rejection date. Once the plans show compliance with the regulations the application will be granted.
Building Notice Application
When a valid building notice has been submitted (including fee paid), building work may begin at any time provided the local authority is given 2 clear working days’ notice of the intention to start work, as required by Regulation 16(1) of the Building Regulations 2010.
Building notice applications guidance
A building notice application is an application under the building regulations giving brief details of your proposals for domestic alterations and extensions.
A building notice may be used where the Regulatory Reform (Fire Safety) Order 2005 does not apply. This may be appropriate where the building work is simple and drawings are not required.
- The building notice enables work to be started without having to provide Eden District Council (Now Westmorland & Furness) with plans – you must inform Eden District Council (Now Westmorland & Furness) before the work is started
- The building notice fee must be paid when a building notice is deposited – the building notice fee is similar to the combined plan and inspection fees of the full plans option
You need to submit a building notice to Eden District Council (Now Westmorland & Furness) and it should include the information specified in Regulation 13. In the case of a new building or extension, the information should include a site plan.
Once the building notice has been deposited, Eden District Council (Now Westmorland & Furness) may ask in writing for further information.
Eden District Council (Now Westmorland & Furness) are not required to pass or reject a building notice. If you use a building notice instead of the full plans route, then both of the following apply:
- You will not have the protection of having full plans passed by Eden District Council (Now Westmorland & Furness). If Eden District Council (Now Westmorland & Furness) have passed your plans, then you know that Eden District Council (Now Westmorland & Furness) are happy for you to build from them
- You cannot ask the Secretary of State for a determination if the person carrying out the building work disagrees with Eden District Council (Now Westmorland & Furness) requirements
If building work contravenes the Building Regulations, Eden District Council (Now Westmorland & Furness) can require the work to be altered or removed.
Regularisation Certificate
Where unauthorised building work has been carried out on a property, it may be possible to obtain a Regularisation Certificate.
Whether the works were carried out by yourself or a previous owner an application can be made if the works started on or after 11 November 1985.
‘Unauthorised’ building work is work that was carried out without an application having been submitted and accepted by us before works started. When a Regularisation Certificate is issued, it provides evidence (but not conclusive evidence) that the requirements of the Building Regulations specified in the certificate have been complied with at the time when the unauthorised work was carried out.
Contact Eden District Council (Now Westmorland & Furness) to discuss your particular situation before you apply. In doing so you can be given a clear indication of what is required, allowing for an informed decision whether to apply or not, as depending on circumstances this may mean that you have to open up works. You could also be asked to take down or rebuild work.
What Eden District Council (Now Westmorland & Furness) need to issue a certificate
Eden District Council (Now Westmorland & Furness) need:
- a full description of the unauthorised work, including:
- existing plans (before the work started)
- proposed plans (what is intended/what has been completed)
- plans and associated structural calculations that should demonstrate compliance with the Building Regulations that were in force when the work was originally carried out
- the appropriate fee
- photographs of the work in progress, or other evidence as may be applicable, may assist in demonstrating compliance, and may reduce exposure works required, so if you have this information, please send this also
Initial Notice
Demolition Application
Report a Dangerous Structure
General Query/Advice/Quotation
Make an applicationHigher-Risk Building Projects
From 1 October 2023
A higher-risk building has at least 7 storeys or is at least 18 metres in height and either:
- is a hospital or care home
- has at least 2 residential units
If you intend to carry out work to a higher-risk building you must submit your application to the Building Safety Regulator via GOV.UK.
Apply/Manage higher-risk building application
Work cannot start until approval has been granted. For more information please see the Higher Risk Building Procedures Regulations.
If you have any queries, please contact the Building Safety Regulator.
Penrith
Cumbria
CA11 7YG