Housing Association Guide Part 4 - Appendix 3Statutory Approvals
Contents
1.01Statutory Approvals - in undertaking particular types of development – e.g., new build or rehabilitation - Associations will need to ensure that any necessary Statutory Approval is obtained, and complies with any conditions attached to the granting of the approval. The main Statutory Approvals are Planning Permission and Building Regulation Approval and further information on these is given below. In Package Deals schemes and Off-the Shelf schemes, the Association will need to ensure that the necessary Statutory Approvals have been obtained by the Developer and that any conditions applicable complied with by the Developer. 2 Planning Permission
2.01Planning Permission - the DSD’s minimum requirements with regard to planning permission are set out in Part 2 of the Guide. It is recommended that the Association does not acquire land or property without undertaking preliminary enquiries about its Planning status. Where it is necessary or expedient to acquire the land/property before permission is granted, the Association should minimise its risks by obtaining as much comfort as possible that approval will be forthcoming. It should also have regard to the financial risks and make provision to cover any private loans and/or Housing Association Grant advanced, from its own resources if permission is refused
2.02Fees - are payable for all classes of planning application and for the approval of reserved matters. Although there are certain fee exemptions, for the most part these will not apply to the work of Housing Associations.
2.03The calculation of fees - is generally based on the area to be developed, the exceptions being the building of only one dwellinghouse or the changing of one dwellinghouse to two or more dwellinghouses. In these cases flat-rate fees are charged. It is important that applications clearly show the area which is proposed to be developed. This should be done by means of submitting a plan using metric measurement with the application edged, or shaded, in red. This area will be taken as the application site for the purposes of calculation of the fee.
2.04Planning charges - are taken into account in the DSD's Capital Grant System as part of the standard allowance for on-costs. Consequently, charges arising out of planning applications to support land/property acquisition will not be recoverable if the proposed scheme is not subsequently approved. Further information on planning permission, fees etc is available at (www.planningni.gov.uk  )
3 Building Regulation Approval3.01Building Regulations - have regard to the need for securing the health, safety, welfare and convenience of persons in or about buildings and furthering the conservation of fuel and power. Building Regulations approval must be sought from the local City or District Council in whose area the work will take place, for the erection, extension or the material alteration, including rehabilitation, of a building. The Building Regulations also apply to the provision, extension or replacement of sanitary equipment, drainage (both rain-water and foul) fixed heating appliances (other than electrical appliances) and the insulation and energy-saving controls for space and water heating systems. Approval must also be sought for the change of use of an existing building – e.g., for a building to be used for a dwelling where previously it was not or for an existing dwelling to be converted into flats, apartments or a sheltered dwelling or home.
3.02The Building Regulations - require a person intending to carry out any of the above-mentioned work to deposit plans with the City/District Council in whose area the work will take place, and to give notices before commencement of the work. Not less than 2 days notice must be given of commencement and covering-up of certain stages of the work, such as the laying of foundations, drains or private sewers. Notice of completion must also be given of the erection of a building the alteration or extension of a building or the provision of a service or fitting, not more than 5 days after completion.
3.03Applications – an applicant has a right of appeal to the Department of Finance and Personnel (DFP) against a decision of a City/District Council to reject plans of proposed work, or to refuse to relax or dispense with any provision of building regulations that are within its powers to relax or dispense with, provided that the appeal is made within the prescribed period, presently 56 days from receipt of the notice of the decision. An appeal can also be made against conditions attached to a grant of relaxation by a Council.
3.04Fees - are payable to the City/District Council for all Building Regulation applications. However certain exemptions apply where the work is solely for disabled people. Fees are charged in 2 parts, namely a "plan fee" for examining plans and an "inspection fee" for inspecting the work. The fees charged depend on the number of dwellings being erected. Plan and inspection fees for certain small extensions to domestic buildings such as porches and garages are charged according to size. Details of the latest level of fees may be obtained from the City/District Council. The plan fee is payable on the first occasion on which plans of the works are deposited; the inspection fee is payable on demand made after the City/District Council carries out the inspection for which the fee is due.
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