Building Control: Local Authority vs Approved Inspector — Differences & Process

Summary

Building control is the statutory oversight of construction to ensure buildings comply with the Building Regulations. Historically there were two parallel routes: Local Authority Building Control (LABC), which has existed since 1985, and Approved Inspectors (AI), introduced under the Building Act 1984 to provide competition and faster service. The Building Safety Act 2022 fundamentally restructured the Approved Inspector system — all AIs had to re-register as Registered Building Control Approvers (RBCAs) by April 2024 and all Registered Building Inspectors (RBIs) must now meet competency requirements.

For practical purposes, tradespeople (particularly builders, developers, and contractors) need to understand:

1. Which projects require formal building control (as opposed to self-certification by a competent person scheme)
2. How to submit applications — Building Notice vs Full Plans vs Regularisation
3. How to choose between LABC and a private RBCA
4. What inspections are typically required and how to request them

The Building Safety Act 2022 also created a new category — Higher-Risk Buildings (HRBs) — which are buildings of seven stories or more (or 18m+ in height) occupied as dwellings. These can only be overseen by the Building Safety Regulator directly, not by LABC or private RBCAs. For domestic tradespeople, HRB work is rarely encountered, but awareness of this distinction is important.

Key Facts

• Building Act 1984 — primary legislation for building control
• Building Safety Act 2022 — restructured building control; introduced Registered Building Inspectors, new competency requirements
• LABC (Local Authority Building Control) — local council's building control team; statutory body
• RBCA (Registered Building Control Approver) — private sector equivalent; must be registered with Building Safety Regulator (BSR)
• Building Safety Regulator (BSR) — HSCA 2022 body responsible for Higher-Risk Buildings and oversight of building control profession
• Competent Person Scheme (CPS) — self-certification route for specific trades (Gas Safe, FENSA, Part P competent persons); no building control application needed
• Building Notice — simplified submission for domestic works; no plans required; inspector reactive; not suitable for commercial or complex work
• Full Plans — full drawings submitted in advance; plans are checked and approved; better protection for complex work
• Regularisation Certificate — retrospective approval for works done without building control; not available via private RBCA (LABC only)
• Commencement notice — must be given to the BC body at least 2 working days before work starts (Full Plans route)
• Completion certificate — issued on satisfactory completion; essential for property sales
• Fee structure — LABC fees set by government formula for domestic work; RBCA fees quoted commercially
• Duration of approval — Building Notice: work must start within 3 years; Full Plans: approval valid for 3 years
• Higher-Risk Buildings (HRB) — 7+ stories or 18m+ residential; regulated by BSR directly

Quick Reference Table

Detailed Guidance

Local Authority Building Control (LABC): How It Works

LABC is the traditional public sector route. Each local authority (district or borough council in England; similar in Wales and Scotland) has a building control team. Fees are set by a government fee structure for domestic work, which means they are broadly consistent and predictable.

Advantages of LABC:

• Statutory body — legally required to respond within set timescales
• Regularisation certificates available only via LABC (cannot get retrospective approval through private RBCA)
• Local knowledge of common construction challenges in the area
• No financial interest in the project (unlike a private RBCA who may be competing for business)
• No additional commercial pressure; inspectors focused on compliance, not commercial relationship

Disadvantages of LABC:

• Inspector availability can be inconsistent; response times vary by authority
• Some LAs have small teams; complex large projects may take longer
• Booking inspections requires advance notice; some LAs have limited flexibility for short-notice inspections

Registered Building Control Approvers (RBCAs): How They Differ

Before the Building Safety Act 2022, Approved Inspectors (AIs) were individually registered. Since April 2024, all building control companies providing building control services must be registered as RBCAs with the Building Safety Regulator, and all individual inspectors working for them must be Registered Building Inspectors (RBIs) with demonstrated competency.

Advantages of RBCA:

• Can be faster for commercial projects where inspector availability matters
• More flexible booking and inspection scheduling (commercial service model)
• Some RBCAs have specialised expertise (e.g., major retail, healthcare, complex structures)
• Competitive commercial pricing for large-volume developers

Disadvantages of RBCA:

• Cannot issue Regularisation Certificates (only LABC can)
• Fees negotiated commercially — can be significantly more expensive for small domestic jobs
• Some RBCAs focus on commercial/large-scale residential; domestic capacity varies
• Private sector — no statutory obligation in the same way as LABC

How to find a RBCA: The Building Safety Regulator maintains a public register of RBCAs. Previously the AI register was maintained by CICAIR — this has transferred to BSR.

Submission Routes: Building Notice vs Full Plans

Building Notice: A Building Notice is a simple statutory notice submitted to the LABC (not available through RBCAs for domestic). No plans are required in advance — the notice informs the LA that work is starting. An inspector then carries out inspections at key stages.

• No plan check — work proceeds at the applicant's risk
• Suitable for: simple extensions, garage conversions, window replacements, loft conversions without complex structural changes
• Not suitable for: buildings near drainage systems (drain plans required), commercial buildings, HMOs, buildings requiring fire safety assessment
• Inspections are reactive (based on your notification of stages)
• No formal approval letter — only a completion certificate at the end

Full Plans: Full Plans involve submitting detailed drawings and specifications before work starts. The LABC (or RBCA) checks the plans and either:

• Issues a "Plans Approved" notice (for LABC: within 5 weeks or 8 weeks if extended by agreement)
• Issues Notices of Rejection with reasons for non-compliance

Plans approval gives certainty before work starts — known as a "conditional approval" (conditions may require further information). If plans are approved, you have legal certainty that the design complies; if an inspector later finds a compliance issue, this is a defect in the inspection, not a liability for the applicant.

Best practice for extensions, new builds, and anything complex: use Full Plans, engage a structural engineer where required, and get plan approval before breaking ground.

Regularisation: Regularisation is the retrospective building control route for works completed without building control approval. Available only through LABC, not private RBCAs. The applicant submits drawings of works as built; an inspector assesses the works (which may require opening up); and if compliant, a Regularisation Certificate is issued.

Regularisation certificates are accepted by conveyancing solicitors as evidence of compliance for unpermitted historic works. Costs are typically 1.5× the standard fee. There is no limitation period — works done without building control 20 years ago can still be regularised.

Inspection Stages: What to Notify and When

After submission (and commencement of work), the following inspection stages are typically required:

1. Commencement — notify BC body at least 2 working days before work starts
2. Excavations — before concrete is poured (foundations must be inspected in the trench)
3. Foundations — before backfilling
4. Oversite — before concrete slab is poured
5. Damp-proof course — before structure above DPC
6. Drains — before backfilling drainage trenches (pressure test)
7. Structural frame — at key stages (intermediate floor, roof structure)
8. Insulation — before boarding or covering
9. Completion — when all work is complete; required for Completion Certificate

Not all stages apply to all projects — a loft conversion skips foundations/drains stages, for example. Check the specific stage list with your BC body at submission.

Scotland, Wales, and Northern Ireland

Building control is devolved:

• Scotland: Building Warrants (not building control notices); administered by local councils; Verifiers; different procedural requirements
• Wales: Similar to England; jointly promoted by LABC Wales
• Northern Ireland: Building Control Service via district councils; Building Regulations (Northern Ireland) 2012; separate approval process

Always clarify which jurisdiction applies to the project; the regulatory framework differs.

Frequently Asked Questions

Do I need building control for every extension?

Any building operation that is "development" under the Town and Country Planning Act 1990 and falls within the scope of Building Regulations requires Building Control approval (unless exempt). Exemptions include: buildings under 30m² detached ancillary structures (some conditions apply), porches under certain dimensions, and some agricultural buildings. For any extension to a dwelling, building control is almost certainly required. The safest approach: if in doubt, apply.

What's the difference between planning permission and building control?

They are two completely separate regulatory systems. Planning permission controls what you build, where, and how it looks (administered by the LPA). Building control ensures the structure is safe, energy-efficient, and compliant with the Building Regulations (administered by LABC or RBCA). Both may be required for the same project, or only one may apply (a structural loft conversion may not need planning permission but does need building control). Always check both.

Can I choose my own private building inspector as a homeowner?

Yes. In England, you can appoint any registered RBCA firm to act as your building control approver for most domestic work. The private market is competitive and online comparison of fees is possible. For regularisation of unpermitted works, you must use LABC.

What happens if I sell a property without a building control completion certificate?

A missing completion certificate for notifiable works is flagged in the conveyancing searches (local land search, drainage search) and will typically be raised by the buyer's solicitor as a deficiency. The buyer may seek a price reduction or require indemnity insurance. Indemnity insurance is available for missing completion certificates but does not guarantee compliance — it only provides financial cover if enforcement action is taken. Regularisation is the proper remedy.

Regulations & Standards

• Building Act 1984 — primary legislation for building control in England and Wales

• Building Safety Act 2022 — restructured building control; registered inspectors; Higher-Risk Buildings

• Building Regulations 2010 (SI 2010/2214) — the substantive regulations, with 18 Approved Documents

• Building (Registered Building Control Approvers etc.) (England) Regulations 2024 — new RBCA framework [verify]

• Town and Country Planning Act 1990 — planning law separate from building control

• Local Authority Building Control (LABC) — LABC portal, fee guidance, find your local authority

• Building Safety Regulator (HSE) — RBCA register, HRB guidance

• Planning Portal — Building Control — Homeowner and trade guidance

• RICS — Building Control Guidance — Professional guidance on building control routes

• building control — When building control sign-off is needed by job type

• competent person — Self-certification routes by trade

• building regs overview — All 18 Approved Documents and their scope

• planning permission — Planning permission vs building control distinction