Building Regulations and Freedom of Information

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Blackpool
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Does anyone know if a Building Regulations application is exempt from the Freedom of Information Act/enviromental Information Regulations.
 
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You can view (not copy) Building Regulations Applications under the Act assuming its a Local Authority doing the plan checking and not a private inspector.
 
Can you guide me to where this is stated. The Local Council Building Inspection Department have told me it is only viewable if the original applicant agrees.
 
Following a similar thread on here recently I spoke with a senior inspector about this and he intimated that the senior Building Inspector team (at my local authority) had discussed this very issue and had concluded that it would be available under the Act. I guess you may have to put the Act to the test to really find out though. I'd speak (or formally write) to the head of your Building Control Dep and ask. On some authority's websites they have an online register where anyone can view them.

This may be the kind of doument you require: http://www.google.co.uk/url?sa=t&so...VeWB1BuKO3VVTmsrA&sig2=6iCm2RSkBDEzNgS80_sEdA
 
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Thank you for the info, we will request a review. If still denied we will put it to the Freedom of Information Commission and see what their thoughts are. Thank you.
 
The problem here is that building regulations is a private matter. (unlike planning applications which is a public process) Although plans and specifications are submitted to the local authority this only happens because we are forced to by legislation to gain approval. The documents remain private when in the authorities hands and they have no right whatsoever to show them or release them to others.

Now, I'm not too precious about it myself and if somebody came to me and asked to see them then, depending on their motives, I would most likely be willing to show them. But I would certainly not be happy if the local authority started releasing them to anybody.

They are not public documents so I see no reason why the freedom of information act has anything to do with it. And, just going forward, if the local authority did start to release BR documents I think they could land themselves in a lot of trouble. People might start refusing to submit documents on the basis that they are not held securely. where would that leave them?
 
The reason we require to view the building regulations relates to our own home which was built by a developer. The reason for this being problems with the foundations. Therefore if only the original applicant (The Developer) can view the regulations and specifications it makes if difficult to see why the problem occured, or if regulations were correctly conformed with. Building Regulations can have an impact on adjoining houses, therefore it can be in the interest of other to view the documentation.
 
They are not public documents so I see no reason why the freedom of information act has anything to do with it.
I whole heartedly agree and it was from this angle that I spoke to my own Building Control and was told it would be available under the Act. If you went to a private inspector there is no way he would let you see if he didn't wasn't you to or did not have permission from the agent/applicant and I really can't understand why this would be any different but the information was gained by me from a senior inspector at my local authority whom I've known for about 10 years so had no reason to doubt him. Personally I think its a grey area and only a test would find out the reaction so let us know what happens rooftops. :p
 
Will do! we shall make the request under Freedom of Information and Environmental Information Regulations. Plus evidence of where it states that it is not covered by these regulations if access is still denied. Then a complaint to the Freedom of Information Commissioner whose experts can look at it.
 
If your house is part of a large development it is unlikely the approved plans will help you. The plans would have been a generic approval covering a number of house types. It might include a range of generic foundation designs but these will not usually be specific to particular plots. Each plot would be reviewed and adapted depending on site conditions.

If it's a small site then each house would have a proposed foundation but even then these will be subject to site conditions and inspection and what was built may bear no resemblance at all to what was approved.

Sounds crazy I know but the fact is that designers usually have only approximate idea of what's below the ground and even boreholes only tell you about the immediate area. I've seen plenty of sites of an acre or more with only two or three trial holes to work from.
 
There are 10 houses. The developer dug down deep through peat and the drainage system for neighboring land and through the roots of protected trees. Trees are dying and areas are flooded. A lot of infill was placed in the excavation..............
Would special approved engineering specifications for the foundations have been required? Permission from the LPA should have been sought under the terms/conditions of planning, none was. I assume that the Building Inspector would have made notes!
 
The couple of sites I have have been involved in on peat both needed piling. Do you not have a warranty - and why can't you go back to the developer?
 
Yes there is a warranty, the developer and the planning dept are very cagey. Several conditions of planning were not conformed with or discharged and the planners turned a blind eye. We are just discovering about all this because original properties and landowners are being flooded.
 

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