ENGLISH LAW

Importance of Building by Laws or Building Regulations

Starting the Construction of a building, however big or small, has always been associated with a
big set of Questions. Among the many questions that crosses one’s mind the most important
question is, how to design and what things one should keep in mind while designing? Different
people have different design requirements. The design used by one may affect other people living
in the vicinity. If it effects adversely, one of the many conditions that will result from this will be
frequent brawls and fights with the neighbors and the locality members. There should be some
standards on which building designs can be based. Keeping this need of standardization in mind
there was a need to formulate certain rules and regulations that one should follow while
constructing a building. Therefore, some rules and regulations were formed by government to
regulate the construction of the buildings known as Building by laws or Building Regulation.
Building Bye laws are the rules and regulations set forth by the concerned government
authorities and updated time to time. These regulations guides us about what to construct, how
and where. All the government and non-government authorities work according to the building
by laws applicable in there locale. Any building plan submitted to the authorities which does not
adhere to the building by laws of the authority concerned is not passed. Compliance to them is
mandatory by law whereas noncompliance is punishable. As these rules and regulations apply to
all, it helps to bring about a more uniform development. The Building by law document may be
a very lengthy document to read but it is worth reading to avoid future problems arising out of
noncompliance.
The Building By laws should be followed strictly by any person or organization who plans to
construct a building. For Group housing buildings the rules entail details such as width of a
setback, percentage of Greens, Built up percentage, distance between two buildings, height of
buildings, mandatory services requirements, distance from high tension electrical lines and many
more.
Planning control is the process of managing the development of land and buildings. The purposes
of this process is to save what is best of our heritage and improve the infrastructure upon which
we depend for a civilized existence.

About the Planning System

Introduction
Your local planning authority is responsible for deciding whether a development, anything from
an extension on a house to a new shopping Centre, should go ahead.
The Government has published a plain English guide giving an overview of how the planning
system works in England.
Local Plans

Planning involves making decisions about the future of our cities, towns and countryside. This is
vital to balance our desire to develop the areas where we live and work with ensuring the
surrounding environment isn't negatively affected for everyone. It includes considering the
sustainable needs of future communities.
Local planning authorities must prepare a local plan which sets planning policies in a local
authority area. These are very important when deciding planning applications.
Independent planning inspectors must look at all local plan documents that local authorities in
England prepare. This examination is the last stage of the process for producing a local plan. The
process should have fully involved everyone who has an interest in the document and they should
have had the chance to comment.
Local plans must be positively prepared, justified, effective and consistent with national policy in
accordance with section 20 of the Planning and Compulsory Purchase Act 2004 (as amended) and
the National Planning Policy Framework.
Once adopted, local plans provide the framework for development across England.
Planning Permission
Your local planning authority (LPA), usually a department of the council, is responsible for
deciding whether a proposed development should be allowed to go ahead. This is called planning
permission.
Most new buildings, major alterations to existing buildings and significant changes to the use of
a building or piece of land need this permission.
However, certain minor building works, known as permitted development, don't need planning
permission. This is because the effect of such developments on neighbors or the surrounding
environment is likely to be small. For example building a boundary wall below a certain height.
Similarly, a change of land or building use is classed as permitted development if it's within the
same use class.
Other areas get special protection against certain developments. Reasons for special protection
include:

 Protect attractive landscape – e.g. national parks

 Protect interesting plants and/or wildlife
 Control the spread of towns and villages into open countryside – e.g. Green Belts
 Protect monuments or buildings of historical or architectural interest.
Occasionally, large proposals or controversial applications of national significance are 'called in'
to be decided by the First Secretary of State instead of the LPA.
Please note that Building Regulations approval is a separate matter from obtaining planning
permission for your work.
Learn more about the difference between Planning Permission and Building Regulations
(Planning Portal, 2018).

SRI LANKAN LAW

Land development activity

The land development activity in the context of Development Control means, sub-divisions or
amalgamation of land. It is important to ensure that the subdivision of the 'land is approved by
the Council and an assessment number is obtained. Otherwise plans submitted without sub-
division approval will be rejected.
Every sub-divided lot should abut an existing or proposed Public Street or a Private Street, which
gives access from a Public Street. In case when sub-division of land is invoked with laying of a
New Private Street, a Private Street Application should be submitted along with level sections,
formation levels, etc.
The minimum extent, usage depth, frontage etc. should be according; To the Planning and
Building Regulations.
Submission of sub-division plan for approval

The original and four (04) copies of the survey plan and where necessary with level sections,
prepared by a Licensed Surveyor should be submitted to the Planning Division with the following
requirements:
a) Letter of consent from the owner/owners if the applicant is not the owner.
b) Non-vesting certificate and issued within three made for sub-division.
c) Obtained from the Municipal Treasurer (3) months from the date of application
d) Clearance obtained from The Municipal Drainage Division.
e) Payment of the prescribed fee i.e. Rs. 250/- per lot.
Once the sub-division Plan is approved Assessment Numbers for the sub-divided lots should be
obtained from the Municipal Assessor.
To apply for tile planning permission

a) Preliminary Planning Clearance for any development can be obtained from the Council or
Urban Development Authority if it is necessary. It is advisable to obtain this clearance for
high-rise developments before preparation of the plans in order to avoid delays. And
disappointments. Application for preliminary planning clearance is available in the City
Planning Division. This applications should be submitted with two (2) copies of sketch
plans. This clearance will be issued in writing with conditions if any and this is valid for
only one year.
b) The building application form for obtaining a Development Permit is available in this City
Planning Division. It is necessary that the designers are aware of the prevailing regulations
and other Planning and Building requirements such as Sub- division to land, street and
building lines, arcade lines and other reservations, zoning, fire requirements and buildings
standards.
c) It is the duty and the responsibility of the designer to go through the Planning and Building
Regulations prepared under the Section 8 of the Urban Development Authority Law
carefully to give as correctly and clearly as possible all particulars and information that
are required.

How to submit plans

a. A building application can be obtained from City Planning Division of Colombo

Municipal Council.
b. Building application has to be perfected and should be signed by the owner,
applicant and the Architect and submitted along with the building plans.
c. All plans should be submitted in five copies. Two copies will be returned to the
applicant. If .the proposed development is above three (3) floors Six (6) copies of
plans should be submitted.
d. Plans must be drawn neatly and accurately in ink or produced in print.
e. All extensions to the existing building works should be shown in red colour.
f. Parts of the building that are to be removed should be shown in dotted lines.
g. Features that are to be retained should be shown by colour notation.
h. Each unit of a residential building should be given a different colour.
Planning permission

New buildings, alterations and enlargement of existing buildings, change of uses of buildings and
changes of land need planning permission. Colombo Municipal Council as the planning Authority
has to ensure that the development is allowed when it is needed, while ensuring that the
character and amenities of the area are not adversely affected by the proposed development.
Planning permission includes:
o Approval for subdivision plans
o Approval for building plans
o Approval for condominium plans

REGULATIONS AND DEVELOPMENT CONTROL

A land owner has a reasonable degree of freedom to develop his/her property or make additions
or alterations to the buildings. However individuals may sometimes be required to sacrifice their
interests and forego some of their privileges in the larger interest and wellbeing of the
community. The larger interests of the community as a whole cannot be sacrificed by allowing
haphazard and unplanned dwellings, shops, factories or any other buildings or structures.
The main objective of "Development Control" is to regulate the growth of the city in a planned
and orderly manner. Also it is established that "Development Control" is absolutely essential to
safeguard the interests of the community.
No person, institution or state agency shah carry out or engage in any development activity
within the Development Area of the City of Colombo except under the Authority which should
be in accordance with the development guidelines given in the City of Colombo Development
Plan, prepared under Section 8A and the Planning and Building Regulations under Section 21 of
Urban Development Authority Law.
HOW TO OCCUPY A BUILDING?
a) No building should be occupied or allowed to be occupied after completion without
obtaining a Certificate of Conformity.
b) After the completion of a building according to the building plan, application should be
forwarded to the City Planning Division to obtain the Certificate of Conformity.
c) If the building work has deviated from the approved building plan a new se~ of building
plans as built should be forwarded for approval.
d) Application fe~ for Certificate of Conformity is Rs. 500/-
The Process
The process below is a typical example of ensure that our customers aware of their upcoming
inspections, and how we provide copies of the inspection certificate after our inspection engineer
has completed an inspection(lloydsbritish, 2018).
Our Typical Planning and Inspection Delivery Process

Figure 1 - Planning and Inspection Delivery Process

Task 02

English law

Building Permits
Building permits are issued to insure fair and equal taxation, to see that environmental laws and
local ordinances are adhered to during construction and to insure the safety of the public and
their property through proper building techniques by following building codes. Union County
requires a building permit for all construction projects that:

 Are dwellings
 Are accessory structures over 150sf
 Alter the existing footprint of a structure
 Require water, sewer or electric connection
 Are located within a designated stream buffer
Some examples of projects which require a building permit include but are not limited to:

 Commercial and residential buildings

 Mobile homes
 Travel trailers used as a part time or full time residence
 Garages, carports and storage buildings
 Renovation/finishing of any areas within a residence or building
 Decks, porches and porch roofs
 Additions to an existing structure
 Any structure or disturbance located in a designated stream buffer
 Building in Mountain Protection
 Mobile home evaluations
Some examples of projects which DO NOT require a building permit include but are not limited
to:

 Roofing material and exterior siding change

 Replacement of floor covering
 Painting and wallpapering
 Sidewalks and driveways
Building permits are valid for one year from date of issue, after which a renewal is required.
Permits and inspections are required and any person violating any provision of the Union County
Building and Building Regulations Ordinance or the Manufactured Homes and Trailer Ordinance
shall be punishable pursuant Union County Code, Chapter 18 and/ or Union County Code,
Chapter 46.

Zoning

The Urban Area of Colombo City is divided into various zones, such as Primary Residential, Mixed
Residential, Commercial, etc. . And the types of development that can be permitted in each zone
are classified in the Development Plan. It is the duty of designers to find out whether the
proposed development is compatible with the zoning of the area. However the existing non-
conforming uses in a zone may remain but no expansion of such activities is allowed in that
respective zone.

Building Control Process

The building control process is outlined below

Application
The Approved Inspector is required to submit an Initial Notice to the Local Authority, to check
the details and register the work there for future land searches.
They require 5 working days for this during which building work should not start on site
(otherwise our Notice will be voided and the work will return to LA control).
An application form needs to be submitted to us at London Building Control (by email, fax or
post).
Fee
The relevant fee, which needs to be agreed with LBC Ltd, should be submitted (usually in full
along with the application). Fees are usually based upon the complexity of the work, the cost of
works and the location of the site, and are generally similar to LA fees (except small works which
tend to be more expensive).
Processing the Initial Notice
Once deposited by us at the council, the Local Authority should check the details of our Initial
Notice within 5 working days – the LA can reject the notice if the details are found to be incorrect.
If there are no objections to the IN format within this time works can then commence on site.
(Note: Initial Notices cannot be used for retrospective works or works which have already
commenced and it is therefore imperative that works should not be started prior to the IN being
submitted to and accepted by the LA).
Our clients may also request a Plans Certificate, which means that the plans and details provided
have been checked and accepted to comply with the Building Regulations. Before this can be
issued, all the information required must be submitted to the AI and all the necessary
consultations completed satisfactorily (i.e. with the Fire Authorities, Sewerage Undertakers,
Engineers etc.).
Commercial Work
The AI usually has to consult the Fire Authority regarding commercial properties and where flats
have communal areas.
New Building or Extensions (at or below ground level)
London Building Control has to consult the Sewerage Undertaker, to ensure that there are no
public sewers in the vicinity (usually within 3m). For this reason a location plan (at a scale not less
than 1:1250) needs to be sent to us to pass on to the LA and Sewerage Undertaker (usually
Thames Water in and around London). For such work, the IN cannot be processed without the
location plan showing the footprint of the proposed works; new buildings also need to also show
the proposed connections to sewers on the location plan.
Inspections
The developer or builder should notify London Building Control at the relevant stages of building
work so that inspections can be made (i.e. notifications for commencement, foundations, drains,
damp proof courses, etc.). However at the first visit (which is often when foundation excavations
or drains are ready for inspection) the Site Inspector will discuss when the next inspection is likely
to be required and put in place a site regime for inspections.
Completion
At satisfactory conclusion of works, London Building Control will issue a Final Certificate to the
LA for their records, with a copy to the client. (Note: Final certificates should be issued by LBC to
the reach the LA within 4 weeks of occupation for commercial work and flats and 8 weeks for
domestic work; please ensure we have the necessary documentation, such as electric certificates,
so that we are in a position to issue the Final Certificate, otherwise works may revert to LA
control).

Key Legislation
As industry leaders in providing inspection, testing, and certification services we understand that
the relevant legislation relating to equipment within the workplace can be complex and difficult
to understand. However, our team of industry leading technical managers are here to support
our customers to advise them on their legal requirements, and keep them compliant.
Health and Safety at Work Act 1974 (HASAWA)
The primary law on health and safety in the workplace sets out the requirements of employers
and their general duties to protect health, safety and employee’s welfare in the workplace.
Management of Health and Safety at Work Regulations 1999 (MHSWR)
The MHSWR places duties on employers to undertake an assessment of the risks to their
employees and others who may be affected by their work using the General Principles of
Prevention.
Workplace (Health, Safety and Welfare) Regulations 1992 (The Workplace Regulations)
An extension of the HASWA covering the responsibilities of employers, owners, landlords or
managing agents of business premises on issues of ventilation, temperature, lighting, cleanliness,
room dimensions, workstations and seating, floor conditions and more.
Lifting Operations and Lifting Equipment Regulations 1998 (LOLER)
LOLER covers people and companies who own or have control over lifting equipment. It states all
lifting must be properly planned and appropriately supervised by a competent person. It also
requires all equipment to be suitably marked and thoroughly examined by a competent person.
Electricity at Work Regulations 1989
The Electricity at Work Regulations 1989 require that any electrical equipment that has the
potential to cause injury is maintained in a safe condition to prevent danger.
Provision and Use of Work Equipment Regulations 1998 (PUWER)
PUWER requires that equipment provided for use at work is suitable and safe for the intended
use; maintained in a safe condition and regularly inspected; used only by those with adequate
information, instruction and training; and protected by approved devices and controls.
Pressure Systems Safety Regulations 2000 (PSSR)
PSSR covers the safe design and use of pressure systems. It places responsibility on duty holders
including users, owners, competent persons, designers, manufacturers, importers, suppliers, and
installers of pressure systems.
Control of Substances Hazardous to Health Regulations 2002 (COSHH)
Many businesses use substances, or a mixture of substances, that can be dangerous. COSHH
covers the safe handling of these substances and the rules on exhaust ventilation to limit
exposure.
Supply of Machinery (Safety) Regulations 2008 (Amended in 2011)
All new machinery covered by these regulations has to be designed and constructed to meet
common minimum European safety requirements. This is certified by a CE mark on the
equipment and a Declaration of Conformity issued by the manufacturer or other Responsible
Person (lloydsbritish, 2018).