74 | P a g e

Module: 5

Understanding Paperwork and Legal

Status

75 | P a g e

In the previous modules you learned how to get started with refurbishment, how to plan, and how to

hire contractors. In this module, you will learn about the slightly more unpleasant side of repairs and

redecoration, paperwork. While not all building projects require paperwork, or have legal requirements,

it is your responsibility to find out if they do, and how you can meet requirements or restrictions

imposed by regulations. This is important for ensuring the legality of your project, making sure your

project is safe, protecting yourself in case anything goes wrong, and ensuring that you have proof of

value for your insurance when you go to cover your new refurbishments. Following proper legal

channels, requesting permission, and checking with building regulations before commencing with any

work will help you to avoid being fined, avoid a cease and desist order, or avoid creating costly problems

that you have to fix.

5.1 DIY Refurbishment

5.2 Building Regulations

5.3 Planning Permission

5.4 Legal Requirements

5.5 Contracts and Agreements with Contractors

5.6 Health and Safety

5.7 Environmental

5.8 Keeping Records

76 | P a g e

5.1 DIY Refurbishment

DIY refurbishment is fairly straightforward so long as you aren't making structural changes, or

changes to the roof or exterior of the home. You can also technically complete work where a license

or permit is required, providing you report it, prove yourself to be a competent person, and don't

disturb the neighbors. These regulations are fairly simple, but they vary greatly depending on your

area or country. For example, in the United States, there is very little regulation or enforcement on

what you can and cannot do yourself in your own home, but some states do have regulations.

Countries like the UK and New Zealand have much stricter regulations, which you will have to follow.

The best practice is to contact your local building regulation in your town, tell them the specific work

you want to do, and ask if you need a permit or an inspection.

Minor Changes - You can do all minor and decorative changes on the interior of your house without a

permit, license, or concern. It is your responsibility to ensure the safety of any workers and your own

safety, but nothing more.

Structural Changes - You likely need planning permission or a building inspection in order to make

structural changes, such as knocking down a wall, or building an extension. If you're hiring a contractor,

77 | P a g e

they would normally handle this planning permission for you, but if you do it yourself, which is not

recommended, you have to contact the building regulation.

Exterior Changes - If you're upgrading your roof or the walls, you most likely need planning permission

in order to proceed.

Noise, Dust, and Disturbances - Unless you are making primarily cosmetic changes like paint to your

home, you will likely create disturbances, which can be a large issue if you have neighbors. While it is

polite to contact your neighbors to alert them to the issue, to only work during reasonable hours and to

not create noise disturbances on Sundays, you may be required to request planning permission, file with

the local environmental building regulations, or contact the local Environmental Council in the UK to

proceed.

Adopting a best practice of calling your local building regulation before doing any work yourself, unless

you are simply painting or adding trim, is the surest way of doing things legally.

Most building regulation committees or branches will tell you what you need, how to do it safely, and

will direct you to the appropriate paperwork or forms.

Some items will require planning permission or a licensed installer or tradesman no matter what:

Installing a new roof

78 | P a g e

Removing and replacing your stairs

Tearing down interior walls

Building an addition

Installing solar panels (not typically regulated in the United States)

5.2 Building Regulations

You can almost always make non-structural changes without any planning permission, and without

having to so much as look at building regulations. However, if you're planning on moving a wall, want

an open floor plan, or intend to build a new room, or add something like solar panels, you may very

well have to look at building regulations for your area. Importantly, building regulation approval is

often required even when you do not require planning permission or a permit, so it is almost always

important to notify your local Building Control body or local authority.

5.2.1 UK - In the UK, you can simply call your local city council and ask for the necessary

information. Because almost all work, even that which you do yourself, inside of your home, falls

under some type of regulation, it is important that you at least notify building regulation, unless it is

just paint. Examples of work that requires building regulation approval or compliance include:

79 | P a g e

Replacing windows

New bathroom installations

Changing insulation

Extensions to the central heating system

Electrical work in baths and showers

The best practice is to go through your local Building Control Body or local authority with any type of

work, ask about any legal responsibilities you have, and move forward from there. If you are hiring a

contractor, ask them what building regulations your work will be held under, and make decisions

accordingly.

5.2.2 United States - The United States makes finding and following building regulations much more

difficult, because there is no national code for residential homes to follow. Instead, you have to follow

state and sometimes city or county building regulation and building codes. Because the only way to get

these is through local websites or your local town hall or county courthouse, the best practice is to

simply go right to the source by calling your local building regulation or city hall, discuss your upcoming

project, and ask for the necessary paperwork and forms.

You can usually find local copies of building regulations in libraries, but the actual code is usually very

technical, difficult to understand in terms of how it affects real world work, and can be quite lengthy.

Most building regulations in the U.S. are based on one of three main codes, but each community is

allowed to adopt its own unique regulations and codes that they deem appropriate.

Building Officials and Code Administrators International (BOCAI) National Building Code

Southern Building Code Congress International (SBCCI) Standard Building Code

International Conference of Building Officials (ICBO) Uniform Building Code

80 | P a g e

81 | P a g e

5.2.3 Contractors

If you have hired contractors to complete work for you, it is their responsibility to contact building

regulation, to handle paperwork, and to handle planning permission. If they are not willing to do this, do

not hire them, because if you get the permissions with your name, you are legally responsible for any

mistakes they make.

Because contractors are licensed, have the necessary knowledge to contact and get paperwork quickly,

and can easily source subcontractors with the necessary qualifications for building permission, hiring a

contractor is essential to getting building permission for many types of work.

You can usually consider that if the work might possibly affect the safety of your home or the buildings

around it, if the work involves utilities such as gas, electric, or water, or if the work involves the

structure of the building, you should contact your building regulation for advice.

In the UK, you are required to hire someone who has registered with the Competent Persons Scheme in

order to legally fulfill building regulation requirements.

5.2.4 Rewiring Your Home

Rewiring should almost always be completed by a licensed and certified contractor. Most areas require

that you have a certificate for electrical work, and a permit to complete it, and you typically need a

licensed electrician in order to get these approvals. In addition, electrical work is not safe for most

people to do, as it requires a certain level of knowledge and competency in order to do safely. While you

can turn the power off and do whatever you want with the wiring, you have to know that it is done so

that it will not cause shorts, sparks, or issues when you turn the power back on.

For this reason, most areas have legal requirements regarding doing your own work on homes. For

example, if you want to do electrical work in your own home, the procedure will vary depending on your

country, and the state:

UK - You must register all but very small jobs with building regulation and prove Part P compliance, in

accordance with BS7671 wiring regulations. You must prove that you are a competent person, and that

you have carried out all work correctly. A licensed electrician will be able to apply for and prove

compliance and competency.

82 | P a g e

U.S. - Regulations vary greatly by state, but as a homeowner, you are legally allowed to do the work

that you want on your own home, including electrical. However, you will have to call your local

building regulation and request a permit. If the state grants a permit, they take responsibility for your

work, and follow up with an inspection. For this reason, some states only grant permits to licensed

electricians, meaning that they take no responsibility for faulty work, and you will have to hire an

electrician to inspect the work for you.

NZ - If you live somewhere like New Zealand, then you could face high penalties and prosecution for

doing electrical work yourself, in accordance with the Electrical Safety Regulations (2010)

Regulation 64. Section 163 of the 1992 Electricity act states that you could be fined as much as

$10,000 for performing faulty work and leaving the power on, or not contacting an electrician to fix it

immediately. Because you are only allowed to perform small electric jobs yourself, it is almost

always best to hire an electrician.

Electrical work is something that should almost always be left to a qualified electrician, so it's not

advisable to do it yourself, unless you have training with electricity or wiring. Even seemingly small

jobs like wiring in a new light fixture can prove to be dangerous if you don't follow code regulations.

Fires, damaged appliances, and shorts in the entire home can result from something as simple as

improperly wiring in a light fixture. Furthermore, most countries require that you have a certificate of

electrical work in your own home. If you can't provide it, your insurance will be invalidated, and you

may have difficulty selling the home.

83 | P a g e

5.2.5 Replacing Your Plumbing

Plumbing, like electrical, is governed by a series of strict laws that vary a great deal depending on your

location. While it is simple and efficient to do minor plumbing repairs yourself, it isn't always practical,

especially if you have no idea what you are doing. Plumbing can be dangerous, and most plumbing uses

PVC pipe, which can shatter and break. For this reason, it is not unheard of for homeowners to

accidentally turn a 20-minute fix into a major plumbing emergency by accidentally breaking a seal or

pipe when trying to fix a small issue.

If you have no idea how your plumbing works, your best option is to call a locally licensed plumber. You

can watch them as they work to pick up the general idea of work, or take a course before attempting to

do it on your own. It is illegal to do anything but modifications and repairs using comparable parts in

many areas simply because changes to plumbing can have disastrous effects. While the simplest possible

problems are that you would mess up your own plumbing and have leaks or waste issues, causing you to

get sick, or causing damage to your home, you can cause considerably worse issues. For example,

draining a septic tank to the wrong area, a leaking septic line, or similar, can cause major water

poisoning in the area around your house.

You may do small repairs, fit appliances or fixtures to existing pipes and outlets, and replace visible

pipes with similar pipes without a license or planning permission.

Replacing all of the pipes in your home may be necessary, especially if your home is more than 30

years old, but does usually require planning permission, and a licensed plumber.

84 | P a g e

Because you may have to plan in demolition in order to get to old pipes, it is important that you hire a

qualified plumber, apply for building permission, and make arrangements for noise and disturbances

with the neighbors when replacing your entire plumbing system.

5.3 Planning Permission

Planning permission is the process of getting permission from a local building regulation, body, or local

authority. This means finding and filling out the appropriate paperwork, paying any related fees,

submitting paperwork, waiting for an inspection or approval, getting approval, and then doing the work,

before requesting a final approval or inspection, after which you should receive a certificate for the

home records.

In most areas, you need these certificates of completed work when selling a home, or you may be fined.

The best practice is to find out if you need planning permission well in advance of doing any work,

because processing paperwork can often take some time. If you're hiring a licensed and approved

contractor, they should handle the planning permission for you.

Examples of work that requires planning permission includes:

Installing a new roof

Removing and replacing your stairs

Tearing down interior walls

Building an addition

Installing solar panels

85 | P a g e

In some cases, items like replacing your windows or doors, upgrading your heating system, improving

your air ducts, venting your home, or similar all require planning permission or at least building

regulation notification.

You may need an architect or building designer to sign off on structural changes before they happen in

order to receive planning permission or a permit. In many places, you may also need a license or

certification in order to receive a permit for some types of work (such as wiring, plumbing, or heating).

In the UK, if your contractor is not a certified competent person (Competent Persons Scheme) you will

have to apply for planning permission yourself, and may still be denied. If they are a member, they will

handle the planning permission for you.

In the U.S., the local government can decide whether or not to issue your permit on a case by case basis,

depending on certification, competency, and the nature of the work.

86 | P a g e

PlanningPortal.gov.uk - Here you can find all of the necessary approved paperwork, building policy

and legislation, building regulations for eco-friendly construction, best practice guides, and a guide to

getting approval in the UK. You must report the work before you get started, and you should receive a

certificate within 30 days of completing the work.

In the U.S., contact your local City Hall, or check for the building regulation website in your area.

5.4 Legal Requirements

The legal requirements for home refurbishment apply to any repairs or upgrades, but vary depending

on the type of work and who is doing it.

Reasonable Work Times - Usually defined as 9 AM to 7:30 P.M. on weekdays, 8 AM to 5 PM on

Saturdays, and either not at all on Sundays, or 10 AM to 2 PM. If you make noise with power tools,

hammering, or other work outside of those times, your neighbors are within their rights to file a

complaint.

Dust and Smoke - You must make all reasonable precautions to keep dust and smoke to a minimum and

more importantly, to confine it to your property. If you do not, your neighbors may file a complaint, and

your local government may send you a notice of abatement, meaning that you have to stop. If there is no

help for it, reach an arrangement with your neighbors in advance, and if necessary, pay for alternative

living arrangements for them for the period.

Environmental Protection - Dispose of any hazardous or potentially poisonous materials safely, in

accordance with your local waste disposal guidelines, or you could be heavily fined. This includes proper

sewage and wastewater disposal

Licensed Contractor - In many areas you may be fined for not having a licensed contractor or

tradesman doing work.

87 | P a g e

Failure to Get Permits - Failure to get necessary permits, approvals, or regulation approval could mean

a high fine in most areas.

Insurance - Failure to provide insurance for, or ensure that contractors have insurance for, means that

you are liable for any accidents or injuries on your property

Notification - Notify neighbors, tenants, or anyone living near your property before commencing with

major refurbishment.

Contracts - You are legally required to have a contract with anyone you hire to do work on your

property.

Environment - Most areas have regulations requiring that renovations and upgrades conform to certain

energy saving standards.

Legal requirements do vary by location, so consider asking about them when you call your building

regulation body.

If you live in an old home, you will also have to check additional items. For example, if your home is

subjected to any heritage site regulations, subject to estate covenants, or body corporate

requirements. I.E., if you inherited the home from your great aunt, the property may have come with

stipulations that it not be modified.

88 | P a g e

5.5 Contracts and Agreements with Contractors

Contracts and agreements with contractors are important because they are legally binding, proof of

what you are paying the contractor to do, and proof of the contractor's responsibilities. A good

contract will outline everything you are paying the contractor for, from building materials and

services, to time period of work, and make necessary clauses in case the work runs over schedule,

over budget, and how far the work can run over the initial quote. It should also stipulate the terms of

agreement, terms of workmanship warranties, and of material and quality warranties or guarantees.

This will protect you in case the contractor makes a mistake, performs faulty work, runs weeks

behind schedule, or otherwise causes you inconvenience or delay. It will also allow you to protect

yourself in case the contractor tries to overcharge you, doesn't do the work, or does the work

improperly. The following items should be listed in your contract:

Your name

The name of the contractor

The address at which work is to be done

The exact nature, scope, and style of the work

A list of materials to be provided by the contractor

The intended time of the work to be completed

Any permits the contractor must get (if the contractor asks you to get them, avoid the contractor, if your

name is on permits or regulation approval, you will be fined if they perform the work incorrectly)

Stipulate payment with credit card

Stipulate what payments are for

Stipulate how and when payment is made

Create options for small changes in the contract, such as changing materials, or additional work

Create a maximum price that the builder can charge over the initial quote

Stipulate that any changes must be made in writing

89 | P a g e

Create a clause that specifically states the contractor is liable for any injuries, property damage, or stains

Stipulate that the contractor is responsible for a full cleanup of the premises after completing work

Stipulate that the person working on your property must have the qualifications listed by the contractor

Your contract is there to protect you, so make sure it does. The contractor will want to protect

themselves with it as well, so there will be clauses protecting them in case you decide not to pay for

no reason, or cause issues that create a delay. In most areas, it is illegal to go into a job without a

written contract. While oral contracts are sometimes used, they are difficult to prove, and hold little

value in court.