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HOME DECOR &

REFURBISHMENT

Module 06

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6. Module 06: Legal requirements.

Table of Contents

6. Module 06: Legal requirements. ........................................................................................................ 1

6.1 Paperwork and Legal .................................................................................................................................. 2

6.2 DIY Refurbishment ..................................................................................................................................... 2

6.3 Building Regulations ................................................................................................................................... 4

6.3.1 UK ...................................................................................................................................................... 4

6.3.2 United States ..................................................................................................................................... 5

6.3.3 Contractors ....................................................................................................................................... 6

6.3.4 Rewiring Your Home ......................................................................................................................... 6

6.3.5 Replacing Your Plumbing .................................................................................................................. 8

6.4 Planning Permission ................................................................................................................................... 9

6.5 Legal Requirements ................................................................................................................................. 11

6.6 Contracts and Agreements with Contractors .......................................................................................... 12

6.7 Health and Safety ..................................................................................................................................... 14

6.7.1 DIY Work Health and Safety Tips .................................................................................................... 14

6.7.2 Contractors ..................................................................................................................................... 17

6.8 Environmental .......................................................................................................................................... 18

6.9 Keeping Records ....................................................................................................................................... 19

6.9.1 Photos ............................................................................................................................................. 19

6.9.2 Paperwork ....................................................................................................................................... 19

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6.1 Paperwork and Legal

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.

• DIY Refurbishment

• Building Regulations

• Planning Permission

• Legal Requirements

• Contracts and Agreements with Contractors

• Health and Safety

• Environmental

• Keeping Records

6.2 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.

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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, 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

• Removing and replacing your stairs

• Tearing down interior walls

• Building an addition

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

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6.3 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.

6.3.1 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:

• Replacing windows

• New bathroom installations

• Changing insulation

• Extensions to the central heating system

• Electrical work in baths and showers

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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.

6.3.2 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

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6.3.3 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.

6.3.4 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.

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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.

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6.3.5 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.

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.

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6.4 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

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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.

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.

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6.5 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.

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

fine in most areas.

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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.

6.6 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

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• 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

• 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

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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.

6.7 Health and Safety

Health and safety applies to you, and to any workers, contractors, or friends and family in the home during

construction or renovations.

There are a variety of health, safety, and occupational issues that can arise during any level of home

improvement or renovation projects, with or without contractors. In the case of contractors, it is typically

their responsibility to provide liability and worker's insurance to ensure that if anything does happen, they

are covered. It is your responsibility to ensure that they have it, so that you aren't liable if an accident

happens on your property.

6.7.1 DIY Work Health and Safety Tips

If you are doing work yourself, it is your responsibility to handle your own health and safety, including the

safety of any pets, animals, property, friends, or family members. Taking necessary precautions, following

the safety instructions on individual

In the event of a gas leak, improper wiring, fire, downed electrical wires, or other hazard, it is important to

fix the problem, or vacate the premises and call a local emergency number.

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In the event of a contractor or personal injury, make immediate arrangements to go to the hospital, and

report the issue to a local board, such as the project manager, or a local work authority.

Identify potential hazards, such as asbestos, water lines, electric cords, lead based paint, asbestos containing

building materials, polychlorinated biphenyls, mercury, mold or fungi, refrigerants, caustics, corrosive

materials, metals, or petroleum products before you begin to work. Not doing so could result in an accident

or dangerous exposure to a toxic substance.

In the case of hazardous materials such as asbestos, report it to local authorities, hire trained contractors to

handle the situation, and dispose of it properly. Do not attempt to move or work with dangerous materials

on your own.

• Make arrangements to clean up tools and work equipment immediately after use, start a routine

of putting things away as you use them, and

• Follow all safety instructions when using power tools. Use safety glasses and gloves when

appropriate.

• Practice extra caution when working at height, on a ladder, or on roofs. Purchase or rent a safety

harness when working within 6 feet or 2 meters of a drop off.

• Dispose of waste materials, broken wood, insulation, and other materials properly. Most

communities have their own safe disposal site. Call them and find out the proper disposal

method for your materials.

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• Do not use a ladder, stool, or scaffold unless it is solid, does not wobble when moved, and is the

correct height for your project. Follow the safety instructions when using the ladder.

• Do not use saws or power tools without taking appropriate safety measures, and removing

distractions.

• Remove flammables and flammable liquids from the area when working with torches, soldering,

electricity, or power tools.

• Turn off all utilities before attempting any work on or near them.

• Create a best practice of placing power cords, ropes, and materials out of the way, where they

won't be tripped over.

• Place visible barriers around holes or weak spots in the floor or roof to prevent accidents

• Provide adequate ventilation when working with caustics, paint, polish, veneer, or cleaning

fluids

• Practice caution and ensure ventilation when entering into a confined space area.

• Remove flammable materials and take precautions when performing hot work with torches,

blow torches, or welding.

• Always check and read the safety instructions with any tools, equipment, or application you are

using.

• Keep your phone in your pocket when doing DIY work so that you can quickly call an emergency

number in case of an accident.

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Safety when renovating is extremely important, especially when working on a ladder or at height. Falls are

the most common work related injury, and can be fatal or debilitating. Take precautions and, if necessary,

call to ask your insurance company what they cover regarding falls or accidents while making repairs.

6.7.2 Contractors

Your contractors are responsible for all of the health and safety issues when they are working on your home,

and it should stipulate this in the contract. They are also responsible for following international safety

guidelines when working.

These include OSHA, EU-OSHA, and HSE, but regulating bodies vary depending on the type of work the

contractor is doing. If you see unsafe work practices, report it to the project manager or to the safety body.

You are responsible for helping your contractors with a site inspection to determine any existing hazards,

such as asbestos, and for alerting them to any existing dangers, such as a cellar, pipes they might not know

about, or so on.

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6.8 Environmental

Any work that you or a contractor performs on your home should be environmentally friendly, and should

be up to efficiency and green energy codes stipulated by your country, area, or community. Because

regulations vary a great deal from area to area, you should contact your local environmental agency for more

information. Environmental agencies are typically concerned with the following items:

• Excessive Noise

• Dust and Debris

• Toxic or Hazardous Materials

• Caustic Material

• Waste Disposal

• Spills

• Changes to natural resources

In addition, if you are making exterior changes, you might have to contact your environmental agency

regarding the changes. For example, cutting down a tree may require permission from an environmental

agency.

Most areas require that any modifications to your home be environmentally friendly, and meet certain

energy saving standards. This applies to electric work, new appliances, doors and windows, insulation, and

building additions.

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6.9 Keeping Records

Finally, it is important to keep records and evidence of everything when making upgrades, updates,

renovations, or repairs. Even if you are primarily doing the work yourself, you have to keep a record to prove

what you did, how you did it, and the paperwork showing that you did everything legally.

6.9.1 Photos

If you're hiring a contractor or are making valuable changes, taking before and after photos is important.

Photos prove what work was done, how it was done, what changes were made, and the materials used.

Consider taking materials throughout the process so that you can see progress, compare the quality of work

being completed, and have a record of items completed.

6.9.2 Paperwork

Keep all receipts, invoices, contracts, statements of purchase, and anything sent to you by your contractor.

You'll also want to keep planning applications, notifications to building regulation, City Hall paperwork, and

similar, so that you can prove you followed proper legal channels. This is especially important if you go to

sell the home. Records and receipts are valuable when you go to pay your taxes, when you are upgrading or

negotiating your insurance, when your property is assessed, and the tax you pay when you sell your property.

You can deduct the cost of any home improvements when you sell your property, because improvements

reduce the amount of gain you see when you sell, and therefore the tax.

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If you live in an apartment or flat, it is important that you get written permission from the landlord or owner,

and keep that permission.

Once you get a certificate of completion, you can throw out most of the records and just keep the certificate,

but it can be useful to keep everything, especially for insurance, warranty, or other concerns. If storage is an

issue, consider keeping everything, making digital scans, and storing it in an online storage account like

DropBox or Google Drive.

In this module you learned about legal requirements, paperwork, planning, and building regulations.

Because building regulations and paperwork can take up to several months to go through, it is important

that you start the process of applying well before you intend to do any actual work. It is also important to

keep in mind that any contractor you hire to do work for you should handle permits and applications, so that

any liability for work and work quality is on them and not you.

In the next module you will learn about interior design, inspiration, and how to create your dream home in

almost any space.