Building Regulations

Building Regulations

Building Regulations approval is not required if the cellar is to be installed in most single detached  garages* or outbuildings. Approval is required when installing into a habitable space such as in the home or an attached garage. The consultant engineer will create the project specific calculations and prepare all information for the Building Regulations Approval application. Either we can then submit the application on behalf of the client, or where the cellar is part of a larger project, the package of information can be sent to the Project Team responsible for submitting the master application, and will save on LA application fees.

The Spiral Cellar is not considered to be a habitable space by Building Control officers, therefore certain elements of the cellar do not need to comply with the regulations such as having a handrail, the going and rise of the staircase treads. As we have installed over 3,000 cellars in the UK, most experienced Building Control officers are familiar with our product, and therefore these elements are not questioned.

Planning Permission

Planning permission is not normally required, but may be requested by the Local Authority if a property has already undergone extensive extensions or additions or is a Listed Building. In our experience not one cellar has been refused planning permission on the occasion that it was requested. The Spiral Cellar can be part of an existing application or we can manage this process. A structural calculation package will be prepared once the order is placed and deposit received.

Listed Buildings

If the property is a listed building a listed buildings application will need to be made to the Local Authority for approval; it can take up to 10 weeks from the application being accepted until approval is received.

Please Note: As of the 1st October HMRC have changed the rules on the VAT status for listed buildings.

If a listed buildings application (which included the cellar at the time) was submitted prior to 21st March 2012 to the local authority, VAT will be zero rated assuming installation is completed and the bill paid by March 2015.

If a listed building application was made after the date of 21st March 2012 and the installation is after 30th September 2012 the VAT is applicable.

The Spiral Cellar is not considered to be a habitable space by Building Control officers. Therefore certain elements of the cellar do not need to comply with the regulations such as having a handrail, the going and rise of the staircase treads. As we have installed over 3000 cellars in the UK, most experienced Building Control officers are familiar with our product, and therefore these features are not questioned.

Party Wall agreements

Party Wall agreements are applicable to a Spiral Cellar installation if the excavation is planned to be within 3 metres of a neighbouring owner’s building or structure, and where that work will go deeper than the neighbour’s foundations.

You must inform the Adjoining Owner or owners by serving a notice. The notice must state whether you propose to strengthen or safeguard the foundations of the building or structure belonging to the Adjoining Owner. Plans and sections showing the location and depth of the proposed excavation (our structural calculations package) or foundation and the location of any proposed building must also accompany the notice. The Act contains no enforcement procedures for failure to serve a notice. However, if you start work without having first given notice in the proper way, Adjoining Owners may seek to stop your work through a court injunction or seek other legal redress. The notice must be given 1 month before work starts. The neighbour may insist on a Party Wall Award to be completed by a Party Wall Surveyor. The person carrying out the work is responsible for the cost of the award.

*Garages over 35m2 or with living accommodation over, do require Building Regulations Approval.