17 - Legal and Regulatory Flashcards
Q. what are different types of planning applications?
TBC
Q. What are different types building control applications?
TBC
Q. what is the CAR 2015?
TBC
Q. Who are the duty holders under the Control of Asbestos Regulations?
A. the duty to manage asbestos is contained in Regulation 4 of the CAR12. The duty to manage asbestos is directed at those who manage non-domestic premises, the people with responsibility for protecting others who work in such premises, or use them in other ways, from the risks to ill health that exposure to asbestos causes.
Q. What pieces of legislation are relevant to dilapidations?
A. Landlord and Tenant Act 1927. Updated in 1985.
Q. Give me some examples of how the housing grants legislation affects the work you undertake.
A. the Housing Grants, Construction and Regeneration Act 1996 (HGCRA – also known as the Construction Act) is intended to ensure that payments are made promptly throughout supply chains and that disputes are resolved swiftly.
Provisions of the act include:
- Right to be interim, periodic and staged payments.
- Right to be informed of the amount due, or any amounts to be withheld.
- Right to suspend performance for non-payment.
- Right to adjudication.
Q. Give me some examples of the type of work which would require listed building consent (use your own examples to answer this question).
A. for Elizabethan Gallery I held early engagement sessions with the conservation officer, where the building is a Grade 2 listed building and the proposed works included works that would impact on the visual appearance of the building. For eg the proposed installation of a ramp to the front entrance.
Also if the building is situated in a registered park and garden any works to the building will require further consent from the conservation officer.
Q. Give me some examples of the type of work which would not require listed building consent (again, use your own examples to answer this question).
A. for the refurbishment works at Waterton House, it didn’t require listed building consent because the building doesn’t have a listing nor is it in a conservation area.
Q. Are you aware of any environmental legislation relevant to the work you undertake?
A. The Climate Change Act commits the UK government by law to reducing greenhouse gas emissions by at least 100% of 1990 levels (net zero) by 2050. This includes reducing emissions from the devolved administrations (Scotland, Wales and Northern Ireland), which currently account for about 20% of the UK’s emissions.
Q. When do the CDM Regulations apply?
A. to all construction projects.
Q. Give me some examples of the key duty holders of the CDM regulations.
A. commercial clients Domestic clients Designer Principal designer Contractor Principal contractor Worker
Q. Under CDM, is a Principal Designer required on all projects?
A. the PD role is required under CDM 2015 where there is more than one contractor. This set of regulations apply to all construction work and are a legal requirement. Every construction project must comply with CDM and that includes appointing the necessary CDM duty holders.
Q. When is a project notifiable under CDM?
A. where the project is to last longer than 30 days with 20 workers working simultaneously or scheduled to last over 500 person days. Submit an F10.
Q. How do you make you clients aware of their responsibilities under the CDM regulations?
A. I do this during initial project meetings. As a company we can take on take on the responsibility from the domestic client.
Q. What piece of legislation is relevant to the use of buildings for those with disabilities?
A. The Equality Act 2010, approved document Part M
Q. Give me some examples of when the Party Wall Act applies. (You have not mentioned this but given the type of work you are undertaking (domestic extensions), I would expect you to have good understanding of the requirements to safeguard your client’s interests.
A. Section 1 – line of junction –
construction of a new wall adjacent to a boundary
construction of a new wall astride a boundary
Section 3 – party structure notice –
Any alterations that directly affect the party wall and include common jobs such as cutting holes to insert beams and pad stone, cutting in flashings and removing chimney breasts.
Section 6 – adjacent to excavation –
Excavating within 3m of your neighbours building and to a depth lower than the bottom of their foundations.
Excavating within 6m of your neighbours building, if any part of that excavation intersects with a plane drawn downwards at an angle of 45d from the bottom of their foundations, taken at a line level with the face of their external wall (this will normally mean that your neighbour is using piled foundations).
What is CAR 2012 ?
The control of asbestos regulation 2012
Can you expand on your knowledge of the , The Town and Country Planning Act 1990 ?
The Town and Country Planning Act 1947 formed the basis for much of the contemporary planning system. It was intended as a response to the post-Second World War need for large-scale rebuilding and planning of towns and cities, as well as to help reorganise industry.
Can you expand on your knowledge of , the Housing Grants, Construction and Regeneration Act 1996 ?
The Housing Grants, Construction and Regeneration Act 1996 (HGRA - also known as the Construction Act) is intended to ensure that payments are made promptly throughout the supply chain and that disputes are resolved swiftly.
Provisions of the act include:
The right to be paid in interim, periodic or stage payments.
The right to be informed of the amount due, or any amounts to be withheld.
The right to suspend performance for non-payment.
The right to adjudication.
Disallowing pay when paid clauses.
The Act applies to all contracts for ‘construction operations’ (including construction contracts and consultants’ appointments). If contracts fail to comply with the act, then the Scheme for Construction Contracts applies.
What is a design and access statement
Design and access statements are prepared as part of the documentation to support a planning application. They explain the design principles and concepts that have been applied to particular aspects of the proposed development. Design and access statements may include plans, elevations and other illustrations, photographs and for large or complex schemes a model of the proposed development.
Design and access statements should explain:
Amount (how much development is proposed). For residential development, this the number of proposed units and for all other development, the proposed floor space for each proposed use.
Layout:
What is a heritage statement ?
A Heritage Statement is an assessment of the significance of heritage assets and/or their settings affected by a development, and of the impacts of that development upon them. A Heritage Asset is a “building, monument, site, place, area or landscape identified as.
What are the types of planning applications ?
Outline.
Reserved matters.
Full planning (or detailed planning) permission.
What are the type of building regs applications ?
Full plan application. Under a full plan application, you will submit a set of final plans to building control.
Building notice application.
Regularisation application.
What did you do the with R&D survey for acorn house ?
As per the CAR 2012 in relation age of the property,
What is a lawful development certificate ?
What does lawful development certificate mean?
In summary, lawful development is development against which no enforcement action may be taken and where no enforcement notice is in force, or, for which planning permission is not required.
What is a article 4 direction ?
Article 4 Direction is a legal device available to all local authorities enabling them to exert tighter controls on changes to the outside of houses facing a road or open space that could damage the character and appearance of the conservation area.
What is permitted development ?
You can perform certain types of work without needing to apply for planning permission. These are called “permitted development rights”.
They derive from a general planning permission granted not by the local authority but by Government. Bear in mind that the permitted development rights which apply to many common projects for houses do not apply to flats, maisonettes or other buildings. Similarly, commercial properties have different permitted development rights to dwellings.
What is a licence to alter ?
As the Licence for Alterations is governed by law, this landlord’s consent is not to be unreasonably withheld from the tenant and should be provided in a written format. This is called a Licence To Alter (or Licence For Alterations) and it protects both the landlord and the tenant’s rights under the terms of the lease.
What would an example of a normal liabilities within a lease be ?
Decoration every 3 years and within the last 6 months of the term.
What are the type of dilapidations inspections ?
Interim - During the term before the last 3 years
Terminal - within the last 3 years
Can you give me some examples of planning conditions you have had detailed before. What are some common examples of planning conditions ? Why did you need planning permission ?
Max height of fence, details of window design
What is the party wall act ?
The Party Wall etc Act 1996 provides a framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings. A building owner proposing to start work covered by the Act must give adjoining owners notice of their intentions in the way set down in the Act.
What are the three most common parts of the party wall act ?
3m - Excavations within 3m of the adjoining owner
6m - Within 6m drawn at 45 degrees
Works to a party wall or party structure
New building astride the boundary
Can byou reference some of the approved couments >?
Part A - Structure
Part B - Fire Safety
Part C - Site preparation and resistance to contaminants and moisture
Part D - Toxic Substances
Part E - Resistance to the passage of sound
Part F - Ventilation
Part G - Sanitation, hot water safety and water efficiency
Part H - Drainage and Waste Disposal
Part J - Combustion appliances and fuel storage systems
Part K - Protection from falling, collision and impact
Part L - Conservation of fuel and power
Part M - Access to and use of buildings
Part N - Glazing Safety (Withdrawn)
Part P - Electrical Safety
Part Q - Security
Part R - Physical infrastructure for high speed electronic communications networks.
Regulation 7 - Materials and workmanship
What is approved document ?
The ‘approved documents’ provide guidance for how the building regulations can be satisfied in common building situations. They are given legal status by the Building Act 1984. There is no obligation to adopt the solutions presented in the approved documents.
What is defined as building work under building regulations ?
Some kinds of building projects are exempt from the regulations, however generally if you are planning to carry out ‘building work’ as defined in regulation 3 of the building regulations, then it must comply with the building regulations. This means that the regulations will probably apply if you want to:
Put up a new building
Extend or alter an existing one
Provide services and/or fittings in a building such as washing and sanitary facilities, hot water cylinders, foul water and rainwater drainage, replacement windows, and fuel burning appliances of any type.
Did you notify the neighbour at all of the works? And how did you manage disruption to them?
Was not required, did not evoke the act
What is Jarvis v Harris Case ?
What does Jervis V Harris Clause mean? A clause in a lease or tenancy agreement which allows the landlord to serve a notice on a tenant to carry out repairs. Where a tenant fails to do so, the landlord may enter, carry out the works itself and recover the costs from the tenant as a debt.
What is the dilapidations protocol ?
This protocol applies to commercial property situated in England and Wales. It relates to claims for damages for dilapidations against tenants at the termination of a tenancy. These are generally referred to as terminal dilapidations claims. There is a separate Pre-Action Protocol for Housing Disrepair cases.
1.2
This protocol sets out conduct that the court would normally expect prospective parties to follow prior to the commencement of proceedings. It establishes a reasonable process and timetable for the exchange of information relevant to a dispute, sets standards for the content and quality of schedules and Quantified Demands and, in particular, the conduct of pre-action negotiations.
When must you comply with Building Regulations ?
Always for any work
What is the Woolf reform ? (dilpas)
This protocol applies to commercial property situated in England and Wales. It relates to claims for damages for dilapidations against tenants at the termination of a tenancy. These are generally referred to as terminal dilapidations claims. There is a separate Pre-Action Protocol for Housing Disrepair cases.
1.2
This protocol sets out conduct that the court would normally expect prospective parties to follow prior to the commencement of proceedings. It establishes a reasonable process and timetable for the exchange of information relevant to a dispute, sets standards for the content and quality of schedules and Quantified Demands and, in particular, the conduct of pre-action negotiations.
