18 - Legal/Regulatory Compliance Flashcards
1
Q
What are the main sections of the Party Wall etc Act 1996 ?
A
Section 1 applies where it is proposed to erect a new wall at a boundary that is not already built on.
Section 2 concerns existing party structures, which include party walls, floors and partitions (that separate buildings or parts of buildings), party fence walls (essentially a boundary wall between lands in separate ownership which is built astride a boundary) and, in some instances, a neighbour’s independent property.
Section 6 can apply to excavations up to 6 m away from a building or structure on neighbouring land, subject to depth criteria which the Act sets out.
The three types of Notice are known, respectively as:
- Section 1: Line of Junction Notice
- Section 3 (for S2 works): Party Structure Notice
- Section 6: Notice of Adjacent Excavation
2
Q
What is supersession ?
A
Supersession is an undefined legal concept which effectively means that a landlord should not claim for the remedy of a tenant’s breach, because the landlord is proposing to do something else to the building which would supersede the need for the tenant to remedy their breach.
3
Q
What is Section 1 Notice / Line of Junction Notice ?
A
If you are planning to build a new wall either as a Party Wall or a Party fence wall (astride a boundary) subject to your neighbour’s consent, or up to the line of junction and wholly on your own land, a Section 1 Notice must be served.
If a proposed wall needs foundations to a lower depth than your neighbours foundations, a Section 6 notice could also be required.
One month notice must be given before the works commence.
4
Q
What is a Section 3 Notice / Party Structure Notice?
A
If you are planning to cut into a Party Wall to insert flashings or a damp proof course, cut away chimney breasts or projections, raise, rebuild repair, underpin, expose the Party Wall to the weather
or enclose upon a wall on or at the line of junction turning it into a Party Wall, in such cases a Section 3 Notice must be served.
Two months notice must be given for a section 3 Notice.
5
Q
What is a Section 6 Notice / Notice of Adjacent Excavation ?
A
If you are planning to excavate within 3m of neighbour’s foundations to a lower depth, or within 6m to a lower depth than a line struck at 45 degrees down from the underside of the neighbour’s foundations, then a section 6 notice must be served.
One month notice must be given before work commences and in addition, plans and sections of the proposed works must be provided with the notice.
6
Q
Under planning what are the use classes ?
A
The classes were updates in Sep 2020 to :
Class B2 - General Industrial
Class B8 - Storage and Distribution
Class C1 - Hotels Class C2 - Residential Institutions Class C2A - Secure Residential institution Class C3 - Dwellinghouse Class C4 Houses in multiple occupation
Class E - Commercial, Business and Service
Class F - Local Community and Learning
Sui Generis - (in a class of its own) anything not included in the other classes.
7
Q
What is a build over agreement ?
A
A Build Over Agreement is required where building work is to take place close to (within 3 metres of) or over the route of an existing public sewer or drain. Any work involving new foundations, underpinning, piling or basements requires approval of the Water Company prior to work commencing on site.
8
Q
When can you serve an interim dilapidation claim ?
A
To any lease longer than 7 years with more than 3 years remaining (other would be terminal)
9
Q
What is a section 146 notice ?
A
A notice to forfeit the lease as a result of the tenants failing to meet a specific clause.
10
Q
What is a section 18 notice ?
A
S18(1) of the Landlord and Tenant Act 1927 related to
- Diminution of value
- Supersession
11
Q
What are the timescales attached to planning permission ?
A
Normally within 8 weeks however this can be requested to be extended. Which can be appealed but is a lengthy process.
12
Q
What are the timescales attached to building control ?
A
Normally 5 weeks but can be extended to 8 weeks by agreement.
13
Q
What are the timescales attached with a building notice ?
A
Works can start when the application has been accepted. This normally takes 2 days.
14
Q
What does keep in good and substantial repair mean ?
A
That the building is to be kept in good condition during the course of the lease term. Clients can be protected via a SOC prior to the lease to protect against betterment.
15
Q
Can you give me some examples of permitted development rights ?
A
Permitted development rights are the right to carry out certain works without planning permission. These rights are contained within the The Town and Country Planning (General Permitted Development) (England) Order 2015.
Examples of works :
Single storey extension - max height 4m,3m if within 2m of a boundary, max depth 4m if detached house
Two storey extension - Max height to match house
16
Q
When do you need to comply with Building Regulations regarding upgrading works ?
A
Roof replacing more than 25% thermal upgrading required.
Thermal elements - More than 50% of the thermal elements (surf area) being replaced it should complies with L1A.
17
Q
Dilapidations, what are to be included within a Section 18 (1) claim ?
A
This claim for a diminution in value must only include the breached of repair and NOT include any decoration or reinstatement works. These other claims/works/values should be considered outside of the cap(diminution in value)
There is case law (Latimer v Carney 2006) which suggests that there can also be a statutory cap on decorations. See Watts Pocket handbook for more info
18
Q
What types of properties is building regulations not applicable?
A
However, the Part L requirements do not apply to buildings which fall into the following categories:
• Certain buildings which are listed, in conservation areas or are included in the schedule of monuments - where compliance with the energy efficiency requirements would unacceptably alter their character or appearance.
• Buildings which are used primarily or solely as places of worship
• Temporary buildings with a planned time of use of 2 years or less, with low energy demand
• Industrial sites, workshops and non-residential agricultural buildings with low energy demand
• Stand-alone buildings other than dwellings with a total useful floor area of less than 50m²
19
Q
What is the time frame to make an appeal when a planning application is rejected?
A
3 months
20
Q
Can you name some BS doc ?
A
- 459 – Building Lime
- 998 – Mortar
- 8000-12 - Decoration
21
Q
Are you aware of any new approved documents that will be implemented soon ?
A
Part O - Overheating
Part S - Electrical Car Charging
22
Q
Can you give me an example of when you have been required to submit a planning application ? why was the application required ? What application was it ? What was part of the application.
A
Candidate specific.
23
Q
What is a lawful development certificate ?
A
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.
24
Q
What are the main types of Building Regulations applications ?
A
- Full plans
- Building notice
- Regularisation
25
What is the advantages and advantages of a full plans application ?
Advantages of full plans:
• You know that as long as you carry-out the work in line with the approved plans it will meet the regulations
• Everyone involved knows in advance exactly what is required. There should be few nasty (or expensive!) surprises
• You can provide an approval notice to financial institutions, solicitors, and so on, when you are applying for loans or moving home
• As long as the work is carried out in line with the approved plans, and all the relevant inspections find the work is of a satisfactory standard, you get a completion certificate
Disadvantages of full plans:
• It is expensive to prepare detailed plans which include all the information necessary to carry out the work from the depth of the foundations to the height of the chimney
• You have to programme the work to allow enough time to prepare plans and for us to process them
• Once the plans have been submitted, it takes between 3-8 weeks for us to carry out the required checks and notify you, or your agent, as to whether, or not, they are satisfactory
• You may have an agent's fee to pay
26
What is the advantages and advantages of a Building Notice ?
Advantages of a Building Notice:
You only have to submit an application form and the required charge
You save time and money by not having to prepare and submit detailed plans
You only have to prepare a site plan
Once the notice has been submitted, you only have to wait 48 hours before starting the work, so there are no long time delays involved in this type of application
Disadvantages of a Building Notice:
You do not have an approved plan to work to. Although you may try to prepare for possible problems, if the work does not meet regulations, there may be a delay while the work is corrected
You may not know that the work is incorrect until it is inspected
Building estimates may not be accurate because full information about the design is not available
All charges (plan and inspection) are paid at the time of deposit
No approval notice
Plans and calculations are often required to support your application
All work must comply with the Building Regulations, without plans a detailed knowledge of the requirements is essential
For smaller work, and with the benefit of an experienced builder, Building Notice applications are often the obvious choice and the majority of work involved is carried out without problems. The Building Notice procedure deals with straightforward work, which should be carried out by people who understand the regulations
27
What is a regularisation application ?
This is a special type of application, and is used only where works have been carried out without consent. Where work has been carried out over 12 months ago, it is unlikely that local authorities will take enforcement action. In these cases, although you may not face prosecution, but will find it extremely difficult to sell the property, as the purchasers' solicitor will almost certainly wish to see proof of Building Regulation Approval. Regularisation is only applicable to work carried out since 1984.
Disadvantages of regularisation applications:
• Charges are 50% higher those for applications made at the right time
• You will almost certainly have to "open up" works, which is expensive, causes damage to decoration and, at the very least, is highly inconvenient
• We will not accept Regularisation applications for electrical work
• Even where the work is found to comply with the Building Regulations, it takes around a week to obtain a Regularisation Certificate. Where problems are found, it can take considerably longer
• It is always more expensive to fix problems after the event than to avoid them in the first place
28
What are the types of planning applications ?
* Householder planning consent
* Full planning consent
* Outline planning consent
* Reserved Matters
* Listed building consent
* Advertisement consent
* Lawful Development Certificate (LDC)
* Prior approvals (except the type listed below)
* Removal/variation of conditions
* Approval (Discharge) of conditions
* Consent under Tree Preservation Orders
* Notification of proposed works to trees in conservation areas
* Non-material amendment of an existing planning permission
29
What is the main act in relation to planning ?
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.
30
What is the purpose of The Town and Country Planning Act 1990?
Takes account of the policies at national and regional level insofar as they affect the physical and environmental planning of its area; and. Provides the framework for local plans.
31
What legislation is linked to planning ?
* The Town and Country Planning Act 1990 is an act of the United Kingdom Parliament regulating the development of land in England and Wales. It is a central part of English land law in that it concerns town and country planning in the United Kingdom.
* The Planning (Listed Buildings and Conservation Areas) Act 1990 is an Act of Parliament of the United Kingdom that altered the laws on granting of planning permission for building works, notably including those of the listed building system in England and Wales
32
What laws and regulation do you consider regarding dilapidations ?
* Landlord and Tenant Act 1927
* Dilapidations Protocol
* Jarvis v Harris
33
What is the case law of Jarvis v Harris ?
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.
34
What are the types of party walls ?
"Type A
A wall that stands astride the boundary of land belonging to two (or more) different owners. Examples include walls separating terraced or semi-detached houses or walls that form the boundary between two gardens, known as a “party fence wall” (see more detailed description below).
Type B
A wall that stands wholly on one owner’s land, but is used by two (or more) owners to separate their buildings. Examples include where one neighbour has a structure that leans against a wall that is owned by the other neighbour. Only the part of the wall that is enclosed by the lean-to is a Party Wall.
Party Wall fence
A party fence wall is described as a wall that separates 2 owners’ land (Not part of a building). It does not form part of a building but instead extends from it. If the ‘wall’ sits on one side of the boundary then this would not be considered a ‘Party Fence Wall’ under the Party Wall etc Act 1996 and is often referred to as a boundary wall or garden wall.
Party wall structure
A Party Structure shares similar characteristics as a party wall. In addition to what is notifiable to a party wall or party fence wall, the term party structure is often used to describe the physical division between 2 properties or land."
35
What is the RICS Dilapidations document ?
The RICS Guidance note 7th Edition Sep 2016, provides practical guidance to dealing with dilapidations within England and Wales. Subjects include taking instruction, documentation, inspection , schedules, diminution valuations.
36
What is Section 18 of the Landlord and Tenant Act 1927 ?
* I) A diminution valuation is required, and damages are usually capped by reference to the diminution in the value of the landlord’s reversion. Two valuations are prepared by a specialist valuation surveyor, one of the property in its current state and another if the tenant kept up with all of their obligations. The difference between the two valuations places a cap on the repair obligations only, not reinstatement and decoration.
* II) No costs can be recovered by the landlord if at or shortly after termination of the lease, the building will be structurally altered in a way that would render the repairs valueless or the building is to be pulled down
37
What is Jarvis v Harris ?
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.
38
What is Planning ?
Planning seeks to guide the way our towns, cities and countryside develop. Includes the use of land and buildings and the appearance of buildings etc.
39
What can happen if you have made changes to your property that require planning permission ?
* The LA can request a retrospective planning application for those works
* If the retrospective planning application is refused. The LA can issue an enforcement notice which require you to put things back as they were.
40
What is an enforcement notice ?
Enforcement Notices are legal documents that require certain action be taken to remedy a breach of planning control. They are issued where development has taken place without the correct planning permission or outside the conditions of a planning permission.
41
What are the timescales attached to buildings that have not applied for planning permission ?
Can apply for a certificate of lawfulness for most buildings after 4 years, or for all other developments 10 years.
42
Can you give me some typical conditions attached to a planning application ?
* The development hereby permitted shall be begun before the expiration of three years from the date of this permission
* The development hereby permitted shall not be carried out other than in complete accordance with the approved plans
43
What is the definition of unauthorized work ?
Construction work carried out to a listed building without planning permission.
44
What is an article 4 direction ?
Removal of permitted development rights within a specific area to be defined. This could for example be within a conservation area. This then prompts the requirement to submit the relevant application. The reasons for the directions are normally to prevent development that would harm the character of the area. For this reason, the form of development normally allowed through the Town and Country Planning (General Permitted Development) Order 2015 has been restricted.
45
What is permitted development ?
Allowing specified works without needing to apply for planning permission, these are specific to the type of property. For example the rights of a residential house will differ to a commercial property.
46
What legislation does it fall under ?
The Town and Country Planning (General Permitted Development ) Order 2015
47
Do it apply to everywhere (The Town and Country Planning (General Permitted Development ) Order 2015) ?
No, areas can be removed under an ' Article 4 Direction''
48
What is an article 4 direction ?
When the pre determined rights are removed for a specific reason, this could include if the building is within a conservation area, a national park, area of outstanding natural beauty, a world heritage site etc.
49
Can you give me some examples of works that fall within and outside of permitted development ?
* Small extension
* Loft conversion
* Garage conversion
* Porch
* Roof lights not facing highway etc.
50
What is the aim of permitted development ?
Permitted development rights are a national grant of planning permission which allow certain building works and changes of use to be carried out without having to make a planning application. Permitted development rights are subject to conditions and limitations to control impacts and to protect local amenity.
51
What is a lawful development certificate ?
Proof that the project/works do fall under permitted development and does not require planning permission. This can be useful for when the property is sold as proof the works were lawfully completed.
52
What are the advantages of permitted development ?
Faster timescales, if your works fall within the parameters you are not at the mercy of the planning department and or committee
53
What is the Town and Country Planning Act 1990 ?
Act of parliament which regulations the development of land in England and Wales.
54
What enforcement notices can be served ?
It is a legal document issued where there is a breach of planning control. A breach is something that has been done without proper planning permission or failure to comply with conditions or permitted development.
55
What is S106 notice ?
S106 of the Town and Country planning act provides that the local authority can enter into an agreement with a developer to restrict the development of land. It allows the LA to ensure that certain criteria will be met in order to approve a development.
56
What is permitted development ?
Town and Country Planning (general permitted development) order sets out what types of developments would be known as permitted development which will place restrictions on the size of the development and stipulate certain classes to be able to change without requiring planning permission. Does not apply to conservation areas, national parks etc.
57
Tell me about the recent changes to permitted development.
The class listings changed and changes were made to allow certain houses to be developed without the need for permission subject to meeting a certain criteria. It allowed for certain commercial unit classes to change without needing planning in an attempt to keep the high street alive.
58
Give some examples of work where planning permission is required ?
* New build construction on a vacant site
* New build extension that is not permitted development
* Change of use that is not permitted change of use
* Work to a building in a conservation area
59
What is the timeframe for planning consent?
Generally 8 weeks but there is a validation period first and has been extended in recent times.
60
What recourse if it would have been rejected (planning) ?
If there were grounds for appeal, a statement with the reasons of appeal with evidence can be submitted to the courts or secretary of state within 6 months of decision.
61
What is NPPF?
National Planning Policy Framework - Sets out government planning policies for England and how they should be applied. Published on 27th March 2012. Implemented to make the planning system less complex and more accessible and protect the environment. NPPF updated in 2018 with minor amendments in 2019.
62
Types of planning application ?
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• Householder planning consent
This form should be used for proposals to alter or enlarge a single house, including works within the boundary/garden of a house. It should be used for projects such as:
– Extensions
– Conservatories
– Loft conversions
– Dormer windows
– Garages, car ports and outbuildings
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• Full planning consent;
You should use this application form to make a detailed planning application for development, excluding householder developments. For the purposes of this form, development includes building, engineering or other works, in, on, over or under land, or the making of any material change in the use of any buildings or other land. As such it should be used for:
– Any works relating to a flat
– Applications to change the number of dwellings (flat conversions, building a separate house in the garden)
– Changes of use to part or all of the property to non-residential (including business) uses
– Anything outside the garden of the property (including stables if in a separate paddock)
• Outline planning consent
Applications for outline planning permission seek to establish whether the scale and nature of a proposed development would be acceptable to the local planning authority, before a fully detailed proposal is put forward.
This type of planning application allows fewer details about the proposal to be submitted. Once outline permission has been granted, you will need to ask for approval of the details (“reserved matters”) before work can start.
• Reserved Matters
Where outline permission has been granted, you may, within three years of the outline approval, make an application for the outstanding reserved matters, i.e. the information excluded from the initial outline planning application. This will typically include information about the layout, access, scale and appearance of the development.
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• Advertisement consent
This form should be used for proposals to display an advertisement or sign which requires planning permission. The term advertisement covers a very wide range of advertisements and signs including:
– Posters and notices
– Placards and boards
– Fascia signs and projecting signs
– Pole signs and canopy signs
– Models and devices
– Advance signs and directional signs
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63
What is a design and access statement ?
A design and access (DAS) statement is a short report accompanying and supporting a planning application. They provide a framework for applicants to explain how a proposed development is a suitable response to the site and its setting and demonstrate that it can be adequately accessed by prospective users.
64
What are the timesclaes attached to planning application ?
* Once a planning application has been validated, the local planning authority should make a decision on the proposal as quickly as possible, and in any event within the statutory time limit unless a longer period is agreed in writing with the applicant.
* The statutory time limits are usually 13 weeks for applications for major development.
* 8 weeks for all other types of development (unless an application is subject to an Environmental Impact Assessment, in which case a 16 week limit applies).
65
What are the key points within the Landlord and Tenant Act 1985 ?
Landlord has to notify leaseholders of works that may affect them.
* 1 - Notice of intention
* 2- Notice of proposal
* 3- Award of contract notice.
* Section 18 covers dilapidations
66
What scales you typically see on plans?
OS Map = 1:1250,
| Block plan = 1:500
67
What type of building applications are there?
* Full plans- This is the most detailed option. Decisions are usually made within five weeks. If your building work meets standards, you will receive a completion certificate within eight weeks of completion of the building work.
* Building notice - A building notice is used for smaller projects. You can begin your alterations two days after your notice has been submitted to your building control body. Unlike full plans, you do not receive formal approval.
* Regularisation - This is retrospective approval and is used for work that has already been carried out but without consent. You can only apply to your local authority building control for regularisation.
68
Which type of inspector did you use ?
Local authority building control officer or approved inspector.
69
What are the consequence of falling to comply with building regulations ?
This can result in formal enforcement action under section 35 and 26 of the building act 1984. Section 35 - breach of building evaluations, section 36 - removal or alteration without prejudice by notice
70
What are the Building Regulations ?
The Building Regulations set standards for the design and construction of buildings to ensure the safety and health of people in or about those buildings
71
What is Approved Document L1A and L1B
* Approved Document L1A is for the conservation of fuel and power in NEW dwellings.
* Approved Document L1B is for the conservation of fuel and power in EXISTING dwellings.
72
When were building regulation first introduced ?
The first set of national building standards were introduced in the Building Regulations 1965. These were a set of prescriptive standards that had to be followed. The Building Act 1984 brought fundamental changes to the building regulations regime.
73
For what purposes can a Building Notice be used instead of a full Building Regulations submission?
A Building Notice is more appropriate for minor residential alterations and/or extensions when the building is competent and confident in the compliance of the works.
74
What are the advantages/disadvantages of using a Building Notice compared to a full Building Regulation submission?
No requirement for full plans Can start construction within 48 hours of notice obviously never receive the protection and reassurance that an approved notice would give you Building Regulations on your own shoulders. Builder must be familiar with all the relevant regulations
75
What are the key risks to the building owner/client of using a Building Notice?
A building notice application leaves the client at risk that completed works might not be approved, resulting in remedial costs.
76
Explain the Building Regulations 2010 and why we need them?
The Building Regulations are intended to protect people's safety, health and welfare in and around buildings. The regulations are also designed to improve conservation of fuel and power, protect and enhance the environment and promote sustainable development.
77
When is a building regulation application not needed ?
* Maintenance work
* Minor repairs
* Replacing less than 25 per cent of an item, like-for-like
* Additional power or lighting points and switches (except around baths and showers)
* Alterations to existing circuits (except around baths and showers)
* Like-for-like replacements of baths, toilets, basins or sinks
* Boundary or garden walls, fences and gates
* In some cases, works that are being carried out by competent registered persons (check details for this with your local LABC team)
78
What buildings do not require building regs approval ?
* Greenhouses (providing they are not used for retail, packing or exhibiting)
* Some agricultural buildings (check with your local LABC team)
* Temporary buildings (erected for less than 28 days)
* Some ancillary buildings such as estate sales buildings and building site offices without sleeping accommodation
* Some small detached buildings (check with your local LABC team)
* Buildings that are not frequented by people (check with your local LABC team)
* Detached single storey buildings, including garages, that are less than 30m2 floor area and at least one meter from any boundary unless constructed of non-combustible materials.
* Detached single storey buildings that are less than 15m2 floor area
* An extension to a building at ground level consisting of a porch of less than 30m2 floor area and separated from the house by an external type door
* A carport open on at least two sides
* A covered yard or covered way less than 30m2
* A conservatory or porch that is less than 30m2, with a significant proportion of the roof and walls glazed (no % given), it must be at ground level, it must comply with relevant sections of Part K (glazing), be thermally separated from the dwelling by external quality windows and/or doors and the buildings heating system must not be extended into the conservatory or porch.
* Crown property
* Buildings subject to the Explosives Act
* Buildings other than houses or offices erected on a site licensed under the Nuclear Installations Act
* Buildings included in the Schedule to Section 1 of the Ancients Monuments and Archaeological Areas Act
79
What are the Building Regulations?
The Building Regulations are made under powers provided in the Building Act 1984, and apply in England and Wales. They exist to ensure the health and safety of people in and around all types of buildings (i.e. domestic, commercial and industrial). They also provide for energy conservation, and access to and use of buildings.
80
What is deemed to constitute Building work under the Act?
Building Work' is defined in Regulation 3 of the Building Regulations. The definition means that the following types of project amount to 'Building Work’:
* the erection or extension of a building;
* the installation or extension of a service or fitting which is controlled under the regulations;
* an alteration project involving work which will temporarily or permanently affect the ongoing compliance of the building, service or fitting with the requirements relating to structure, fire, or access to and use of buildings;
* the insertion of insulation into a cavity wall; and
* the underpinning of the foundations of a building.
81
What are approved documents?
Practical guidance on ways to comply with the functional requirements in the Building Regulations is contained in a series of 17 Approved Documents.
82
What is the difference between an Approved Inspector vs. Building Control ?
Approved Inspectors are businesses which work in the private sector as an alternative to Local Authority Building Control (LABC).
An Approved Inspector will be registered with the Construction Industry Council (CICAIR) to advise and guide clients about the Building Regulations.
83
What is a Full Plans application?
* A full plans application can be used for any type of building work and gives the added protection of having the plans approved.
* The full plans application is deposited with the local authority, usually together with 25% of the full charge payable.
* With agreement, work may be started after 2 working days, however before the plans are checked and approved, it is at your own risk. You will be invoiced for the remaining part of the charge after work starts.
* You must inform the local authority at certain stages of the work so they can carry out inspections to confirm that building work is in accordance with the approved plans.
* On satisfactory completion of the building work, you will be given a completion certificate.
84
What is a Building Notice application ?
* A building notice cannot be used where the building is a workplace, as defined in the Regulatory Reform (Fire Safety) Order 2005.
* The notice is served on the local authority, together with the full charge payable.
* Work may be started after 2 working days. The local authority may ask for further details to support the notice
* You must inform the local authority at certain stages of the work so they can inspect the work. As no plans have been approved, it is important that these notifications are given
* On satisfactory completion of the building work, you will be given a completion certificate.
85
What are Approved Documents?
A series of documents from the Secretary of State that give practical guidance about how to meet the regulations 2010. May also stipulate test or calculations as required by regulations
86
What are the Building Regulations?
Made under powers provided in the Building Act 1984. They are there to ensure health and safety of people in and around all types of buildings. They provide for energy conservation and access to and use of buildings. Latest version amended is 2010
87
What is deemed to constitute Building work under the Act ?
* Defined in regulation 3 of the building regs. The following types of work constitute “building work”
* Erection or extension of a building
* Installation or extension of a service or fitting controlled under the regs
* Alteration project involving work which will temporarily or permanently affect the ongoing compliance of the building, service or fitting with the requirements relating to structure, fire, access or use.
* Insertion of insulation into a cavity wall
* Underpinning of foundations
88
What are Approved Documents?
Practical guidance on ways to comply with the functional requirements in the regs and contains a series of 17 approved documents
89
Can you name some of the approved documents ?
* A-Structure (2013)
* B-Fire Safety (2020)
* C-Site Prep and resistance to contaminates and moisture
* D-Toxic Substances
* E-Sound
* F-Ventilation
* G-Sanitation, hot water safety and water efficiency
* H-Drainage and waste disposal
* J-Combustion Appliances and Fuel Storage
* K-Protection from falling, collision and impact
* L-Conservation of fuel and power
* M-Access to and use of buildings
* P-Electrical Safety
* Q-Security in Dwellings
* R-High Speed electronic communications networks
* O – Overheating
* S - Infrastructure for the charging of electric vehicles
90
What is the difference between Local Authorities and Approved Inspectors?
Same thing, AI’s are just approved by the secretary of state.
91
Are there any time frames involved with the appointment of an approved inspector?
If you appoint an AI, they need to submit an initial notice and the council have 5 days to reject it. Has to be submitted 5 days before work on site starts.
92
Explain your knowledge of the Party Wall etc. Act 1996 ?
Prevents and resolves disputes in relation to party walls, party structures, boundary walls and excavations near neighboring buildings
93
What is a Party Wall?
A wall which stands astride the boundary of land belonging to two or more different owners
94
What are the different types of notices?
Line of Junction Notice, Party Structure Notice, 3 meter Notice and 6 meter notice
95
When two PW Surveyors are appointed. One to act for the Building Owner and one to act for the Adjoining Owner what is the first thing they should agree upon?
The Third Surveyor
96
What is the purpose of an Award (Party Wall) ?
It grants each owner specific rights. Namely the building owner with regards to rights to access to carry out notifiable work. It grants rights to the adjoining owners with regards to compensation or other means of financial protection such as security of expenses. It controls how notifiable works should be undertaken to mitigate damage to the structure.
97
What is the Party Wall Act 1996 ?
Purpose was to facilitate construction operations near the vicinity of boundaries. It does this by providing a procedural framework to notify neighbours and facilitate negotiations.
98
What is the main aim of the Act?
* To prevent delays to construction.
* To enable an owner to undertake specific work
* Protects neighbours
99
Under the Party Wall Act, who is an owner?
Under S20 of the act, an owner is someone with more than one years tenancy
100
What are the types of a party structure?
* Type A – A wall astride the boundary
* Type B – a wall wholly on one side which is enclosed on
* Type C – Party fence wall
101
What are the duties of the Building Owner?
Notify the neighbours of their intentions to carry out work under the act. Carry out the work without causing risk and making good any damages.
102
How does the BO notify the AO?
Serving notices under the act. Should have names, addresses, start dates, sections under the act and if s6 notice, a foundation detail.
103
What happens after serving the Notice?
Neighbour must respond within 14 days to consent or dissent, if no response, 10 day letter, if still no response, 10(4) appointment
104
What is an Award?
Document describing the works and the rights and duties granted to each owner in connection with the works they are proposing
105
When do you serve a section 2 notice?
Works to the party structure.
106
When do you serve a section 6 notice?
Excavating within 3 or 6m if the foundations cut the 45 degree line from the neighbouring foundations
107
What are special foundations?
Reinforced foundations
108
What is Right to Light?
Assessment of whether proposed obstructions are likely to interfere with neighbours easement of light.
109
When do the CDM Regulations apply?
The CDM regulations apply to every construction project
110
Give me some examples of the key duty holders of the CDM regulations.
* Client
* Principal designer
* Principal contractor
111
Under CDM, is a Principal Designer required on all projects?
Yes, a principle designer must be appointed on all construction projects involving more than one contractor
112
When is a project notifiable under CDM?
A construction project is notifiable if: It's scheduled to last longer than 30 working days AND has more than 20 workers working simultaneously; OR. The project exceeds 500 person days
113
What pieces of legislation are relevant to dilapidations ?
Section 18 of the Landlord and Tenant Act 1927 Dilapidations Protocol (property liaison association 2002 Split into two limbs :
* A the landlord cannot claim more than the diminution in value and the landlord reversion
* B the landlord cannot claim for the works if they are looking to carry out the works anyway or planning to demolish the property.
114
Please give some examples of the guidance given in the RICS guidance note on dilapidations.
Dilapidations(GN)in England and Wales 7th Edition 2016 Sets out the role of the surveyor to act in accordance with the Dilap Protocol . Fees must be contractual .Scotts Schedule and Diminution Valuation: a valuation prepared in order to calculate the diminution in value of a landlord’s property incurred as a result of alleged breaches.
115
What is dilapidations?
Breach of the lease obligations
116
When would you serve a dilapidation ?
Interim served up to 3 years before the lease term ends and terminal served between 3 years and end of term.
117
What laws do you need to be aware of when preparing dilapidations reports ?
* The Landlord and Tenant Act Leasehold Property (repairs) Act 1938
* Dilapidations protocol
* Jervis V Harris
118
What is Jervis V Harris Case Law ?
Self help clause from Dilapidation Case Law from 1995. When a tenant fails to maintain and repair a property in accordance with their obligations, the landlord is granted the right to serve notice on a Tenant specifying the breach. If the tenant does not repair the breach, the Landlord can carry out the works themselves and recover costs from the tenants.
119
What is the dilapidation protocol ?
A pre action protocol relating to dilaps claims against tenants at termination of tenancy with the aim of preventing landlords exaggerated claims. It describes the conduct courts expect the parties to follow before commencing dilapidation proceedings. Claims should be made no later than 56 days after the tenancy is terminated and with it a statement of truth and that all works are reasonable. The tenants surveyor should respond within a further 56 days and then the two surveyors should arrange to meet to come to an agreement within 28 days. If one cannot be made, look into ADR.
120
How do you prepare a schedule of dilapidations ?
* Firstly, identify who your client is, the tenant or the landlord. Either way, I would review the lease to confirm what obligations the tenant has to comply with in terms of repairs, redecorations, reinstatement, yield up and payment. I would confirm if the tenant has carried out any alterations and if there was a license to alter for said alterations. If alterations did not have a license, I would confirm with the landlord if a) they want to have the alteration reinstated or b) leave the alterations as they are in the event they improve the value/usability. I would then confirm with the client that we have no conflict of interest and arrange to visit the property to carry out a survey in order to prepare a schedule of dilapidations. This would involve assessing what on site is not compliant with the covenants of the lease as well as what can realistically be included. I would provide an estimated cost for the works to put the property back into repair. I provide a copy of the schedule to the client and their legal advisor to send to the opposite party who can then agree or disagree with the claim and then enter into negotiations.
* The dilapidations protocol should be followed which sets out a time limit of 56 days to serve the schedule after the lease expires and provide a response within 56 days which can be followed up by the surveyors meeting on site to discuss the claim to come to an agreement and if not, go into ADR.
121
What is the Landlord and Tenant Act ?
Under section 18(1) of the 1927 act, the landlords claim for damages is limited to the diminution of value and supersession. I.e. if the landlord intends on demolishing the building and thereby render the tenants repairs and redecorations etc. pointless, you cannot make them carry out the works. Part 1 refers to repairs and part 2 refers to the value. If the value of the repair claimed exceeds the value of the interest in the premises has be diminished, a claim cannot be made. This value would be carried out by a competent valuation surveyor.
122
What is a Schedule of Wants of Repair ?
During a lease the landlord may require the preparation of a "schedule of wants of repair". This may be served as an interim schedule (in effect a list of defects needing to be remedied) or as a full schedule detailing serious items of disrepair. The latter is with the intention either of forcing the tenant to carry out the remedial works or of regaining possession of the premises and obtaining the cost of repair in the form of damages from the tenant. Modern leases often reserve the right of the landlord to re-enter premises, carry out the work himself and then seek to recover costs.
During a lease the likely level of damages in respect of disrepair will usually be assessed on the basis of the diminution in the value of the landlord's reversion as a result of the want of repair i.e. the difference in the value of the premises left unrepaired and their value if the repairing obligations had been performed.
123
Explain what a Jervis v Harris clause is.
Allows a Landlord to request repairs to a property during the term of a lease, should the tenant take no action, the clause allows the landlord to complete the works and recover the cost as a debt.
124
When would you issue a Terminal Schedule of Dilapidations ?
Last 3 years of a lease
125
What is the current RICS document on Dilaps?
RICS Guidance Note – Dilapidations in England and Wales, 7th edition, 2016
126
Define dilapidations in three words?
Breach of lease
127
What are dilapidations ?
Dilapidations refers to breaches of lease obligations, either express or implied and usually relates to repair, redecorate, reinstate, breaches of statute and other associated costs. A claim is an alleged breach of contract and as such is actionable by law.
128
What documents are required prior to a dilaps survey?
* Lease, plans
* Licenses to alter
* Schedules of condition
129
What lease clauses would you consider when consider a tenants dilaps liability?
* Repair
* Redecoration
* Reinstate
* Yield up
* Surveyors fees
* Statutory obligations
130
Can fees be claimed ?
Generally, fee’s incurred by the landlord for preparing and serving a schedule cannot be recovered unless there is an express provision in the lease or pursuant to statutory provisions (section 146 of the Law of Property Act 1925).
131
Describe a schedule of dilaps
A column for the clause number, description of breach, remedy, cost, tenant comments and their surveyors cost estimate.
132
What are the three main types of dilaps schedules?
* Interim
* Terminal
* Final
133
Up to when can you serve an interim dilapidation schedule?
Interim can be served up to 3 years before the end of the lease term. Between 3 years and the end of the lease, a terminal schedule has to be served.
134
What remedy can be sought from claims at the end of the term ?
Damages
135
What remedies can be sought from claims during the term ?
Damages, forfeiture, entry to carry out repairs with a claim for costs
136
How is the assessment of loss calculated ?
A claim is based on the assessment of the cost of repairs. Claims can be made if the property is left in a state that reduces its value (diminution in value).
137
How can you go about limiting a dilaps claim ?
Review the lease covenants, assess costs for claims, review what is actually being claimed
138
Describe the two limbs of Section 18 of the Landlord and Tenant Act 1927 ?
* Limb 1 – Diminution of the reversion – damages for the breach shall not exceed the amount by which the value of the premises is diminished. Diminution is assessed by the value of the property with the repair and the value without the repair.
* Limb 2 – Supersession – no damages shall be recoverable if the premises are to be significantly altered making the repairs valueless.
139
What type of clause is often exercised during interim schedules ?
The right to enter the property without consent of the tenant to undertake works that should have been carried out and then charge the tenant. This is referred to Jervis V Harris 1996 clause. Extreme caution is required when using these clauses as incorrect application can lead to counter-claims from the tenant for trespass.
140
What is a break clause ?
Allows the and or tenant to determine the lease before the contractual term ends
141
Can you specify any key case law regarding dilapidations ?
* Jarvis V Harris – Allows the landlord to enter the property to remedy defects and claim the costs of doing so. Must comply with one of the 5 reasons of the Leasehold Property (repairs) Act.
* Fairclough V Berliner – no dilaps cost if the building is to be demolished.
* Cuncliffe V Goodman 1950 – Judge ruled that the landlords intentions were to sell the property and not actually carry out the works.
142
What was the purpose of the PLA protocol/CPR dilaps protocol ?
Intended to improve the pre-action communication between landlord and tenant by establishing a timetable for the exchange of information relevant to the dilapidations dispute and by setting standards for the content of claims and correspondence and the conduct of pre-action negotiations. The overall aim was to reduce the number of claims going to court.
143
Do surveyors have to follow the protocol ?
No, it is just guidance but it is likely that if a dispute were to arise and reach courts without protocol being followed, surveyors may risk having to pay both sides legal costs
144
What is the process outlined in the (Dilapidations) Protocol?
* Service of schedule with a claim within 56 days from lease ending.
* Service of tenants response within 56 days of receiving claim
* Negotiations
* Stocktake
* Formal diminution of value and quantification of claim prior to court proceedings
* Court proceedings.
145
What is a quantified demand ?
* A full statement of what the landlord is owed. Consists of a costed schedule detailing all consequential losses and where relevant, the following:
* Holding costs expected to be incurred before re-letting or sale
* Loss of rent until the end of any works
* Rates liability
* Insurance, security, cleaning, energy
* Loss due to lack of service charge recoupment
* Other surveyor fees.
146
Are all dilaps claims subject to VAT ?
No. Commercial buildings are normally VAT exempt unless the landlord pays VAT. The landlord can elect to pay VAT. Where a building is VAT elected, then VAT is not payable on the claim. Where VAT is not elected, no VAT can be claimed.
147
In terms of dilaps, if you were acting on behalf of the Landlord, what various inspections/reports could you prepare ?
* Interim, terminal or final schedule of dilaps
* Schedule of condition
* Condition survey in relation to breaches of the lease.
148
If a client asks you to act on their behalf if a dilaps situation, what questions would you ask ?
* Are you the landlord or tenant? Who is the landlord/tenant?
* What stage is the lease at?
* Is it Full Repair and Insure or an Internal Repair only lease?
* Are there any plans? Have you made any alterations? Are there any previous surveys?
149
What is a part 36 offer ?
Offer to compel the opposite side to bring the matter to a swift conclusion by making a realistic offer to settle. Where a part 36 offer is made, the defendant must pay that amount to the courts to be held for 21 days whilst it is considered. If the offer isn’t accepted and it went to trial and the claimant recovered less than the amount recovered by the defendant, the claimant would have to pay the defendants costs.
150
What does without prejudice mean? When would you use it ?
Allows for negotiations without the fear that anything said being used as evidence at a trial. For it to apply, there must be a dispute. The content of the communication must be a genuine attempt to settle the dispute.
151
What is the difference between express and implied obligations ?
* Express – terms that are specifically agreed within the contract
* Implied – terms that are not mentioned but apply by way of statute or the courts.
152
What relationship does a schedule of condition have to a schedule of dilaps ?
SoC may be agreed between Landlord and Tenant at the commencement of a lease which will document the existing condition at the outset which can be appended to the lease to limit repair liability.
153
What is a section 146 Notice ?
Notice served by the landlord on the leaseholder to terminate the lease if the leaseholder is in breach.
154
What is the process outlined in the Protocol ?
* Service of schedule with a claim within 56 days from lease ending.
* Service of tenants response within 56 days of receiving claim
* Negotiations
* Stocktake
* Formal diminution of value and quantification of claim prior to court proceedings
* Court proceedings.
155
What is a quantified demand ?
A full statement of what the landlord is owed. Consists of a costed schedule detailing all consequential losses and where relevant, the following:
• Holding costs expected to be incurred before re-letting or sale
• Loss of rent until the end of any works
• Rates liability
• Insurance, security, cleaning, energy
• Loss due to lack of service charge recoupment
• Other surveyor fees.
156
Who are the duty holders under the Control of Asbestos Regulations ?
The duty holder is the owner/ managing agent/ asset manager of the domestic premises Leaseholder depends on the extent of maintenance and repair obligations.
157
What duties does the gas safety (installation and use) regulations 1998 as amended place on landlords ?
Duty to maintain all owned pipework, appliances and flues which are available for the tenants use(this is passed onto the letting agent if specific in the letting contract)
158
How often must a gas safety check be carried out ?
Annually
159
Who should carry out a gas safety certificate ?
Gas safe registered engineer
160
What legislation places an obligation on the landlord to ensure that electrical equipment and installations are safe at the start of a tenancy and maintained in safe condition ?
Housing act 2004 & Landlord and Tenant Act 1985
161
Who is the accreding body for electrical installations?
NIC/EIC, Alexa
162
Who is the accreding body for Asbestos related works ?
ARCA
163
Who is the accreding body for windows installation ?
FENSA
164
Who is the accreding body for oil installations ?
OFTEC
165
Who is the accreding body for wood burning stove applications ?
HETAS
166
Who is the accreding body for gas boiler installations ?
Gas Safe
167
Explain the Building Safety Bill 2021?
Recommendations in Dame Judith Hackitt’s 2018 Building a Safer Future report Building Safety Regulator which will sit within the Health and Safety Executive. including taking over the building control regime for higher-risk buildings, enforcing sanctions for non-compliance, improving the competence of those working on those buildings and overseeing the safety of those buildings in occupation.
168
What are the future homes standards 2021 ?
In 2019 the government introduced a legally binding target to reduce greenhouse gas emissions to net zero by 2050.New Build and Existing Buildings Proposes a ban on fossil fuel boilers from 2025 decrease in emissions of 75 to 80% compared with current levels.
169
What is the purpose of The Town and Country Planning Act 1990?
Takes account of the policies at national and regional level insofar as they affect the physical and environmental planning of its area; and. Provides the framework for local plans.
170
What is The Control of Asbestos at Work Regulations 2012
The act sets about guidance to monitor, protect and remove asbestos DUTY TO MANAGE - updated yearly
171
What is The Housing Act 2004 ?
Was introduced to replace the Housing Fitness Standard with the Housing Health and Safety Rating System (HHSRS).
172
Housing Grants, Construction and Regeneration Act 1996 ?
It 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.
173
What is a British Standards ?
British Standard refers to the specification of recommended procedure, quality of output, terminology and other details, in a particular field making a product, managing a process, delivering a service or supplying materials.
174
What is the Fire Safety Bill 2021 ?
The Fire Safety Bill was introduced to amend the Regulatory Reform (Fire Safety) Order 2005. It aims to make it clearer where responsibility for fire safety lies in buildings containing more than one home.
175
What are EPC changes? SAP rating?
SAP calculations - EPC rating No buildings to be let after April with EPC less than Energy Efficiency Rating
176
Legal/Regulatory Compliance - Extract from Candidate Guide - Aug 2018 (updated Feb 2022)
177
What are Building Regulations ?
The Building Regulations set standards for the design and construction of buildings to ensure the safety and health of people in or about those buildings - Building Act 1984
178
What are Approved Documents ?
Practical guidance on ways to comply with the functional requirements in the Building Regulations is contained in a series of 17 Approved Documents.
179
What is a lawful development application ? When does this not apply ? What is the purpose of it ?
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. Used to prove the development does not require a full planning application.
180
What is Approved Document K ?
Approved Document K - Protection from falling, collision and impact
181
What conditions have you implemented from planning and building control ?
* The development to which this permission relates shall begin not later than the expiration of three years beginning with the date of this decision.
* The development to which this permission relates shall be carried out in accordance with the approved plan(s) referenced:
182
What are the types of planning applications ?
* Outline.
* Reserved matters.
* Full planning (or detailed planning) permission.
183
What are the type of Building Regulations 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.
184
What is a lawful development certificate ?
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.
185
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.
186
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.
187
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.
188
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.
189
What are the type of dilapidations inspections ?
There are three types of schedule of dilapidation's:
* Interim schedule of dilapidation's, issued during the course of the lease.
* Terminal schedule of dilapidation's, issued during the last three years
* Final schedule of dilapidation's issued after expiry of the lease.
190
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, colours etc
191
What is the Party Wall etc Act 1996 ?
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.
192
Can you expand on your knowledge of 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.
193
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.
194
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.
195
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.
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.
196
When must you comply with Building Regulations ?
Always for any work
197
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.
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.
198
What is a section 18 notice (dilapidations) ?
* A Section 18 (1) Valuation provides a statutory cap for damages, by calculating the difference by which the value of the landlord’s interest has been reduced on account of the breaches of lease covenant. This is otherwise known as the ‘diminution in value’ of the landlord’s interest.
* Where a building is in disrepair at the end of the term, Section 18 (1) of the Landlord and Tenant Act, 1927, limits the landlord’s claim for damages for breach of a repairing covenant. Other breaches are covered by Common Law Principles usually related to a landlord’s loss as referenced by diminution in value.
There are two parts (limbs) to section 18 (1):-
* The first limits the claim to the amount that the value of the landlord’s reversion is diminished by breaches of the covenant to repair. The landlord cannot recover more than it has cost, in terms of the loss caused to the value of the property. This is the diminution in the property’s reversionary value, caused by the disrepair.
* The second part states that no damages are recoverable, if it can be shown that on expiration of the lease the premises would be demolished or altered to the extent that would render valueless the repairs in question.
* In order to calculate the diminution two valuations are required. Firstly to compare the property’s value in poor repair; and secondly to look at the value the property would have achieved in the open market if it had been maintained by the tenant.
* The second valuation is a hypothetical assessment, as the premises would not currently be in repair. It must consider all potential uses for the premises, as it may be more valuable as a redevelopment site or for an alternative purpose. It must also take into account the extent that an alternative or change of use would affect individual elements of the schedule. For instance repairs, to the external areas may still need to be carried out.
199
What is Endorsement (dilapidations) ?
he schedule should be endorsed either by the landlord, or where it is prepared by a surveyor, by the landlord’s surveyor. If the schedule has been prepared by the landlord’s surveyor, then in endorsing the schedule, the surveyor should have regard to the principles laid down in the Royal Institution of Chartered Surveyors’ Guidance Note on Dilapidations.
200
What is the landlord and tenant act ?
The Landlord and Tenant Act 1954 is the governing legislation for landlords and business tenants. A business tenant is somebody who rents or leases the place where they conduct their business.
Part II of the Act offers business tenants legal protection for the value they may have built up in a location which would be lost if they had to leave their premises when the lease expired, for example; if they have installed a lot of equipment, If the location is vital to their operation, if business continuity is important, and so on.
201
Do you know what Section 18 of the Landlord and Tenant Act 1927 is?
I) A diminution valuation is required, and damages are usually capped by reference to the diminution in the value of the landlord’s reversion. Two valuations are prepared by a specialist valuation surveyor, one of the property in its current state and another if the tenant kept up with all of their obligations. The difference between the two valuations places a cap on the repair obligations only, not reinstatement and decoration.
II) No costs can be recovered by the landlord if at or shortly after termination of the lease, the building will be structurally altered in a way that would render the repairs valueless or the building is to be pulled down
202
Did you include external decorations as a repair item (in dilapidations claims) ?
This would fall under the external section of the schedule and would be decoration in relation to the decoration clause.
203
What is endorsement?
Where endorsed by the landlord’s surveyor, full account has been taken of the landlord’s intentions for the property, as advised by the landlord; and the costings, if any, are reasonable.
204
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.
205
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.
206
Can you reference some of the approved documents ?
* 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
* Part O – Overheating
* Part S - Infrastructure for the charging of electric vehicles
207
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.
* 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
208
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 and layout.
209
What information was included in the Design & 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 and layout.
210
What conditions were imposed on the application (if none think about those that could be included on alternative scheme.
* 1 - The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
* 2 - The development hereby permitted shall not be carried out otherwise than in complete accordance with the approved plans.
211
Briefly explain the process used by the local planning authority, when considering this application.
Consider the proposed application into relation to the guidance at national and local level, NPPF and a local plan
212
For what purposes can a building notice be used instead of a full building plans submission ?
A Building Notice is a written notice that you intend to carry out building work and does not normally mean that you have to submit detailed drawings. More information may sometimes be requested by the Building Control Surveyor to ensure that your work is in line with the regulations. Normally suited to a competent building that has vast experience in the construction.
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Compare the advantages/disadvantages of using a building notice versus a full building plans submission ?
Full pans takes longer, requires additional detail and potential cost bt provides certainty, building notice is quicker can be cheaper however does have a degree of risk attached.
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What are the key risks to the building owner/client of using a building notice ?
Works and detail are not defined for the works, put trust in the builder.
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What information was submitted as part of this application ?
Floorplans, elevations, roof plan, section details, site and location plan, services plan
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How are the fees for the submission calculated ?
Dependant on the application type
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What range of drawings scales did you use for this application ?
1:10, 1:50, 1:1250(Location Plan)
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Why would you recommend the requirement for a R&D survey ?
As per the CAR 2012 in relation age of the property,
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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
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What are the asbestos regs ?
Control of Asbestos 2012
