Housing Maintenance, Repair and Improvement Flashcards
What is the Decent Homes Standards
TheDecent Homes Standardis atechnical standardforpublic housingintroduced by theUnited Kingdomgovernment. Aims to provide a minimum standard of housing conditions for all those who are housed in thepublic sector- i.e.council housingandhousing associations.
The criteria for the standard are as follows:
it must meet the current statutory minimum standard for housing
it must be in a reasonable state of repair
it must have reasonably modern facilities and services
it must provide a reasonable degree of thermal comfort.
The current DHS does not explicitly mention damp and mould but it is covered by the Housing Health and Safety Rating System (“HHSRS”).
Tell me about the Homes (Fitness for Human Habitation) Act 2018
The Act amends the Landlord and Tenant Act 1985 to require that residential rented accommodation is provided and maintained in a state of fitness for human habitation.
Your landlord must make sure that your home is ‘fit for human habitation’, which means that it’s safe, healthy and free from things that could cause you or anyone else in your household serious harm. For example, if your house or flat is too cold and you can’t heat it, this can affect your health.
he Homes Act applies to tenants who live in social or privately rented houses and flats.
If rented houses and flats are not ‘fit for human habitation’, tenants can take their landlords to court. The court can make the landlord carry out repairs or put right health and safety problems. The court can also make the landlord pay compensation to the tenant.
What is the The Housing Health and Safety Rating System (HHSRS)
The Housing Health and Safety Rating System (HHSRS) is a risk-based evaluation tool to help local authorities identify and protect against potential risks and hazards to health and safety from any deficiencies identified in dwellings.
What is HHSRS?
HHSRS was introduced under the Housing Act 2004 and applies to residential properties in England and Wales.
This assessment method focuses on the hazards that are present in housing.
Tackling these hazards will make housing healthier and safer to live in.
What are CDM?
The Construction, Design and Management Regulations 2015 (CDM 2015)
CDM 2015 are the regulations governing health and safety (amongst other things) on a construction project.
It is not about creating unnecessary and unhelpful processes and paperwork, but choosing the right team and helping them work together to ensure health and safety.
As a property management surveyor, you need to do the following:
Best Practice CDM tips
Ensure adequate welfare facilities on site.
communicate with designer and buildling contractor.
Ensure construction phase plan is in place.
Keep the health and safety file.
always allow adequate time.
When do you need an F10?
For some construction work that lasts longer than 30 days with more than 20 workers working at the same time, or involves 500 person-days of work, you need to notify HSE of the project as soon as possible before construction work starts.
What are the responsibilities of the Control of Asbestos Regulations (CAR 2012)
These are the responsibilities according to the Control of Asbestos Regulations (CAR 2012)
Risk assessment – Make sure that a risk assessment is carried out before any work starts.
Competent contractor – A landlord must appoint a competent contractor to carry out repairs or other work. Landlords cannot simply leave matters to contractors.
Due diligence checks – A minimum requirement is for landlords to carry out due diligence checks to ascertain that a contractor is competent.
Presence of asbestos – Any information about the presence of asbestos known to the landlord must be passed onto the contractor.
Compliance with CAR 2012 – A landlord, who is an employer or who is self-employed, must additionally ensure that the Control of Asbestos Regulations is complied with in the case of domestic premises, including common parts.
Explain the Regulatory Reform (Fire Safety) Order 2005
requires a fire risk assessment to be carried out in blocks of flats or a building containing common parts of two or more dwellings.
The duty is on the “responsible person” who will generally be the person responsible for managing the common parts.
This can include the freeholder, a Right to Manage Company, a Residents Management Company or managing agents contracted to act on behalf of any of the above.
What is a stock condition survey
It is a survey of property assets to collect information about the condition of stock for a defined purpose.
How is a stock condition survey used?
Provide costings for financial planning
Prioritise work by identifying the most urgent works
Implement planned maintenance programmes
Place properties on a scale based on factors such as amenities provided
Feed into valuations
Inform insurers of likely risks and mitigation
What is a Scott Shedule?
Scott schedule is ‘…a table, often in landscape format where disrepair/maintenance is itemized in one column with costs specified in another column’.
In other words, it is a quantified costing of works, often arising from dilapidations claims or condition surveys.
What are dilapidations?
Dilapidations are breaches of leases due to the condition of the property being leased, either during or at the end of the lease period.
What is Section 20?
Major maintenance works in a block of flats will need to go through the complex S.20 notice procedure process.
Qualifying works are proposed works of repair, maintenance or improvement that would cost any leaseholder more than £250.
These are sometimes referred to as major works.
What is the The European Public Contracts Directive
The regulations refer to contracts ‘for which public notice is required’.
This is a reference to contracts where the sum involved will be of a level where EU procurement rules apply and the proposed contract must be advertised by public notice in the Official Journal of the European Union (OJEC).
hresholds are updated annually and are expressed in Euros.
At the time of writing, public notice was required for works contracts over £4,551,413 Net of VAT and contracts for the supply of goods or services over £181,302 net of VAT.
These sums have been converted from euros and are subject to change.
JCT Minor Works Building Contract 2016
The ‘JCT Minor Works Building Contract 2016’ is used in conjunction with the traditional procurement route only ie. where the work needs to be fully designed and specified prior to work commencing.
There is also a sister contract of the ‘JCT Minor Works Building Contract 2016 with contractors design’ where certain discrete elements of the work can remain the responsibility of the contractor.
This can be used for specialist items (eg. Electrical and plumbing work) or where there is insufficient time for the full design.
The JCT Minor Works contract is commonly used for projects likely to be administered by a qualified surveyor under the following criteria:
Where the work involved is simple in character
Where the work is designed by or on behalf of the client/employer
Where the client/employer is to provide drawings and/or a specification and/or work schedules to define adequately the quantity and quality of the work
Where an architect/contract administrator is to administer the conditions
Where the approximate maximum value is £500k – but this is flexible depending on the complexity of the project
What are articles of agreement in a JCT
This section identifies the key parties to the contract and other stakeholders.
What are the contract particulars in a JCT
This section contains the all-important contract clauses covering items including:
Carrying out the works
Control of the works
Payment
Injury, damage, and insurance
Termination
Disputes
What is an extension of time
This is often a contentious issue as a contractor will often apply for an extension of time as a result of delays to their original programme for various reasons.
It will be the contract administrator’s decision on whether to approve or decline it.
The general rule is that an extension of time should only be issued if the reason is ‘outside of the contractor’s control’ - otherwise known as ‘a relevant event’ which potentially include:
Weather – if the work or part thereof is external
Force majeure – an Act of God
Additional work instructed by the client – this is most common
Others including the client failing to provide the contractor with reasonable access or information
What is practical completion?
Practical Completion is a much misunderstood and debated term.
Contract administrators will have different perceptions of what comprises a Practically Complete project, and will often come under pressure from a contractor to agree on Practical Completion as it triggers:
The final payment (known as the Penultimate Payment).
Release of the contractor’s insurance obligations (which may be expensive).
Exemption of the contractor’s liability to pay liquidated damages.
What is the defects liability period
The ‘defects liability/rectification period’
The Defects Liability/Rectification period is normally a period of 3, 6 or 12 months, where the contract remains ‘open’ after completion of the work during which the contractor is still liable for rectifying problems (or defects) that have developed following the building work.
Latent defects are defects that occur after the DLP or NHBC warranty period if applicable.
