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Technical Comps > L&RC Questions > Flashcards

L&RC Questions Flashcards

1
Q

What are the Building Regulations?

A

The Building Regulations are statutory instruments that detail minimum performance standards for the design and construction of buildings

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2
Q

When were the Building Regulations introduced?

A

Established under the Building Act 1984. Amended by the Building Regulations 2010.

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3
Q

What is the main purpose the of the Building Act?

A

The Building Act 1984 sets out the legislative framework for the building control system.

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4
Q

What is deemed to constitute Building Work under the Act?

A
  • The erection or extension of a building.
  • The provision or extension of a controlled service or fitting in or in connection with a building
  • The material alteration of a building, or a controlled service or fitting
  • Work required by regulation 6 (requirements relating to material change of use)
  • The insertion of insulating material into the cavity wall of a building
  • Work involving the underpinning of a building
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5
Q

Who is responsible for ensuring compliance with the Building Regulations?

A

With all building work, the owner of the property (or land) in question is ultimately responsible.

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6
Q

When are consequential improvements triggered for non domestic buildings under part L of the , Building Regulations?

A

Where an existing building has a total useful floor area over 1000m² and it is intended to;
1. Build an extension.
2. Install the initial provision of any fixed building service (other than a renewable energy generator).
3. Increase the installed capacity of any fixed building services (other than a renewable energy generator).
Then it may be necessary to undertake additional works to the existing building as well as the new work. These works are referred to as Consequential Improvements.

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7
Q

What are dilapidations?

A

Refers to breaches of lease obligations either implied or expressed.

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8
Q

What is contaminated land?

A

Defined in the Environmental Protection Act 1990 as ‘Any land which appears to the , local authority to be in such condition that significant harm is/possibly being caused , or pollution of controlled waters (fresh/brown waters) is/likely to occur

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9
Q

Are there any forms of incentives to develop contaminated land?

A

150% tax relief for remediating contaminated land. Only the cost over & above that , expected for normal site preparation.

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10
Q

What statutory consents must be obtained before commencing demolition?

A

A Section 80 demolition notice must be submitted to the Local Authority for approval and no demolition work can be carried out until the authority has issued a counter notice under Section 81 of the Building Act which outlines the conditions that must be applied with when carrying out the works. This process can take up to six weeks.

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11
Q

What key pieces of guidance would you refer to when undertaking a refurbishment project involving electrical systems?

A

The Electrical Safety at Work Regulations 1989, BS 7671

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12
Q

What are the three instances in which the Party Wall Act may be triggered?

A

Work on an existing wall or structure shared with another property (Section 3), building a free standing wall up to astride the boundary (Section 1) or excavating near a neighbouring building or structure (Section 6)

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13
Q

How is the party wall etc act 1996 applied?

A

Excavating adjacent to a building or structure, cutting in or repair, new wall on or astride boundary line

Section 1 - line of junction notice (New structure on party wall line - 1 month notice)
Section 3 - party structure notice (Works to exist. wall - 2 months notice)
Section 6 - notice of adjacent excavation (3m or 6m at 45 degree rule - 1 month notice)

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14
Q

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.

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15
Q

How long after the serving of a party wall award is the process for disputing an award?

A

14 days

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16
Q

What options are available for obtaining access to neighbouring land to undertake specific elements of work?

A

Option 1: enforcing rights of access in your title deeds
Option 2: Access to Neighbouring Land Act 1992

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17
Q

When is work notifiable to the HSE?

A

Works lasting longer than 30 days and have more than 20 workers working simultaneously at any point in the project or where they exceed 500 person days

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18
Q

What are the key components of the CDM Regulations 2015? ICHGG
(Construction Design and Management Regulations 2015)

A

Part 1 - Introduction
Part 2 - Client Duties
Part 3 - Health and safety duties and roles
Part 4 - General requirements for all construction sites
Part 5 - General

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19
Q

What are the main changes introduced in CDM 2015?

A

Removal of CDM coordinator, amendment to when project is notifiable, CPP required for all projects and not just notifiable ones

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20
Q

What are the various dutyholders listed under CDM?

A

Commercial clients, Domestic clients, Designers, Principal designers, Principal contractors, Contractors, Workers

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21
Q

What are the duties of the Principal Designer under CDM 2015?

A

Manage health and safety risks during the pre construction phase of the project, assist the client in complying with their duties under the regulations

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22
Q

What are the key duties of a client under the CDM regulations?

A

Make suitable arrangements for managing a project, including making sure:

  • other dutyholders are appointed as appropriate
  • sufficient time and resources are allocated

Make sure:

  • relevant information is prepared and provided to other dutyholders
  • the principal designer and principal contractor carry out their duties
  • welfare facilities are provided
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23
Q

What are the key duties of a designer under the CDM regulations?

A
  • Make the client aware of their duties under CDM regs before starting design work
  • Take steps to control or reduce risks
  • Take account of the PCI provided by client (and PD if involved)
  • Eliminate h&s risks where possible
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24
Q

When can works be carried out under permitted development? Are there restrictions specific to local authorities?

A

Town and Country Planning (General Permitted Development) Order 1995. Certain works can be carried out without the need for planning. Not applicable to listed or buildings in conservation zones.

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25
Q

What is the Equality Act 2010?

A

Single, consolidated source of discrimination law. Approved Document M is the key approved doc seeting out req.

26
Q

What are the 7 protected characteristics set out in the Equiality Act 2010?

A
  • Age
  • Disability
  • Gender
  • Marriage
  • Pregnancy
  • Race
  • Religion
  • Sex
  • Sexual Orientation
27
Q

What are the control of asbestos regulations 2012?

A

Regulations on working with asbestos

28
Q

What types of asbestos are most common?

A
  • Crysotile (White) - Most Common
  • Amosite (Brown)
  • Crocidolite (Blue)
29
Q

Can works which are normally required to have buiding control approval ever be carried out without?

A

Competent person scheme - Means you can self certify work for example roofing, gas installs and electrical installations.

30
Q

Key themes of the building safety act?

A
  1. Introduces new dutyholder roles
  2. Building Safety Regulator (BSR) – which is the Health & Safety Executive – will become the building control body for new higher-risk buildings
  3. The golden thread of information
  4. Safety case report summarising major fire and structural hazards and risk management measures is now mandatory for each higher-risk building.
  5. Mandatory Occurrence Reporting
  6. High-rise residential buildings of 18 metres or more in height or at least seven storeys tall, with two or more residential units, must have been registered with BSR.
  7. Amendments to the Regulatory Reform (Fire Safety) Order 2005
  8. Building Safety Levy - Developers are responsible for paying the levy – which has been through a consultation period – as part of the building control process.
31
Q

What role do the approved documents play how do they differ to building regs?

A

Approved docuemnts set out guidance to comply with building regs, which is legislation.

32
Q

Talk me through the difference between licensed and non-licenced asbestos removal?

A

Non-licensed asbestos removal means that the contractors do not need to be HSE-licensed to carry out the work as it is classified as lower risk.

33
Q

What are the potential problems with planning conditions?

A

They can delay the start of works if they are pre-commencement conditions or can hold up works on site if they are material confitions requiring discharge beofore orders are placed.

34
Q

What happens if planning conditions arent discharged?

A

You may be subject to planning enforcement in the form of either:
- Temporary stop notice, or
- Breach of condition notice (Which stays indefinetly)

You may also be presecuted by the magistrates court as it is an offence

35
Q

How much does it cost to discharge a condition?

A

There is typically an admin charge of around £130

36
Q

Detail the application for planning approval process, including timescales?

A

Planning applications are validated usually within 2 weeks of receipt and a decision is required in 8 weeks by delegated approval, unless the application includes works which are ‘unsually large or complex’ in which the deadline can be extended to 13 weeks

37
Q

What were the minimum requirements in terms of information submitted to have a planning application validated?

A
  • Application form
  • Fee
  • Location plan
  • Other plans and drawings
  • Land ownership cert
  • Planning statement
  • Design & access statement (On major development, listed or conservation areas)
38
Q

What types of planning conditions were attached to the Meadows planning application? What was the discharge process?

A

Materials, Drainage, limit on time to complete works, design of bike storage etc. Documents / samples had to be submitted to the local authority to discharge conditions.

39
Q

What were the main elements of the planning application form?

A
  • Address of site, owner and consultant
  • Description of work
  • Waste collection
  • Access
  • Materials
40
Q

How was the planning application cost determined?

A

They are written in to law and depend on the type of application. (Town and Country Planning (Fees for Applications and Deemed Applications – Requests and Site Visits) (England) Regulations 2012 (as amended))

41
Q

What are the duties of the Principal Designer under CDM 2015?

A

Manage health and safety risks during the pre construction phase of the project, assist the client in complying with their duties under the regulations

42
Q

Why was the project notifiable? What is the F10 process? Who issued the F10 and who’s responsibility is it?

A

Works lasted longer than 30 days and have more than 20 workers working simultaneously at any point in the project. F10 was issued by the PD to HSE notifing them of the works. Is the responsibility of the client to notify of the works.

43
Q

Who’s responsibility is it to compile PCI?

A

The clients, in this instance the PD issued on their behalf.

44
Q

What is the risk of appointing a Principal Designer from another company? (External PD)

A

Wont have prior experience of the risk, Not well bedded within the team, competence

45
Q

Are you aware the of the Building safety act PD - what are their responsibilities?

A

To take ‘all reasonable steps’ to ensure the design work on a project is co-ordinated to demonstrate compliance with the Building Regulations.

46
Q

Why was an R&D required what other types of asbestos survey are there?

A

As per the Control of Asbestos Regulations 2012, prior to any refurbishment or demolition works, R&D asbestos surveys are legally required to determine the type, extent and the condition of asbestos in premises built before 2000.

Asbestos management surveys are required to be kept on site.

47
Q

On the Meadows, how did you establish what information was required to be submitted with the planning application?

A

Local List for Planning Validation

48
Q

What is acceleration in a JCT Contract?

A

Instructed to speed up work. This is named in the contract. Contractor will be entitled to costs.

49
Q

What is the difference between novation and assignment?

A

Novation will transfer both the benefit and the burden of a contract from one party to another. A novation creates a new contractual relationship - a ‘new’ contract is entered into.

Assignment transfers just the benefit.

50
Q

What gets issued as part of a listed building consent application?

A
  • Heritage Impact assesment
  • Statement of significance
51
Q

What is a right to light?

A

A claim will arise if the result of an obstruction is such that it will leave less than 50 percent of the affected room adequately lit. 45% rule.

52
Q

What are the 3 types of works on asbestos?

A

Non-licensed - Low risk - Speradic, low intensity, low exposure

Notifiable non-licensed - Minor short duration works to AIB, works on asbestos cement boards

Notifiable - High Risk - AIB long duration works, loose insulation, work on asbestos coating

53
Q

How long does building cotrol approval take?

A

Within 5 weeks, unless you agree to their extension up to max 2 months.

54
Q

What are the 3 types of asbestos and when were they banned?

A

Crocidolite (Blue) - 1985
Amosite (Brown) - 1985
Chrysotile (White) - 1999

55
Q

What law governs planning?

A

Town and Country planning Act 1990

56
Q

What is the definition of a high risk building?

A

Is wholly, or in part, used as a care home, hospital or residential apartments and is:

  • Atleast 18m
    or
  • Atleast 7 stories above ground level
57
Q

What is a article 4 direction?

A

Made by a local planning authority in the United Kingdom to restrict permitted development rights.

58
Q

What is the landlord and tenant act?

A

Under Section 18 of the Landlord and Tenant Act 1927:
(1) dilapidations are limited to the landlord’s loss as a result of the breach
(2) if it is proved that the property will be demolished or significantly altered after the lease ends, rendering the repairs valueless, then no damages are recoverable.

59
Q

Were there any implications on the lease following your report recommendations at 13 Baldwin?

A

The tenant would be required to obtain landlord consent, via a license to alter, for any works they were planning to undertake

60
Q

What is the governing regulation that determines how planning permission applications are assessed in the UK?

A

The national planning policy framework (Consider the local area plan too)

61
Q

Where is the definition of ‘building work’ requiring building regulations sign off defined?

A

Part 2 of the building regulations 2010. It includes
- The erection or extension of a building.
- The provision or extension of a controlled service or fitting in or in connection with a building.
- The material alteration of a building, or a controlled service or fitting.

62
Q

What do JCT contracts state in terms of compliance with the CDM regulations?

A

It is highlighted in Section 3: Control of the works that parties must comply

Technical Comps (9 decks)

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