Legal and Compliance

Question 1

What is rights of light ?

Answer 1

Right to light is a form of easement in English law that gives a long-standing owner of a building with windows a right to maintain the level of illumination

Question 2

What law covers rights of light

Answer 2

Prescription Act 1832.

Question 3

What is an easement ?

Answer 3

An easement is the right of one landowner to make use of another nearby piece of land for the benefit of his own land.

Question 4

What is a wayleave

Answer 4

A wayleave is a contract between a the owner or occupier of land (the grantor) and a third party (the grantee) permitting the grantee to access privately-owned land to carry out works in return for some form of compensation. Used by statutory undertakers.

Question 5

What is compulsory purchase ?

Answer 5

A compulsory purchase order is a order that gives the authority the legal power to buy your home or land from you

Question 6

What is party wall ?

Answer 6

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” A party wall has two definitions in section 20. It can be either: a wall standing on the land of two owners to a greater extent than simply projecting foundations (Figures 1 and 2) or; the part of a wall standing on the land of one owner that separates the buildings of two owners

Question 7

What law relates to party wall

Answer 7

Party wall Act 1996

Question 8

What other laws dictate the way that you work ?

Answer 8

Town and Country Planning Act 1990 Wildlife Act 1981 Health and safety at work Act 1974 Highways Act 1990 Estate agency act 1979 Land registry Act 2002 Climate Change Act 2008 Data Protect Act 2018

Question 9

Under what part of the TCCPA did you discharge your s.106 conditions ?

Answer 9

S106A to modify or discharge planning obligations

Question 10

S106A to modify or discharge planning obligations

Answer 10

(a)restricting the development or use of the land in any specified way; (b)requiring specified operations or activities to be carried out in, on, under or over the land; (c)requiring the land to be used in any specified way; or (d)requiring a sum or sums to be paid to the authority on a specified date or dates or periodically.

Question 11

What are the s.106 tests

Answer 11

Under the CIL regulations 2010 (a)necessary to make the development acceptable in planning terms; (b)directly related to the development; and (c)fairly and reasonably related in scale and kind to the development.

Question 12

What is the bird nesting period ?

Answer 12

1st Feb- 31st January

Question 13

What is the penalty of breaking the law ?

Answer 13

Fines. Penalties that can be imposed for criminal offences in respect of a single bird, nest or egg contrary to the Wildlife and Countryside Act 1981 is an unlimited fine, up to six months imprisonment or both.

Question 14

Was there any hazardous material on the site when needing to demolish the building ?

Answer 14

Asbestos

Question 15

When was asbestos banned ?

Answer 15

When was asbestos banned ?

Question 16

What is the definition of a wayleave?

Answer 16

a right of way granted by a landowner, generally in exchange for payment and typically for purposes such as the erection of telegraph wires or laying of pipes

Question 17

a right of way granted by a landowner, generally in exchange for payment and typically for purposes such as the erection of telegraph wires or laying of pipes

Answer 17

a wayleave is a periodically renewed right of use by apparatus over or under someone else’s land for which payment is made. For example, electricity companies may put pylons or solar panels on your land and pay you rent.

An easement grants a permanent right to a person, company or statutory body, over land they do not own. For example, a gas company may put a pipeline through your land. It may make a single lump payment for this. Often no payment is made for an easement as it may already exist when you buy the land.

Question 18

What is a covenant, the two types that exist and the difference between them?

Answer 18

Restrictive and positive covenants

Restrictive covenants are rules preventing certain things from being done on the land, such as keeping animals or using the property for business purposes

Positive covenant is to maintain a driveway or fence

Question 19

what is the definition of covenant

Answer 19

An agreement or promise to do or provide something, or to refrain from doing or providing something, which is meant to be binding on the party giving the covenant (who may be referred to as the “covenantor”).

Question 20

Are you aware of the DDA Act 1995

Answer 20

It was repealed and replaced by the Equality Act 2010

Question 21

What is within the building regulations

Answer 21

A
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: Heat producing appliances and Fuel storage system

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 in relation to impact, opening and cleaning

Part P: Electrical safety

Part Q: Security - Dwellings

Part R: Physical infrastructure for high-speed electronic communication

Question 22

an you explain your understanding of rights to light. What is the process undertaken to mitigate a rights to light matter?

Answer 22

1. survey
2. review of impacted windows
3. run model
4. calculation/ reccomdation on cut backs
5. compensation
6. Insurance

Question 23

Are you aware of the difference between an agreed surveyor, building owner surveyor, adjoining owner surveyor.

Answer 23

Simply put, an Agreed Surveyor is a Surveyor who is acting mutually on behalf of both the Building Owner and Adjoining Owner.

Question 24

• Do you have experience in arranging for Party wall notices? if yes how did they affect the development. if no, what are the notices and what impact can they have on development.

Answer 24

Section 1: Line of Junction Notice.

Section 3 (for S2 works): Party Structure Notice.

Section 6: Notice of Adjacent Excavation.

Question 25

What act governs party walls ?

Answer 25

The Party Wall etc Act 1996

Question 26

What are Section 5 notices?

Answer 26

Under the Landlord and Tenant Act 1987, a freeholder who wishes to sell the freehold interest in a block of flats must first serve a Section 5 Notice on the flat owners, giving them the opportunity to buy the freehold to their flat, known as the Right of First Refusal.

Question 27

What law relates to tenants and landlords

Answer 27

Landlord and Tenant Act 1967

Question 28

What needs to happen to make a s5 notice compliant ?

Answer 28

A landlord who has not served an offer notice on all of the qualifying tenants on whom it was required to be served shall nevertheless be treated as having complied with this section—

(a)if he has served an offer notice on not less than 90% of the qualifying tenants on whom such a notice was required to be served, or

(b)where the qualifying tenants on whom it was required to be served number less than ten, if he has served such a notice on all but one of them