Legal and Reg 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

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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.

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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

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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.

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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.

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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.

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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.

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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)

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9
Q

What is a section 18 notice ?

A

S18(1) of the Landlord and Tenant Act 1927 related to

Diminution of value
Supersession

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10
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.

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11
Q

What are the timescales attached to building control ?

A

Normally 5 weeks but can be extended to 8 weeks by agreement.

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12
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.

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13
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.

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14
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

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15
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.

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16
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

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17
Q

What types of properties is building regulations not applicable?

A

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

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18
Q

What is the time frame to make an appeal when a planning application is rejected?

A

3 months

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19
Q

Can you name some BS doc ?

A

459 – Building Lime
998 – Mortar
8000-12 - Decoration
1722 - Palisade fencing

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20
Q

Are you aware of any new approved documents?

A

Part O - Overheating

Part S - Electrical Car Charging

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21
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
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22
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

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23
Q

What are the main types of Building Regulations applications ?

A

Full plans
Building notice
Regularisation

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24
Q

What is the advantages and disadvantages of a full planning application ?

A

Advantages:
* 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:
* It is expensive to prepare detailed plans which include all the information necessary to carry out the work
* You have to programme the work to allow enough time to prepare plans and for them to be processed
* 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

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25
Q

What is the advantages and advantages of a Building Notice ?

A

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

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26
Q

What is a regularisation application ?

A

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

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27
Q

What are the types of planning applications ?

A

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

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28
Q

What is the main act in relation to planning ?

A

The Town and Country Planning Act 1990 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.

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29
Q

What is the purpose of The Town and Country Planning Act 1990?

A

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.

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30
Q

What legislation is linked to planning ?

A

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

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31
Q

What laws and regulation do you consider regarding dilapidations ?

A

Landlord and Tenant Act 1927
Dilapidations Protocol
Jervis v Harris

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32
Q

What is the case law of Jervis v Harris?

A

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.

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33
Q

What are the types of party walls ?

A

“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.”

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34
Q

What is the RICS Dilapidations document ?

A

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.

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35
Q

What is Planning ?

A

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.

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36
Q

What can happen if you have made changes to your property that require planning permission ?

A

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.

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37
Q

What is an enforcement notice ?

A

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.

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38
Q

What are the timescales attached to buildings that have not applied for planning permission ?

A

Can apply for a certificate of lawfulness for most buildings after 4 years, or for all other developments 10 years.

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39
Q

Can you give me some typical conditions attached to a planning application ?

A

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

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40
Q

What is the definition of unauthorised work ?

A

Construction work carried out to a listed building without planning permission.

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41
Q

What is an article 4 direction ?

A

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.

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42
Q

What is permitted development ?

A

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.

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43
Q

What legislation does it fall under ?

A

The Town and Country Planning (General Permitted Development ) Order 2015

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44
Q

Do it apply to everywhere (The Town and Country Planning (General Permitted Development ) Order 2015) ?

A

No, areas can be removed under an ‘ Article 4 Direction’’

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45
Q

What is an article 4 direction ?

A

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.

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46
Q

Can you give me some examples of works that fall within and outside of permitted development ? - check

A

Small extension
Loft conversion
Garage conversion
Porch
solar panels
Roof lights not facing highway etc.

Outside:

Major Extensions or Structural Changes: Large or multi-story extensions that exceed permitted size limits.
Demolition or Significant Structural Alterations: Demolishing buildings or making substantial structural changes, especially in protected areas.
Change of Use: Converting a building’s use (e.g., residential to commercial).
New Dwellings or Major Structures: Constructing new homes or major buildings.
Works in Protected Areas: Significant works in conservation areas or on listed buildings.
Significant Groundworks or Alterations: Major excavation or altering the landscape significantly.

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47
Q

What is the aim of permitted development ?

A

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

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48
Q

What is a lawful development certificate ?

A

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.

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49
Q

What are the advantages of permitted development ?

A

Faster timescales, if your works fall within the parameters you are not at the mercy of the planning department and or committee

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50
Q

What is the Town and Country Planning Act 1990 ?

A

Act of parliament which regulations the development of land in England and Wales.

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51
Q

What enforcement notices can be served ?

A

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.

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52
Q

What is S106 notice ?

A

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.

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53
Q

What is permitted development ?

A

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.

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54
Q

Tell me about the recent changes to permitted development.

A

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.

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55
Q

Give some examples of work where planning permission is required ?

A

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

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56
Q

What is the timeframe for planning consent?

A

Generally 8 weeks but there is a validation period first and has been extended in recent times.

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57
Q

What recourse if it would have been rejected (planning) ?

A

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.

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58
Q

What is NPPF?

A

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.

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59
Q

Types of planning application ?

A

ouseholder 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
* 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.
  • 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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60
Q

What is a design and access statement ?

A

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.

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61
Q

What are the timescales attached to planning application ?

A

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).

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62
Q

What are the key points within the Landlord and Tenant Act 1985 ?

A

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

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63
Q

What scales you typically see on plans?

A

OS Map = 1:1250,

Block plan = 1:500

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64
Q

What type of building applications are there?

A

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.

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65
Q

Which type of inspector did you use ?

A

Local authority building control officer or approved inspector.

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66
Q

What are the consequence of falling to comply with building regulations ?

A

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

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67
Q

What are the Building Regulations ?

A

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.

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68
Q

What is Approved Document L1A and L1B

A

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.

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69
Q

When were building regulation first introduced ?

A

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.

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70
Q

For what purposes can a Building Notice be used instead of a full Building Regulations submission?

A

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.

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71
Q

What are the advantages/disadvantages of using a Building Notice compared to a full Building Regulation submission?

A

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.

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72
Q

What are the key risks to the building owner/client of using a Building Notice?

A

A building notice application leaves the client at risk that completed works might not be approved, resulting in remedial costs.

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73
Q

Explain the Building Regulations 2010 and why we need them?

A

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.

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74
Q

When is a building regulation application not needed ?

A

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)

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75
Q

What buildings do not require building regs approval ?

A

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

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76
Q

What are the Building Regulations?

A

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.

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77
Q

What is deemed to constitute Building work under the Act?

A

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;

the underpinning of the foundations of a building.

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78
Q

What are approved documents?

A

Practical guidance on ways to comply with the functional requirements in the Building Regulations is contained in a series of 17 Approved Documents.

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79
Q

What is the difference between an Approved Inspector vs. Building Control ?

A

Approved Inspectors are businesses which work in the private sector as an alternative to Local Authority Building Control (LABC), so they are not an employee of the local authority.

An Approved Inspector will be registered with the Construction Industry Council (CICAIR) to advise and guide clients about the Building Regulations.

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80
Q

What is a Full Plans application?

A

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.

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81
Q

What is a Building Notice application ?

A

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.

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82
Q

What is deemed to constitute Building work under the Act ?

A

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

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83
Q

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

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84
Q

What is the difference between Local Authorities and Approved Inspectors?

A

Same thing, AI’s are just approved by the secretary of state.

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85
Q

Are there any time frames involved with the appointment of an approved inspector?

A

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.

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86
Q

Explain your knowledge of the Party Wall etc. Act 1996 ?

A

Prevents and resolves disputes in relation to party walls, party structures, boundary walls and excavations near neighboring buildings

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87
Q

. What are the required corridor widths?

A

Minimum 1200mm - use BS 8300 for obstructions.

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88
Q

When is building control approval required?

A

Under the building regs - anything classed as “building work”, e.g. erection/extension of a building, installation/extension of a service controlled under the regulations, cavity wall insulation, regulation 23.

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89
Q

What would the penalties have been if you had not received BR approval?

A

he Building Act - S35 -£5k & £50per day, S36 - removal / alteration of offending works, S37 - report detailing how works comply

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90
Q

Who can you use to certify works?

A

Local Authority BC - Full Plans / building notice. AI - full plans only. CPS - GasSafe

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91
Q

Why would you use an AI?

A

Speed, good working relationship.

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92
Q

What is included within a BR application?

A

Party Wall, programme, Fire safety / sewer, description of works.

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93
Q

What are the requirements for an employer under the CoA regs?

A

Duty holder must - make assessment to whether asbestos is or is likey to be present / condition / location & type / management of (management plan).
Must not carry out work that will expose employees to asbestos.

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94
Q

What are the fines for breaching the CoA regs?

A

No management plan - up to £20k or 6months imprisonment.
Serious breach - unlimited fine & 2years imprisonment.

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95
Q

Q. Why was the management plan not enough?

A

Didn’t intrusively test non surface areas such as below the vinyl and through M&E penetrations where works were to be undertaken.

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96
Q

What are 3 types of asbestos?

A

Chrysotile - white, Amosite - brown, Crocidolite - blue.

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97
Q

What information is required when instructing an Asbestos R&D survey?

A

Area of works, schedule of work to understand areas and requirements of the survey. Whilst planning these at the hospital, significant notice is required if areas are to be decanted.

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98
Q

What are common locations and materials asbestos can be found in?

A

Spray insulation, gaskets, vinyl tiles, tile adhesives, AIBs, ACP, AC RWG, WC seats & cisterns.

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99
Q

What is a Party Wall?

A

A wall which stands astride the boundary of land belonging to two or more different owners

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100
Q

What are the different types of notices?

A

Line of Junction Notice, Party Structure Notice, 3 meter Notice and 6 meter notice

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101
Q

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?

A

The Third Surveyor

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102
Q

What is the purpose of an Award (Party Wall) ?

A

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.

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103
Q

What is the main aim of the party wall Act?

A

To prevent delays to construction.
To enable an owner to undertake specific work
Protects neighbours

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104
Q

Under the Party Wall Act, who is an owner?

A

nder S20 of the act, an owner is someone with more than one years tenancy

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105
Q

What are the types of a party structure?

A

Type A – A wall astride the boundary
Type B – a wall wholly on one side which is enclosed on
Type C – Party fence wall

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106
Q

What are the duties of the Building Owner?

A

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.

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107
Q

What happens after serving the Notice?

A

Neighbour must respond within 14 days to consent or dissent, if no response, 10 day letter, if still no response, 10(4) appointment

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108
Q

What is an Award?

A

Document describing the works and the rights and duties granted to each owner in connection with the works they are proposing

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109
Q

When do you serve a section 2 notice?

A

Works to the party structure.

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110
Q

When do you serve a section 6 notice?

A

Excavating within 3 or 6m if the foundations cut the 45 degree line from the neighbouring foundations

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111
Q

What are special foundations?

A

Reinforced foundations

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112
Q

What is Right to Light?

A

Assessment of whether proposed obstructions are likely to interfere with neighbours easement of light.

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113
Q

When do the CDM Regulations apply?

A

The CDM regulations apply to every construction project

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114
Q

Give me some examples of the key duty holders of the CDM regulations.

A

Client
Principal designer
Principal contractor

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115
Q

Under CDM, is a Principal Designer required on all projects?

A

Yes, a principle designer must be appointed on all construction projects involving more than one contractor

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116
Q

When is a project notifiable under CDM?

A

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

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117
Q

What pieces of legislation are relevant to dilapidations ?

A

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.

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118
Q

Please give some examples of the guidance given in the RICS guidance note on dilapidations.

A

*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.

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119
Q

What is dilapidations?

A

Dilapidations refers
to breaches of lease
covenants that relate
to the condition of
a property during the
term of the tenancy or
when the lease ends

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120
Q

When would you serve a dilapidation ?

A

Interim served up to 3 years before the lease term ends and terminal served between 3 years and end of term.

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121
Q

What laws do you need to be aware of when preparing dilapidations reports ?

A

The Landlord and Tenant Act Leasehold Property (repairs) Act 1938
Dilapidations protocol
Jervis V Harris

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122
Q

What is Jervis V Harris Case Law ?

A

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.

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123
Q

What is the dilapidation protocol ?

A

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.

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124
Q

How do you prepare a schedule of dilapidations ?

A

Firstly, identify who your client is, the tenant or the landlord. I would then following the Pre-Action Protocol.
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 on behalf of the Landlord. 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 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.

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125
Q

What is the Landlord and Tenant Act ?

A

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.

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126
Q

What is a Schedule of Wants of Repair ?

A

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.

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127
Q

Explain what a Jervis v Harris clause is.

A

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.

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128
Q

When would you issue a Terminal Schedule of Dilapidations ?

A

Last 3 years of a lease

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129
Q

What is the current RICS document on Dilaps?

A

RICS Guidance Note – Dilapidations in England and Wales, 7th edition, 2016

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130
Q

Define dilapidations in three words?

A

Breach of lease

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131
Q

What are dilapidations ?

A

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.

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132
Q

What documents are required prior to a dilaps survey?

A

Lease, plans
Licenses to alter
Schedules of condition

133
Q

What lease clauses would you consider when consider a tenants dilaps liability?

A

Repair
Redecoration
Reinstate
Yield up
License to Alter
Surveyors fees
Statutory obligations

134
Q

Can fees be claimed ?

A

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).

135
Q

Describe a schedule of dilaps

A

A column for the clause number, description of breach, remedy, cost, tenant comments and their surveyors cost estimate.

136
Q

What are the three main types of dilaps schedules?

A

Interim
Terminal (Prior to Lease Expiry)
Final (After Lease Expiry)

137
Q

Up to when can you serve an interim dilapidation schedule?

A

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.

138
Q

What remedy can be sought from claims at the end of the term ?

A

Damages

139
Q

What remedies can be sought from claims during the term ?

A

Damages, forfeiture, entry to carry out repairs with a claim for costs (JvH clause)

140
Q

How is the assessment of loss calculated ?

A

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).

141
Q

How can you go about limiting a dilaps claim ?

A

Review the lease covenants, assess costs for claims, review what is actually being claimed

142
Q

Describe the two limbs of Section 18 of the Landlord and Tenant Act 1927 ?

A

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.

143
Q

What type of clause is often exercised during interim schedules ?

A

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.

144
Q

What is a break clause ?

A

Allows the landlord and or tenant to determine the lease before the contractual term ends

145
Q

Can you specify any key case law regarding dilapidations ?

A

Jervis 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.

146
Q

What was the purpose of the PLA protocol/CPR dilaps protocol ?

A

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.

147
Q

Do surveyors have to follow the protocol ?

A

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

148
Q

What is the process outlined in the (Dilapidations) Protocol?

A

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.

149
Q

What is a quantified demand ?

A

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.

150
Q

Are all dilaps claims subject to VAT ?

A

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.

151
Q

In terms of dilaps, if you were acting on behalf of the Landlord, what various inspections/reports could you prepare ?

A

Interim, terminal or final schedule of dilaps
Schedule of condition
Condition survey in relation to breaches of the lease.

152
Q

If a client asks you to act on their behalf if a dilaps situation, what questions would you ask ?

A

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?

153
Q

What is a part 36 offer ?

A

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.

154
Q

What does without prejudice mean? When would you use it ?

A

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.

155
Q

What is the difference between express and implied obligations ?

A

Express – terms that are specifically agreed within the contract
Implied – terms that are not mentioned but apply by way of statute or the courts.

156
Q

What relationship does a schedule of condition have to a schedule of dilaps ?

A

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.

157
Q

What is a section 146 Notice ?

A

Notice served by the landlord on the leaseholder to terminate the lease if the leaseholder is in breach.

158
Q

What is the process outlined in the Protocol ?

A

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.

159
Q

What is a quantified demand ?

A

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.

160
Q

Who are the duty holders under the Control of Asbestos Regulations ?

A

The duty holder is the owner/ managing agent/ asset manager of the domestic premises Leaseholder depends on the extent of maintenance and repair obligations.

161
Q

What duties does the gas safety (installation and use) regulations 1998 as amended place on landlords ?

A

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)

162
Q

How often must a gas safety check be carried out ?

A

Annually

163
Q

Who should carry out a gas safety certificate ?

A

Gas safe registered engineer

164
Q

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 ?

A

Housing act 2004 & Landlord and Tenant Act 1985

165
Q

Are you competent to undertake the role of principal designer ?

A

yes under CDM and the BSA . Under CDM, the primary duty of the Principal Designer is to plan, manage and monitor the pre-construction phase of a project and to co-ordinate matters relating to health and safety. the new Principal Designer duty holder must take ‘all reasonable steps’ to ensure the design work on a project is co-ordinated to demonstrate compliance with the Building Regulations.

166
Q

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 ?

A

Housing act 2004 & Landlord and Tenant Act 1985

167
Q

Who is the accrediting body for electrical installations?

A

NIC/EIC, Alexa

168
Q

Who is the accrediting body for Asbestos related works ?

A

ARCA (asbestos removal contractors association )

169
Q

Who is the accreding body for windows installation ?

A

FENSA

170
Q

Who is the accreding body for oil installations ?

A

OFTEC

171
Q

Who is the accreding body for wood burning stove applications ?

A

HETAS

172
Q

Who is the accreding body for gas boiler installations ?

A

Gas Safe

173
Q

Explain the Building Safety Bill 2021?

A

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.

174
Q

What are the future homes standards 2021 ?

A

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.

175
Q

What is the purpose of The Town and Country Planning Act 1990?

A

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.

176
Q

What is The Control of Asbestos at Work Regulations 2012

A

The act sets about guidance to monitor, protect and remove asbestos DUTY TO MANAGE - updated yearly

177
Q

What is The Housing Act 2004 ?

A

Was introduced to replace the Housing Fitness Standard with the Housing Health and Safety Rating System (HHSRS).

178
Q

Housing Grants, Construction and Regeneration Act 1996 ?

A

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.

179
Q

What is a British Standards ?

A

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.

180
Q

What is the Fire Safety Bill 2021 ?

A

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.

181
Q

What are EPC changes? SAP rating?

A

SAP calculations - EPC rating No buildings to be let after with EPC less than E Energy Efficiency Rating

182
Q

What are Approved Documents ?

A

Practical guidance on ways to comply with the functional requirements in the Building Regulations is contained in a series of 17 Approved Documents.

183
Q

What is a lawful development application ? When does this not apply ? What is the purpose of it ?

A

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.

184
Q

What is Approved Document K ?

A

Approved Document K - Protection from falling, collision and impact

185
Q

What are the types of planning applications ?

A

Outline.
Reserved matters.
Full planning (or detailed planning) permission.

186
Q

What are the type of Building Regulations applications ?

A

Full plan application. Under a full plan application, you will submit a set of final plans to building control.
Building notice application.
Regularisation application.

187
Q

What is a lawful development certificate ?

A

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.

188
Q

What is a Article 4 Direction ?

A

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.

189
Q

What is a licence to alter ?

A

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.

190
Q

What would an example of a normal liabilities within a lease be ?

A

Decoration every 3 years and within the last 6 months of the term

191
Q

What are the type of dilapidations inspections ?

A

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.

192
Q

What is the Party Wall etc Act 1996 ?

A

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.

193
Q

Can you expand on your knowledge of The Town and Country Planning Act 1990 ?

A

The Town and Country Planning Act (1947 first revision) 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.

194
Q

Can you expand on your knowledge of the Housing Grants, Construction and Regeneration Act 1996 ?

A

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.

195
Q

What is the dilapidations protocol ?

A

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
Q

When must you comply with Building Regulations ?

A

Always for any work

197
Q

What is the Woolf reform ? (dilpas)

A
198
Q

What is Endorsement (dilapidations) ?

A

the 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. 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.

199
Q

What is the landlord and tenant act ?

A

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.

200
Q

What is defined as building work under building regulations ?

A

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.

201
Q

Can you reference some of the approved documents ?

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 - 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 vehicle

202
Q

Give me some examples of when the Party Wall Act applies. (You have not mentioned this but given the type of work you are undertaking (domestic extensions), I would expect you to have good understanding of the requirements to safeguard your client’s interests.

A

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

203
Q

What is a design and access statement ?

A

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. This should include the relationship between buildings, the relationship between buildings and streets, squares, parks, waterways and other spaces

204
Q

What information should be included in the Design & Access statement?

A

Design and access statements may include plans, elevations and other illustrations, photographs and for large or complex schemes a model of the proposed development.

205
Q

What conditions were imposed on the application (if none think about those that could be included on alternative scheme

A

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.

206
Q

Briefly explain the process used by the local planning authority, when considering this application.

A

Consider the proposed application into relation to the guidance at national and local level, NPPF and a local plan.

207
Q

For what purposes can a building notice be used instead of a full building plans submission ?

A

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.

208
Q

Compare the advantages/disadvantages of using a building notice versus a full building plans submission ?

A

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.

209
Q

What are the key risks to the building owner/client of using a building notice ?

A

Works and detail are not defined for the works, put trust in the builder.

210
Q

What information was submitted as part of a planning application ?

A

Floorplans, elevations, roof plan, section details, site and location plan, services plan

211
Q

How are the fees for the submission calculated ?

A

Dependant on the application type

212
Q

Why would you recommend the requirement for a R&D survey ?

A

As per the CAR 2012 in relation age of the property

213
Q

What are the three most common parts of the party wall act ?

A

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

214
Q

What are the asbestos regs ?

A

Control of Asbestos 2012

215
Q

What is the Pre-Action Protocol enforceable by?

A

Civil Procedure Rules - The Civil Procedure Act 1997

216
Q

What is Pre-Action Protocol ?

A

Pre-action protocols explain the conduct and set out the steps the court would normally expect parties to take before commencing proceedings for particular types of civil claims.

217
Q

When did the PAP come into force?

A

Jan 2012

218
Q

What is Section 18(1) of the Landlord and Tenant Act 1927?

A

Limits or defines the amount of damages that a landlord is able to recover for breach of the tenant’s repairing covenants to the ‘diminution of value’.

Commonly referred to as having two limbs - the objective limb, and the subjective limb.

The objective limb refers to diminution in value, and that the true value is driven by the market (and not directly by the landlord’s interest or actual intentions regarding the disrepair in the property after the end of the term)

The subjective limb considers the landlord’s intentions and supersession (it prevents the landlord from recovering damages for any disrepair which is in fact superseded by the demolition or structural alterations that the landlord intends at the term date)

219
Q

What does Section 18(1) not apply to?

A

Overt lease obligations (non-repair), such as redecoration, removal or reinstatement - these are subject to alternative assessment.

220
Q

How do you calculate diminution of value?

A

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, hypothetically.

221
Q

What is the difference between a fixture and a chattel?

A

Consider the degree of annexation - can it be removed without causing damage to the property? If yes, its a chattel.

Some grey areas that could be considered chattels - partitioning, carpet, data cabling and kitchen.

222
Q

What is vacant possession?

A

Free of people and chattels and the occupier can assume and enjoy immediate and exclusive possession, occupation and control of it. Chattels unless otherwise agreed.

223
Q

When do you need Listed Building Consent?

A

For any works to a listed building or within its curtilage that affects its character

224
Q

What are the categories of listed building?

A

*Grade 1 - Exceptional historic interest
Grade 2 - More than special historic interest
*Grade 2 - Special historic interest

225
Q

What should you consider when making repairs to a thermal element?

A

The whole of the thermal element should be improved to achieve at least the U-value in Part L if more than 50% of the element is being replaced, or is part of a major renovation (25% of the external building envelope)

226
Q

What is a Section 27 Notice?

A

The tenant of a business lease has a statutory right to a lease renewal under the Landlord and Tenant Act 1954 (LTA 1954).
If the tenant does not want the tenancy to continue, it can serve a notice on the landlord under section 27(1) of the LTA 1954

227
Q

What is a Section 25 Notice

A

The Landlord of a business lease has a statutory right to a lease renewal under the Landlord and Tenant Act 1954 (LTA 1954).
If the Landlord does not want the tenancy to continue, it can serve a notice on the Tenant under section 25 of the LTA 1954. It must include the lease end date and either that you won’t oppose a renewal, or
that you don’t want to renew, for reasons you’ve legally set out.

228
Q

What happens if a tenant serves a counter notice to a Section 25?

A

If the Tenant does not want to leave and serves a counter notice, you must negotiate and then seek a court order to take possession of the property.

229
Q

What grounds can a Landlord refuse to renew a lease under the LTA 1954?

A

They have sold the property
*The landlord requires the building/premises for their own business.
*Scheduled redevelopment of the property.
*Missed rent payments.
*Breach of covenant to repair

230
Q

Who is the Principal Designers under the BSA 2022

A

It is intended that the Architect as the Lead Designer takes on the role of Principal Designer under the Building Safety Act

231
Q

What are the key findings under the BSA 2022?

A

Competence (of the designers, client and contractor) to ensure compliance with the Building Regulations
The Golden Thread (keeping a digital record of crucial building information – starting from the design phase and continuing throughout the building’s life-cycle.)
Duty Holder Clarifications
Accountable Person

232
Q

What is the Golden Thread?

A

The ‘golden thread’ of information, which in basic terms will act as a digital – and always-accessible – audit trail throughout the life of a building.

233
Q

What are the duty holder clarifications under BSA 2022?

A

Defined responsibilities for duty holders.

Anyone who might create a risk during their contribution to a construction or refurbishment – either as an individual or via a multi-disciplinary service provider – will be expected to manage that risk and its associated compliance demands

234
Q

What is the ‘Accountable Person’ under BSA 2022?

A

‘Accountable Person’ oversees and/or manages the building post-build.

This individual is accountable for registering the building with the Building Safety Regulator and regularly logging information about the building to reviewing risk assessments.

235
Q

What buildings need to be registered with the Building Safety Regulator?

A

All existing buildings over 18m or 7 storeys or more with two or more residences. The registration window is 6 months and commences April 2023.

236
Q

What happens after a building is registered with the Building Safety Regulator?

A

The accountable person will be invited to submit their Safety Management System for consideration by the Regulator.

The invitations will be sent on a priority basis and the whole exercise is expected to last five years and then continue on a 5 yearly review cycle.

237
Q

What are the Gateways under BSA 2022?

A

There will be no choice of Building Control provider for the buildings in scope and all building works, new build, extension, refurbishments will be subject to the control of the Building Safety regulator and the Gateway Approach.

The Gateway Approach:

Gateway 1 - the planning stage. Applicants will need to demonstrate that fire safety matters have been taken into account.
Gateway 2 –There will be a hard stop on construction which cannot begin unless the Regulator has approved the application.
Gateway 3 – at completion of construction. There will be a hard-stop on occupation to allow the Regulator to carry out final inspections and issue a Completion Certificate.

238
Q

Who is the Responsible Person under the FSA 2021 and what are their responsibilities?

A

The building owner. They must follow the prescriptive guidance regarding Fire Risk Assessments, and must ensure they are deemed competent. Competence can be defined using the Fire Sector Federation’s guide

239
Q

What amendments were seen to the FSA 2021?

A

Section 1 of the Act extends the provisions of the Fire Safety Order to the following parts of multi-occupancy domestic premises:

The building’s structure, external walls and any common parts.
The external walls include doors or windows in those walls, and anything attached to the exterior of those walls, e.g. balconies and cladding.
All doors between the domestic premises and common parts.

240
Q

What is Fire Risk Assessment Prioritisation Tool?

A

This will help you to identify which buildings to prioritise for a fire risk assessment review

241
Q

What are the changes to Fire Safety Act?

A

For all premises with common areas and 2+ premises

*Information to residents; annually and when they move in
*Fire risk assessment prioritisation tool
*Information on fire doors, i.e. look out and report damage

For 11m-17.9m:

*Fire door checks

For 18m+ or 7 storeys:

*Secure information box
*Wayfinding for the fire service
*Lifts and fire fighting equipment

242
Q

what is the main act for building safety act ?

A

The Building safety act 2022 takes over from the Building Act 1984

243
Q

What are the checks to fire doors FSA 2021?

A

For buildings over 11m:

Annual checks of all flat entrance doors
Quarterly checks of all fire doors to common parts

244
Q

What were the main changes to Part B?

A

Blocks of flats with their top storey more than 11m above ground level should be fitted with a sprinkler system throughout the building
*Floor identification signs should be provided on every landing of a protected stairway and every protected corridor/lobby into which a firefighting lift opens
* The ban on combustible materials in external walls

245
Q

Regulation vs an Act?

A

Legislation is statute and always has ACT
Regs are used to comply with the acts

246
Q

What is regulation 7?

A

Ensures building work is undertaken with adequate and proper materials which
* - Are appropriate for the circumstances in which they are used,
* - Are adequately mixed or prepared, and
* - Are applied, used or fixed so as adequately to perform the functions for which they are designed; and
Are undertaken in a workmanlike manner

247
Q

You mention percentages of thermal element replacement, what is this referring to?

A

Regulation 23 of Part L of the Building Regulations

248
Q

What is the purpose of the Party Wall Act?

A

Protects the Building owner and Adjoining owners assets when carrying out work applicable to the Party Wall Act
-Enables the Building owner to undertake the work
Provides a dispute resolution process

249
Q

What is included in a Party Wall Notice?

A
250
Q

What is a Party Wall Award?

A

Legal document setting out what, how and when work can be carried out and who will pay for it (including surveyor’s fees)

251
Q

What are the timeframes for serving a Party Wall Notice?

A

Depends on Notice Served

252
Q

How long is a PWA effective for?

A

12 months - 2 week cooling off period

253
Q

If your client wanted to reduce the notice period for PW works?

A

Have got written permission from the Adjoining owner

254
Q

Wall Notice for emergency works?

A
255
Q

What is an article 4 direction

A

Most common in Conservation Areas - A4D removes permitted development rights, generally due to the character of an area

256
Q

Types of Building Control Approval

A

Full Planning
Building Notice
Regularisation

257
Q

What is a Building Notice and when is it used?

A

-Plans are not required with this process so it’s quicker and less detailed than the full plans application.
-Domestic dwellings only.
-Does not check if the works comply with the Building Regulations.

It costs the same as a full-plans application

258
Q

How are the Building Regulations 2010 Enforced?

A

Building Act 1984- taken over by the building safety act 2022

259
Q

What is the purpose of the Building Act 1984?

A

Securing the health, safety, welfare and convenience of persons in or about buildings

260
Q

Why do you need to engage with an Approved Inspector/Building Control?

A

To comply with the Building Act 1984

261
Q

How long can Building Control enforce the Building Regulations

A

They have 12 months to serve a section 36 enforcement notice. After this they can apply for an injunction.

262
Q

What should you consider when undertaking roof works?

A

Undertake a bat risk assessment, under the Wildlife and Countryside Act 1981.

263
Q

What would a Local Authority do if a listed building is falling into disrepair?

A

-Urgent Works Notice
-Repair Notice
-Compulsory Purchase Order

264
Q

Why was there a gap between the Fire Safety Act being introduced and it coming into force?

A

To give people time to respond and prepare

265
Q

Do you know anything about proposals for changes to the Building Regulations?

A

Part Z proposals - mandating the assessment of whole life carbon, and setting limits on embodied carbon

266
Q

What do you know about the Construction Waste and Enviroment Act 2021

A

Seeks to improve air quality, biodiversity and resource efficiency.
Grants authorities powers eliminate avoidable waste by 2050 through
- Regulation of shipments of hazardous waste (e.g. asbestos)
- Banning or restricting export of waste to non-OECD countries
- Waste enforcement and regulation

267
Q

What is the difference between diminution in value and quantified demand?

A

Nature of Assessment:

Diminution in Value: Focuses solely on the decrease in market value of the asset.
Quantified Demand: Includes all measurable financial impacts related to the damage or loss, not limited to market value.
Scope:

Diminution in Value: A specific metric, primarily used in property damage cases, to reflect the difference in value.
Quantified Demand: A broader term that encompasses all calculated losses and expenses.
Purpose:

Diminution in Value: Often used to measure compensation for damage to physical property.
Quantified Demand: Represents the total compensation sought by a claimant, including but not limited to the diminution in value.

268
Q

Is a diminution in value only used in FRI (Full repair and insurance) leases?

A

It depends on the lease obligations for the tenant, as to if the Landlord believes it is worth the means expended in preparing the diminution in value

269
Q

Are you competent to prepare a diminution in value?

A

I can identify required repairs and price their remedy, however a chartered valuation surveyor should assess to what extent these repairs affect the freehold value of the property

270
Q

When do you require a design and access statement?

A

Typically for developments of 1000sqm or more, 10 or more dwellings or conservation area/listed building.

271
Q

Why do we use British Standards?

A

Best practice and defensible.

272
Q

What is a deed of variation?

A

A document that modifies the provisions of a lease, appended to a lease and signed by both parties.

273
Q

Is there a difference between ‘good’ or ‘substantial’ repair and condition?

A

Generally no. Case law suggests it is based on the age, location and use of the property.

To make it reasonably fit for the occupation of a tenant of the class who would be likely to take it - Proudfoot vs Hart.

274
Q

Is ‘keep in repair’ different to ‘put in repair’?

A

Generally no, as the former assumes the property was in repair at the start of the lease, which it may not have been.

275
Q

Say you have a 1980’s kitchen and the tenant has been in occupation for 40 years. The kitchen is in disrepair and requires complete replacement, how would you advise they are required to carry out these repairs?

A

I would review the specific terms of the lease. Provided there was no specific obligation to reinstate like for like, or make improvements, I would advise them that they are not required to return something that is ‘wholly different’ and to resinste using similarly functional and price-range materials from when they took occupation. The repairs should not improve the value of the property.

276
Q

Is ‘good repair’ different to ‘repair’?

A

Yes, as ‘good repair’ indicates an obligation for repair without ‘disrepair’.

277
Q

What is the difference between repair and reinstatement?

A

Reinstate is usually something that is no longer there, for instance a removed partition or an installed teapoint may reinstate the premises by removing it. Repair is usually something that is not functioning as it should be, such as easing a door.

278
Q

What does ‘to maintain’ refer to?

A

Generally keep in operating condition.

279
Q

How do you decide if liability has arisen?

A

Using Dowding’s 5 stage approach.

What is the physical subject-matter of the covenant?
Is the subject-matter in a damaged or deteriorated condition?
Is the nature of the damage or deterioration such as to bring the condition of the subject-matter below the standard contemplated by the covenant?
What work is required in order to put the subject-matter of the covenant into the contemplated condition?
Is that work nonetheless of such a nature that the parties did not contemplate that it would be the liability of the covenanting party?

280
Q

When can the Landlord bring a damages claim?

A

If they have

served a Notice in compliance with Section 146 of the Law of Property Act 1925 in relation to the breach of covenant;
served the Notice at least one month before bringing the claim for damages; and
referred to the tenant’s rights under the LPRA 1938 in the Notice itself
The tenant has 28 days to serve the landlord with a counter-notice.

If the tenant does serve a counter-notice, the landlord must obtain permission from the Court before it can either bring a claim for damages or take steps to forfeit the lease pursuant to the disrepair.

281
Q

What is Housing Grants, Construction and Regeneration Act 1996 also known as?

A

The Construction Act 1996

282
Q

What is the Scheme for Construction Contracts?

A

The scheme applies and steps in when construction contracts have not complied with the Construction Act. It either supplements the contract where it has deficiencies, or replaces it where it is non-compliant.
Part 1 - makes provision for adjudication
Part 2 - makes provision for (stage) payment

283
Q

Why do we have the Scheme for Construction Contracts

A

It enables construction contracts to remain remain capable of performance, whilst allowing regulatory control over their provisions.

284
Q

What is the construction industry scheme?

A

The Construction Industry Scheme (CIS) sets out a series of rules for how contractors should make payments to sub-contractors. The scheme was introduced in order to try and prevent the loss of revenue to the Exchequer arising from payments between contractors not being properly accounted for for tax purposes

285
Q

What is the difference between the Construction Industry Scheme and the Domestic Reverse Charge

A

The reverse charge applies to the whole service, whereas CIS payments to net-status sub-contractors are separated and no deductions are made on the materials content.

.The reverse charge means the customer receiving the specified service must pay the VAT directly to HMRC instead of the supplier.

Works where there is a reverse charge is still reported through the CIS.

286
Q

Who is considered a contractor, e.g. for the purposes of the Construction Industry Scheme?

A

Those that spend more than £3m over a 3 year period

287
Q

What are the responsibilities of the Contractor in the CIS?

A

Checking with HMRC that sub-contractors are registered under the Construction Industry Scheme
Paying sub-contractors in accordance with procedures laid down by HMRC once the sub-contractor has been verified. These include procedures for making deductions and for issuing payment and deduction statements
Submitting monthly CIS returns to HMRC giving details of payments made to sub-contractors under the scheme.

288
Q

What are the advantages of the CIS?

A

Clears up ambiguity to protect contractors from unexpected tax bills or administrative burdens chasing up payments

289
Q

What are the disadvantages of the CIS?

A

Large administrative burden
Penalties

290
Q

Why are wood wool slabs a deleterious material?

A

When placing concrete against the wood wool soffit shutters, inadequate compaction of the concrete could occur due to the compressible nature of the board. This lack of compaction resulted in voids and honeycombing on the soffit of the slab sometimes leaving no cover to the reinforcing steel.

Some also contain asbestos.

291
Q

what is the difference between wood wool slabs and strammitt boards

A

Stramit can be confused with wood wool slabs, which are wood shavings bound in cement (as opposed to straw bound in paper for flat roofs)

292
Q

What is stramit board?

A

Straw bound in paper for flat roofs. Sometimes lined with asbestos.

293
Q

Why is stramit board a deleterious material?

A

When used in flat roof construction they can lose their structural capacity after becoming wet. Stramit board is often thought to contain asbestos

294
Q

What is woodwool?

A

Wood shavings bound in cement - used in thermal insulation, acoustic insulation and indoor decoration

295
Q

When procuring works for government organisations what did you consider?

A

The public contract regulations 2015

296
Q

What are the requirements of public contract regulations 2015?

A

Publicly subsidised works must conform to the public contract regulations 2015 if they meet a certain threshold.. Aggregate rules apply.

297
Q

What should you consider when using find a tender (OJEU successor)?

A

Programme and advertising early, as it can take up to 52 days.

298
Q

What are the requirements of the public contract regulations?

A

Achieving value for money using the following principles:

Non-discrimination.
Free movement of goods.
Freedom to provide services.
Freedom of establishment.
Equality of treatment.
Transparency.
Mutual recognition.
Proportionality.

299
Q

What is an easement?

A

A right over someone else’s land

A positive easement is a right of way
A negative easement is a right to light

300
Q

What is an injunction?

A

Special court order that compels a party to do or refrain from specific acts.

301
Q

What are right to light rules of thumb?

A

Uninterrupted enjoyment for 20 years
50% loss of light
Generally the bigger the window, the more value is placed on the loss

302
Q

What does reasonable adjustment mean?

A

Will remove or reduce the disadvantage – the employer should talk with the person and not make assumptions
Is practical to make
Is affordable
Could harm the health and safety of others

303
Q

When is an employer required to make reasonable adjustments?

A

If the person is placed at a substantial disadvantage because of the disability compared with non-disabled people or people who don’t share the disability

304
Q

Where might ‘reactive’ adjustments not apply?

A

Public service buildings are required to be ‘anticipatory’, e.g. schools and hospitals

305
Q

Why might the requirements under Part M not be sufficient in the eyes of the law?

A

Compliance with Part M dos not signify broader compliance with the duties under the Equality Act and therefore utilising advice from other bodies may be required.

306
Q

When would a gas leak be RIDDOR reportable?

A

As a dangerous occurrence if released
Flammable gas released
If it caused 7+ incapacitation of a worker (noted if more than 3)
If it causes injury to a member of the public

307
Q

What is a Calderbank offer and when might it be used?

A

It refers to ‘without prejudice save as to costs’. The court is unable to refer to the offer except when dealing with the question of costs at the end of the proceedings.
The court has complete discretion to decide what weight should be given to the offer when considering costs.

308
Q

How is a Calderbank offer different to a Part 36 offer?

A

It can be used when a P36 does not apply. The Part 36 offer allows the court to consider the full offer and not just the costs.

309
Q

What should a P36 offer include?

A

Be in writing;
State on its face that it is intended to have the consequences of Section I of Part 36;
Specify a period of not less than 21 days within which the defendant will be liable for the claimant’s costs in
accordance with rule 36.10 if the offer is accepted;
State whether it relates to the whole of the claim or to part of it or to an issue that arises in it and if so to which part or issue; and
State whether it takes into account any counterclaim.

310
Q

What are the advantages of settling dilapidations outside of courts?

A

Quicker
Simpler
Often cheaper

311
Q

When can you make a P36 offer?

A

As long as its not on a small claims track (less than £10,000)

312
Q

What costs would a Calderbank offer refer to?

A

All costs associated with the claim

313
Q

What time period would a P36/Calderbank offer be made?

A

Part 36 offers can be made at any time up to the time of judgment, and even before court proceedings are issued

314
Q

What does Without Prejudice save as to costs mean?

A

The term “without prejudice save as to costs” means that this protection applies until the court delivers a judgement, and after this process, the court may use their communications to decide how to award costs

315
Q

When is planning permission required?

A

For external construction or development where permitted development does not apply

316
Q

What is permitted development?

A

Right under the permitted development order include

Where the development does not exceed 50% of the building’s curtilage (land)
Certain sheds etc

317
Q

What is the difference between the responsible person and the accountable person?

A

FSA - responsible person
BSA - accountable person (the dutyholder)

318
Q

What finalises a dilapidations agreement?

A

Dilapidations Settlement Agreement

319
Q

Why do we undertake refurbishment and demolition surveys?

A

Nobody will be harmed by work on ACM in the premises or equipment;
such work will be done by the right contractor in the right way

320
Q

What is the difference between licensed and non-licensed asbestos works?

A

If a license is required to undertake the works. This depensds on the level of risk. Both can be notifiable to the HSE depending on the amount of exposure and risk to the general public

321
Q

If there was no break clause, but parties wanted to end the lease, what options do they have?

A

Deed of surrender

322
Q
A

chrysotile (serpentine ) - WHITE BANNED IN 1999
tremolite - Amphiboles (other) 1985

323
Q

What is outline planning

A
324
Q

In an office reburishment design what elements would require BC approval

A
  • certificates - third party accrediaction - fire
  • accesibility
  • esacpe
325
Q

what scale would your proposed drawings ?

A

1:1250

326
Q

What are the two bodies that can act as building control

A
  • local authority
  • Building Control
327
Q

Why would you use an imporved inspector

A

have specialist knowledge and experience with a particular sector or construction method, which may prove very useful depending on your project’s requirements. It’s also common for an architect to recommend an Approved Inspector with whom they have a good working relationship.

328
Q
A