Legal and Reg Flashcards

1
Q

What is the definition of Regulation

A

A rule or principle governing behaviour or practice; esp. such a directive established and maintained by an authority.

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2
Q

Why was Building safety act 2022 introduced

A

introduced to improve building safety and fire safety after the Grenfell Tower disaster. The BSA 2022 came into force on April 1, 2023

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3
Q

Limitation periods - building safety act 2022 (BSA)

A

Under the limitation act 1980 claims can only be brought 6 years after the date of harm or 12 years for contracts made under the deed
Max of 15 years as there was an additional 3 years

BSA 2022 -

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4
Q

Why have you referred to both LGFA 1992 and 1988?

A

CT also uses part of the LGFA 1988 as this is where the definition of domestic property is held. I have also complied with LGFA 1988 during my time on NDR.

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5
Q

What does the LGFA 1992 hold for CT?

A

Refers to valuations being required and appeal process. Also contains what a composite dwelling is.

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6
Q

Talk me through Newbigin v Monk.

A

This was a NDR case on an office undergoing development. The case went between appeal courts until reaching the supreme court where it was determined the works rendered the property incapable of beneficial occupation and should be removed from the rating list.

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7
Q

Talk me through Domblides v Listing Officer.

A

This was a CT appeal where the concept of tone of the list was introduced into CT.

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8
Q

What does LGFA 1992 Section 3(3) say?

A

Defines what a composite dwelling is - A property with domestic and non-domestic parts.

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9
Q

How do you value a composite dwelling?

A

Value should be the relevant amount which can be attributed to domestic use.

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10
Q

What legislation was brought in after Grenfell?

A

Building Safety Act 2022 establishes new rules for the construction, refurbishment, and occupation of high-rise residential buildings. Fire Safety Act 2021 underscores the government’s commitment to ensuring the safety of high-rise and residential buildings.

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11
Q

What is an EWS1 form?

A

An EWS1 form, or External Wall System Fire Review certificate, is a document that assesses the fire safety of a building’s external walls.

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12
Q

What types of cladding are dangerous?

A

Aluminium Composite Material (ACM), High-Pressure Laminate (HPL), Metal Composite Materials (MCM).

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13
Q

Key cases for valuing composite dwellings?

A

Daniels (LO) v Monmouth School 2009 - Concerned the identification of a composite hereditament. Atkinson and others v Lord (LO) 1997 - dealt with the portion of the relevant amount to be attributed to domestic use.

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14
Q

What are the CT bands for England?

A

A-H

A - up to £40,000

B - £40k - £52k

C - £52k - £68k

D - £68k - £88k

E - £88k - £120k

F - £120k - £160k

G - £160k - £320k

H - Above £320k

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15
Q

What is improvement relief and when is it effective from

A

It can be given if you make certain improvements to your property on or after 1 April 2024

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16
Q

What is the purpose of improvement relief

A

to support businesses investing in property improvements,

The relief aims to prevent ratepayers from facing higher business rates bills solely due to property improvements

17
Q

Talk to me about the details of improvement relief

A

The relief is for 12 months based on the increase in rateable value from the qualifying works, the occupier must have been in occupation before and after the works have been completed and it can’t be passed on
Qualifying works include:
Works that increase RV
Completed on or after 1 April 2024
Increase floor area
Add new features or equipment eg aircon, heating or CCTV