Legal and reg Flashcards
What is legal regulatory compliance?
Process of adhering to laws, regulations, standards set by the government and other regulatory bodies
What legislations affect your job role?
Building Safety Act 2022
Party Wall Act 1996
Health and Safety at Work Act 1974
Regulatory Reform Fire Safety Order 2005
Building Regulations
Explain the Party Wall Act 1996
Law regulating construction on shared walls and boundaries. Grants rights to undertake works by notice and provides dispute resolution mechanisms.
What is a party wall?
A wall on the boundary of two properties
May lie wholly on one property but serve both
Includes separation walls/floors in buildings.
How does the Building Safety Act 2022 affect your job role?
Improves safety standards in UK buildings
Oversight by BSR
Affects design, construction, and management of high-risk buildings.
What different notices are there under the Party Wall Act?
Section 1: Line of Junction
Section 3: Party Structure
Section 6: Adjacent Excavation
When would a Section 6 - Adjacent Excavation Notice be issued?
When building within 3m of neighbour’s foundations, or within 6m at a lower depth than at a 45° angle from neighbours lowest foundation point.
What is the role of a Party Wall Surveyor?
Manages disputes, drafts Party Wall Awards, acts impartially, inspects, and ensures legal compliance.
What happens if the adjoining owner consents the party wall notice?
Work can proceed
Recommended to put together a schedule of condition
The owner is liable for damages.
What happens if the adjoining owner dissents the party wall notice?
Owner may proceed under Section 1
Section 3/6 triggers dispute resolution process starts with a surveyor being appointed. This can be individual or a combined surveyor for both parties. They prepare a party wall award. This can be appealed at county court.
What are the timescales within the Party Wall Act 1996?
Minimum notice periods:
Section 1: 1 month
Section 3: 2 months
Section 6: 1 month
14 days for the adjoining owner to respond
10 days to appoint a surveyor if a dispute is triggered
What is primary legislation?
Main laws passed by Parliament, e.g., Acts or Statutes. Provide legal framework.
What is secondary legislation?
Detailed laws made by ministers under powers from primary legislation to implement and enforce laws.
What are some examples of primary and secondary legislation?
Primary: Building Act 1984
Secondary: Building Regulations 2010
What is national policy?
Overarching government guidelines, e.g., National Planning Policy Framework.
What are local policy documents?
Local plans and strategies tailored to specific area needs.
What different building control applications are there?
Full plan application
Building notice
Listed building consent
When is a full plan application required?
When close to public sewer, fronting private street, or related to fire safety or Building Safety Act.
When may a construction project fall under permitted development?
If criteria of Town and Country Planning Order 2015 are met (e.g., small extensions, lofts, solar panels).
What is a full plan building control application?
Used for new builds or large projects; includes detailed plans and requires approval before work starts.
When is a full planning building application not required?
- If building notice is submitted
- minor works
- registered under competent person scheme
- listed buildings differ.
What legislations govern the UK planning system?
Town and Country Planning Act 1990
Listed Buildings and Conservation Areas Act 1990
General permitted development order 2015
What are the different types of planning applications?
Outline
Full
Listed Building Consent
Conservation Area Consent
Reserved Matters
Householder
What are the timescales for a full plan application?
Submit before starting work; decision typically in 5 weeks; inspections occur during construction.
