Legal and Reglatory compliance Flashcards
What is CDM
Secondry legislation under HASWA the construction design management regulation originally published in 1994 following the publication of a european directive, updated in 2007 and most recently in 2015.
The aim of CDM is to ensure health & safety is considered throughout the entire project process, from conception all the way through the maintenance and demolition.
Who are the duty holders under CDM
Client, Principle Designers, Designers, Principle Contractors, Contractors.
What are the clients duties under CDM
Ensure that duty holders are appointed,
Ensure welfare facilities are provided,
Ensure sufficent time and resources are allocated.
What are the Principle designers duties under CDM
Inform the client of their CDM duties,
Planning, managing and monitoring health and safety in the pre-construction phase,
Liase with the principle contractor to help in the coordiination of the construction phase.
What are the Designers duties under CDM
Ensure that they have the necessary skills, knowlage and experties,
Cooperating with others in the project team,
Reduce risks as much as reasonably practicable where they cannot be eliminated.
What are the Principle Contractor duties under CDM
Planning, Managing and Monitoring of the construction phase,
Coordinating the work of the contractors,
Pass on any information that relevant to the health and safety file to the principle designer.
What are the Contractor duties under CDM
Planning, Managing and Monitoring of construction work under their control,
Cooperating with other duty holders,
Establishing whether health and safety training in necessary for any worker.
When is a project notifiable under CDM
When the project lasts for longer than 30 working days with atleast 20 workers working simultaniously or exceeding 500 person days. At this point the client has a duty to complete an f10.
What are the consequences of failing to comply with building regulations.
Failure to comply with the requirements of the Building Regulations can result in formal enforcement action being instigated under the provisions of section 35 and 36 of the Building Act 1984.
no completion/final certificate will be issued if there is no building regulation sign off this will appear on a land search preventing the sale of the property.
What is section 35 of the Building Act 1984
Section 35 - breach of building regulations - If there is a breach a person is liable on summary conviction of a magistrates court to a fine not exceeding level five (currently £5,000.00) and a further fine not exceeding £50.00 for each day the default continues after conviction.
What is section 36 of the Building Act 1984
Section 36 - removal or alteration of offending work - Without prejudice by notice, require that the owner of the property; pulls down or removes the work or if the owner so elects, to effect such alterations to make it comply with the regulation.
What is section 37 of the Building Act 1984
Section 37 - obtaining a report where a section 36 notice is given - The person upon whom a section 36 notice has been given, may by notice to the local authority within 28 days or longer if allowed for by the magistrates court.
What are the consequences of failing to comply with planning
Enforcement notice - An enforcement notice is a legal document that can be issued when there has been a breach of planning control. a breach is defined in the Town and Country Planning Act 1990 as development carried out without the proper planning permission, or failure to comply with a condition or limitation on permitted development rights.
What are the consequencesof failing to comply with an enforcement notice
The issuing of an enforcement notice is followed by a period for compliance during which the recipient must either comply with the notice or lodge an appeal. Where the compliance period is ignored planning authorities can apply for Confiscation Orders to recover any financial benefit obtained through the development which was unauthorised.The authority also has the power to enter land to carry out the notice requirements themselves.
What did the case Wokingham Borough Council v Scott demonstrate
Wokingham Borough Council v Scott demonstrated that enforcement notices were issued but not complied with resulting in injunctions and the dwellings being demolished
What does and enforcement notice contain
The notice should detail the following:
- What the breach is.
- The remedies that are required or the activities that must cease.
- How to appeal against the notice.
What are some primary forms of enviromental legislation
Environmental Protection Act 1990
Energy act of 2011
Wildlife and Countryside Act 1981
Clean Air Act 1993
When undertaking construction works a construction environmental management plan this often demonstrate complicane with current enviromental Acts, Orders, Regulations and Policy.
What is the Enviromental Protection Act 1990
Environmental Protection Act 1990 - made up of seven parts.
The Environmental Protection Act 1990 makes provision for the improved control of pollution to the air, water and land by regulating the management of waste and the control of emissions.
What is the Energy act of 2011
Energy act of 2011 - The Act includes key provisions relating to; The Green Deal, The private rented sector, The Energy Company Obligation.
What is the Wildlife and Countryside Act 1981
Wildlife and Countryside Act 1981 - Is the predominant piece of nature conservation and wildlife protection legislation in Great Britain. The act is divided into four sections; Part I: Protection of wildlife, Part II: Countryside and national parks’ Part III: Public rights of way, Part IV: Miscellaneous.
What are some secondary forms of enviromental legislation
Contaminated Land Regulations
Control of Asbestos Regulations 2012
Control of Noise
Control of Substances Hazardous to Health 2002
Environmental Permitting 2016
Environmental Protection Act 1990
Hazardous Waste Regulations 2005
Town and Country Planning Regulations 2012
Waste Management Licensing Regulations 1994
What are some enviromental policies.
The Waste Management Plan for England, Green Deal, Renewable heat incentive, Feed-in tariff, CRC Energy Efficiency Scheme,
What is the Green Deal
Green Deal - The Energy Act 2011 included provisions for the ‘Green Deal’, a Department of Energy and Climate Change (DECC) initiative offering a mechanism for funding energy efficiency improvements.
What is the Renewable Heat Incentive
Renewable heat incentive - was launched by the UK government in November 2011 to help reduce greenhouse gas emissions and meet targets to reduce the effects of climate change.
What is the feed in tariff
Feed-in tariff - A feed-in tariff is when payments are given by energy suppliers if a property or organisation generates their own electricity using technology such as solar panels or wind turbines. It closed to new applicants on March 31, 2019.
What are some acts that are relevant to Landlord and Tenant
Landlord and Tenant Act 1985, Commonhold and Leasehold Reform Act 2002, Rent Act 1977, Housing Act 1988, Tenant Fees Act 2019,
What is the Landlord and Tenant Act 1985
Landlord and Tenant Act 1985, sets bare minimum standards in tenants’ rights against their landlords; sections are as follows;
Sections 1 to 3A - require that landlords give basic information to tenants regarding their identity.
Sections 8 to 10 - the property will be fit for human habitation.
Sections 11 to 17 - place mandatory duties on landlords to repair properties.
Sections 18 to 30 - limit any “service charges” that a landlord can charge a tenant.
Section 27 - tenant’s notice to terminate
Sections 36 to 39 - contain definitions.
What is a section 27 notice
If the tenant does not want the tenancy to continue, it can serve a notice on the landlord under section 27(1). If the tenancy is already continuing under section 24 of the LTA 1954, the tenant can serve a notice to bring the tenancy to an end under section 27(2).
What is the Commonhold and Leasehold Reform Act 2002
Commonhold and Leasehold Reform Act 2002 - is an Act of the Parliament of the United Kingdom. It introduced commonholds, a new way of owning land similar to condominiums, into English and Welsh law.
What is the Rent Act 1977
Rent Act 1977 - protects tenants of residential property by preventing landlords charging them unfair rents and by giving them the right to remain in occupation of a property even after the contract term of the tenancy has ended.
What is the Housing Act 1988
Housing Act 1988 - governs the law between landlords and tenants. The Act introduced the concepts of assured tenancy and assured shorthold tenancy. It also facilitated the transfer of council housing to not-for-profit housing associations.
What is the Tenant Fees Act 2019
Tenant Fees Act 2019 - prohibiting landlords and agents from charging any fees to tenants, other than those ‘permitted’ by the Act
What is a licence to alter
Depending on the conditions of the lease and the nature of the alterations it is likely that a licence to alter will be required from the landlord giving the leaseholder permission to carry out the alterations.
What is required within a licence to alter
- A description of the works.
- The programme for the works.
- Drawings showing the existing and proposed layout.
- Structural drawings and calculations.
- Building services drawings.
- Specifications.
- Risk assessments and method statements.
- A copy of the F10 notification.
- Evidence of insurances.
- Evidence of necessary planning permission, buildings regulations permission and other statutory approvals
What works typically do not require a license to alter
Minor changes that might be permitted without the permission of the landlord could include; putting up shelves, redecorating, laying new carpets, and so on.
What works typically do require a license to alter
Typically, works that require a licence might include altering; the structure, building services, internal walls or doors, external windows, e.c.t
Can a landlord reject a licence to alter
The Landlord and Tenant Acts require that permission is not unreasonably withheld, and in some situations, alterations which are necessary to comply with statutory requirements, cannot be withheld.
What is betterment
Betterment is an improvement that adds the value to a property or facility. Betterment is a topic of particular relevance to defective building works and involves consideration of both measure of damages and mitigation.
What is the case Harbutts Plasticine Limited v Wayne Tank & Pump Co Limited (1970)
plaintiffs were not required to give credit under the heading of betterment merely because they had replaced an old building with a new one of modern design.
What are betterment repairs
Generally, if repair works are carried out to a higher standard than was necessary, the betterment will be deducted from any damages claimed. However, if the claimant had no choice other than to carry out the works in that way, then no deduction will be made.
When you need Building regulations approval
- Replace fuse boxes and connected electrics
- Install a bathroom that will involve plumbing
- Change electrics near a bath or shower
- Put in a fixed air-conditioning system
- Replace windows and doors
- Replace roof coverings on pitched and flat roofs
- Install or replace a heating system
- Add extra radiators to a heating syste
When is Building regulations approval not required
- Most repairs, replacements and maintenance work (except heating systems, oil tanks, fuse boxes and glazing units)
- New power and lighting points, or changes to existing circuits (except around baths and showers)
- Like-for-like replacements of baths, toilets, basins and sinks
How can you apply for Building regulations approval
There are two ways in which you can apply for building regulations applicaiton;
- Local authority - You can apply for approval from your council.
- Private - You can apply through a private approved inspector who is a member of Construction Industry Council Approved Inspectors Register
How are Building Regulation Authority fees calculated
Local authority base their fees on the costs of their work, like site inspections. What you’ll pay depends on the; type of work involved, number of dwellings in the building, total floor area
What types of building regulations approval are there
- Full plans
- Building notice
- Regularisation
What is a full plans building regulations approval
Full plans - This is the most thorough option. You can expect a decision within 5 weeks, or 2 months with your consent. You’ll get a completion certificate within 8 weeks of completion of the building work as long as it complies.
What is a Building notice building regulations approval
Building notice - This type of application is only for smaller projects. You can start work 2 days after your notice has been submitted to your Local Authority. You do not get formal approval like you do with full plans.
What is a Regularisation building regulations approval
Regularisation - You can apply for ‘regularisation’. It is retrospective approval for work already carried out without consent from a local authority.
What is a Building regulations application
To comply with the Building Act 1984 and the subsequent statutory instruments known as the Building Regulations, Building regulations approval is required to construct certain structures in England and Wales.
What are the use classes
A, B, C & D revoked in sept 2020
E(a) Display or retail sale of goods, other than hot food
E(b) Sale of food for consumption on the premises
E(c) Professional services
E(d) Indoor sport, recreation or fitness
E(e) Provision of medical or health services
E(f) Creche, day nursery or day centre
E(g) activities residential area
F1 Learning and non-residential institutions
F2 Local community
Sui Generis
What does the Localism Act 2011 allow for A4
It allows the community to identify pubs of community value to have an “extended food provision”
What is prior approval
Prior approval is required when changing some uses e.g. A1-B2 under “General Permitted Development Order 2015”
Seen as halfway between permitted development and Planning Permission. The prior approval is assessed against the criteria set out in the order.
What is a change of use under prior approval is assessed against?
- Noise
- Odor
- Waste storage
- Opening Hours
- Highways impact
- Loss of A1/A2
- Design
What is Sui Generis
Sui Generis describes activities that fall outside of the use classes. Planning Permission is always required for a change of use to a Sui Generis.
What are some examples of a Sui Generis use
Launderettes
Casino
Betting shop
Payday loan shop
What is an ancillary use under change of use
An ancillary use is a secondary use for the building e.g. a restaurant with a takeaway service
What are the limitations to an ancillary use under change of use
- it must support the principle activity
- its income must not exceed that of the primary use
- no fixed definition of an ancillary use
What are some updates to Approved Document B
The latest changes came into force in November 2020;
Sprinklers - A reduction in trigger height from 30m - 11m
New signage recommendations within flats above 11m
- New locations - protected corridors/lobbys
- Protected stairway landings - Text dimensions - 50mm text height
- 75mm floor text height - Sign height - between 1700mm-2000mm
- maintained at consistent height
What are some updates to Approved Document L
A CPD by kingspan forcasted new backstop u-values
Floors - 2013 - 0.25
- 2020 - 0.18
Walls - 2013 - 0.30
- 2020 - 0.26
Roofs - 2013 - 0.20
- 2020 - 0.16
Introduction of the primary energy factor - PEF was developed to provide a more accurate measure of overall energy. It records the energy from the following activities;
- Planting/Vultivation, Extraction, Prosessing, Transportation, Transmittion.
What are some updates to Approved Document M
The latest changes to Approved document M came into force in January 2021;
At least 1Nr changing toilet in the following buildings;
Assemly, recriation, entertainment (more than 250 people)
Shopping centres more than 30,000m2
Retail premises over 2,500m2
Cemetries
Hospitals and primary care centres
Sports and leisure facilities more than 5,000m2
What is PAS 2035:2019
PAS 2035 acts as the over-arching document within the new Retrofit Standards Framework, covering how properties are assessed, the specification of EEMs and long-term monitoring.
What are the Retrofit Roles under PAS 2035:2019
PAS 2035 specifies the retrofit roles as follows:
Retrofit Advisor Retrofit Assessor Retrofit Coordinator Retrofit Designer Retrofit Evaluator
What is the TrustMark under PAS 2035:2019
Where work is carried out by a PAS 2035 certified contractor the work is be lodged into the TrustMark Data Warehouse and is used as a mark of quality.
What is the TrustMark Data Warehouse under PAS 2035
A database of work carried out by a PAS 2035 certified contractors.
Who is PAS 2035 for
All those engaged in the management, design and installation of energy efficiency measures in existing buildings.
What is the Draft Building Safety Bill
The Draft Building Safety Bill came about due to a series of building failures from Ronan point but particullay Grenfell. Following the Building safety programme, the Hackitt Reveiw and The fire safety bill 2020.
The draft was issued for professional bodies to provide comment before legislative affect
What are the sections to the Draft Building Safety Bill
There are 5 sections to the Bill;
1 - an overview of the Bill
2 - Provisions regarding the building safety regulator (HSE) with key definitions of “higher risk buildings” and “building safety risk”
3 - Amendments to the Building Act 1984 including the regulator (HSE) must maintain a register of approved inspectors and building control aprrovers
4 - Imposes duties on accountable persons and building safety managers
5 - Supplimentary provision including the new home ombudsman scheme and provision about the regulation of architects.
Who are duty holders under Draft Building Safety Bill
most of the roles are the same as CDM including; Client, Principle Designer, Designer, Principle Contractor and Contractor. Other roles have been introduced;
Accountable person - Often the building owner. Duty holder during the ongoing building occupation and responsible for building safety.
Building Safety Manager - Understand fire and structural issues within the building. A new profession that no body is currently qualified for. Different to that of a fire safety inspector under the RRO.
What is Regulation 7
Regulation 7 provides guidance on materials and workmanship, i.e. the use of the appropriate materials for a construction and how those who are working on the building must behave in a workmanlike manner.
What is the Criminal court structure
Magistrates Court >Crown Court > Court of Appeal > Supreme Court
What is the Civil court structure
County Court > High Court Justice > Court of Appeal > Supreme Court
What are the types of Party wall notice
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
What is The Party Wall etc. Act 1996
The Party Wall etc. Act 1996 is an enabling Act, insofar as it grants the owner of a property the legal right to undertake certain works that might otherwise constitute trespass or nuisance.
What is the Building Act 1984?
The Building Act 1984 is the primary, enabling legislation under which secondary legislation such as the building regulations are made. It’s basic aims are;
- Securing the health, safety, welfare and convenience of persons in or about buildings and of others who may be affected by buildings or matters connected with buildings.
- Furthering the conservation of fuel and power.
- Preventing waste, undue consumption, misuse or contamination of water.
The Building Act also sets the legal status of the “approved documents”, which provide general guidance on how specific aspects of building design and construction can comply with the building regulations.
What is HASWA 1974
HASWA is a piece of primary Health and Safety legislation in the UK and was introduced in 1974, was updated in the 90s with the six-pack regulations including PPE regulations and manual handling operations regulations. It places the following duties on employers;
- Ensure the health, safety and welfare of employees at work
- Other persons are not exposed to health and safety risks
- The premises are safe and without risk
What is a dilapidation claim
the overall process associated with the allegation of a breach of lease/tenancy in relation to the condition or use of a commercial property.
What is the dilapidation protocol
The ‘Pre-Action Protocol for Claims for Damages in Relation to the Physical State of Commercial Property at Termination of a Tenancy’.
It describes the conduct the court expects the parties to follow before commencing proceedings in relation to a dilapidations claim.
What are the types of dilapidation
Interim - during the lease
Terminal - the last 3 years to 18 months of the lease
Final - after the expiry of the lease
What is contained within a schedule of dilapidations
Details of documents relied upon, Itemised number reference, Relevant lease clause, The alleged breach, The remedy (if required), The cost of the remedy (if required).
What are dilapidation remedies
During the lease;
Damages - capped at landlords reversion cost
Forfeiture - end of the lease, notice must be served under Law and property act, reasonable time must be given to rectify the breach.
Specific performance - the court orders performance of a contractual obligation.
Entry to carry out the work - may be a lease clause that allows the landlord to enter the property to complete the works, they then can claim back the cost from the tenant.
After lease - Damages only.
How are dilapidations settled
Negotiations - undertaken on a without prejudice basis with both parties or their surveyors with the view of narrowing any differences to settle at a figure suitable for both parties.
ADR - ENE, mediation, independent expert determination, adjudication or arbitration
What are some typical lease clauses that you will review in preparation of a dilapidations survey
Definitions - specific terms are defined to avoid interpretation
Service charges - these items will not be subject to a dilapidations claim
Alterations - landlord permission must be sought and cannot be unreasonably withheld.
Right to sublet
Yeild up - Re-instatement at the end of the lease? is a notice required?
Termination of lease -
Statutory obligations - CDM, energy performance & MEES
What is Planning Permission
Planning permission is the legal process of determining whether proposed developments should be permitted. Responsibility for planning lies with local planning authorities.
What is the Town and Country Planning Act 1990
The Town and Country Planning Act 1990 superseded the 1947 Act. The Act States the policies and general proposals for the development and other use of land in its area; Takes account of the policies at national and regional level.
What are some planning reforms;
Localism Act (2011)
National Planning Policy Framework (2012)
Permitted development (2013)
Design and access statements (2013)
What is the Localism Act (2011)
The Localism Act sets out a series of measures intended to transfer power from central government to local authorities and local communities. It introduced neighborhood planning and reforms the community infrastructure levy.
National planning policy framework NPPF
The National Planning Policy Framework (NPPF) sets out the Government’s economic, environmental and social planning policies for England
2021 Revision - The government published plans to update measures to ensure fire safety matters are incorporated at the planning stage for schemes involving a relevant high-rise residential building.
What are some criticisms of the NPPF
- Ambiguity over the definition of sustainability
- Lack of guidance for local communities.
What are the principles of the NPPF
The original NPPF set out 12 core principles, some of which include;
- Should encourage mixed-use development.
- Should conserve heritage.
- Should maximise the use of public transport, walking and cycling.
What are some guidance under NPPF
The framework set out detailed guidance under 13 subheadings, some of which include;
- Requiring good design.
- Promoting healthy communities.
- Protecting Green Belt land.
What are the types of planning consent that can be sought
Householder planning consent Full planning consent Outline planning consent Reserved Matters Listed building consent Advertisement consent Prior approvals
What is Full planning consent
A full planning application is required when making detailed proposals for developments which are not covered by a householder application or permitted development rights. Most applications will require a:
Site/Block plan
Design and access statement
Location plan
What is Outline planning consent
Outline planning applications are used to gain an understanding as to whether the nature of a development is acceptable, this can help ensure viability up front. Specific details known as ‘reserved matters’ can then be confirmed later.
What are Reserved matters
An application for Approval of Reserved Matters is only required when the applicant already has outline planning permission for a development. This cannot be used as a stand-alone application for planning permission
What is Listed building consent
An application for listed building consent should be submitted for all applications requiring alteration, extension, or demolition to a listed building.
What is Permitted development (2013)
You can perform certain types of work without needing to apply for planning permission. These are called “permitted development rights”. Some examples of this is;
Installation of antenna and satellite dishes (up to specified sizes).
Gates, fences, walls and other enclosures (no more than 2 m high).
The provision of certain hard surfaces and means of access to a highway.
What are Design and access statements (2013)
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.
Design and access statements are only required for buildings of more than 1,000 sq. m, housing developments of 10 dwellings
What is FLOS
Approved Document F - Ventilation
Approved Document L - Conservation of Fuel and Power
Approved Document O - Overheating
Approved Document S - Electric Vehicle Charging Points
One key change that is shared by all of these is commencement of a scheme, all properties must have commenced not just a portion.
What are some provisions Part O introduced.
Came into force in June 2022 Approved Document O - Introduced to combat overheating in properties which is a a large risk to venerable persons.
- Introduced the requirement for dynamic thermal modeling or
- Requirement for cross ventilation
- Limit solar gain considering; shading systems, orientation, area of south facing glazing.
What are some provisions Part S introduced.
Came into force in 2022 it introduced requires that certain buildings with associated parking must have access to electric vehicle charge points.
What are some provisions Part F introduced.
Came into force in June 2022 the new part F was introduced with O,L&S to help UK deliver net zero. It introduced;
Requirements for recirculation air
Requirement for indoor air quality monitoring in occupiable rooms
Indoor air pollutant guidance values, added fomaldehyde, ozone and TVOC
Guidance on CO2 monitoring
What are some provisions Part L introduced.
Came into force in June 2022 the new part L was introduced with F,O&S to help UK deliver net zero. It introduced;
Air testing to every dwelling opposed to a sample
Minimum new fabric efficiency standards - better U-Values
Introduction of Target primary energy rate, takes into account energy production alongside the efficiency of a home’s heating system.
BREL - Compliance that what was built was as per design information and need for photographic evidence of compliance.
What is section 18.1 of the Land Lord and Tenant Action 1927?
18(1) has the practical effect of limiting or defining the amount of damages that a landlord is able to recover for breach of the tenant’s repairing covenants.
