Legal and regulatory Flashcards
Talk me through your advice to a client on the party Wall etc Act 1996.
I have advised my client on the party wall procedure in my feasibility for esmond road. One of my suggestions was to introduce a new dwelling by incorporating a basement conversion. I included in my report that due to the depth of foundations and the likely requirement to install structural steels into the wall would require both section 2 and section 6 notices under the party wall act.
Provide some examples of where you have been invovled with work under the party wall act.
I have been involved with many different projects acting as both BOS and AOS. I have acted as BOS for a property in islington where a party fence wall needed to be rebuilt. I developed the section 2 notices, issued them to the AO communcaited with the AO, took out inspections and SOC and developed the award.
How have you advised clients on statutory obligations.
I have advised clients on different obligations in different projects at varying stages. In SBHG, I advised on planning requirements for the replacement of rear doors to their stock. As flats do not have the same permitted development rights. I have also advised clients with stock of over 11m on their requirement for quartely checks of all fire doors and annual check of all flat entrance doors of the updated Fire safety regulations 2022
Emma House, cladding
What information did you consider when replacing the timber cladding and balcony strips
Emma house is a block of flats that exceeds 18m approved document B height. An intrusive investigation and report was completed and a report was produced by the fire engineer. I considered the Euroclass performance requirements of materials to meet the Fire rengineers recommendations, minimum of A2, to meet option 1 of EWS1. I also considered the existing fixing structure of the strips and cladding to ensure constructability while minimising cost.
Emma House, cladding
Did you advise your client to contact their insurers about the suggested system
When the report was issued by the fire engineer I advised the client to contact their insurers. When selecting the systems for specifcation I recommended that the client check with their building insueres to ensure they would continue to insure the property if they were installed.
Stanmer Road, Party Wall
What notices had been served on your client?
My client was served with a section 2 notice as the boundary fence wall was going to be deconstructed and rebuilt to one of the properties. A section 6 notices was also issued as the basement excavations were within 6 meteres and intersected the 45 degree angle line from the existing foundations of my clients properties.
Stanmer Road, Party Wall
Were they the correct notices?
Once I was appointed I requested all of the architectural and structural drawings for review. From review I was able to check that the notices that were issued were correct for the notifiable works being completed.
Stanmer Road, Party Wall
At what stage were you apoointed?
I was appointed once my client had dissented the works upon receving the notices. I was contacted by my client and issued them a letter of appointment to act as their surveyor under the act.
Stanmer Road, Party Wall
Was there a schedule of condition prepared jointly before the work commences?
Yes there was a schedule of condition compelted of all properties that had been served notices. I liased with the residents to ensure all areas affected were accessible.
Stanmer Road, Party Wall
Why did you not refer the dispute to the third surveyor?
The discussion and negotiation was still ongoing at the point of my reference to the relevant case law. Once presented the BOS requested we present the sow for the repairs required. If the BOS had continued to dispute our position, I would have notified them that our position would be notify the third survyeor of the matter for resolution.
Stanmer Road, Party Wall
When should a thrid surveyor be agreed.
The third surveyor should be agreed when both party surveyors are appointed.
Stanmer Road, Party Wall
Why did you not recommend that your client consult a solicitor?
The matter was still within the capacity of the act. The consultation of a solicitor and legal proceedings could potentially impose significant cost and tme expenditure for my client. If the matter continued into a dispute after the involvement of the third surveyor I would have advised my client to consult a solicitor.
Pond Close/ Emma Rothschile, planning
What are your qualifications to undertake distance attenuation calculations for the noise produced by the units?
The calculations were only indicactive to ensure that the internal decible levels would not exceed that included in the BS and meet requirements of the noise policy statement. The calculations were not to be used for the design of the system.
Wigston Close, Impact damage repairs
Was the wall considered a dangerous structure, if so what action did you take.
The wall was considered as a dangerous structure due to the damage. The tenants were removed from the property. The wall was then propeed and hoarded off to ensure that the property would not collapse and pedestrians would not be in danger.
When does a property require planning permission?
New constructino on vacant site
Non-permitted change of use
Any works that are likely to affect the appearance of a property
What are the clients responsibilties under CDM?
Appointing relevant duty holders
Providing sufficient time and resources
To provide adequate welfare
Principal designer and principal contractor carry out their duties
What are air source heat pumps and how do they contribute to sustainbility?
Air source heat pumps transfer heat from the outside into heating system via liquid heat transfer
This is then used to supplement the heating of the hot water system
This then helps to reduce the energy/fuel consumption used to heat the hot water system
Pond Close/ Emma Rothschile, planning
Why did the installation of ASHP’s require planning permission?
More than 1 unit was to be erected outside of the property
Application was related to HMO/ Old peoples home
Installation had to ensure that it would not adversely affect the residents
Pond Close/ Emma Rothschile, planning
How did you determine the residents would not be adversely affected?
Units had to be placed close to existing boiler system
Use of distance attenuation calculation to determine dBL against BSBS8233:2014 - max for bedroom at night 30dBl
Noise produced by units was then reduced by the noise insulating properties of walls
Adapater was also installed to allow units to be programmed and turned off at specficic times
What is the noise policy statement for England?
Aim to mitigate or avoid the adverse affect of noise heard on sustinable developments
Assesses impact of noises created
Summarises them in the hierachy table
Pond Close would be : No observed affect Level
What is the role of the adjoining owner’s surveyor?
Reviewing notices and drawings to verify validity
Co-ordiate and selct third surveyor with BOS
Attend property to understand impact of works and confirm accuracy of drawings
Negotiate and develop party wall award with BOS
Give ongoing advice to adjoining owner
What is a section 1 notice?
Section 1 - Line of junction notice
Construction of party wall/fence or boundary external wall up to or astride boundary
If no consent, wall must be built entirely BO land though footings can extend
Consent must be obtained from adjoining owner
What is a section 2 notice?
Section 2 - Works to party walls and certain other boundary structures
Raise, demolish, cut into, reparir, thicken, underpin party walls or structures
Notice be served two months before notice
Footings are allowed to extend in to adjoining land
What is a section 6 notice?
Section 6 - Adjacent excavation
6 (1), excavation within 3m of building structure lower than existng foundatinos
6 (2), excavation within 6m of AO building that when line drawn from face of building at 45 degrees will cut through foundations
At Stanmer Road, which party wall notices were served and why?
Section 2 - Underpinning and rebuilding of rear boundary structure
Section 6 - New foundations within 3m of existing property
At Stanmer Road, why did you recommend the client schedule the cost of damages to the property?
Once the BO had notified me that notifable works had been completed, I completed a post inspection. In more than one property there was evidence of cracks opening up, due to the underpinning. Especially in the areas of the overcroft. I recommended the client shedule the items with costs from their maintence supply chain to recover the costs in lieu from the BO.
At Stanmer Road, what was the relevance of Harbutts v plasticine?
BOS rejected costs for repair of areas where residents had made poor attempts to fill cracks caused by underpinning
Harbutts v plasticine states the rationale that cost should be provided for repair or replacement if there it is the only method
Even though cracks had been filled by resident, the only way to repair them properly was to remove resident works and repair
What are notifable works under the party wall act?
Works that are related to party wall structures that require notices to be issued under the party wall act.
Emma House, how did you know that pre-application advice would not be benefical?
Colleagues on other projects had attempted fro pre-applcication advice that did not expedite the process
I checked the LPA website and determined it would be a minimum of 6 weeks
Who are the duty holders under the Control of Asbestos Regulations?
The duty holder is the owner/ managing agent/ asset manager of the domestic premises
Leaseholder depends on the extent of maintenance and repair obligations
What pieces of legislation are relevant to dilapidations?
Section 18 of the Landlord and Tenant Act 1926
Dilapidations Protocol (property liaison association 2002
Split into two limbs A the landlord cannot claim more than the dimintion 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.
What RICS guidance note is availble on dilpaidations?
Dilapidations in England and Wales, 7th Edition
Please give some examples of the guidance given in the RICS guidance note on dilapidations.
Sets out the role of the surveyor to act in accordance with the Dilap Protocol
Fees must be contractural
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.
Are you aware of any environmental legislation relevant to the work you undertake?
Climate Change Act 2008 (80% below 1990 levels 2050)
Control of Pollution Act 1974 - noise, air, water, waste
When do the CDM Regulations apply?
The CDM regulatons apply to every construction project
