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, claddingWhat 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, claddingDid 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 WallWhat 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 WallWere 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 WallAt 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 WallWas 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 WallWhy 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 WallWhen should a thrid surveyor be agreed.
The third surveyor should be agreed when both party surveyors are appointed.
Stanmer Road, Party WallWhy 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, planningWhat 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 repairsWas 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 siteNon-permitted change of useAny works that are likely to affect the appearance of a property
What are the clients responsibilties under CDM?
Appointing relevant duty holdersProviding sufficient time and resourcesTo provide adequate welfarePrincipal 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 transferThis is then used to supplement the heating of the hot water systemThis 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 propertyApplication was related to HMO/ Old peoples homeInstallation 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 systemUse of distance attenuation calculation to determine dBL against BSBS8233:2014 - max for bedroom at night 30dBlNoise produced by units was then reduced by the noise insulating properties of wallsAdapater 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 developmentsAssesses impact of noises createdSummarises them in the hierachy tablePond Close would be : No observed affect Level
What is the role of the adjoining owner’s surveyor?
Reviewing notices and drawings to verify validityCo-ordiate and selct third surveyor with BOSAttend property to understand impact of works and confirm accuracy of drawingsNegotiate and develop party wall award with BOSGive ongoing advice to adjoining owner
What is a section 1 notice?
Section 1 - Line of junction noticeConstruction of party wall/fence or boundary external wall up to or astride boundaryIf no consent, wall must be built entirely BO land though footings can extendConsent must be obtained from adjoining owner
What is a section 2 notice?
Section 2 - Works to party walls and certain other boundary structuresRaise, demolish, cut into, reparir, thicken, underpin party walls or structuresNotice be served two months before noticeFootings are allowed to extend in to adjoining land
What is a section 6 notice?
Section 6 - Adjacent excavation6 (1), excavation within 3m of building structure lower than existng foundatinos6 (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 structureSection 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 underpinningHarbutts v plasticine states the rationale that cost should be provided for repair or replacement if there it is the only methodEven 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 processI 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 premisesLeaseholder 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 1926Dilapidations 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
Under CDM, is a Principal Designer required on all projects?
Yes, a principle designer must be appointed on all construction projects involving more than one contractor
When is a project notifiable under CDM?
If it exceeds 30 days + 20 workers or exceeds 500 person days
Using an example, explain advise you have given to your client in relation to the Regulatory Reform (Fire Safety) Order.
Under the order my clients must take reasonable steps to reduce the risk from fire and make sure people can safely escape if there is a fire.With that statement in mind, I advie my client if I see inadequate fire doors, communal obstructions, lack of signage.
What are the approved documents?
A-StructureB-Fire safetyC-Site preperation and resistance to contaminatnts and moistureD-Toxic SubstancesE-Resistance to soundF-VentilationG-Sanitation, hot water safety and water efficiencyH-Dranage and waste disposalJ-Combustino applicanes and fuel storage systemsK-Protection from Falling, Collision and ImpactL-Conservation of fuel and powerM-Access to and from buildingsO-OverheatingP-Electrical safetyQ-Security in dwellingsR-Infrastructure for electronic communcationsS-Infrastructure for chargin electric vehicles
Explain the Building Safety Act 2022?
Brought in to make buildings and residents saferBuilding Safety Regulator which will sit within the Health and Safety Executive. including taking over the building control role 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.Also introducing more measures into preventing leaseholders to paying costs.
What are the future homes standards 2021?
In 2019 the government introduced a legally binding target to reduce greenhouse gas emissions to net zero by 2050.New Build and Existing BuildingsProposes a ban on fossil fuel boilers from 2025decrease in emissions of 75 to 80% compared with current levels.
What is the purpose of The Town and Country Planning Act 1990?
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.
What is The Control of Asbestos at Work Regulations 2012
The act sets about guidance to monitor,protect and remove asbestosDuty to manage updated yearlyDestination flow chart
What is TheHousingAct 2004??
Was introduced to replace the Housing Fitness Standard with the Housing Health and Safety Rating System (HHSRS).
The housing health and safety rating system (HHSRS)
risk-based evaluation tool to help local authorities identify and protect against potential risks and hazards to health and safety from any deficiencies identified in dwellings. 29 housing hazards and the effect that each may have on the health and safety.
Housing Grants, Construction and Regeneration Act 1996?
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.
What is the Fire Safety Bill 2021?
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.
EPC changes? SAP rating?
SAP calculations - EPC rating No buildings to be let after April with EPC less than CEnergy Efficiency Rating
Where might you find asbestos?
Ceiling, walls, floors, ducts cement sheets ACMInsulating boardsspray coatings, pipe insulation
What are the types of asbestos?
CHRYSOTILE (WHITE)AMOSITE (BROWN)CROCODOLITE (BLUE)
That are the three different types of work category for asbestos?
Licenced Non-licencedNotifiable Non-Licenced
What is permitted development?
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
What is a listing? What listing status are there?
It is the term of listing buildings, monuments, national parks, battlefields and wreck sites.Grade I – buildings of exceptional interestGrade II* - Buildings of particular importance more so than special interest.Grade II – buildings of special interest.
What is listed building consent?
Any works to alter, extend or demolish a listed building in a way that affects its character will require LBC. Listed status covers the entire building and therefore to even change windows, you may require LBC.
Why do you need to comply with building regulations?
To ensure that all new construction and alterations are stable and safe to use without risking life or causing harm to the environment.
How do you serve party wall notices?
Firstly, I obtain the owners details from land registry, I will then review the drawings to confirm what works are being carried out that might be notifiable under the PWA. I will then prepare the relevant notices which include the BO and AO details, the notifiable works and when the BO wishes to start the works. Where works fall under S6, I include a site plan and foundation detail as required by the act.
What is dilapidations?
Breach of the lease obligations
What laws do you need to be aware of when preparing dilapidations reports?
The Landlord and Tenant ActLeasehold Property (repairs) Act 1938Dilapidations protocolJervis V Harris
What is Jervis V Harris?
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.
What must a notice include under the party wall act?
NAME?
What are the responses to a notice?
NotingConsent to the worksDissent to the works
What happens is you do not receive a response to a party wall notice?
If they fail to respond in 14 days, then you can serve a request on the AO to appoint a survey within 10 days. If they do not you have appoint a surveyor their behalf.If section two you can build the wall entirely on your own land.
What happens if the adjoining owner consents to work under notice?
They may express consent in writing with any terms for their consent i.e. for a schedule of condition.If consented they are still able to dissent other works later down the line.
What happens if the adjoining owner dissents to works under the notice?
The owners may agree for a single surveyor to act i.e. agreed surveyor.If not each party will select a surveyor who will then agree a third surveyo in case of disagreement
What is a pre-inspection under party wall act?
Understand the construction and nature of works proposedNo required, but often a schedule of condtion will be taken
Stanmer Road, Party WallWhat was the nature of the development?
It was the introduction of a new dwellling behind my clients properties. It involved signifcant excavations, underpinning and raising of party fence walls.
Stanmer Road, Party WallWhat was your role in the project?
I carried out adjoining owners surveyors duties.I was involved after the point of the notifiable works being complete. I carried out post inspections and cross referenced them against the existing schedules of condition.I then advised the client that we should seek remedials against the building owner.
Stanmer Road, Party WallWhat damage did you identify during the post inspection?
There was significant cracking that had appeared to the properties in close proximity to underpinning. Specifically to the areas that were in the overcroft. Where structural less supported.
Stanmer Road, Party WallWhat advice did you give your client?
I advised them that the notifable works were the likley cause that of the damage and the BO would be required to make good.I advised I would contact them with my evidence of the damage.
Stanmer Road, Party WallHow did you notify the building owners surveyor?
I presented the schedules of condition and the more recent photographs and schedules of condition.I included a covering email outlining that the damage was the cause of the works and the remedials that would need to be completed.
Stanmer Road, Party WallWhat was the BOS’s res[pnse to the damage notification?
They advised that they would be happy to rake and fill cracks where they have occured, but their building owner should not be subject to redecorating.His argument that this would then be improving the property from its original state before the damage had occured.
