Legal And Regulatory Flashcards
How many approved documents are there within the Building Regulations?
19
Name some of the Approved Documents
A - Structure
B - Fire Safety (Volume 1 Dwellings) (Volume 2 Non dwellings
C - Site Preparation and Resistance to Contaminants and Moisture
D - Toxic Substances
E - Resistance to Passsange of Sound
F - Ventilation
G - Sanitation, hot water safety and water efficiency
H - Drainage and Waste Disposal
J - Combustion appliances and fuel storage systems
K - Protection from falling, collision and impact
L1A - Conservation of Fuel and Power in New Dwellings
L1B - Conservation of Fuel and Power in Existing Dwellings
L2A - Conservation of fuel in power in new buildings other than dwellings
L2B - Conservation of fuel and power in exisitng buildings other than dwellings
M - Access to and Use of Buildings
P - Electrical Safety
Q - Security (Dwellings)
R - Physical Infrastructure for High speed electronic communication networks
7 - Materials and Workmanship
What is the RICS guidance for carrying out domestic surveys during COVID
Check whether clients are within an at risk group or shielding/has covid or symptoms. Ensure data is stored correctly.
Secure as much information as possible about the property beforehand and as part of a pre-inspection risk assessment
Sanitise hands
Ask pets to be contained in one room where possible
Maintain social distancing
Reduce contact with surfaces as much as possible anad ask for doors and loft hatches to be left open
Request occupiers leave the property if possible
Wear a face covering
When was the National Planning Policy Framework first published and what does it do?
27th March 2012 (updated 24th July 2018 and 19th February 2019)
It sets out the government’s planning policies for England and how these are expected to be applied
What is a lawful development certificate?
It provides official documentation/certificate from your local authority that the work is a permitted development under the current regualtions. Covers the extension when you sell and if the regulations change. It can also be used to establish if current use of the building is legal.
What is outline planning permission?
An application used to find out at an early stage whether or not a proposal is likely to be approved by the planning authority, before any substaintial costs are incurred.
If building work is completed that contravenes the Building Regulations and is not resolved through informal enforcement by the local authority, what formal enforcement actions can the Local Authority take?
Prosecute by the Magistrates Court with an unlimited fine (Section 35 and 35A of the Building Act 1984). Can be taken up to two years after completion of the offending work.
Action will usually be taken against the person carrying out the work (builder, installer or main contractor)
Alternatively, or in addition, the LA can serve an enforcement notice on the building owner requiring alteration or removal of work (under section 36 of the 1984 Act). If the owner doesn’t comply the LA can undertake the work itself and recover the costs of doing so from the owner. 12 month limitaiton on this from completion of the work.
An appeal to a Section 36 can be made to the Magistrates court under Section 102 of the Building Act
What are the Asbestos Regulations and when did they come into force?
Control of Asbestos Regulations 2012 - 6th April 2012
What is a desktop study?
A research study done from the office
What would you look at during a desktop study prior to a survey?
Any property information, floor plans, pictures, previous use and boundary etc
Flooding Risk
Radon Risk
It is in a mining area
Any health and safety risks
current use and condition of the site
Utilities/main service records
Any leases?
What equipment would you take with you on a survey?
Notebook Camera, Torch, ruler/crack guage Tape measure Disto Damp Meter Ladder Face Mask/Gloves/Shoe covers? Boroscope? Manhole lifter Spirit level Compass? Binoculars
How can you check that a disto is accurate?
Check it against a known distance/tape measure
Name some places you might find asbestos in a building?
Ceilings Boilers/lagging Roof sheets cladding rainwater goods floor tiles etc.
The RICS Surveying Safely GN lists items that a surveyor should consider prior to a site visit. Can you name some?
Travelling to and from site
Lone Working
Condition of the property
Is the site occupied?
Site use/Activity
Site Rules and Welfare
Do you need to go on a roof, is there access?
Is there scaffolding for access to high structures?
Are there likely to be any dangerous substances such as gas/asbestos/radiation
Diseases - i.e needles/clinical waste/vermin
Are any special access arrangements needed?
Any special hazards such as security/railway premises
Do you need to take access equipment such as a ladder
Any other equipment required, such as PPE
Environmental matters
Personal Matters
What are the Building Regulations?
The Building Regulations are made under powers provided in the Building Act 1984, and apply in
England and Wales. The current edition of the regulations is The Building Regulations 2000’ (as
amended) and the majority of building projects are required to comply with them. They exist to
ensure the health and safety of people in and around all types of buildings (i.e. domestic,
commercial and industrial). They also provide for energy conservation, and access to and use of
buildings.
What is deemed to constitute Building work under the Act?
Building Work’ is defined in Regulation 3 of the Building Regulations. The definition means that
the following types of project amount to ‘Building Work’:
• the erection or extension of a building;
• the installation or extension of a service or fitting which is controlled under the regulations;
• an alteration project involving work which will temporarily or permanently affect the ongoing
compliance of the building, service or fitting with the requirements relating to structure, fire, or
access to and use of buildings;
• the insertion of insulation into a cavity wall; and
• the underpinning of the foundations of a building.
• When do the Building Regulations apply?
When do BRs apply?
The Building Regulations apply to any building that involves the erection of a new building, the
extension of a building, the material alteration of a building, the installation, alteration or
extension of a controlled service or fitting
Name the Approved Documents?
A - Structure
B - Fire Safety
C - Site Preparation and Resistance to Contaminates and Moisture
D - Toxic Substances
E - Resistance to Sound
F - Ventilation
G - Sanitation, hot water safety and water efficiency
H - Drainage and Waste Disposal
J - Combustion Appliances and Fuel Storage Systems
K - Protection from Falling, collision and Impact
L - Conservation of Fuel and Power
M - Access to and Use of Buildings
P - Electrical Safety
Q - security in Dwellings
R - high Speed Electronic Communications Networks
7 - Material and Workmanship
How would you get building regulations approval for a project?
Anyone wanting to carry out building work which is subject to the Building Regulations is required
by law to make sure it complies with the regulations and to use one of the two types of Building
Control Service available:
a. the Building Control Service provided by your local authority or;
b. the Building Control Service provided by approved inspectors.
Who is responsible for ensuring compliance with the Building Regulations?
The primary responsibility for achieving compliance with the regulations rests with the person
carrying out the building work. So if you are carrying out the work personally the responsibility
will be yours. If you are employing a builder the responsibility will usually be that firm’s — but
you should confirm this position at the very beginning. You should also bear in mind that if you
are the owner of the building, it is ultimately you who may be served with an enforcement
notice if the work does not comply with the regulations.
What is the difference between Local Authorities and Approved Inspectors?
Local authorities are responsible for ensuring work complies with the Building regulations.
Approved Inspectors are approved by the Secretary of State to inspect, supervise and authorize
building works
Why did you select to use an approved inspector?
Because they are generally seen to be more responsive and open to giving advice.
Are there any timeframes involved with the appointment of an approved inspector?
If you appoint an approved inspector they need to serve an initial notice on the council and that
has to be validated 5 working days before the project commences.
What are the 2 types of Building Regulations Application?
Building Notice — for the use of minor works. No formal approval is given but the process is
quicker
Full Plan — this must be used for any type of building work including offices, factories, shops,
etc.
What documentation did Building Control provide?
Building Control will examine initial plans to approve the proposed works comply with Building
Regulations and provide a ‘Plan Certificate’. Following completion of the works, a ‘Final Certificate’
will be issued if the actual works comply with Building Regulations.
When are consequential improvements triggered for non domestic buildings under part L of the
Building Regulations?
When a building is over 1000m2 and the works involve significant extension/refurbishment and also
when extending or replacing a fixed building service. If this is the case then 10% of the value of the
works should be spent on improvements. The key is that it is reasonable and the payback will be
within 15 years.
What are enforcement options are available under building regulations?
If a person carrying out building work contravenes the Building Regulations, the local authority or
another person may decide to take them to the magistrates’ court where they could be fined up to
£5000 for the contravention, and up to £50 for each day the contravention continues after conviction
(section 35 of the Building Act 1984). This action will usually be taken against the builder or main
contractor, although proceedings must be taken within 6 months of the offence (section 127 of the
Magistrates Courts Act 1980). Alternatively, or in addition, the local authority may serve an
enforcement notice on the owner requiring them to alter or remove work which contravenes the
regulations (section 36 of the 1984 Act). If the owner does not comply with the notice the local
authority has the power to undertake the work itself and recover the costs of doing so from the
owner.
Are you aware of any recent changes to the building regulations?
Updates to Part B
Threshold for provision of sprinklers reduced from 30m to 11m.
Improved signage for floor numbers and wayfinder signage
Change to boundaries (?)
I notice that you were involved in the demolition and refurbishment for a church vestry. What
approvals did you require prior to undertaking the demolition?
Demolition is dealt with under the Building Act 1984. Generally, it requires six weeks prior
notice to be given to the Local Authority Building Control before demolition begins.
The Local Authority Building Control may decide to issue a notice within six weeks on receipt of
the notification to specify conditions that need to be met which may include precautions to
protect adjoining properties and the public.
Demolition work must also comply with the Construction (Design and Management)
Regulations 2007 and a health and safety plan produced by the principal contractor
Give 4 examples of work where planning permission is required?
New build construction on vacant site.
New build extension that is not a permitted development
Change of use that is not a permitted change of use
Increase in the height of a fence adjacent to a highway above lm in height
What is involved in the planning application?
Name of client, name of agent, site address, details of the works, details of proposed
materials,
plans and elevation drawings, design and access statement.
What is the timeframe for planning consent?
8 weeks from the validation of the application. Listed building consent can be longer
What recourse if it would have if the planning application had been rejected?
If I felt there were grounds to appeal then I could have prepared an appeal form stating the reasons
for the appeal with evidence. This can be appealed in the courts or to the Secretary of State within 6
months of decision.
What enforcement action can be taken?
A planning contravention notice requires the owner to provide information.
Enter land and property with 24 hours notice to investigate breaches.
An Enforcement Notice I requesting the breach be remedied.
Stop Notices can be issued
Is there a limit as to when enforcement actions can be taken?
Change of use to a single dwelling house 4 Years from completion of the works.
Everything else 10 years from completion of the works.
What is NPPF?
The National Planning Policy Framework sets out the Government’s planning policies for
England and how these are expected to be applied. The National Planning Policy Framework
(NPPF) was published on 27 March 2012. It is designed make the planning system less
complex and more accessible, to protect the environment and to promote sustainable growth.
What are the policies behind the NPPF?
• Sustainable development - At the heart of the NPPF is a presumption in favour of sustainable
development.
• Community decision Making - to give decision making power back to the local communities with
neighbourhood plans etc. therefore decentralised decision making is going to lead to greater
variation.
• Town centre Renewal — aims to encourage town centre vitality suggesting that edge of town
sites should only be used if connected to town centres or no viable town centre site available.
• Housing — Identify and update annually a supply of deliverable sites sufficient for 5 year
supply of housing.
What is a listed building?
A listed building is a building that has been placed on the Statutory List of Buildings of Special
Architectural or Historic Interest.
