Legal and Regulatory Flashcards
What is the RICS Dilapidations Guidance Note?
It provides practical guidance for RICS members on handling dilapidations matters, covering claims during and at the end of a lease term, including those against landlords
What kind of thing does the RICS Dilapidations Guidance Note say?
Emphasizes professional objectivity
Adherence to RICS rules
Preperation advice and templates of dilapidations documents
Overview of ADR methods
VAT advice
Supersession and Diminution advice
Importance of clear communication and collaboration
What is the Dilapidations Protocol?
A set of rules that govern how landlords and tenants handle disputes over property repairs after a lease ends. It’s also known as the Pre-Action Protocol
Is the Dilapidations Protocol mandatory?
No, but is expected conduct by the courts and so if it ends up in court, it can result in negative consequences regarding costs awarded in a dispute
Who created the dilapidations protocol?
The Property Litigation Association (PLA) produced the Protocol in consultation with the Royal Institution of Chartered Surveyors (RICS)
What is the Control of Asbestos Regulations 2012?
UK legislation that governs the management, use, and disposal of asbestos to protect workers and the public from asbestos-related health risks
What is The Town and Country Planning Act?
Controls land development in England and Wales
What is asbestos?
Naturally occuring friable material. Inhaling can lead to asbestosis and/or cancer.
When was asbestos used and when was it banned?
Used from early 20th century until its complete banning in November 1999.
What are the three types of asbestos and their severities?
In order of their severity:
Crocidolite (Blue)
Amosite (Brown)
Chrysotile (White)
Where is asbestos found?
Commonly in insulation, adhesives and roofs
Why was asbestos used?
Resistance to heat, chemical damage and is a good insulator.
Who are duty holders under the Control of Asbestos Regulations 2012?
Can be be building owner, leaseholder or person/organisation with clear responsibility for the building’s maintenance.
What are the responsibilities of duty holders under the Control of Asbestos Regulations 2012?
Assess whether asbestos is present and arrange survey accordingly
Arrange for an asbestos register
Arrange for an asbestos management plan and keep to it
Provide information to anyone who might disturb asbestos
Review
Which buildings does the Control of Asbestos Regulations 2012 apply to?
Commercial buildings and common parts of multi-occupancy residential buildings.
What types of asbestos survey are there?
Management - locate and assess ACMs and advise on management under normal occupation
Refurbishment and Demolition - recommendations regarding removal prior to refurb/demolition
How is asbestos removed?
Depends on the asbestos and type of work:
- Licensable - must be carried out by a licensed contractor and need to notify the HSE
- Notifiable Non-Licensed - licensed contractor not required by is notifiable to the HSE
- Non-licensed - don’t need licensed contractor or to notify the HSE
How do you know if asbestos work is licensable or not?
Control of Asbestos Regulations 2012 gives guidance.
What measures need to be taken to remove asbestos safely?
Airtight enclosure
PPE must be worn
Signage
How must asbestos be disposed?
In UN approved packaging and properly labelled
Then it is put in a polythene sheeting
Using a licensed carier
Taken to a licensed disposal site
What is a Waste Consigment Note?
A document that records the transfer of hazardous waste from one party to another. Must be kept for 3 years.
What is the Town and Country Planning Act 1990?
Legilation that controls land use and development in England and Wales. It applies to all types of land and properties.
What is Section 102 of the Town and Country Planning Act 1990?
Allows a LPA to issue a notice ordering the discountinuing use, alteration or removal of buildings or works. It can result in the payment of compensation.
What is Section 106 of the Town and Country Planning Act 1990?
Allows for the setting in place of planning obligations that developers must meet in order to secure planning permission. It is to offset the costs entailed with the development and so often consists of a provision for affordable housing or a contribution towards better local infrastructure.
