Legal and Regulatory Flashcards

1
Q

What is the role of the HSPC

A

advise client of their responsibilities
Coordinate h&s aspects of design work
Ensure design risk management
Identify risks in PCSI
Ensure contractor has correct measures for H&S
review construction phase plan

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2
Q

What is your role as Principle Designer?

A

Influencing risk regarding H&S
Specify materials with low associated routine maintenance
Liaise with principle contractor regarding risk control

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3
Q

What constitutes ‘licensed work’ regarding asbestos?

A

Where the work is not sporadic
or low intensity
or if risk assessment clearly demonstrates the work will not exceed control limits of unlicensed work

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4
Q

What typical asbestos materials would be licensed work

A
pipe lagging
loose fill insulation
cleaning loose debris acm
removing sprad coatings
and anything surpassing the exposure limits
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5
Q

What is permitted development?

A

Work not requiring planning permissions

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6
Q

Tell me more about permitted development?

A

There a various classes of permitted developments
Class A Extension
Class B Additions to roof
Class C Other roof works
Class D and E for other elements seek guidance

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7
Q

What is the purpose of the building regulations?

A
Enable people to use buildings
safely through structure and fire regs
improve conservation of fuel and power
enable equal access for all users
promote sustainability
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8
Q

What happens as RIBA stage ‘strategic definition’?

A

Understand and prepare clients requirements

Develop Business case

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9
Q

What is the outcome for RIBA Stage ‘Prepa and Briefing’ ?

A

The client should approve the project brief

Site confirmed to fit project brief

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10
Q

What is the outcome for RIBA Stage Concept Design?

A

Client to approve concept design

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11
Q

What is the outcome for RIBA Stage Spatial Coordination?

A

Architectural and Engineering information spatiallly coordinated

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12
Q

What is the outcome for RIBA stage Technical Design?

A

All design information can be used for manufacturing and construction

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13
Q

What are the 8 RIBA stages?

A
0 Strategic Definition
1 Prep and Brief
2 Concept Design
3 Spatial Coordination
4 Technical Design
5 Manufacturing and Construction
6 Handover
7 In use
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14
Q

What is stage 2 of RIBA plan of work?

A

Concept Design

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15
Q

What is stage 1 of RIBA plan of work?

A

Preparation and Briefing

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16
Q

At what RIBA stage would you typically go out to planning?

A

Stage 3 - Spatial Coordination

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17
Q

At what RIBA stage would you typically go out to building control?

A

Stage 4 - Technical Design

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18
Q

For 43 Bath Street, what was included in the bye law application?

A
location plan
existing for demolition plan
ground and first floor
second floor and roof plan
sections
detailed roof section
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19
Q

What was the purpose of the letter of intent?

A

This was to provide the contractor with confidence and comfort to commence work prior to entering the contract.

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20
Q

What are the different types of letter of intent?

A

comfort letters
instructions to proceed with consent to spend
recognition of existence of building contract

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21
Q

Why did you do a letter of intent for 43 Bath Street?

A

My client had a strict time schedule for completion and wanted to tender negotiations and the acquisition of the building to overlap. This process took much longer than initially envisaged due to internal implications my client had to deal with. I requested the selected contractor hold their prices for a two month period and they informed me that they would only if a letter of intent was provided.
I advised my client that this should be drafted by their lawyers as their is the risk that they could take on unintended liabilities. I further noted that the negotiating power of the client will decrease. Lastly, this can become legally binding.

22
Q

What is the purpose of the of CDM/MIC?

A

To focus attention of project team on health and safety aspects of project
improve planning and management
facilitate early identification of hazards and place health and safety emphasis on mitigating them

23
Q

Do you have any specific duties imposed upon you under the MIC 2016?

A
Depends if i am working as a 
HSPC
Client Rep (CA) 
or
Designer
24
Q

What are the duties under MIC 2016 as a client?

A

Ensure suitable arrangements are in place to manage work, these steps involved;

  • Ensure people on project are competent
  • Ensure arrangements for H&S complete
  • Appoint in writing a contractor
25
Q

What are the duties of the Designer under MIC 2016?

A

Reduce risk selecting materials (self cleaning windows, easy cleaning maintenance on roof/less access requirements/specify AHU’s at ground level rather than roof for maintenance.
Ensure they make client aware of duties

26
Q

L1 What planning legislation are you aware of and why do we have it?

A

Provides precedent for;

-development plans to be inline with planning applications

27
Q

L1 -What is permitted development?

A

Works which do not require permissions - automatically granted.

28
Q

L1 -Do you have examples of permitted development and where certain conditions may be required?

A

Gates, fences
Painting
Vents flues

Depends if in conservation area
Fences and Gates have height restrictions

29
Q

L1 - What is the typical time for assessing planning applications?

A

Jersey 6-8 Weeks

UK - within 8 weeks extended to 13 for large and complex projects

30
Q

L1 - When working on a listed building, would you need to submit a planning application and a separate listed building consent?

A

Yes these are separate applications

31
Q

L1 - What information is included in a planning app?

A

Description of work

Design statement

Environmental Impact Assessment

SWMP (if project over certain value/size)

Listed building statement

32
Q

L1 - When might you need to obtain building regulations approval?

A

Structural
Upgrade thermal element
Any significant works which include upgrading to current regs
Any works not defined as permitted development

33
Q

L1 - What information is submitted in a building regulations application?

A
2 copies of
floor plans
sections
elevations
particulars to show compliance with regs (e.g technical drawings)
34
Q

L1 - What is the dilapidations protocol?

A

This is a Protocol for DILAPS - it ensures a claim is reasonable, understandable, and facilitates settlement prior court proceedings.

35
Q

L1 - In Dilaps, what takes precedence over the other, dilaps protocol or DILAPS RICS guidance note?

A

These are different.

The Guidance note is f recommended / or best practice.

The protocol provides time frames for early intervention and encourages resolutions and ADR prior to court proceedings.

36
Q

L1 - What is a party owned wall?

A

A wall that stands on ones land but serves as a wall to separate two or more properties.

37
Q

L2 - For 43 Bath Street, what works were subject to planning permission?

A

Fire (Part 2/B)

  • Fire Detection system
  • Horizontal Escape
  • Fire doors
  • Vertical escape stair
38
Q

L2 - When submitting the planning application, what information did you include with the app?

A

v

39
Q

L2 - For works to 43, what works were subject to BC apps and what info did you provide? (apply this to another experience)

A

v

40
Q

L2 - How do you ensure compliance with building regulations?

A

v

41
Q

L2 - What are the implications of notifying a project as a ‘Major Construction Project’?

A

v

42
Q

L2 - How did you notify these projects were Major Construction Projects? What info did you provide?

A

v

43
Q

L2 - Can you provide an example of a project here you have had to comply with Asbestos regs?

A

v

44
Q

L2 - Are you able to provide an example project you have worked on where the Discrimination (Jersey) Law had implications?

A

v

45
Q

L2 - Can you provide an example of experience of dealing with fire safety legilsation?

A

v

46
Q

L3 - What is a Grade 4 Listing and how did this affect the advice you gave your client at 43?

A

v

47
Q

L3 - Why did you believe that permission would not be granted for replacement double glazing?

A

v

48
Q

L3 - Where installing secondary glazing as an alternative, what was your advice to ensure relevant regs were complied with?

A

v

49
Q

L3 - Why was a refurb and demo survey required at 43? What was the extent of the survey to meet legal requirements?

Can this survey be undertaken in an occupied building?

A

v

50
Q

L3 - What other info did you advise your client would be required in the Pre-construction information?

A

v

51
Q

L3 - For Windy, was there any way that your client could undertake repairs but avoid the need for full replacement whilst achieving the project brief?

A

v