Legal and Regulatory Compliance

Question 1

What are the different parts of part M?

Answer 1

M1 - Access and Use
M2 - Access to extensions to buildings other than dwellings
M3 - Sanitary conveniences in extensions to buildings other than dwellings
M4 - Sanitary Conveniences in dwellings

Question 2

What are the various categories in part M?

Answer 2

M4(1) - Visitable Dwellings
M4(2) Accessible and adaptable dwellings
M4(3) Category wheelchair user dwellings

Part A - Approach to dwellings
Part B - Private entrances and spaces within the dwelling

Question 3

How do you understand the required level of daylight / sunglight?

Answer 3

Via the use of a BRE Report - widley used by LA

Question 4

What are rights of light ?

Answer 4

Right to light is a form of easement in English law that gives a long-standing owner of a building with windows a right to maintain the level of illumination

Question 5

What is an easement ?

Answer 5

An easement is the right of one landowner to make use of another nearby piece of land for the benefit of his own land.

Question 6

What is a wayleave

Answer 6

A wayleave is a contract between a the owner or occupier of land (the grantor) and a third party (the grantee) permitting the grantee to access privately-owned land to carry out works in return for some form of compensation. Used by statutory undertakers.

Question 7

What is compulsory purchase?

Answer 7

A compulsory purchase order is a order that gives the authority the legal power to buy your home or land from you

Question 8

What is a party wall ?

Answer 8

A wall that stands astride the boundary of land belonging to two (or more) different owners. Examples include walls separating terraced or semi-detached houses or walls that form the boundary between two gardens, known as a “party fence wall”

Question 9

What are the s.106 tests

Answer 9

Under the CIL regulations 2010 (a)necessary to make the development acceptable in planning terms; (b)directly related to the development; and (c)fairly and reasonably related in scale and kind to the development.

Question 10

What is the difference between wayleave and an easement?

Answer 10

A wayleave is a periodically renewed right of use by apparatus over or under someone else’s land for which payment is made. For example, electricity companies may put pylons or solar panels on your land and pay you rent.

An easement grants a permanent right to a person, company or statutory body, over land they do not own. For example, a gas company may put a pipeline through your land. It may make a single lump payment for this. Often no payment is made for an easement as it may already exist when you buy the land.

Question 11

What is a covenant, the two types that exist and the difference between them?

Answer 11

Restrictive and positive covenants

Restrictive covenants are rules preventing certain things from being done on the land, such as keeping animals or using the property for business purposes

Positive covenant is to maintain a driveway or fence

Question 12

What is the definition of covenant?

Answer 12

An agreement or promise to do or provide something, or to refrain from doing or providing something, which is meant to be binding on the party giving the covenant (who may be referred to as the “covenantor”).

Question 13

What is within the building regulations?

Answer 13

Part A – Structure
Part B – Fire Safety
Part C – Contamination and damp
Part D – Toxicity
Part E – Sound
Part F – Ventilation
Part G – Hygiene
Part H – Drainage
Part J – Fuel
Part K – On-site Safety
Part L – Conservation of Fuel and Power
Part M – Access
Part N – Glazing
Part O – Overheating
Part P – Electrics
Part S – Infrastructure for Charging Electric Vehicles

Question 14

What is the process undertaken to mitigate a rights to light matter?

Answer 14

1. survey
2. review of impacted windows
3. run model
4. calculation/ reccomendation on cut backs
5. compensation
6. Insurance

Question 15

What law relates to tenants and landlords

Answer 15

Landlord and Tenant Act 1967

Question 16

What are the seasons for undertaking ecological investigations?

Answer 16

Phase 1 Habitat: Spring/ Summer

Bat Scoping: All year

Bat Activity: Late spring to summer

Badger: Late Autumn/ Late winter/ early spring - to ensure vegitation is low

Headgerow: Late Spring/ Early summer

Breeding brid: Spring/ Early summer

Question 17

What is MHCLG knowns as now?

Answer 17

Department for Levelling Up, Housing and Communities

Question 18

What are the most recent building regulations update?

Answer 18

1.An Update to Part L 2021: Conservation of fuel and power. (as well as SAP 10.2 and new Home User Guide template)
2.An update to Part F 2021: Ventilation
3.Introduction of the new Part O 2021: Overheating
4.Introduction of the new Part S 2021: Infrastructure for charging electric vehicles.

• Reduction of carbon emissions in domestic new builds by 31% –From 15th June 2022, new build homes will need to produce at least 31% less carbon emissions. The government sees the installation of electric central heating systems as an enabler of this, particularly when combined with a renewable energy source such as solar. Heat pumps are also getting strong support as part of the Future Homes Standard.
• Part O is the new Regulation covering overheating -looks at mitigating solar gain (heating due to direct sunlight) but also other causes of overheating due to uninsulated heating pipes, cylinders or lack of heating system controls
• Part S focusses on electric vehicle charging points -having electric car charge points properly planned and installed -all new builds to have the preparatory work completed for the future installation of an electric vehicle charge point.

Question 19

What are the key elements of the levelling up bill?

Answer 19

A new approach to environmental assessment;
* A locally set, non-negotiable levy to deliver infrastructure that communities need;
* A simplified and standard process for local plans so that they are produced more quickly and are easier for communities to influence;
* A new model of combined authority to provide local leaders with powers to enhance local accountability, join up services and provide transparent decision making to rejuvenate their communities;
* Design codes to let local communities set rules about layout and ‘street votes’ on proposed extensions.

Question 20

What is the purpose of the levelling up and regeneration bill (may 2022?

Answer 20

• changes proposed in the Bill likely to take place from 2024
• Grow the economy in the places that need it most
• regenerate towns and cities
• improve the planning system to give communities a louder voice
• making sure developments are beautiful, green and accompanied by new infrastructure and affordable housing

Question 21

What are the planning Use Classes?

Answer 21

B2 –General Industrial and B8 –Storage and Distribution

• Use Class C –Locations where people sleep
• C1 –Hotels / C2 –Residential Institutions / C2A –Secure residential institutions / C3 –Homes / C4-HMOs .
• Use Class E –Commercial, Business and Service
• Various uses from shops, offices, restaurants, light industrial and much more
• Use Class F1 –Learning and non-residential institutions
• Schools, galleries, museums and more
• Use Class F2 –Local community uses

Question 22

What is the purpose of the ‘Department for Levelling Up, Housing and Communities (DLUHC)’? and what was it formerly known as? (Ministry for Housing, Communities and Local Government [MHCLG])

Answer 22

The Department for Levelling Up, Housing and Communities supports communities across the UK to thrive, making them great places to live and work.

Question 23

Name a time you reviewed a scheme and what elements you reviewed?

Answer 23

Sherwood Close Phase III - Alongside the Architect I reviewed all the different unit layouts to ensure that we had the correct level of Part M units for the scheme and that they abided all requirements as detailed in Part M. I also optimised a unit with Sales / DT&I that we had to ensure hit required Daylight / Sunlight levels as we optimised the scheme and changed the number of units off a core.

Question 24

Name a time you looked at a PDA?

Answer 24

Sherwood Close Phase II - I assisted with preparing a letter detailing the Principal Developments Agreement’s legal clause on viability / mix. This stated that the council could not unreasonably withhold or delay its consent in a proposed change to the PDA if the scheme was no longer financially viable.
I worked alongside our viability consultant to agree a position and explain our need to amend the mix included in the PDA due to the scheme being at a loss. Therefore, we required to increase unit numbers to reduce the loss to Clarion by increasing the overall Gross Development Value of the Scheme.

Separately to this, we also looked to remove a clause in the PDA that included a singular payment for ground rent that Clarion would then pass on to tenants. However due to the Leasehold Reform (Ground Bill 2021-22) Clarion could no longer charge ground rents.