Legal and Regulatory Compliance

Question 1

What legal remedies do HS2 have to deal with difficult parties for instance if they chained themselves to a gate on the site?

Answer 1

Under Halsbury’s Law landowners are able to use reasonable force to remove a trespasser. HS2 have security contractor who respond to incidents. Break the chain and remove them.

For more complex such as up a tree, enforcement teams are instructed, also under Halsbury’s Law

If something extremely difficult like a tunnel then a high court writ may be obtained and this makes the trespass an arrestable offence under s.10 Criminal Law Act. Police will assist to stop breach of the peace. Could result in up to 6 months in jail or fine up to £5,000

There is a high court injunction in place route wide so refusal to leave constitutes breaking the law.

Question 2

Can the police do anything if persons are trespassing on private land?

Answer 2

This is a civil offence, the police are unable to act until a crime has been committed

Question 3

What provisions/remedies are in place if a trespasser is on site for an extended period?

Answer 3

A high court writ, which is an arrestable offence under s.10 of Criminal Law Act

Question 4

If agreements are reached outside of statutory power is there a limit on potential compensation?

Question 5

Asbestos facts

Answer 5

• a hazardous material that is harmful to health, every form of asbestos was finally banned in all building work in 1999.
• Regulation 4 of the Control of Asbestos Regulations 2012 imposes a legal duty to manage the substance if it is present or presumed to be present.
• A substantial breach of the regulations can lead to an unlimited fine and up to two years’ imprisonment.

Question 6

Building Regulations facts

Answer 6

• the Building Regulations 2010 provide minimum standards for the design, construction and alteration of buildings.
• They are supported by a suite of approved documents providing detailed practical guidance on compliance.
• Note that the regulations are not the same as planning consent, which may also be required for a project.

Question 7

The Construction (Design & Management) Regulations 2015 (CDM 2015) facts

Answer 7

• these regulations aim to promote high standards of health and safety in the construction industry.
• They apply to all building and construction work and allocate defined roles to various parties, including the client, principal designer, designer, principal contractor, contractors and workers.

Question 8

Dilapidations facts

Answer 8

• when a property is let, the lease will typically place repair and maintenance obligations on both parties.
• Where these obligations are not met during or at the end of the lease term, typically by the tenant, then the landlord can pursue a dilapidations claim.
• The Pre-Action Protocol for Claims for Damages in Relation to the Physical State of Commercial Property at Termination of a Tenancy – more concisely known as the Dilapidations Protocol – that regulates such claims is part of the Civil Procedure Rules, and must be followed by the parties when a claim is made.
• There is a separate Pre-Action Protocol for Housing Conditions Claims, formerly the Pre-Action Protocol for Housing Disrepair Cases, which relates to occupier claims relating to housing condition.

Question 9

Equality Act 2010 facts

Answer 9

• this replaced the Disability Discrimination Acts of 1995 and 2005 to provide a single piece of legislation protecting people from discrimination in the workplace and wider society.
• The key elements that building surveyors need to know about are reasonable adjustments for occupants, and the protected characteristics of age, disability, gender reassignment, marriage or civil partnership status, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

Question 10

Fire Safety Act 2021 facts

Answer 10

• part of wider UK government building and fire safety reforms following the Grenfell Tower fire in 2017, this amends the Regulatory Reform (Fire Safety) Order 2005.
• It requires those who are defined as responsible persons to assess, manage and reduce fire risk associated with certain types of building, essentially blocks of flats in multiple occupancy.
• Compliance is demonstrated by observing BSI’s PAS 9980: 2022 Fire Risk Appraisal external wall construction and cladding of existing blocks of flats. Code of practice and commissioning a fire risk appraisal of external walls.

Question 11

Gas Safety (Installation and Use) Regulations 1998 facts

Answer 11

• all rented residential accommodation must be subject to an annual gas safety check, under regulation 36 (1).
• If issues are identified then these must be remedied promptly, and any unsafe appliances removed from use immediately.

Question 12

Health and Safety at Work etc. Act 1974 facts

Answer 12

• this is the primary legislation relating to workplace health and safety, placing a duty of care on employers for their employees.
• Employees also have a duty of care towards colleagues, clients and contractors.
• Risk assessment is a key part of complying with the 1974 Act, and all building surveyors must assess this risk before they visit any site or workplace.

Question 13

What is a statutory instrument?

Answer 13

• a statutory instrument is the most common form of secondary legislation, meaning that Parliament passes a framework act under which delegated or secondary legislation is subsequently passed.
• There are many examples of statutory instrument in the field of planning, for instance, including the Town and Country Planning (Use Classes) Order 1987 and Planning (Listed Buildings and Conservation Areas) Regulations 1990.

Question 14

Listed buildings facts

Answer 14

• the Planning (Listed Buildings and Conservation Areas) Act 1990 protects buildings of historical, heritage or architectural importance.
• There are three grades of listing in England and Wales, with grade I being the highest, followed by grade II* and grade II.
• Listed building consent is required for any works to these properties, including demolition, alteration and extension.

Question 15

Management of Health and Safety at Work Regulations 1999 facts

Answer 15

• these regulations set further obligations on the health and safety of employees that employers must meet.
• Examples include portable appliance testing and risk assessment for specific employees, such as new or expectant mothers and young people.

Question 16

What is negligence?

Answer 16

• surveyors have a duty of care towards their clients in contract, and in tort or negligence.
• Professional negligence occurs where a surveyor fails to perform their duties to the required standard, namely with reasonable care or skill, or they breach their duty of care.
• Surveyors are required by RICS to have professional indemnity insurance in the event of a negligence claim.

Question 17

Occupiers’ Liability Acts 1957 and 1984 facts

Answer 17

• occupiers have a duty of care to visitors and to trespassers on their premises under the 1957 and 1984 Acts respectively, although the duty of care owed to the former is higher than that to the latter.
• Surveyors managing premises must be aware of the actions they should take to manage this risk for their clients.

Question 18

Party Wall etc. Act 1996 facts

Answer 18

• this legislation helps to resolve disputes relating to excavations or works carried out to a boundary wall, party wall, party structure or boundary structure.
• Notice of the intended work must be given to the adjoining owner or owners, leading to agreement, changes to the proposed works or a dispute that is then resolved by an appointed surveyor or surveyors.

Question 19

What is class Q?

Answer 19

• a kind of permitted development where full planning consent is not required – although prior approval notification may be – and which allows the conversion of agricultural buildings into dwellinghouses.
• There are certain conditions or limitations, however; for instance, the right does not apply to Sites of Special Scientific Interest.

Question 20

Reinstatement cost assessment facts

Answer 20

• these are carried out by building surveyors to ensure that buildings are insured adequately in the event of a fire or other covered risk.
• The assessment usually calculates the cost to rebuild the structure and provides a day-one figure for declared value – that is, for effectively rebuilding the property as it was on its first day in use.
• RICS provides comprehensive guidance on this in the current edition of Reinstatement cost assessment of buildings.

Question 21

What was found in the Street v Mountford case?

Answer 21

• As far as property is concerned, a lease is also a lease if the basic requirements are met, even if it is called a licence on the front page.
• These requirements are, namely, that a lease grants exclusive occupation, incorporates payment of a rent and is for a specified term.

Question 22

Landlord and Tenant Act 1954 what is it

Answer 22

• There is a significant amount of legislation that affects commercial property tenants.
• One example is the Landlord and Tenant Act 1954, which relates to security of tenure for business tenancies;

Question 23

Water Supply (Water Fittings) Regulations 1999 important for water safety why?

Answer 23

• Water Supply (Water Fittings) Regulations 1999: understanding these regulations is essential to avert the risk of contaminating water fittings or water sources in buildings.
• A key example is preventing tubs, air conditioning and evaporative condensers.
• Legionnaire’s disease, which is caused by legionella bacteria that can grow in water installations such as hot tubs, air conditioning and evaporative condensers.

Question 24

RICS Management of Risk (2016) Guidance Note

Answer 24

• key principles of risk management
• response/mitigation strategies
• risk identification techniques.