Legal and Regulatory Compliance

Question 1

What is the legal definition of Dilapidations?

Answer 1

The legal definition of dilapidations refers to the failure of a tenant to keep a property in good repair and condition during the tenancy. This includes repairs to the structural and the exterior of the building, as well as any fixtures and fittings provided by the landlord. Landlords have the right to claim for any repairs or damage caused by the tenant, up to the value of the outstanding rent of cost of repairing the damage.

Question 2

How do Dilapidations work?

Answer 2

When a tenant vacates a property, the landlord has the right to inspect the property and identify any repairs or damage that need to be addressed. The landlord will then prepare a schedule of dilapidations, outlining the repairs that need to be made and the cost of those repairs. The tenant will then have the opportunity to dispute the schedule and negotiate the cost of repairs. If the tenant fails to make the repairs or pay for them, the landlord can take legal action to recover the cost.

Question 3

What are Dilapidations settlements?

Answer 3

A settlement is an agreement between the tenant and landlord about the value to be prepared or the work that will be undertaken at the end of a lease. It is advantageous for a tenant to minimise the settlement by utilising experts.

Question 4

Who pays for Dilapidations?

Answer 4

The tenant is responsible for paying for any repairs or damage caused during the tenancy. The cost of repairs can be deducted from the tenant’s deposit, or the tenant can be invoiced for the cost. If the tenant fails to pay, the landlord can take legal action to recover the cost.

Question 5

Do you pay tax on Dilapidations?

Answer 5

The cost of repairs for dilapidations is not considered taxable income for the landlord. However, if the landlord carries out the repairs themselves, they may be able to claim any materials or labour costs as a business expense.

Question 6

How long does a landlord have to claim Dilapidations?

Answer 6

A landlord has six years from the date of the tenant’s vacating the property to make a claim for dilapidations. This is known as the limitation period.

Question 7

What are Dilapidations costs?

Answer 7

Dilapidations costs refers to the cost of repairs or damage caused by a tenant during the tenancy. These costs can include labour and materials, as well as any legal fees associated with taking legal action to recover the costs.

Question 8

Why are Dilapidations important?

Answer 8

Dilapidations are important because they ensure that a property is kept in good repair and condition for future tenants. Neglecting repairs and maintenance can lead to more costly repairs in the long run, and can also result in the property becoming uninhabitable.

Question 9

Summarise the Landlord and Tenant Act 1927 Section 18 (1).

Answer 9

The L&T Act 1927 Section 18(1) contains two limbs.
Limb 1 - Provides a statutory cap for damages, by calculating the difference by which the value of the landlord’s interest had been reduced on account of the breaches of lease covenant. This is otherwise known as ‘diminution in value’ of the landlord’s interest.
Limb 2 - States that no damages recoverable, if it can be shown that on expiration of the lease the premises would be demolished or altered to the extent that would render valueless the repairs in question.

Question 10

Summarise the Landlord and Tenant Act 1954 in connection to Dilapidations

Answer 10

In a dilapidations context

Question 11

What is The Building Act 1984?

Answer 11

Primary legislation which enables secondary legislation to be implemented, such as the building regulations. The act allows local government to enforce building regulations on works to buildings (any permanent or temporary buildings) and allows them to prosecute individuals/companies who fail to comply with such regulations. The act enforces the need to notify local authorities of the work scheduled to be undertaken which is then assessed either by the Local Authorities Building Control or by an Approved Inspector. The latest issue of the Building Regulations is 2016 (amended from 2010).

Question 12

What is the Town and Country Planning Act 1990?

Answer 12

An Act to consolidate certain enactments relating to town and country planning

Question 13

Under the Town and Country Planning Act 1990, what requires planning permission?

Answer 13

Building, engineering or other works making a material change in the use of any building or other land such as:
- Structural Alterations
- Demolition
- Rebuilding
- Change of use

Question 14

What are the different types of planning application under the Town and Country Planning Act 1990?

Answer 14

• Outline
• Reserved Matters
• Change of Use
• Full Planning Permission

Question 15

Describe an Outline planning application?

Answer 15

An Outline planning application is an application for undertaking a development in principle. The applicant can use it to find out whether their proposed development is likely to be approved by the planning authority before substantial costs are incurred developing a detailed design.

Question 16

What information is required within an Outline planning application?

Answer 16

• Uses for the proposed development
• Amount of development proposed for each use
• Indicative layout and elevations
• Dimensions of buildings
• Design and access statement

Question 17

Describe a Reserved Matters planning application?

Answer 17

Once outline planning consent has been obtained, the reserved matters stage is the follow-up which gives the applicant the opportunity to provide (usually within three years) more detail. Once granted a Reserved Matters planning permission lasts two years.

Question 18

What is required in a Reserved Matters planning application?

Answer 18

• The layout of the buildings within the proposed development
• The precise height, width, and length of individual buildings
• The appearance of buildings
• Access to and within the site for vehicles, cycles and pedestrians
• Landscape proposals

Question 19

Describe a Change of Use planning application?

Answer 19

It is generally the case that you will need planning permission to change from one use class to another, although there are exceptions where the legalisation does allow some changes between uses. If you need to apply for change of use the minimum requirements that are needed for a full change of use planning application are:

Question 20

What is required in a Change of Use planning application?

Answer 20

• The application form
• Location plan
• Plans

Question 21

Describe a Listed Building Consent planning application?

Answer 21

Application required if works are being undertaken to a statutory listed building (Grade I, II, or II*). Carrying out unauthorised works to a listed building is a criminal offense.

Question 22

What is a Design and Access Statement?

Answer 22

A short report accompanying and supporting a planning application. They provide a framework for applicants to explain how a proposed development is a suitable response to the site and its setting, and demonstrate that it can be adequately accessed by prospective users.

Question 23

What is the National Planning Policy Framework 2012?

Answer 23

Provides a framework within which local people and their council can produce their own distinctive local plans, which reflect the needs and priorities of their communities. It provides the background against which applications for planning permission are provided.

Question 24

What are the different types of planning enforcement?

Answer 24

• Planning Contravention Notice
• Planning Enforcement Notice
• Breach of Condition Notice
• Planning Enforcement Order
• Stop Notice
• Temporary Stop Notice
• Injunction Notice

Question 25

What is a Planning Contravention Notice?

Answer 25

A schedule of questions issued by the local authority to obtain necessary information about any apparent breach to decide where enforcement is appropriate. Response is required within 21 days.

Question 26

What is a Planning Enforcement Notice?

Answer 26

An enforcement notice issued by the local authority against an unauthorised development required the unauthorised development to be demolished or the unauthorised use to cease.

Question 27

What happens when you breach building regulations?

Answer 27

Breaching the building regulations is a criminal offence and action can be taken under Section 35 of the Building Act 1984 against a person who contravenes them. If convicted, that person can be fined up to £5,000 for each offence, and may also have to pay a daily fine if the default continues after conviction. Conviction can be made up to two-years after completion of the works.

A local Authority can enforce an unlimited fine under Sections 35 and 35A of the Building Act 1984.

A local authority can also impose an enforcement (within 12-months of the work being complete) to remove any no complaint building works under Section 36 of the Building Act 1984.

Question 28

What are Building Regulations Approved Documents?

Answer 28

Approved Documents provide guidance on ways to meet Building Regulations.

Question 29

Name the Building Regulations: Approved Documents.

Answer 29

A - Structure
B - Fire Safety
C - Site Preparation & Protection from Contamination
D- Toxic Substances
E - Resistance to the Passage of Sound
F - Ventilation
G - Sanitation & Hot Water Safety
H - Drainage and Waste Disposal
J - Heat Producing Appliances & Fuel Storage
K - Protection from Falling, Collision & Impact
L - Conservation of Fuel & Power
M - Access to and use of Buildings (Equality Act 2010)
N - Glazing
O - Overheating
P - Electrical Safety
Q - Security (Dwellings)
R - High Speed Electronic Communication Networks
S - Infrastructure for Charging Electric Vehicles

Question 30

What is the Construction (Design and Management) Regulations 2015?

Answer 30

Regulations intended to ensure that health and safety issues are properly considered during a project’s development so that the risk of harm to those who have to build, use and maintain structures is reduced.

Question 31

What are the main duty holders outlined in the Construction (Design and Management) Regulations 2015?

Answer 31

• Clients
• Domestic Clients
• Designers
• Principal Designers
• Contractors
• Principal Contractors
• Works

Question 32

Define the Client role under CDM Regulations 2015.

Answer 32

Clients are organisations or individuals for whom a construction project is carried out.

Question 33

What are the main duties of the Client under the CDM Regulations 2015?

Answer 33

• Make sure other dutyholders are appointed.
• Sufficient time and resources are allocated.
• Relevant information is prepared and provided to other dutyholders
• The principal designer and principal contractor carry out their duties
• Welfare facilities are provided

Question 34

Define the Domestic Client role under CDM Regulations 2015?

Answer 34

Domestic Clients are people who have construction work carried out on their own home, or the home of a family member that us not don’t as part of a business, whether for profit or not.

Question 35

What are the main duties of the Domestic Client under the CDM Regulations 2015?

Answer 35

Duties are normally transferred to:
* The contractor, on a single contractors project or;
* The principal contractor, on a project involving more than one contractor.
However, the domestic client can choose to have a written agreement with the principal designer to carry out the client duties.

Question 36

Define the Designer role under the CDM Regulations 2015?

Answer 36

Designers are those, who as part of a business, prepare or modify designs for a building, product or system relating to construction work.

Question 37

What are the main duties of the Designer under the CDM Regulations 2015?

Answer 37

Preparing or modifying designs, to eliminate, reduce or control foreseeable risks that may arise during:
* Construction; and
* The maintenance and use of a building once it is built.
Provide information to other members of the project team to help them fulfil their duties

Question 38

Define the role of the Principal Designer (PD) under the CDM Regulations 2015?

Answer 38

Principal Designers are designers appointed by the client in projects involving more than one contractor. They can be an organisation or an individual with sufficient knowledge, experience and ability to carry out the role.

Question 39

What are the main duties of the Principal Designer (PD) under the CDM Regulations 2015?

Answer 39

Plan, manage, monitor and coordinate health and safety in the pre-construction phase of a project. This includes:
* Identifying, eliminating or controlling foreseeable risks;
* Ensuring designers carry out their duties
Prepare and provide relevant information to other dutyholders.

Question 40

Define the role of the Principal Contractor under the CDM Regulations 2015?

Answer 40

Principal Contractors are contractors appointed by the client to coordinate the construction phase of a project where it involves more than one contractor.

Question 41

What are the main duties of the Principal Contractor under the CDM Regulation 2015?

Answer 41

Plan, manage, monitor and coordinate health and safety in the construction phase of a project. This includes:
* Liaising with the client and principal designer;
* Preparing the construction phase plan;
* Organising cooperation between contractors and coordinating their work.

Question 42

Define the role of the Contractor under the CDM Regulations 2015?

Answer 42

Contractors are those who do the actual construction work and can be either an individual or a company.

Question 44

What is the Regulatory Reform (Fire Safety) Order 2005?

Answer 44

The Regulatory Reform (Fire Safety) Order 2005 provides a framework for regulating fire safety in all non-domestic premises including workplaces and the parts of multi-occupied residential buildings used in common in England and Wales.

Question 45

Who is considered a ‘responsible person’ under the Fire Safety Regulations?

Answer 45

A ‘responsible person’ under this legislation is defined as ‘anyone who has control of premises or anyone who has a degree of control over certain areas or systems’.
This may be the employer, a managing agent, a self-employed person, a member of a voluntary organisation or anyone else who has a degree of control over the premises or part thereof. Often, the responsibilities are shared among several people.

Question 46

What are the main requirements of the Regulatory (Fire Safety) Order 2005?

Answer 46

The responsible person is required to:
- Carry out or nominate someone to carry out a fire risk assessment identifying the risks and hazards present at the premises.
- Consider who may be especially at risk
- Eliminate or reduce the risk from fire as far as is reasonably practical and provide general fire precautions to deal with any residual risk
- Take additional measures to ensure fire safety where flammable or explosive materials are used or stored
- Create a plan to deal with any emergency and, in most cases, document the findings
- Review the findings as necessary

Question 47

What are the different types of RICS Documents?

Answer 47

• RICS Professional Statement (Mandatory)
• RICS Code of Practice (Mandatory)
• RICS Guidance Note (Recommended Best Practice)

Question 48

What is a RICS Professional Statement?

Answer 48

A document that provides members with mandatory requirements or a rule that a member or firm is expected to adhere to.

Question 49

What is a RICS Code of Practice?

Answer 49

A document approved by the RICS and endorsed by another professional body/ stakeholder, that provides users with recommendations for accepted good practice as followed by conscientious practitioners.

Question 50

What is a RICS Guidance Note?

Answer 50

A document that provides users with recommendations or approaches for accepted good practice as followed by competent and conscientious practitioners.

Question 51

What is the Health and Safety at Work Act 1974?

Answer 51

A primary piece of legislation covering occupational health and safety in Great Britain. It sets out general duties which:
* Employers have towards employees and members of the public
* Employees have to themselves and each other
* Certain self-employed have towards themselves and others

Question 52

What happens if you breach the Health and Safety at Work Act 1974?

Answer 52

A breach of health and safety regulations can be considered a criminal offense, and any one found culpable can face disciplinary or criminal proceedings. Both employers and employees can be handed health and safety fines.