Legal and regulatory Compliance Flashcards
“I am aware of the impact of the Regulatory Reform (Fire Safety) Order 2005 and the importance of fire risk assessments in buildings of multi occupancy. I understand the Health and Safety at Work Act and how this relates to my profession.
I understand the Landlord and Tenant Act 1954 and the security of tenure provisions with Part II sections 24-28.
I know the importance of full and detailed plans including architectural, structural, and M&E documentation for granting Licence for Alterations and the potential risk to a buildings structural integrity when this process it not followed. I am aware of the implications of a Jarvis V Harris clause in a lease for enforcing tenants repairing obligations.”
“St Giles Hill Graveyard
I received notification from a residential tenant that a boundary wall had fallen into disrepair. The boundary wall was not in the ownership of my client, however, due to the Local Government Act 1972 the responsibility for maintenance can fall to the local Council if a notice is served under 215 of the Act. I completed a full investigation and report of findings, which I presented to my client detailing their responsibilities under the 1972 Act.
I completed a full investigation on if Notice had been served. I found that although the graveyard had been officially closed for burials, the office notice transferring the maintenance responsibility to the Council had not been served.
I then arranged for a meeting with the Diocese of Winchester to discuss the notice and repairing obligation. The Churchwarden of St John the Baptist confirmed that they had not issued the notice but had intended to. I advised my client that they are not responsible for the boundary wall repair and the timeframes for the transfer of responsibility once the notice had been served.”
“11-13 Upper Brook Street
I was instructed by my client (the landlord) to resolve a tenant dispute on the sum due on the service charge account for the roof replacement. They were claiming that elements of the repair were an improvement. I reported to my client using current caselaw to demonstrate that ‘repair’, in legal terms, can encompass ‘replacement’ or ‘renewal’, and may even include ‘improvement’ if it is necessary to achieve the necessary repair. This has been demonstrated in cases such as Elite Investments Ltd v TI Bainbridge Silencers 1986 and Minja Properties Ltd v Cussins Property Group Plc 1998. I used this caselaw to support my negotiations with the tenant and was successful in agreeing the service charge cost.”
What updates have there been to the Regulatory Reform (Fire Safety) Order 2005?
The Regulatory Reform Fire Safety Order 2005 was amended by the Fire Safety Bill 2021. This Bill provided further clarification regarding the persons responsible for fire risks in multi-occupied buildings.
The Regulatory Reform (Fire Safety) Order 2005 is a UK law that aims to ensure the safety of people in non-domestic premises in case of fire. The law has been updated recently to implement the majority of the recommendations made to the government in the Grenfell Tower Inquiry Phase 1 report, which required a change in the law . The changes were introduced through regulations made under Article 24 of the Fire Safety Order .
The new regulations require responsible persons of high-rise blocks of flats to provide information to Fire and Rescue Services to assist them to plan and, if needed, provide an effective operational response . In addition, responsible persons in multi-occupied residential buildings which are high-rise buildings, as well as those above 11 metres in height, are required to provide additional safety measures . In all multi-occupied residential buildings, responsible persons are required to provide residents with fire safety instructions and information on the importance of fire doors .
The regulations apply to existing buildings, and requirements for new buildings may be different . In high-rise residential buildings, responsible persons are required to provide their local Fire and Rescue Service with up-to-date electronic building floor plans and to place a hard copy of these plans, alongside a single page building plan which identifies key firefighting equipment, in a secure information box on site . They are also required to provide information about the design and materials of a high-rise building’s external wall system and inform the Fire and Rescue Service of any material changes to these walls .
The Building Safety Bill amendments to the Fire Safety Order aim to improve fire safety outcomes designed to protect the public from the risk of fire by better supporting compliance and effective enforcement in all regulated premises .
Why are fire risk assessments important In multi occupancy buildings?
An occupancy fire risk assessment is a process of identifying and evaluating the fire hazards and risks in a building. It involves five steps:
* Identify the hazards
* Identify people at risk
* Evaluate, remove, reduce and protect from risk
* Record your findings, prepare an emergency * *plan and provide training
* Review and update regularly
The purpose of an occupancy fire risk assessment is to ensure the safety of the occupants and prevent fire incidents.
Who would be responsible for undertaking fire risk assessments In multi occupancy buildings?
Landlord
According to the Regulatory Reform (Fire Safety) Order (2005), the responsible person for multi-occupied residential buildings, such as a landlord, is accountable for carrying out a fire risk assessment in communal areas. The responsible person is considered to be the employer or owner/occupant of the building. They should schedule fire risk assessments and review assessments, and ensure fire safety measures are implemented following an assessment.
what is The Local Government Act 1972
The Local Government Act 1972 is an Act of the Parliament of the United Kingdom that reformed local government in England and Wales on 1 April 1974. The Act redefined the procedures, structures, duties and geographies of all English and Welsh councils. The changes were introduced in the context of significant problems with the pre-existing structure of local government.
The Local Government Act 1972 is a UK public general act that was passed by the Parliament of the United Kingdom in 1972. The act reformed local government in England and Wales, and it came into effect on April 1, 1974. The act abolished the existing system of local government and established a two-tier system of metropolitan and non-metropolitan district councils, which is still in use in many areas of England. The act also designated functions to these bodies.
Tell me about your experience of a legal/regulatory requirement relating to a project.
As of 1st June 2020, private landlords are now legally required to have an EICR at least every five years. If you start a new tenancy on or after 1st July 2020, you’ll need to make sure the first inspection and testing is carried out before your new tenants move in.
Tell me about a current piece of case law you are aware of relating to your role.
- Elite Investments Ltd v TI Bainbridge Silencers 1986
Roofs (repair or replacement/new materials) - In a case where the court concluded that replacement of the roof was within the covenant to repair, there was debate about the effect of the proposed new roof utilising more modern materials. The court held that:
‘It is not that the roof is going to be very different. It is a new material, but that is just taking advantage of better materials that are now on the market
- Minja Properties Ltd v Cussins Property Group Plc 1998
Windows/window frames - Often when work is carried out there is an element of improvement to the property that is a consequence of repair work being carried out, sometimes because the opportunity arising from the need to carry out some work is used to make some improvements.
In this case the property had been constructed with single-glazed steel-framed windows which were liable to corrosion. The court allowed, as a repair, the replacement of all the windows with aluminium double glazed units
that ‘repair’, in legal terms, can encompass ‘replacement’ or ‘renewal’, and may even include ‘improvement’ if it is necessary to achieve the necessary repair.
Segama NV v Penny Le Roy Ltd
post review date comparables admissibility in evidence - rent of comparable post rent review date.
Broadgate squarePLC V Lehman brothers - headline rent ‘ has had’ the benefit of rent free. but when the review went to arbitration - tenant should have a valuation discount for onerous provision.
Old Street retail V GB Healthcare 2022 involving a protected lease renewal should get a discount for rent free afforded by the market.
Tell me about a current planning policy issue you are aware of.
GUIDE TO USE CLASSES ORDER
AND PERMITTED CHANGES OF USE
Effective from 1 September 2020
England only
UPDATED JULY 2020
The Town and Country Planning (Use Classes) Order 1987 (as amended) essentially categorises different types of property and land into classes. Change between uses within the same class does not constitute development and therefore does not require planning permission. The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) identifies some permitted
development rights allowing the change of use from one class to another, subject to conditions, limitations and/or a prior approval process (as highlighted by *). You can read more on the Savills ‘In plain English’ blogs on the Use Classes Order, permitted development and prior approval.
A significant reform of the Use Classes Order was announced on 21 July 2020. The table below identifies the use classes and permitted changes in England that are effective from 1 September 2020. Land and buildings in Classes E, F.1 and F.2 will continue to benefit from any permitted development rights that it was entitled to on or before 31 August 2020 (as highlighted by ^). These transitional provisions will remain in place until 31 July 2021 when new, revised permitted development rights will be introduced. These provisions also apply to relevant Article 4 Directions.
the current Use Class E, which replaced former Use Classes A1, A2, A3, B1, B2, D1 and D2.
Anything from a bank to a bowling alley is now covered by Class E, and the owners of them do not have to get planning permission to change the use of their building - as long there are no planning conditions directly mentioning the use class. (They do, however, still need planning permission for any of the external structural changes that you would need if you were, for instance, to turn a bank into a bowling alley.)
Tell me about a current appeal/representation you are aware of relating to your role.
The Health and Safety at Work Act is a law that aims to protect the health, safety and welfare of workers and the public. The act assigns different responsibilities to employers and employees. Employers are responsible for providing a safe system, place, equipment and machinery for work, ensuring workers are competent and trained, and carrying out risk assessments and informing workers of any hazards. Employees are responsible for taking reasonable care of themselves and others, cooperating with their employer, following safety procedures and training, and reporting any unsafe conditions, hazards or risks
5-6 The Square, the head lessee went into administration. The Council served a section 81 on the tenants to send the rent directly to the Council instead of the head lessee. The Council is now in negotiation with the subtenants to arrange new leases.
What is a listed building?
A listed building is a building that has been included on the National Heritage List for England (NHLE). The NHLE is compiled and maintained by Historic England. There is a statutory duty on those making planning decisions to have “special regard” to the desirability of preserving the building and any features of historic interest.
What are Conservation Areas?
Conservation areas (CAs) are areas designated by the local planning authority (LPA) as being of special architectural or historical interest with a definable character or appearance. There is no central list of CAs. LPAs will be able to provide information about CAs in their area, including detailed boundaries and when they were designated.
There is a statutory duty on those making decisions affecting CAs to pay “special attention” to preserving or enhancing their character or appearance.
Is permission required?
Many types of home improvement works are covered by permitted development rights (PDRs), which allow property owners to carry them out without planning permission. However, some PDRs do not apply to buildings that are listed or in CAs. The Planning Portal sets out whether planning permission is required for common projects
LPAs can remove additional PDRs by issuing an Article 4 direction if they believe that doing so is necessary to protect heritage assets. Constituents should check with the LPA for restrictions in force locally (eg Hackney Council, Article 4 Directions).
As CA status is about protecting the appearance of an area, permission will often be required for external works such as replacing windows or erecting fences. Interior works will not normally be affected, unless the building is also listed.
A parallel regime, listed building consent (LBC), applies to listed buildings. LBC must be obtained from the LPA for all work affecting a listed building’s historic character, even if the work does not require planning permission.
What are the relevant planning policies?
The withdrawal of PDRs does not necessarily mean that planning consent will not be granted. It simply means that an application must be submitted, so that the LPA can examine the plans in detail. All planning decisions must be made in accordance with national and local policies, taking material considerations into account.
Policy for England is contained in the National Planning Policy Framework (NPPF, July 2021). Chapter 16, Conserving and enhancing the historic environment deals with designated heritage assets, with more detail in the Planning Practice Guidance on the Historic environment.
The LPA’s Local Plan should have a section explaining its general approach to the historic environment (eg Birmingham CC, Development Plan 2031, p84-85). The LPA may also have prepared Conservation Area Appraisals and Management Plans, which will set priorities for the management of specific CAs (eg Trafford Council, Barton-upon-Irwell CAA and CAMP).
what is S106 and CIL
S106 is a section of the Town and Country Planning Act (1990) that gives planning obligations that developers must follow. S106 agreements are negotiable, but a CIL payment is not. S106 agreements have been scaled back to just cover site regulation and site-specific issues. CIL is a tariff-based payment used to pay for essential infrastructure within a particular area. S106 agreements should be focused on addressing the specific mitigation required by a new development.
Tell me about an example of where you have applied health & safety at work practices/disability/construction design and management regulations.
I undertake routine fire testing at The Winchester Center which is a multi occupancy building.
Talk me through your actions on the St Giles Hill graveyard Issue.
The issue came to light when a resident complained about a wall to the rear boundary which is in disrepair. I checked on our GOS and could see that the boundary was on the graveyard. Not under the ownership of WCC. I looked up the warden of St Giles and made contact with him regarding the repairs.
The warden suggested that the maintenance of the graveyard was transferred to the Council in 2020. I engaged with the legal team and began researching the Act and records to see if notice had been served on the Council to take on responsibility.
Although the graveyard was closed in 2021, no notice had been served.
I met with the warden on site and looked at the repairs which involved some tree removal. The warden admitted no notice had been served.
one notice had been served the Council had 3 months to budget repairs but the responsibility should be on the diocese to maintain the yard in good repair. which it has not.
We are now investigating case law on whether the dioceses can hand over the responsibility if the wall are not in repair.
How did you ensure your client’s position was protected when considering section 215 of the Act?
There is no protection, the Council cannot refuse liability for the maintenance of the graveyard. Its purely a time frame of when and costs involved. I ascertained quotations for the repairs which total £100k and a further £15k of tree works.
I will try and negotiate shared costs.
