Legal and Regulatory Compliance Flashcards
Level 1 - 3
What are the main sections of the Party Wall etc Act 1996 ?
Section 1 applies where it is proposed to erect a new wall at a boundary that is not already built on.
Section 2 concerns existing party structures, which include party walls, floors and partitions (that separate buildings or parts of buildings), party fence walls (essentially a boundary wall between lands in separate ownership which is built astride a boundary) and, in some instances, a neighbour’s independent property.
Section 6 can apply to excavations up to 6 m away from a building or structure on neighbouring land, subject to depth criteria which the Act sets out.
What are the three types of Notice under the Party Wall etc Act 1996
Section 1: Line of Junction Notice
Section 3 (for S2 works): Party Structure Notice
Section 6: Notice of Adjacent Excavation
What is supersession ?
Supersession is an undefined legal concept which effectively means that a landlord should not claim for the remedy of a tenant’s breach, because the landlord is proposing to do something else to the building which would supersede the need for the tenant to remedy their breach.
What is Section 1 Notice / Line of Junction Notice ?
If you are planning to build a new wall either as a Party Wall or a Party fence wall (astride a boundary) subject to your neighbour’s consent, or up to the line of junction and wholly on your own land, a Section 1 Notice must be served.
If a proposed wall needs foundations to a lower depth than your neighbours foundations, a Section 6 notice could also be required.
One month notice must be given before the works commence.
What is a Section 3 Notice / Party Structure Notice?
If you are planning to cut into a Party Wall to insert flashings or a damp proof course, cut away chimney breasts or projections, raise, rebuild repair, underpin, expose the Party Wall to the weather
or enclose upon a wall on or at the line of junction turning it into a Party Wall, in such cases a Section 3 Notice must be served.
Two months notice must be given for a section 3 Notice.
What is a Section 6 Notice / Notice of Adjacent Excavation ?
If you are planning to excavate within 3m of neighbour’s foundations to a lower depth, or within 6m to a lower depth than a line struck at 45 degrees down from the underside of the neighbour’s foundations, then a section 6 notice must be served.
One month notice must be given before work commences and in addition, plans and sections of the proposed works must be provided with the notice.
Under planning what are the use classes ?
Class B2 - General Industrial
Class B8 - Storage and Distribution
Class C1 - Hotels
Class C2 - Residential Institutions
Class C2A - Secure Residential institution
Class C3 - Dwellinghouse
Class C4 Houses in multiple occupation
Class E - Commercial, Business and Service
Class F - Local Community and Learning
Sui Generis - (in a class of its own) anything not included in the other classes.
What is a build over agreement ?
A Build Over Agreement is required where building work is to take place close to (within 3 metres of) or over the route of an existing public sewer or drain. Any work involving new foundations, underpinning, piling or basements requires approval of the Water Company prior to work commencing on site.
What is a section 146 notice ?
A notice to forfeit the lease as a result of the tenants failing to meet a specific clause.
What is a section 18 notice ?
S18(1) of the Landlord and Tenant Act 1927 related to
Diminution of value
Supersession
When do you need to comply with Building Regulations regarding upgrading works ?
Roof replacing more than 25% thermal upgrading required.
Thermal elements - More than 50% of the thermal elements (surf area) being replaced it should complies with L1A.
Are you aware of any new approved documents that will be implemented soon ?
Part O - Overheating
Part S - Electrical Car Charging
What is the purpose of The Town and Country Planning Act 1990?
Takes account of the policies at national and regional level insofar as they affect the physical and environmental planning of its area; and. Provides the framework for local plans
What is the RICS Dilapidations document ?
The RICS Guidance note 7th Edition Sep 2016, provides practical guidance to dealing with dilapidations within England and Wales. Subjects include taking instruction, documentation, inspection , schedules, diminution valuations.
What is Section 18 of the Landlord and Tenant Act 1927 ?
I) A diminution valuation is required, and damages are usually capped by reference to the diminution in the value of the landlord’s reversion. Two valuations are prepared by a specialist valuation surveyor, one of the property in its current state and another if the tenant kept up with all of their obligations. The difference between the two valuations places a cap on the repair obligations only, not reinstatement and decoration.
II) No costs can be recovered by the landlord if at or shortly after termination of the lease, the building will be structurally altered in a way that would render the repairs valueless or the building is to be pulled down
