Legal and regulatory compliance Flashcards
What are building regulations?
The building regulations are made under powers provided in the building act 1984 and apply in England and Wales. They exist to ensure health and safety of people in and around all types of buildings.
What are the approved documents within building regulations?
The approved documents provide guidance on how the building regulations can be satisfied. They have legal status under the building act 1984 and there are 14 approved documents.
Can you please name some of the approved documents?
B – fire safety, M – Access to and use of building, P – Electrical safety, Q – security.
How would you get building regulations approval for a project?
Contact the building control service provided by your local authority.
Who is responsible for ensuring compliance with the building regulations?
The primary responsibility is with the person carrying out the building work.
What is NPPF?
The national planning policy framework sets out the government’s planning policies for England and how these are expected to be applied. Published March 2012, designed to make the planning system less complex and more accessible.
What are the policies behind the NPPF?
Sustainable development, community decision making, town centre renewal, housing.
What is a listed building?
A listed building is a building that has been placed on the statutory list of buildings of special architectural or historic interest.
How is a building listed?
An application is submitted to Welsh (Cadw) or English heritage. Anyone can submit a property. It is then at the discretion of the secretary of state who can seek advice.
Under what legislation is a building listed?
Planning Act 1990.
What classes of listed buildings are there?
Grade 1, Grade 2*, Grade 2.
Why are buildings listed?
The criteria for listings include architectural interest, historic interest and close historical association with significant people or events.
What part of a building is listed?
Although only a small part of a building may be listed, the listing applies to the whole building.
When would you need to apply for listed building consent?
A listed building may not be demolished, extended or altered without special permission from the local planning authority.
How long does it take to gain listed building consent?
From validation of application, most authorities aim to have a decision within 8 weeks although they can take as long as 12 weeks.
Please explain your understanding of the term dilapidations.
Dilapidations refer to breaches of lease obligations either implied or expressed. Typically they relate to reinstatement, repair, redecoration and the subsequent costs associated with carrying out these works. A schedule of dilapidations is normally produced to identify any breaches of the lease. The legal remedy is typically a claim for damages if not rectified prior to lease expiry.
Are you aware of any RICS guidance on dilapidations?
RICS guidance notes – Dilapidations in England and Wales 7th Edition – 2016. Producing schedules of dilapidations, Scott schedules – schedules which include the parties point of view, Diminution valuations – valuation to see the impact on value from dilapidations.
What is the potential role of a surveyor in relation to dilapidations?
Surveyors can act as advisors, expert witnesses or dispute resolvers.
What are the 5 stages of dilapidations?
Stage 1 – preparation, Stage 2 – inspection, Stage 3 – Preparation of schedule, Stage 4 – Quantified demand document, Stage 5 – response and negotiation.
What is a terminal schedule of dilapidations?
A terminal schedule of dilapidations is done in anticipation of the lease ending.
What is an interim schedule of dilapidations?
Produced to prepare for contemplation of the remedy of any alleged breaches.
What are break clauses?
They permit tenants and landlords to terminate leases on an intermediate date during the lease term. They can be conditional.
What is a Calderbank offer?
A Calderbank offer is a settlement offer made on a ‘without prejudice save as to costs’ basis.
What is the landlord and tenant act 1985?
The landlord and tenant act 1985 is the primary UK legislation for governing the minimum rights and responsibilities of both landlord and tenants. Applicable to all short leases of less than seven years.
What is the law of property act 1925?
The objective was to facilitate and cheapen the transfer of land. States of conveyances of land must be in writing and where required by way of deed.
What is the Defective Premises Act 1972?
It stipulates that the liability of landlords and contractors of poorly constructed and poorly maintained buildings in addition to any injuries that may result because of this.
What are the civil procedure rules 1998?
Provides rules and practice directions for dispute procedures.
What is a party wall?
A party wall is a wall standing on the land of two owners or part of a wall standing on the land of one owner that separates the buildings of two owners.
What is the party wall act 1996?
The act enables land and buildings owners to undertake certain specific works on, adjacent to, adjoining premises while giving protection to potentially affected neighbours.
