Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

APC > Legal & Reg > Flashcards

Legal & Reg Flashcards

1
Q

What is the Building Act 1984?

A

The Building Act 1984 is a UK legislation that sets out the legal framework for regulating the construction, alteration, and demolition of buildings, ensuring safety and compliance with building standards.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the Building Regulations 2010

A

The Building Regulations 2010 are a set of specific standards and requirements in the UK that govern the design, construction, and alteration of buildings to ensure they meet safety, energy efficiency, and accessibility standards.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What qualifies as building work under the building regulations?

A
  • extensions of buildings
  • extension of a controlled service
  • material alteration of a building or a controlled service
  • material change of use (regulation 6)
  • Insertion of insulating materials
  • underpinning
  • Work required by reg.22 (change of energy status)
  • Work required by reg. 23 (relating to thermal elements
  • Work required by reg. 28 (changes to energy performance)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

When do you not need approval under the building regs?

A
  • repairs, replacement and maintenacd works (except heating systems, oil tanks, fuse boxes and glazing units)
  • new power and lighting points or changes to exisitng circuits (except aroind baths and showers)
  • like-for-like replacement of baths and showers.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What buildings are exempt from Building regs?

A

No buildings are exempt from all building regs, however the following are exempt from Part A-K and N&Q. (Part L and P may apply)

  • Class 1 _ Buildings controlled under other legislation
  • Class 2 - Buildings not frequented by people.
  • Class 3 - Greenhouses & Agricultural Buildings
  • Class 4 - Temporary Buildings
  • Class 5 - Ancillary Buildings
  • Class 6 - Small detached buildings
  • Class 7 - Conservatory/porch (floor area cannot exceed 30m2)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What are the approved documents?

A

Approved documents provide guidance on how to apply with the Building regulations.

A - Structures
B - Fire Safety
C - Site Preparation & resistance to contaminants
D - Toxic Substances
E - Resistance to sound
F - Ventilation
G - Sanitation hot water safety & water efficiency
H - Drainage & water disposal
J- Combustion appliances & fuel storage systems
K - Protection from falling, collision and impact
L - Conservation of fuel & power
M - Access to and use of buildings
O - Overheating
- P - Electrical Safety
Q- Security in dwellings
R - Infrastructure for electronic comms
S- Infrastructure for charging EVs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is the Landlord and Tenant Act 1927?

A

The Landlord and Tenant Act 1927 is a UK law that governs the rights and responsibilities of landlords and tenants, particularly concerning leases of residential and commercial properties, including issues like rent, repairs, and termination of tenancies.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is section 18 of the Landlord and Tenant Act 1927?

A

Section 18 or Diminution Valuations a statutory cap on damages for breach of the repair covenant following lease expiry and can be broken down into two limbs:

Limb 1: Limits the landlords claim should the value of the repair works exceed the value difference between the property in repair and not in repair.

Limb 2: Limits the landlord claiming for works that would be superseeded by the landlords future intentions for the space.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What are the types of dilapidations schedule?

A

Interim - during the term and relating to breaches of convenant (not yield up)

Terminal - at the end of the term and will include yield up.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What other legislation may apply to dilapidations?

A
  • The Leasehold Property Repairs Act 1938 which sets out limitations on landlords remedies for dilapidaitons during the lease term. It applies to forfeiture and damages only)
  • Law of Property act 1925 and the Section 146 Notice - which notifies the tenant of the breach and gives them a specified period to rectify the situation. If the breach is not remedied within the given timeframe, the landlord may take further legal action, such as terminating the lease or seeking damages.
  • Landlord and Tenant Act 1954 - which provides security in tenure. If the lease is inside the at then at the end of the term the landlord is required to give a new lease on the same terms with modernisation and a new market rent.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Why was the Building Safety Act 2022 introduced?

A

It was introduced following the greenfell tower fire and intrdocued a comprehensive framework clarifying roles and responsibilities, and strengthening enforcement powers.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What are the key changes following the introduction of the Building Safety Act 2022?

A
  • Creating the new BSR
  • enhanced regulatory framework
  • Accountability and duty holders
  • Building Safety Case - required by building owners
  • Gateway process - for HRBs to undergo independent scrutiny at key stages
  • Strengthening enforcement powers for BSR
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is a High Risk Building under the BSA 2022?

A
  • A building with 7 or more storeys or 18 m and above
  • Atleast 2 residential dwellings
  • If a building is entirely :
  • hospital
  • care home
    (They only fall under the regime for the design and construction aspect, not occupational)
  • miliatry barracks
  • prisons
    Are excluded from both aspects of the high risk building regime.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is the yield up covenant?

A

It is a covenant that obliges the tenant to leave the leased premises in a defined condition at lease expiry.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What legisliation surrounds listed buildings and Listed building consent?

A

The Planning (listed Building and conservation areas) act 1990.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is the The Planning (Listed Buildings and Conservation Areas) Act 1990?

A

It aims at protecting buildings in areas of historical and architectural significance by placing them on a statutory list. It regulates the alterations and demolitions of listed buildings and controls development within conservation areas to to preserve character and heritage.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is included within a an application for listed building consent?

A
  • Detailed plans and drawings
  • Specification for proposed alterations
  • Heritage statements
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Who can apply for LBC?

A

Anyone with a legal interest in the listed building.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is a schedule of condition

A

a schedule of condition is a report on the condition of a property at a specific moment in time. Often used in lease agreements or transactions to record a baseline of the property’s condition.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is a calderbank offer?

A

A calderbank offer is an offer that is without prejudice save as to cost, meaning that the information shared cannot be used in court, with the exception to the offered cost. Which is useful in the courts deciding who should pay the legal costs.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is a Part 36 offer?

A

A Part 36 offer is made under the Civil Procedure Rules (CPR) and is a formal offer to settle a dispute. There are specific formal requirements that are set out in the CPR such as whether the offer is for all or part of the claim.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is the benefit of Part 36 or Calderbank offers?

A

If the proceedings end up in court it can provide cost benefits such as cost protection and interest on damages.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What are the different types of classification of listed building?

A

Grade 1, 2 and 2*

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What percentage of listed buildings are there and at each level?

A

Approx 380k listed buildings split in this ratio:
-2.5% in Grade 1
- 5.8% in Grade 2*
- 91.7% in Grade 2

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

What is a Section 25 Notice under the Landlord and Tenant Act 1954?

A

A S.25 notice is what the LL would serve if they want to end a lease under the act.

Two forms:

Hostile - ends exisiting and proposes a new lease on one of the limited grounds available.

Friendly - ends exisitng but LL willing to accept a new lease on new terms

26
Q

What happens when a S.25 notice is served?

A
  • triggers a negotiation
  • Tenant should note deadline on S.25 notice
  • By deadline T should have:
  • agreed and completed new lease
  • agreed on an EoT tp notice period
  • issued court proceedings for a new lease

Otherwise the T loses the right to occupy and right to a new lease.

27
Q

What case law relates to repair notices?

A

Jarvis v Harris 1996

28
Q

What does Jarvis v Harris state?

A

Where a LL has served a repairs notice if the tenant does not comply, the LL can enter and undertake the works and recover the cost from the tenant as a debt.

29
Q

What is case law around assessing the state if repair and or disrepair?

A

Proudfoot v Hart 1890

States that good and tenantable repair is such repair having regard to the age, character and locality of the property.

30
Q

What takes precedence the lease or legislation.

A

Law trumps lease.

31
Q

Who is responsible for maintaining the golden thread of information?

A

The Client

32
Q

What is the golden thread of information?

A
  • Digital record of crucial building information - starting from the design phase and continuing throughout the buildings life cycle.
33
Q

What does Approved Document T cover and what is something that it includes?

A

Toilet Provisions

  • Male and female WCs in a building not unisex
  • If no space for single sex, then fully enclosed unisex toilets should be provided
34
Q

What changes have their been to Approved Document M?

A
  • Provisions of changing place toilets in certain building types
35
Q

What are building control called under the new BSA 2022?

A

Registered Building Inspector

36
Q

What is the Quantified Demand?

A

The QD should:

  • set out all aspects of the dispute and substantiate the monetary sum sought as damages as well as any other items for which damages are sought: consequential losses, VAT and Fees.
  • confirm the LL surveyor will atend meetings
  • ## specify a date by which the tenant should respond
37
Q

What should be included in a Schedule of Dilaps?

A
  • Breaches
  • Works required
  • Rates and quants
  • Endorsement
38
Q

When are each of the dilaps schedules served?

A
  • Interim - during the term
  • Terminal last 3 years
  • Final - after expiry
39
Q

What legislation is available to protect tenants in respect to interim schedules and what does it do?

A

Leasehold Property Repauirs Act 1938

  • Protects tenants on long term leases (7 years or more, with 3 years remaining) around repairing obligation and includes:
  • Tenants right to service a counter notice on a Landlord’s repair notice (has to be within 1 month)
  • Court’s Role - Landlord must obtain permission from the court to enforce repair notice if a counter notice is served
  • ## Limits Landlord’s power to serve repair demands unreasonably
40
Q

How does Jarvis v Harris counter the repairs act 1938>?

A

In this case law, there was something know as a self help clause, allowing the landlord to undertake the repairs and charge back through the tenant.

41
Q

How do you define condition in leases?

A

It involves an aesthetic element and therefore works may be required even if the specific item is in repair and functioning. i.e. a roof in repair would be holding out water, however a roof in repair and condition would be required to be clean and moss free etc.

42
Q

What is the difference between a chattel and a fixture?

A

Chattels are moveable and not part and parcel to the land.

Fixture is fixed to the land, however can be removed and be installed elsewhere whilst retianing its function.

43
Q

How to classify a Landlord fixture and a tenant fixture?

A

Landlord fixtures - installed before lease.

Tenant fixture - installed by the tenant for the purpose of trade or convenience. Capable of removing without causing damage to the land.

Should a tenant replace a landlord fixture with their own this is a landlord fixture - Sunderland v Newton.

44
Q

What is the relevance of a repairs notice served pursuant to a Jervis v Harris clause with
regards to the landlord’s ability to recover the cost of any works etc?

A

Under a Jervis v Harris clause or a Self help clause the landrod can serve a repairs notice and should the tenant not remedy the repair within 2-3 months the Landlrod has the right to enter the property and undretake the repair and recover the cost as debt.

45
Q

The Leasehold (Property Repairs) Act sets out five grounds, at least one of which must be
demonstrated, for a landlord to successfully prosecute a claim for dilapidations during the
term. What are they?

A
  1. Want for repair - tenant has failed to keep premises in the state of repair required by the lease
  2. Damage to the property - condition of property has detioriated so much that is has caused damage to property or neighbouring property
  3. Non-compliance with Notices -tenant has not complied with a correctly served notice
  4. Decrease in Property Value - value of property is lower due to disrepair
  5. Impact on occupiers or neighbours
46
Q

What is a Section 146 and a Section 147 Notice and what legislation are both issued pursuant
to?

A

Law of Property Act 1925

S.146 served by Landlord when their has been a breach of the lease terms (exc. non payment). Served as a preliminary step before the landlord can pursue termination.

S.147 comes into play when a tenant serves a counter notice to the s.146. It is a court application to enforce the repair obligations within the s.146

47
Q

Define vacant posession?

A

Empty and free of people and chattels

48
Q

In normal circumstances, can a tenant be held liable for repairs to a premises resulting from
an inherent defect?

A

Depends on the type of lease, FRI or Internal Repairing?

49
Q

What is the Five Part Test to establish repair liability.

A

Dowding and Reynolds 5 stages analysis (for repair)
1. Is the item demised?
2. Has there been damage or deterioration from a former state?
a. i.e. from new
b. Condition obligation - if something was built or installed badly although not in disrepair it falls into a poor condition and therefore is resonsibilty of tenant to remedy
3. Does the item fall below the required standard pf repair?
a. Level of repair relates to the age, character and location at the start of the lease term
b. Not all defects are disrepair
4. What is the required remedial work?
a. The most reasobable economic remdial works that satisfy the obligation
b. The works the tenant would select, given their short term interest in the property
5. Fact and degree test
a. Is the landlord asking for a ‘difffernt thing’?
b. Is the cost of works disproportionate ?
c.Was the lease very short, or very long?

50
Q

What makes a lease?

A

Street v Mountford 1985 states that the requirements of a lease are that it: grants exclusive occupation, incorporates payment of a rent and is for a specified term.

51
Q

What court deals with construction disputes?

A

Technology and Construction Court

52
Q

How did you establish what was in the demise at Lime Street Dilapidations?

A

I used the redline drawing on the plans and reviewed the description of the demised premises in Schedule 1.

53
Q

What takes precedence a red line plan within a lease or a description of the premises?

A

Lease description takes precedence

54
Q

For your dilapdations example at the office in Farnborough, how did you protect your clients interests in respect to reinstatement?

A

As soon as i received the legal info, i reviewed the reinstatement/alteration covenant to identify whether there s any requirement for notice from my client.

55
Q

Who enforces the requirements under the Building Regulations?

A

The local authority building control or registered building approvers?

56
Q

What options do you have available during dilapidations negotiations, if a party is not disclosing certain inforamtion?

A

Pre-Action Disclosure Application under the CPR Pt 31

  • if proved a successful application will force the other party to share the relevant documents/info
57
Q

What is the limit for any enforcement action in respect to planning and does this also apply to listed buildings?

A

10 years for planning, however there is no limit on listed buildings.

58
Q

What is the Disability Discrimination Act 1995?

A

The DDA 1995 was repealed and superseded with the Equality Act 2010, however it made it illegal to discriminate in any way with disabled people.

59
Q

What is a Right of Light?

A

It is a right for an amount of day light. This is most often prescribed under S.3 Prescription Act 1832. However, this can be expressly granted within a conveyance document.

60
Q

How to challenge a right of light?

A

Either have to prove a 1 year obstruction, or issue an obstruction notice that is not challenged for a year.

An agreed compensation can be agreed and the right of light can be released via a deed of release.

APC (24 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions