Legal & Regs

Question 1

What is the The Defective Premises Act 1972?

Answer 1

The Defective Premises Act 1972 is an important piece of legislation in the UK that focuses on the liability of landlords and builders for defects in residential properties. It applies to both new and existing properties and aims to protect occupants from defects that may cause harm or damage to their health or safety.

Under the Defective Premises Act 1972, if a person is injured or suffers damage to their property due to a defect in a residential premises that was caused or created by the landlord or builder, they may have a legal claim for compensation. The Act places a duty of care on the landlord or builder to ensure that the premises are fit for habitation and free from defects that could cause harm.

Question 2

What is the Fire Safety Order 2005?

Answer 2

The purpose is to improve fire safety in non-domestic premises and certain parts of residential premises in England and Wales.

Under the Fire Safety Order 2005, the “responsible person” (usually the employer, occupier, or owner of the premises) is legally responsible for carrying out a fire risk assessment, implementing appropriate fire safety measures, and ensuring the safety of employees, residents, visitors, and anyone else who may be affected by a fire on the premises.

Question 3

What are your responsibilities as a Principal Designer?

Answer 3

1. Planning, managing, monitoring, and coordinating health and safety during the pre-construction phase of a project.
2. Ensuring cooperation and coordination among project team members.
3. Preparing and maintaining the health and safety file.
4. Providing relevant information to other duty holders.
5. Ensuring designers comply with their duties.

Question 4

What is the difference between an Approved Inspector and Local Authority Building Control?

Answer 4

An Approved Inspector is a private business who undertakes the role of ensuring compliance with the Building Regulations and provides sign off upon completion.

Local Authority is the centralised UK authority who are non-profit and can undertake the role of ensuring Building Regulations compliance.

Question 5

What are the pros and cons of an LA vs AI Building Control?

Answer 5

You can argue both ways- an LA may provide a better service because they’re able to give you more time due to being non-profit, however they may not have as much of a vested interest because they’re not trying to retain client’s so their service may not be as timely or helpful.

Question 6

What Regulation relates to asbestos?

Answer 6

The Control of Asbestos Regulations 2012.

Question 7

What are the consequences of ignoring asbestos?

Answer 7

It could lead to reduced health and also possible fines, penalties and lawsuits, especially where others have been put at risk.

Question 8

What is the Fire Safety Act 2021?

Answer 8

The Fire Safety Act 2021 is a new law that amends and extends the Regulatory Reform (Fire Safety) Order 2005. It improves fire safety in multi-occupancy domestic premises by requiring fire risk assessments to include the external walls and the fire doors of individual flats. It also provides the legal basis for meeting some of the recommendations from the Grenfell Inquiry Phase 1 report.

Question 9

What is the UK Planning Permission Process?

Answer 9

1. Pre-application: Before submitting a formal planning application, it is common practice to engage with the local planning authority (usually the local council) for preliminary discussions. This allows the applicant to seek advice, understand local planning policies, and gauge the likelihood of success for their proposed development.
2. Planning application: The planning application involves submitting detailed documents to the local planning authority, which typically include site plans, architectural drawings, environmental assessments, and other relevant information. The application fee must also be paid at this stage.
3. Application validation: The local planning authority reviews the submitted application to ensure it contains all the necessary information. If any information is missing or insufficient, they may request additional documents or clarification from the applicant.
4. Public consultation: In many cases, the local planning authority will require the applicant to undertake a public consultation process. This involves notifying and seeking feedback from the local community, stakeholders, and interested parties, allowing them to express their views and concerns regarding the proposed development.
5. Assessment and review: The local planning authority assesses the planning application, taking into account various factors such as local planning policies, environmental impact, traffic considerations, heritage and conservation issues, and the opinions expressed during public consultation. They may also consult with other relevant bodies, such as environmental agencies or transport authorities.
6. Decision: The local planning authority makes a decision on the planning application based on the information and assessments available. The decision can take the form of either granting planning permission, granting permission with conditions, or refusing the application. The decision must be made within a specified timeframe, typically eight weeks for most applications.
7. Appeals: If the application is refused or granted with unfavorable conditions, the applicant has the right to appeal the decision to an independent planning inspectorate or appeal body, such as the Planning Inspectorate in England and Wales. The appeal process involves submitting additional evidence and arguments to support the case.
8. Implementation: If planning permission is granted, the applicant can proceed with implementing the proposed development. This typically involves obtaining necessary building permits, adhering to any conditions set by the local planning authority, and following relevant construction and environmental regulations