Legal/Regulatory

Question 1

What different types of legislation do you have to typically consider on a construction project?

Answer 1

1. CDM Regulations 2015 - see Health and Safety
   
   2. Health and Safety at Work Act 1974 - see Health and Safety
   3. Town and Country Planning Act 1990
   4. The Building Act 1984
   5. Building Regulations 2010
   6. The Party Wall etc. Act 1996
   7. Wildlife and Countryside Act 1981
   8. Control of Asbestos Regulations 2012 - see Health and Safety
      Regulatory Reform (Fire Safety) Order 2005 - see Health and Safety

Question 2

Give an example, if you have one, of where a client has wanted to ignore statutory requirements, and tell me how you advised them?

Answer 2

To avoid delay a client wanted to proceed with external alterations to a listed property. I advised them that they must consult with the Local Authority even if they feel there is not a significant change. I advised them to delay the works until the next holiday period at the school otherwise they faced the risk of enforcement form the local authority which can be deemed a criminal offence. There are no time limits for issuing listed building enforcement notices. There is no fee for applying for listed building consent.

Question 3

You mentioned you commissioned for an arboriculturist survey, why is this needed?

Answer 3

The arboriculturist survey is required when carrying out developments adjacent to trees, especially when they have a Tree Protection Order. At St Pauls School, the arboriculturist advised on the trenching route and details of how to trench alongside tree routes using an airspade.

Question 4

You mentioned a project for a new car park and fencing to St Marys in Carshalton. Was then fencing on a highway? planning?

Answer 4

Yes, so planning was required as the fencing was higher than 1 metre and we materially changed the type of fencing plus it was in a conservation area, so the Permitted Development rights did not apply.

Question 5

What are the enforcement powers under Town and Country Planning Act 1990?

Answer 5

Local Authority have the enforcement powers and may issue enforcement under Section 172. This is in relation to carrying out the development without the required planning permission, failing to comply with a condition. The Local authority can issue an enforcement within 4 years of substantial completion or within 10 years of a Change of Use.

Question 6

What are the enforcement powers under Planning (Listed Buildings and Conservation Area) Act 1990?

Answer 6

Unlike planning, there are no time‑limits for issuing listed building enforcement notices or for when enforcement action may be taken; carrying out work without the necessary listed building consent or failing to comply with a condition attached to that consent, whereby such works etc materially affect the historic or architectural significance of the building, is an offence under section 9 of that Act.

Question 7

What are the fines for not complying with Planning (Listed Buildings and Conservation Area) Act 1990?

Answer 7

2 years imprisonment and/or an unlimited fine.

Question 8

What did you do prior to the submission of the Listed Building Application? What did you advise the client?

Answer 8

I advised the client that the fee would increase as I would need help from a heritage specialist to produce a Heritage Statement to support the application. The application is free however, it will take up to 8-13 weeks to reach a decision.

Question 9

How did you determine that the lath and plaster ceilings were in need of repair, and how did you determine the extent of work required?

Answer 9

Lathe and plaster ceilings were visible and informed by the facilities manager that this was the case. I used a tap test to determine the soundness of the walls. The hollower it sounds the likelihood of the plaster coming away as soon as one section is cut away. The Heritage Consultant also advised on remedial works. The works also considered the safe working when using hair plaster.

Question 10

Can you name some types regulatory building consents you come across on building projects?

Answer 10

Planning Consent, Listed Building Consent, Building Regulations Approval

Question 11

What are the three types of building control applications?

Answer 11

Full Plans application, Building Notice application and Regularisation application.

Question 12

Can you explain each type?

Answer 12

Full plans application requires the Building Owner to submit detailed drawings to Local Authority. This application can take 5 weeks.
The Building Notice is formal notice issued to the Local Authority confirming that minor works will be commencing, and this should be issued 48 hours prior to commencement. Full plans provide the client with more assurance.
Regularisation is a retrospective application used for regularising unauthorised work to confirm whether a building can be granted Building Control Approval

Question 13

Did you require building control approval for the works, why not?

Answer 13

For the reinstatement works, no we did not as it was routine works. There were no structural alterations, new extensions, changes to thermal elements.

Question 14

What are the enforcement powers under the Building Act 1984?

Answer 14

Local Authority have the enforcement powers to prove the Owner or Building (if issued within 12 months of the works being completed.) did not contravene the Building Regulations.

Question 15

What are the fines under Section 35 of Building Act 1984 and who does it effect?

Answer 15

£5000 and £50 per day thereafter and this affects the builder. Must be issued within 24 months of works completing.

Question 16

What is a Demolition Notice and have you ever had to submit one, and when would you submit one?

Answer 16

It is Section 80 under the Building Act 1984. It is the notice provided to the Local Authority for the intended part or full demolition.
Six week prior to commencing with works.
Local Authority can issue a counter notice.

Question 17

What is the distance required between two buildings in terms of Fire Safety?

Answer 17

Part B states The area of walls permitted to have reduced or undetermined fire resistance (known as “unprotected areas”) - such as openings for windows or doors - will be dependant on how close these elements are to the boundary. The less unprotected areas on an elevation the closer it can be sited to an adjacent property.

Question 18

What is an Asbestos Management Survey?

Answer 18

It is a standard asbestos survey require in building built before 2000. It is a visual and non-intrusive survey to assess the asbestos risk during normal occupancy. Its purpose is to locate, as far as reasonably practicable, the presence and extent of any asbestos containing materials (ACM’s) present in the building and assess if these could be damaged or disturbed during normal occupancy.

Question 19

What is a Refurbishment and Demolition Survey?

Answer 19

It should be carried out before any works commence on site. It is an intrusive survey where lab analysis and sampling is undertaken to accurately determine whether the works are likely to disturb any asbestos within the proximity of the works.

Question 20

When arranging for R&D surveys what areas of the building do you have the survey carried out?

Answer 20

The work areas and areas adjacent to the room in case any further opening up is required. For example, if working in a classroom, I would ensure the corridor, plant room and adjacent rooms were all checked to ensure the exercise only has to be carried out once.

Question 21

What are the three types of asbestos and colours?

Answer 21

White – Chrysotile, Blue – Crocidolite, Brown – Amosite.

Question 22

What are examples of notifiable asbestos, non-notifiable asbestos and non-licensed asbestos works?

Answer 22

(LN Works) Licenced notifiable asbestos are materials that are friable like, pipework lagging, AIB, loose fill asbestos.
(NNL Works) Notifiable non licenced are damaged or large quantities of non licenced asbestos.
(NNNL Works) Non notifiable non licenced include cisterns, asbestos floor tiles, low content artex ceilings.

Question 23

Who should you apply to for notifiable asbestos removal?

Answer 23

HSE or local authority.

HSE are the enforcing authority who oversee this as part of the HASAW Act 1974. 14 day notification period.

Question 24

What documentation would you expect to find in relation to Asbestos in a building built in 2001?

Answer 24

As it is built in 2001, asbestos was banned in 1999 and there should be no asbestos content in the building.

Question 25

What are the two common types of Leases?

Answer 25

Full Repairing Insurance or Internal Repairing Insuring Lease.
IRI stands for an Internal Repairing Insuring lease where the tenant will have a narrower liability for maintenance, decorations, repairs, and insurance confined to the internal parts of the property
FRI stands for a Full Repairing and Insuring lease where the tenant has responsibility for all external and internal maintenance, decorations, and repairs as well as the liability for insuring the building.

Question 26

What would you find in a terminal schedule of dilaps?

Answer 26

In a terminal dilapidations schedule you will find a brief description of the site survey and who undertook it. It will list the important lease clauses and tenants covenants that are referred to within the Scott Schedule. The Scott Schedule is likely to be costed by the surveyor outlining the breaches, remedies and costs relating to the owed damages for returning that breach back to its original condition.

Question 27

What legislation governs Dilapidations?

Answer 27

Dilapidations Protocol and Civil Procedure Rules

Question 28

What roles are undertaken by Surveyors for Dilapidations?

Answer 28

1. Expert Witness,
2. Alternative Dispute Resolution,
3. Dilapidations Advisor.

Question 29

What is Section 18 of the Landlord and Tenant Act 1927/1954, and how does it protect Tenants?

Answer 29

Under Section 18, it refers to Limb 1 and Limb 2. Limb 1 is Diminution in Value - This protects the tenant as the landlord cannot request the tenant to repair beyond the reversion. Limb 2 is Supersession - If the Landlord is planning to significantly alter or demolish their property, they cannot expect the tenant to repair the property as their cost to repair is deemed worthless and unnecessary.

Question 30

What are the three types of dilapidations schedule that can be submitted?

Answer 30

1. Interim
2. Terminal
3. Final

Question 31

What is required to be on a valid PW notice?

Answer 31

Party wall notices must have the names and addresses of the building owners, be signed by the owners or their representative, be dated (using the delivery date), must be served on all adjoining owners and must give sufficient details of the intended works and the date to which you want to start.

Question 32

What happens if the AO does not respond to your notices?

Answer 32

They would be deemed to have dissented, and dependent on the type of notice, the following steps that would have to take place.

Question 33

What can you do you do as an AO if the BO does not serve notice on you for notifiable works?

Answer 33

As AO, you can serve an injunction notice through the courts to request the BO to stop works until the appropriate notice is drawn up.

Question 34

What are notifiable works under the Party Wall Act?

Answer 34

A new wall at the line of junction, to expose or carry out works to the party structure and this includes thickening, cutting into, extending, demolishing, rebuilding and the adjacent structure notice.

Question 35

And what section of the act does each of those works relate to?

Answer 35

Section One, Section Three and Section Six

Question 36

For example, if you serve a notice and there is no response from the notice what happens?

Answer 36

The adjoining owner is assumed to have dissented to the works. Under Section 1, this means you can only fully build wholly on your land.

Question 37

And what happens when the surveyor is not responding to your requests, what can you do?

Answer 37

If the surveyor does not respond, under Section 10 you can serve a notice, also known as a request to the unresponsive surveyor where he has 10 days to respond following the date the request is served. The Surveyor who served the notice can either act as effectively the agreed surveyor or enjoin with the Third Surveyor. The Party Wall Award can then be agreed.

Question 38

Can you sack a Party Wall surveyor that has been appointed?

Answer 38

No, they can only be relieved of their duties if they fail to respond in line with the act or die.

Question 39

Talk me through the process of agreeing a party wall award? What advice would you give the client with regards timescales?

Answer 39

Each section has a notice period, Section1-1month notice, Section 3 - 2 month notice, Section 6 1 month notice period. The notice periods are prior to commencement and expire after 12 months, so should only be issued once the client is prepared to carry out works and all the majority of the works have been considered

Question 40

What is the purpose of the Party Wall Act?

Answer 40

Provides a framework for preventing and resolving disputes in relation to party walls, boundary walls and adjacent excavations where 2 owners share a structure.