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APC - Building Surveying > Legal / Regulatory > Flashcards

Legal / Regulatory Flashcards

1
Q

What are “dilapidations”?

A

The state of disrepair of a leased property, and the legal obligation for tenant to rectify disrepair at the end of a lease.

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2
Q

What would a “Schedule of dilapidations” typically include?

A

Relevant lease/tenancy obligations
Any lease clauses breached
Remedial works undertaken or proposed to correct breach
Costs for those works
Two types: “Interim” and “terminal”.

Sometimes “Scott schedule” column allows each side to write their views.

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3
Q

What is the “Dilapidations Protocol”?

A

Steps the landlord/tenant takes to try and reach dilaps agreement, prior to Court proceedings/mediation etc.

Starts with a surveyor doing a “Schedule of dilaps”.
It is served on tenant. They get their surveyor to assess Schedule. Liabilities negotiated.
Tenant either agrees settlement, or carries out works. Liabilities then signed.

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4
Q

What pieces of legislation are relevant to dilapidations?

A

Dilapidations Protocol (England and Wales), adopted by CPR in 2012
Landlord and Tenant Act 1927

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5
Q

What are the “Civil Procedure Rules”?

A

Rules introduced in 1998 for the simplification of the justice process, make them cheaper, quicker and simpler, and improve access for non-lawyers.

Introduced “pre-action protocols”.

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6
Q

What is the “Decent Homes Standard”?

A

Technical standard introduced by labour government in 2000, to ensure homes are brought up to a minimum standard in the public sector.
Must have:
- Reasonable state of repair
- Reasonably modern facilities and services
- Reasonable degree of thermal comfort

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7
Q

hat is the “Homes (Fitness for Human Habitation) Act 2018”?

A

Rented houses/flats must be “fit for human habitation” - healthy, safe and free from things that could cause harm.
More power to renters

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8
Q

What must a duty holder actually DO under CAR 2012?

A
  • Take reasonable steps to find asbestos, keep details recorded in a survey
  • Assess risk of that asbestos to people
  • Prepare an Asbestos Management Plan (could involve removing or repairing asbestos material)
  • Keep survey/plans up to date
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9
Q

What is “licensed” asbestos work, and what does it involve?

A

Working with high-risk asbestos (friable, high asbestos content, usually sprayed on, eg. lagging)
- Must notify HSE 14 days before works
- Medical every 2 years
- Risk assessment, emergency arrangements
- Trained workers, suitable insurance

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10
Q

What is “notifiable non-licensed” asbestos work, and what does it involve?

A

Working with lower risk asbestos, but where risk is higher due to breakage/release of fibres/poor condition of asbestos (eg. hacking up floor tiles)
- Must notify HSE any time before works start
- Medical every 3 years
- Risk assessment, train workers, insurance

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11
Q

What is “non-licensed” asbestos work, and what does it involve?

A

Working with low risk asbestos, low risk of disturbance (eg drilling holes).
- Risk assessment, train workers, insurance

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12
Q

What is the “Homes (Fitness for Human Habitation) Act 2018”?

A

Rented houses/flats must be “fit for human habitation” - healthy, safe and free from things that could cause harm.
More power to renters

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13
Q
  1. Who are the duty holders under the Control of Asbestos Regulations?
A

Anyone responsible for management, repairs or maintenance in non-domestic building (could be building owner).
Only applies to communal parts of flats – not flats themselves.

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14
Q

Are you aware of any environmental legislation relevant to the work you undertake?

A
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15
Q

What are the Civil Procedure Rules (CPR)?

A

Rules introduced in 1999 for the simplification of the justice process, make them cheaper, quicker and simpler, and improve access for non-lawyers.

Introduced “pre-action protocols”, starting with a “claim form” being served by courts.
Different “tracks” of legal pursuit (small claims, fast, multi)

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16
Q

When do (Building) Surveyors encounter the CPR?

A
  • In construction and engineering disputes, claims of negligence.
  • Peabody, legal disrepair claims.
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17
Q
  1. When do the CDM Regulations apply?
A

To ALL construction work in UK, inc. domestic.

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18
Q

Give me some examples of the key duty holders of the CDM regulations.

A
  • Client
  • Principal Designer (only when more than one contractor). If client fails to do so, they are the PD
  • Designer
  • Principal Contractor (only when more than one contractor) If client fails to do so, they are the PC
  • Contractor
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19
Q

Under CDM, is a Principal Designer required on all projects?

A

No, only where there is more than one contractor (inc. subcontractors).

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20
Q

When is a project notifiable under CDM?

A

When it exceeds 500 person days, OR there are more than 20 operatives on site at any time and it lasts more than 30 days.

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21
Q

What is a H&S file? Who updates it?

A

PD prepares it in pre-construction phase.
Contains info that may be relevant to subsequent projects, and maintenance, to ensure their H&S. Given to client at end of project.

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22
Q

Give me some examples of what would be in a:
a. Pre-Construction Information file

A
  • Log of info requested from client
  • Name the dutyholders/roles
  • Site information
  • Project nature, works and key dates
  • Clarify requirements for safe working (eg,. Who is responsible for site security)
  • Identify safety and health hazards and risks
  • Site layout plan
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23
Q

Give me an example of what would be in a B: Construction Phase Plan.

A

i. Project directory, works programme
ii. General site arrangements – identify unloading areas, welfare, access, traf-fic/pedestrian management systems,
iii. Emergency procedures – Fire, terrorist, bomb procedures, route to nearest hospital, OOH contact umbers, scaffold alarm details
iv. Risk Assessment, and Method Statement
v. Training records, insurance details, accident report forms

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24
Q

Give me an example of what would be in a c. Health and Safety file

A

i. Same project directory and info BS as before
ii. Hazards left on site (residual) inc. materials used (coatings, paints, flamma-ble etc)
iii. Structural alterations/limitations
iv. Location of services
v. Info on safe operation and maintenance

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25
Q

b. How often should the asbestos management survey be done?

A

CAR 2012 says “reviewed and revised at regular intervals”, and/or if “plan is no longer valid”, “significant change to the building”

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26
Q
  1. Why is asbestos dangerous?
A

Contains micro fibres which inhaled can become lodged in lung tissue, causing damage over long period of time. Cannot be removed.
Can lead to lung cancer, asbestosis, mesothelioma

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27
Q

a. If no asbestos qualification, shouldn’t you have an ‘Awareness’ certificate at least?

A

I have done CPD, including a course at Peabody with certificate, and RICS seminar in Oxford Circus, and read the RICS Guidance Note
Should I have got an “awareness” certificate? “IATP” awareness certificate exists - £20.

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28
Q

Asbestos - What level of license / notification is there?

A

Level 1: three categories:
- Licensed work: higher risk works, must be done by “licensed” contractor.
- Notifiable non-licensed work: Lower risk works, but still require 14-day notification to the “relevant enforcing authority” (local authority, HSE, or Office of Rail and Road)
- Non-licenced work: meets HSE criteria, lowest risk

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29
Q
  1. What are the current asbestos regulations? (L1)
A

Control of Asbestos Regulations 2012

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30
Q

What are the main sections of the party wall Act

A

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.

The three types of Notice are known, respectively as:

Section 1: Line of Junction Notice
Section 3 (for S2 works): Party Structure Notice
Section 6: Notice of Adjacent Excavation

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31
Q

Under planning what are the use classes ?

A

The classes were updates in Sep 2020 to :

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.

32
Q

When can you serve an interim dilapidation claim ?

A

To any lease longer than 7 years with more than 3 years remaining (other would be terminal)

33
Q

What is a section 146 notice ?

A

A notice to forfeit the lease as a result of the tenants failing to meet a specific clause.

34
Q

What is a section 18 notice ?

A

S18(1) of the Landlord and Tenant Act 1927 related to

Diminution of value
Supersession

35
Q

Can you give me some examples of permitted development rights ?

A

Permitted development rights are the right to carry out certain works without planning permission. These rights are contained within the The Town and Country Planning (General Permitted Development) (England) Order 2015.

Examples of works :

Single storey extension - max height 4m,3m if within 2m of a boundary, max depth 4m if detached house
Two storey extension - Max height to match house

36
Q

When do you need to comply with Building Regulations regarding upgrading works ?

A

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.

37
Q

What are the main types of Building Regulations applications ?

A
  • Full plans
  • Building notice
  • Regularisation
38
Q

What are the consequencs of an enforcement notice?

A

Enforcement could take the form of injunction or prosecution. Enforcement notice is served on all the owners, lessees, mortgages and other persons with a material interest in the property. Failure to comply is £20,000 upon conviction in magistrates, and unlimited fine at Crown. Enforcement notice is also entered on the local land charges records, which could make the future sale or financing property more difficult.

39
Q

Why did Stonebridge Road extension need to come down?

A

Also it would be my understanding that even if reduced to 3 metres he would still have to obtain the relevant planning permission and obtain the CP4 certificates NICEIC certificates and building documents. It was confirmed that according to Haringey’s records the development did not have the required planning permission and was not considered to be exempt from planning permission.
In addition, the development was not considered to comply with the Council’s adopted polices, as the rear extension was considered to be an incongruous form of development that detrimentally affects the character of the host dwelling and wider local area.

40
Q

What are the 3 relevant notices for Party Wall

A

S1 LINE OF JUNCTION
S2 PARTY STRUCTURE NOTICE
– S6 EXCAVATION

41
Q

What information did you include in the Pre-Construction Information for the Homerton Building project?

A
42
Q

Party Wall - timescales for a dispute:

A

What happens after I serve notice?
If the Adjoining Owner gives written notice within 14 days consenting to the proposed works, the work (as agreed) may go ahead.

43
Q

What building work will or will not require planning approval?

A

Works that require approval:
- Works to vegetation under TPO or in a conservation area
- Change of use
- Works to a Listed Building
- Discharge of conditions to planning permission
- Structural alterations, demolition and rebuilding
- Extensions, loft conversions and conservatories not included within PD

Works that do not require approval:
-Internal building works
- Works not classed as development (maintenance improvements which do not materially affect the way the external appearance
- Existing fencing and boundary walls below a certain height
- Small external alterations (alarm boxes)
- Works defined under Permitted Development e.g. house extensions of specific proportions and heights

44
Q

What are the new minimum u-values for walls and floors in relation to Approved Document L

A

According to the updated Part L documents, the minimum U values for new builds will be as follows: Roofs: 0.11 W/m²K. Walls: 0.18 W/m²K. Floors: 0.13 W/m²K.

45
Q

Stonebridge Road: What is an Enforcement Notice - and under what section of the Building Act can it be served?

A

The local authority may serve an enforcement notice on the owner requiring them to alter or remove work which contravenes the building regulations (section 36 of the 1984 Act). If the owner does not comply with the notice the local authority has the power to undertake the work itself and recover the costs of doing so from the owner.

46
Q

What about regularisation at Stonebridge?

A

@ Stonebridge Regularision - - if built without regs, - rather than demolition – retrospective consent requires opening up works – to identify anything concealed. Trial pits.

47
Q

Stonebridge - what is the four year rule?

A

4 year rule: -This will soon be amended in 2023 by the Leveling up and regeneration bill. The Levelling-up and Regeneration Bill will replace the 4-year rule with the 10-year rule. This means all development currently subject to the 4-year rule would need to be in place for at least 10 years before it could become lawful.

Is there a limit as to when enforcement actions can be taken?
Change of use to a single dwelling house 4 Years from completion of the works.
Everything else 10 years from completion of the works.

48
Q

Enforcement notices:

A

Enforcement Procedures: The LPA can serve an enforcement notice against the owner or occupier of the land. The notice will state the breach of planning control and the steps to remedy the breach.
Appeal against an enforcement notice must be made before the day on which the notice is to take effect.
Any change in the use of the land and buildings must have existed for in excess of 10 years before it can be protected against enforcement.

49
Q

Name some recommendations from the Bichard Review?

A

Lord Bichard makes 36 recommendations and suggests a phased timetable for implementation. The report’s recommendations include:
* A renewed and increased focus on the public interest remit of RICS, including amending the Royal Charter and creating a public interest panel to advise Governing Council
* Maintaining self-regulation, through greater independence for regulatory functions
* Increased focus on Diversity and Inclusion across the profession and within RICS governance
* Empowering and enabling members through greater support for regional boards, alongside increased member engagement, with renewed focus on younger members
* Undertaking an independent review of RICS’ governance and effectiveness at delivering against its Charter for the public advantage once every five years
* A new simplified, clear, accountable governance structure
* Showing greater leadership on the issues that matter most to society, such as sustainability and climate change

50
Q

What are special damages?

A

Special damages: damage to personal property, cost of redecoration- was this reasonably foreseeable. The onus Is on the claimant to show that further damages are reasonable.
The tenant can claim for loss of enjoyment, disappointment, distress, inconvenience and unfulfilled expectations -Jarvis v Swan Tours 1973.
Similarly, under the Housing Act 2004, landlords have a duty to ensure that rented properties are free from hazards and in a state of good repair. The Act sets out specific requirements for the maintenance of common parts, such as staircases and entrances, and also requires landlords to provide tenants with information about how to operate and maintain the property.

51
Q

Unfit for human habitation – what do you mean by this?

A

Tell me about the Homes (Fitness for Human Habitation) Act 2018 The Act amends the Landlord and Tenant Act 1985 to require that residential rented accommodation is provided and maintained in a state of fitness for human habitation.

52
Q

What are the Civil Procedure Rules (CPR)?

A

Rules introduced in 1999 for the simplification of the justice process, make them cheaper, quicker and simpler, and improve access for non-lawyers. Introduced “pre-action protocols”, starting with a “claim form” being served by courts.
Different “tracks” of legal pursuit (small claims, fast, multi)

53
Q

What legislation do you know of relating to damp and mould?

A

In England, building regulations and codes related to damp and mould include:

Part C of the Building Regulations: This section of the Building Regulations sets out the requirements for the prevention of dampness in buildings, including the provision of adequate resistance to moisture penetration and the control of condensation.

Part F of the Building Regulations: This section of the Building Regulations sets out the requirements for ventilation in buildings, including the provision of adequate ventilation to control condensation and indoor air quality.

Housing Health and Safety Rating System: This is a system used by local authorities to assess the condition of residential properties and identify hazards, including issues related to damp and mould.
The Landlord and Tenant Act 1985: This legislation requires landlords to keep their properties in good repair, including addressing issues related to damp and mould.

The Homes (Fitness for Human Habitation) Act 2018: This legislation requires that rented properties meet certain standards for human habitation, including being free from damp and mould.

54
Q

What are enforcement notices and what legislation do they come from?

A

Enforcement notice: A planning enforcement notice is a legal document issued by a local planning authority in the UK. It is used to enforce planning controls by requiring a person or organization to take certain steps to rectify a breach of planning control. The notice will specify what action needs to be taken to remedy the breach, such as removing a structure or ceasing a use of the land. If a person or organization fails to comply with a planning enforcement notice, they may be subject to further legal action, including prosecution or fines.
What are the consequence of falling to comply with building regulations ?
- This can result in formal enforcement action under section 35 and 26 of the building act 1984. Section 35 - breach of building evaluations, section 36 - removal or alteration without prejudice by notice

55
Q

Tell me about the Leveling up and regeneration bill and the 4 year rule?

A

4 year rule: - look this up – will this soon be amended in 2023? - Leveling up and regeneration bill. The Levelling-up and Regeneration Bill will replace the 4-year rule with the 10-year rule. This means all development currently subject to the 4-year rule would need to be in place for at least 10 years before it could become lawful.

56
Q

Stonebridge: why was the extension was not compliant

A
  • The extension was without authorisation in breach of the Assured tenancy agreement and Peabody improvements policy.
  • The extension in breach of permitted developmental rights.
  • The development did not have the required planning permission from the Local Authority and was not considered to be exempt from planning permission.
  • The development was not considered to comply with the Council’s adopted polices as the rear extension was considered to be an incongruous form of development that detrimentally affects the character of the host dwelling and wider local area.
  • There was no access available to see the footings or groundwork for the structure or any reports to state these had been inspected by building control during the erecting process of the structure.
  • Significantly the resident was asked to supply documentation to support the construction of the extension i.e. CP4 certificates NICEIC certificates and building documents; however these have not been supplied.
  • The on structures roof breaches the party walls on both sides of the garden and no consent has been given to allow the breaches.
  • The boiler flue is routed out into the extension, up through the roof and is vented under approximately 300mm below the window of the rear bedroom. This contravenes gas safe regulation.
57
Q

Stonebridge: Why was Peabody at risk from an enforcement notice?

A

Enforcement could take the form of injunction or prosecution. Enforcement notice is served on all the owners, lessees, mortgages and other persons with a material interest in the property. Failure to comply is £20,000 upon conviction in magistrates, and unlimited fine at Crown. Enforcement notice is also entered on the local land charges records, which could make the future sale or financing property more difficult.

58
Q

Stonebridge, what were the next steps after discovering the extension?

A

Next Steps
1. Send the Tenants the improvements letter in the standard form requiring an application to be made in 28 days.
2. Ensure all records have been checked to ensure no permission request was received
3. Obtain details of any visits and conditions required by the Council.
In terms of the steps taken to date, I can confirm that we initially wrote to Mr Aziz to advise that the extension erected at 7 Stonebridge Road, London, N15 5NY was without authorisation, in breach his tenancy agreement, Peabody improvements policy and in breach of permitted developmental rights. We informed Mr Aziz that he must return the building to its original state within two months or Peabody would take legal action against him and his tenancy.
However, within Peabody’s policy retrospective applications for permission to make improvements are permitted. Mr Aziz made a retrospective application and in accordance with our policy
Peabody is issued injunction proceedings against tnt to force the removal of the unauthorised structure at 7 Stonebridge Road.
At the hearing the court made the injunction order as requested with slight amendments to the attached draft, that:
* The structure should be removed by tnt within 21 days (rather than 14 days).
* In default contractors can attend upon providing 72 hours (rather than 48 hours).

59
Q

Why do Peabody need to have an asbestos register for domestic buildings?

A

CAR does not apply to residential buildings. But an employer has a responsiblity to employees under the Health and safety at work Act 1974. There are also obligations under the Homes Fitness for human habitation act. Therefore, Peabody appoints a duty holder to keep an asbestos register.

60
Q

Homerton: What legislation or regulations were relevant to this project?

A
  • party wall etc act.
  • H&S at work at 1974
  • CAR 2012
  • Building Safety Act
  • Fire Safety Act:
61
Q

Lindisfarne: What were the legal and inspection objectives - what were your actions?

A

Case Objectives
You have asked us to manage the disrepair claim, advice on liability and where applicable, damages with a view to reaching an amicable settlement.
Initial Advice
The attached Letter of Claim from the tenant in relation to their disrepair claim has listed the following issues:
* Damp and mould throughout the property
* Leaking pipe and leak from upstairs property
* Damaged plaster work and décor
The tenant alleges that these issues arose soon after his tenancy started in July 2020. The claim was initially handled by the DRTF and David Azouelos inspected the property on 30th January 2021. He found the property to be suffering from severe water ingress from the cavity walls caused by a leak higher up the building believed to be from the roof. The property is under NHBC warranty and the Latent Defects team have been notified. Any works will need be authorised by the Latent Defects team and developers, Barratts, so as not to invalidate the warranty. I understand that Barratts have given permission for the roof to be lifted to investigate the source of the leak and I wait further details regarding the outcome of this inspection. David Azouelos’ inspection report states that the damp is unacceptable and the property is not fit for habitation, and if the leak cannot be traced or stopped immediately the tenant should be decanted. I understand from David that the tenant has a number of pets and it would therefore be difficult to find alternative accommodation. Instead a dehumidifier would be provided. In order to establish liability, the tenant would need to satisfy the Court as to the following requirements:
1. There was a repair defect; and
2. The repair defect was legal disrepair falling within s11 of the Landlord and tenant Act or express repairing covenant and accordingly landlord is under an obligation to repair;
3. That the Landlord had been put on notice of the disrepair that is required; and
4. That the Landlord failed to act within a reasonable time to undertake repairs upon receiving that notice.
5. That loss has been suffered which was appropriately mitigated
Any disrepair must come within the Legal definition of disrepair. In a legal sense disrepair occurs when there is a deterioration in physical structure (as opposed to design defect, in general terms), i.e. when part of the building is in a worse condition than it was at some earlier time. Further, small or minor defects are not sufficiently serious to amount to disrepair. This is because the Court have qualified the meaning of disrepair. It does not mean any degree of deterioration but deterioration which as a matter of fact and degree is unacceptable after taking into account and making allowances for the age of the premises, the character, local area and the type of tenants that want to rent them. Within the tenancy, the following relevant express repair obligations apply:
2.4 Repairs of structure and exterior
To keep the structure and exterior of your home in repair including –
(a) drains, gutters and external pipes;
(b) the roof;
(c) outside walls, outside doors, windowsills, window catches, sash cords and window frames including necessary external painting and decorating;
(d) internal walls, floors and ceilings, doors and door frames, door hinges and skirting boards but not including internal painting and decoration;
(e) chimneys, chimney stacks and flues but not including sweeping;
(f) pathways, steps or other means of access;
(g) plasterwork (but not minor cracking);
(h) integral garages and stores
Additionally, by Section 11 of The Landlord & Tenant Act 1985, it is an implied term of the Tenancy that Peabody will:
1. Keep and repair the structure and exterior of the Property;
2. Keep and repair and proper working order the installations in the Property for the supply of water, gas and electricity and sanitation;
3. Keep and repair in proper working order the installations in the Property for secure space heating and heating water.This obligation includes an obligation to do works to a reasonable standard and to reinstate plaster and decorations upon completion of the repairs. Once I have reviewed the repair records I will advise further regarding notice and liability.
I consider that the further conduct of the case will involve:
* Reviewing and disclosing any relevant repair records which have not already been disclosed
* Responding and dealing with solicitors in respect of issues should they arise
* Agreeing repairs required
* Advising on liability
* Advising on quantum once repairs, where necessary, have been completed
* Negotiating settlement.
In addition to the above and as per my initial advice email it will be necessary for Property Services to:
* Ensure all works required at the Property are managed, ensuring they are all completed as soon as possible to an acceptable standard – once the Schedule of Works has been agreed by the tenant’s solicitors
* Notifying me of the commencement of completion of works
* Completing full sign-off following the works completion

62
Q

What factors influence the standard of repair?

A

The age, character and prospective life of the dwelling and the locality in which it is situated.

63
Q

What is legal disrepair?

A

Any disrepair must come within the Legal definition of disrepair. In a legal sense disrepair occurs when there is a deterioration in physical structure (as opposed to design defect, in general terms), i.e. when part of the building is in a worse condition than it was at some earlier time. Further, small or minor defects are not sufficiently serious to amount to disrepair. This is because the Court have qualified the meaning of disrepair. It does not mean any degree of deterioration but deterioration which as a matter of fact and degree is unacceptable after taking into account and making allowances for the age of the premises, the character, local area and the type of tenants that want to rent them. Within the tenancy, the following relevant express repair obligations apply:

64
Q

Within the tenancy,what are the relevant express repair obligations?

A

2.4 Repairs of structure and exterior
To keep the structure and exterior of your home in repair including –
(a) drains, gutters and external pipes;
(b) the roof;
(c) outside walls, outside doors, windowsills, window catches, sash cords and window frames including necessary external painting and decorating;
(d) internal walls, floors and ceilings, doors and door frames, door hinges and skirting boards but not including internal painting and decoration;
(e) chimneys, chimney stacks and flues but not including sweeping;
(f) pathways, steps or other means of access;
(g) plasterwork (but not minor cracking);
(h) integral garages and stores
Additionally, by Section 11 of The Landlord & Tenant Act 1985, it is an implied term of the Tenancy that Peabody will:
1. Keep and repair the structure and exterior of the Property;
2. Keep and repair and proper working order the installations in the Property for the supply of water, gas and electricity and sanitation;
3. Keep and repair in proper working order the installations in the Property for secure space heating and heating water.This obligation includes an obligation to do works to a reasonable standard and to reinstate plaster and decorations upon completion of the repairs. Once I have reviewed the repair records I will advise further regarding notice and liability.

65
Q

What was your role in Lindisfarne?

A
  • Ensure all works required at the Property are managed, ensuring they are all completed as soon as possible to an acceptable standard – once the Schedule of Works has been agreed by the tenant’s solicitors
  • Notifying me of the commencement of completion of works
  • Completing full sign-off following the works completion
66
Q

At Lindisfarne, what legislation was important and what were you ask to do in relation to this?

A

Whether you agree that the defects are as claimed
Whether any of the defects are structural
The cause of the defect.
The age, character and prospective life of the property.
A fully costed scott schedule.
Details of any other defects found during the inspection – in relation to landlord tenant act & homes fitness for human habitation & defective premises act.

67
Q

CDM what is the role of a domestic client:

A

All the roles of the duty holder gets passed to the contractor.

68
Q

what is the party wall act

A

enabling act to allow devlopment with inbuilt dispute resolution - to protect assets of the owner.

69
Q

how can you apply building control signoff

A

local authority, approved inspectors, competent persons scheme/

70
Q

Prior notice of Demolition

A

S80 - building Act - 6 weeks before: building Act:

71
Q

Dangerous structures Act

A

(1)The provisions of Part VII of the Act of 1939 (which makes provision in relation to dangerous and neglected structures) shall apply to outer London boroughs.

72
Q

legisliation relating to conservation areas

A

Planning (listed buildings and Conservation areas Act 1990) - article 4 direction - restrictions on permitted development.

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73
Q

When do you need building control regs

A

When you are changing the performance of any part of a building.

74
Q

What is the relevant fire safety legislation applicable to Paul Byrne Court

A

the relevant fire safety legislation applicable to Paul Byrne Court is the Regulatory Reform (Fire Safety) Order 2005 (FSO), enforced by London Fire Brigade. Unlike the FRA there is no requirement under the FSO compelling an existing building to meet the current standards of Approved Document B Fire Safety. They note that a fire risk assessment of Paul Byrne Court is expected to take account of the guidance within the National Fire Chiefs Council “Fire Safety in Specialised Housing” guide and the CLG fire safety guide for “Sleeping Accommodation” and apply the fundamental principles of the guidance in a reasonable, proportionate and practicable manner to achieve a safe building.

75
Q

WHAT ARE THE STIPULATIONS FOR PERMITTED DEVELOPMENT

A

Extension no higher than eaves.
Not more than 50% of the land that property sits on.

76
Q

Enforcement notice: A

A

A planning enforcement notice is a legal document issued by a local planning authority in the UK. It is used to enforce planning controls by requiring a person to take certain steps to rectify a breach of planning control. The notice will specify what action needs to be taken to remedy the breach, such as removing a structure or ceasing a use of the land. If a person or organization fails to comply with a planning enforcement notice, they may be subject to further legal action, including prosecution or fines.

77
Q

Section 11 - Landlord tenant act: Landlord’s obligations under section 11

A

The landlord must keep in repair the structure and exterior of the dwelling house and keep in repair and proper working order the installations in the dwelling house for the supply of water, gas, electricity, sanitation, space heating, and heating water.

APC - Building Surveying (22 decks)

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