Legal/regulatory

Question 1

What are the building regulations?

Answer 1

Regulations ensuring the H&S of people in and around buildings, covering energy conservation and access to and inside buildings

Question 2

What is building work under the Building Act 1984?

Answer 2

• erection or extension of a building
• installation or extension of a service or fitting controlled under the regulations
• alterations that may affect compliance of the building including services or fittings
• cavity wall insulation and structural changes

Question 3

What are the approved documents?

Answer 3

Approved documents provide guidance on how building regulations can be satisfied and have legal status under the building act 1984

Question 4

What are some approved documents?

Answer 4

There are 14 approval documents:

A- structural
B- fire
F - ventilation
L - energy conservation
M- access to and use of buildings
P - electrical

Question 5

How do you obtain building regulations approval?

Answer 5

Via an application to the local authority or by using approved inspectors

Question 6

LA BCO vs approved inspector?

Answer 6

Local authorities are responsible for ensuring work complies with Galatians, approved inspectors are approved by the local authority to inspect, supervise and authorise building works against the regulations

Question 7

Why would you use an approved inspector?

Answer 7

They are more responsive and will generally give more advice. Local authorities are overloaded and stretched

Question 8

Who is responsible for compliance with building regulations?

Answer 8

• the person carrying out the work
• client can be liable

Question 9

What are the timeframes for an approved inspector?

Answer 9

An approved inspector must have an initial notice on the local authority that has to be validated five working days before the project commences

Question 10

What are the two types of building regulations application?

Answer 10

a building notice - issued for minor residential alterations or extensions
a full plans application - detailed plans, specifications and structural Kelly’s calculations are submitted to the council

Question 11

what Is a final certificate?

Answer 11

Certification issued by the local authority or approved inspector that the works comply with regulations

Question 12

what is a plan certficate?

Answer 12

Certification by building control that the plans and details have been reviewed and comply with regulations

Question 13

What are the consequential improvements for non-domestic buildings under part L?

Answer 13

Requirement that 10% of the value of the works should be spent on improvements where a building is over 1000 m² and the works involve significant extension or refurbishment

Question 14

What enforcement options are available under building regulations?

Answer 14

• fines
• enforcement notice to alter or remove
• LA can undertake work themselves and recover costs

Question 15

What is required for demolition work and refurbishment?

Answer 15

• Notification to the local authority six weeks prior to demolition beginning
• the local authority may provide specific conditions that need to be met
• demolition work must comply with CDM and the building act

Question 16

What are examples of when planning permission is needed?

Answer 16

• extension (sometimes permitted development)
• new build construction
• change of use if not permitted
• raising a fence on highway >1m

Question 17

what would you find on a planning application?

Answer 17

name
agent name
address
details
plans and elevations
access statements

Question 18

what is planning permission timeframes?

Answer 18

8 weeks for validation of the application - listed buildings can be longer

Question 19

what enforcement can be taken for planning?

Answer 19

• contravention notice requring information
• LA can enter land and investigate
• stop notice

Question 20

What is NPPF?

Answer 20

National Policy Planning Framework sets out Gov policies for england
Published march 2012
Designed to make the planning system less complex and more accessible, to protect the environment and promote sustainable growth

Question 21

What are NPPF policies?

Answer 21

• sustainable development
• community decision making
• town centre renewal
• housing - update annually a supply of deliverable sites

Question 22

What is a listed building?

Answer 22

A building that has been placed on the statutory list of buildings of special architectural or historic interest

Question 23

How is a building listed?

Answer 23

• submit and application to English heritage
• anyone can apply for any building
• English heritage assess and provide advice to secretary of state

Question 24

What legislation covers listed buidings?

Answer 24

The planning (listed buildings and conservation areas) act 1990

Question 25

What types of listed building are there?

Answer 25

Grade I buildings are of exceptional interest. Just 2.5% of listed buildings are Grade I.

Grade II* buildings are particularly important buildings of more than special interest. 5.8% of listed buildings are Grade II*.

Grade II buildings are of special interest warranting every effort to preserve them. Over 90% of all listed buildings are in this grade

Question 26

Why are buildings listed?

Answer 26

Listing marks and celebrates a building’s special architectural and historic interest, and also brings it under the consideration of the planning system, so that it can be protected for future generations. It covers the whole building and curtilage. Hey building cannot be demolished, extended, or altered without special permission from the local authority

Question 27

What action can be taken when a listed building falls in to state of repair?

Answer 27

The local authority has powers to enforce a building owner to carry out repairs and maintenance

Question 28

What are dilapidations?

Answer 28

Breaches of lease obligations either implied or expressed, typically relate to reinstatement, repair, redecoration and costs associated with these works

Question 29

What is the RICS guidance on dilapidations?

Answer 29

Dilapidations in England and Wales 7th edition 2016 covers guidance on producing dilapidation schedules, Scott schedules and diminution valuations

Question 30

What is a survey as well in relation to dilapidations?

Answer 30

Surveyors can act as advisers, expert witnesses, or dispute resolvers. Bound by RICS Practice Statement on surveyors acting as an expert witness

Question 31

What are the five stages of dilapidations?

Answer 31

Preparation
Inspection
Preparation of schedule
Quantified demand
Response and negotiation

Question 32

What is the landlord and tenant act 1985?

Answer 32

Primary UK legislation for governing minimum rights and responsibilities for both landlords and tenants. Applicable to all short leases less than seven years. Landlord obligations are to keep the property in good repair tenant obligations are to keep the property clean and free of damage

Question 33

What is the defective premises act 1972?

Answer 33

Primary UK legislation stipulates the liability of landlords and contractors for poorly constructed and poorly maintained buildings in addition to any injuries that may result. Contractors and subcontractors have a duty of care to occupiers of the property they construct or modify. Landlords have a duty of care towards tenants and third parties.

Question 34

What is the party wall act 1996?

Answer 34

Enables land and building others to undertake specific works on, adjacent to, adjoining premises well given protection to potentially effective neighbours. Provides for a mandatory dispute resolution procedure decided by a surveyor

Question 35

When is a notice required for adjacent excavations?

Answer 35

If a building owner wishes to excavate in order to lay new foundations for drainage and is within 3 m of an existing structure and labour a notice must be served at least one month before the works are scheduled to commence. If more than 6 m of the adjoining owners property and deeper than the property in question it is also relevant.

Question 36

What is permitted without serving notice?

Answer 36

Plastering, fixings, chasing wires or plugs and following consent from the adjoining