Legal/regulatory Flashcards
What are the building regulations?
Regulations ensuring the H&S of people in and around buildings, covering energy conservation and access to and inside buildings
What is building work under the Building Act 1984?
- 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
What are the approved documents?
Approved documents provide guidance on how building regulations can be satisfied and have legal status under the building act 1984
What are some approved documents?
There are 14 approval documents:
A- structural
B- fire
F - ventilation
L - energy conservation
M- access to and use of buildings
P - electrical
How do you obtain building regulations approval?
Via an application to the local authority or by using approved inspectors
LA BCO vs approved inspector?
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
Why would you use an approved inspector?
They are more responsive and will generally give more advice. Local authorities are overloaded and stretched
Who is responsible for compliance with building regulations?
- the person carrying out the work
- client can be liable
What are the timeframes for an approved inspector?
An approved inspector must have an initial notice on the local authority that has to be validated five working days before the project commences
What are the two types of building regulations application?
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
what Is a final certificate?
Certification issued by the local authority or approved inspector that the works comply with regulations
what is a plan certficate?
Certification by building control that the plans and details have been reviewed and comply with regulations
What are the consequential improvements for non-domestic buildings under part L?
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
What enforcement options are available under building regulations?
- fines
- enforcement notice to alter or remove
- LA can undertake work themselves and recover costs
What is required for demolition work and refurbishment?
- 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
What are examples of when planning permission is needed?
- extension (sometimes permitted development)
- new build construction
- change of use if not permitted
- raising a fence on highway >1m
what would you find on a planning application?
name
agent name
address
details
plans and elevations
access statements
what is planning permission timeframes?
8 weeks for validation of the application - listed buildings can be longer
what enforcement can be taken for planning?
- contravention notice requring information
- LA can enter land and investigate
- stop notice
What is NPPF?
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
What are NPPF policies?
- sustainable development
- community decision making
- town centre renewal
- housing - update annually a supply of deliverable sites
What is a listed building?
A building that has been placed on the statutory list of buildings of special architectural or historic interest
How is a building listed?
- submit and application to English heritage
- anyone can apply for any building
- English heritage assess and provide advice to secretary of state
What legislation covers listed buidings?
The planning (listed buildings and conservation areas) act 1990
What types of listed building are there?
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
Why are buildings listed?
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
What action can be taken when a listed building falls in to state of repair?
The local authority has powers to enforce a building owner to carry out repairs and maintenance
What are dilapidations?
Breaches of lease obligations either implied or expressed, typically relate to reinstatement, repair, redecoration and costs associated with these works
What is the RICS guidance on dilapidations?
Dilapidations in England and Wales 7th edition 2016 covers guidance on producing dilapidation schedules, Scott schedules and diminution valuations
What is a survey as well in relation to dilapidations?
Surveyors can act as advisers, expert witnesses, or dispute resolvers. Bound by RICS Practice Statement on surveyors acting as an expert witness
What are the five stages of dilapidations?
Preparation
Inspection
Preparation of schedule
Quantified demand
Response and negotiation
What is the landlord and tenant act 1985?
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
What is the defective premises act 1972?
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.
What is the party wall act 1996?
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
When is a notice required for adjacent excavations?
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.
What is permitted without serving notice?
Plastering, fixings, chasing wires or plugs and following consent from the adjoining
