Legal & Regulatory Flashcards
Who are the parties to the Party Wall Act?
Building Owner
Adjoining Owner
What legislation provides the legal framework for dilapidations?
Landlord & Tenant Act 1927
What is the purpose of a Schedule of Dilapidations?
The aim of the Schedule of Dilapidations is to maintain the value of the property and keep the tenant from higher repair costs in the future
What is a Scott Schedule?
This is the tenant’s own assessment of the building’s condition and is used to negotiate down the liability due.
Who are the main duty holders under the CDM Regulations?
Client
Designer
Contractor
For more than one contractor:
Principal Contractor
Principal Designer
What key documents are required under the CDM Regulations?
F10
PCI
CPP
H&S File
What tasks should a Designer undertake to comply with the CDM Regulations?
Designer - include the duty to eliminate, reduce or control foreseeable health and safety risks through the design process, such as those that may arise during construction work or in maintaining and using the building once it is built.
Prepare and issue PCI
Review CPP
Prepare and issue H&S file
What is the role of the HSE in the event of an accident on site?
It allows us to:
- determine causes
- share lessons
- identify what actions a dutyholder needs to take to prevent any recurrence
- where appropriate, gather evidence to bring a prosecution
What does RIDDOR stand for
Reporting of Incidents, Diseases and Dangerous Occurrences Regulations
What legislation/policy covers how asbestos must be treated in a building?
Control of Asbestos Regulations 2012
What is the difference between Grades I, II* and II for listed buildings?
Grade I: buildings that are of exceptional interest.
Grade II*: particularly important buildings of more than special interest.
Grade II: buildings that are of special interest.
Are there any other categories of listing apart from Grades I, II* and II?
Monuments
Battlefields
Conservation areas
War memorials
Ancient monuments
What is a conservation area and what permissions do you need to do building work in the area?
Conservation areas are places which contain special buildings or which have been important in the past. Permitted development rules do not always apply in conservation areas. This means you need planning permission to make any changes if your property is in one.
How would you recognise a typical Georgian building?
- Rigid symmetry in building mass as well as window and door placement.
- Brick, stone, or stucco (brick is most predominantly used)
- Hip roofs, sometimes with dormers.
- Window decorative headers.
- Entrance embellishments, such as pediments, arched tops, and ogee caps.
How long does Building Control approval last?
3 Years
What changes to a property would require conservation area consent?
This consent acts as an extra layer of protection for the area’s heritage and character. It is necessary to obtain this consent before making significant changes to the external appearance of a property, such as alterations to the façade, roof, windows, doors, or boundary walls.
When would you expect Building Control to inspect the work on a new build project?
Commencement.
Excavation, (before excavations are filled).
Foundations (before they are covered up).
Laying of damp proof courses.
Installation of new drains (before covering up).
Construction of the primary structure.
Installation of insulation.
Roof construction.
Completion.
Where would you put insulation in the ground floor construction of a new office development and why?
Can choose either side of the ground slab, different results.
i.e. below = slower to warm but holds temperature more
Above = quicker to warm, quicker to cool
What is the controlling legislation applicable to Party Walls?
Party Wall Act 1996
Name the different types of notice under the Party Wall Act?
Party Structure Notice
Notice of Adjacent Excavation
Line of Junction
what is the purpose of the Equality Act?
The Equality Act 2010 legally protects people from discrimination in the workplace and in wider society
When does the general equality duty apply?
When public authorities carry out their functions, the Equality Act says they must have due regard or think about the need to: eliminate unlawful discrimination. advance equality of opportunity between people who share a protected characteristic and those who don’t.
Who enforces the Equality Act?
Equality and Human Rights Comission
How is the Equality Act enforced?
Individuals enforce through the courts
How does the Equality Act impact on the built environment and construction?
The Equality Act requires reasonable adjustments to be made in relation to accessibility. In practice, this means that due regard must be given to any specific needs of likely building users that might be reasonably met.
What is meant by ‘public authorities’ and ‘public functions’?
A body substantially publicly funded which performs statutory duties, objectives and other activities consistent with central or local governmental functions.
Other things, like law enforcement or the collection of taxes are called public functions under the Equality Act.
Why is it important for your client to produce an access statement?
An Access Statement sets out how a new building or environment will achieve inclusive design standards thus enabling access for disabled users.
What is standard pressure required for internal door?
Interior doors should require no more than 5 lbs. of force to open. This does not apply to the initial force needed to overcome the weight of a motionless door. Open the door gradually; do not “jerk” it open.
