Legal / Regulatory Flashcards
You say you have a knowledge of the contents of the SBCC Minor Works Building Contract, can you describe what these are?
Agreement:
1.Recitals & Articles:
- Including the Contract Sum and Details of the Various roles such as CA and PD
Conditions:
2. Definitions and Interpretation
3. Carrying out the Works (Incl Contractors Obligations, details re. extension of time etc.
4. Contract Bills (Optional Section)
5. Control of the Works (Incl. contract administrator instructions and variations.)
6. Payment (Incl. relevant dates and notices)
7. Injury, Damage and Insurance (Outlines contractor insurance requirements.)
8. Termination (it outlines the means by which a contract can be terminated).
It states that you how adjusted contract preliminaries in SBCC Minor Works Contract, how did you amend this and what were these amendments?
I amended the Contract to state:
- Details of the Contractor, CA, PD and Client.
- The site location.
- The relevant insurance type (6.4A,B&C)
- The selected type of dispute resolution.
What are the different types of commercial lease?
- Full Repair and Insurance Lease (FRI)
- Where the tenant has responsibility for all external and internal maintenance, decorations and repairs as well as the liability for insuring the building. Under an FRI lease the landlord has no repairing or insuring liability. - Internal Repairing and Insurance (IRI)
- Where the tenant will have a narrower liability for maintenance, decorations, repairs and insurance confined to the internal parts of the property occupied by him/her.
What are common clauses found within a lease?
- Interpretations and definitions
- Tenants Obligations
- Reinstatement
- Removals / Additions
- To decorate
- Payment Clause
- To indemnify the landlord
- Permission for signage
- Obtain necessary consents - Landlords Obligations
- Repair common parts.
- Insure common parts.
- Obtain necessary consents. - Notices (how to serve the dilapidations)
- The Premises
- Inclusions and exclusions, general description of the premises incl. a lease plan. - Any Schedule of Condition, License for Works etc.
What are the different types of statutory consent and when would you consider each ?
- Building Warrant
This is outlined in section 0.5 of the non-domestic technical handbook:
- Increasing the floor area of the house (e.g. creation of a mezzanine floor or the infill of a stair well)
- Demolition or alteration of the roof, external wall, element of a structure.
- Work adversely affecting a separating wall.
- Work involving a change to wastewater discharge (e.g. disconnection from the mains system).
- I air on the side of caution and I would also apply for a building warrant where there is a significant alteration to the internal layout via either
- Planning Permission
- If you want to build something new
- If you want to make a major change to your building – like building an extension
- If you want to change the use of your building - Listed Building Consent
- If you are planning to carry out work on a listed building, you need to apply for a listed building consent. This always applies to external works, including repair works but internally it depends on the proposed works. - Amendment to Building Warrant
- Required to make changes to a building warrant application.
LEGAL AND REGULATORY: At Trinity Centre, Aberdeen which elements of work to remedy breaches to lease obligations were you willing to concede on and why did you advise your client to this end?
Within this dilaps, I represented the Landlord. One such item was relating to the reinstating the concrete floor slab following the removal of floor coverings with the proposed remedy including screeding the floor. The tenants’ surveyor accepted the remedy but stated the rate I applied, based on recent tender submissions for works of a similar nature, was a bit higher than the BCIS rate. Therefor, I conceded by offering a reduced rate which represented a compromise between the rate I had presented based on recent tenders and the BCIS rate which does not always accurately represent costs experienced on the market.
Another example was an item which included repositioning a goods lift within the unit. The lease plan showed a goods lift within the suite but the incense of works included for the removal of the existing and reinstallation of a new goods lift. Within my claim I had allowed for the the removal of the goods lift but offered a concession to the opposing surveyor by not requesting that a new one be installed to the previous location as per the lease plan. The LL agreed to this after a lengthy discussion despite admitting at an early stage that they had no intention of reinstating the goods lift.
I advised the LL on both these concessions as part of a negotiation to come to a reasonable full and final settlement with the tenant at a time in the negotiation where most breach items had been agreed and both parties were motivated to reach an amicable settlement.
LEGAL AND REGULATORY: At Trinity Centre, Aberdeen why did you advise the LL accept the T’s concessions?
One example of this is an item relating to the reinstatement of the goods lift as per the lease plan. The lease plan showed a goods lift within the suite but the incense of works included for the removal of the existing and reinstallation of a new goods lift.
Within a discussion in regard to the LLs intensions with the premises, they stated that they had no intention of reinstating the lift.
Despite the tenant having an obligation to do so, this meant that there was no recoverable loss / damage to the LL, so I advised the LL of this and my intention to allow for removal of the goods lift only within my claim as a concession to the Tenant.
The LL resisted this in order to maximise their claim, but agreed to this after a lengthy discussion.
LEGAL AND REGULATORY: At 32 High Street, Banchory, when preparing a pre-lease report why did you advise the requirement of a ramp to provide level access?
I advised that, depending on the occupancy capacity of the single storey premises being over 60 persons, which I suspected may be breached provided the size of the premises, there would be the requirement for 2 exit routes.
Only one of the existing emergency exit routes provided a level route of escape. Therefor, I advised to the client that the installation of a ramp may be required to provide escape routes which do not discriminate against those with additional accessibility requirements.
In accordance with the Equality Act 2010, the Employee is required to make reasonable adjustments and I believed this constituted a reasonable adjustment.
I also advised the client re the requirements of ramps as set out in Section 4.3.10, 4.3.11, 4.3.12 and 4.3.13 which outline the maximum gradients, lengths of flights and overall rise.
LEGAL AND REGULATORY: At 32 High Street, Banchory, when preparing a pre-lease report, why did you advise the tenant would require to obtain an asbestos management plan and were there any other requirements re, Asbestos?
There is a requirement under the Control of Asbestos Regulation 2012 the duty holder of a non-domestic building has an obligation to manage asbestos, which is complied with by having an Asbestos Management survey carried out complete with an Asbestos Register.
Other requirements of the Control of Asbestos Regulations 2012 is the requirement for a duty holder to undertake an Asbestos Refurbishment and Demolition survey if they are planning to undertake any works which may penetrate surfaces, such as tenant fitout works.
LEGAL AND REGULATORY: At 1 North Street, Inverurie why were the works warrantable and provide some examples of regulation within the Non-Domestic Technical Handbook did you had to meet within your application?
The works outlined would include reconfiguring the internal layout of partitioning, the alteration of the Euro Class fire rating of wall finishes, reconfiguration of electrical systems, wastewater and water pipework and all new lighting.
An example of regulations which I had to demonstrate compliance with includes:
2.5.7 Thermoplastic materials in light fittings with diffusers: sets out limits for the total area in a room of certain specifications of thermoplastic materials within light fittings except for TP(A) Rigid type thermoplastic materials. I had to specify a lighting specification that contained this type of thermoplastic material within the Modular LED light fittings.
Section 2.9 Escape: I had to ensure that escape routes were compliant, this meant:
- Calculating the occupancy capacity of the single storey premises to determine the number of escape routes required. The occupancy capacity was less than 60 people so there was only one route of escape required.
- Determining the limits to the lengths of escape routes outlined within this regulation. This premises type was a shop which is considered to have a slow speed of evacuation meaning if one escape route is required its maximum route to a place of saftey would be 16m and for two the maximum lengths would be 32m.
- The minimum width of escape routes was required to be 1000mm with doors of an opening width of 800mm provided there was no more than 100 occupants.
LEGAL AND REGULATORY: At 1 North Street, Inverurie how did you know that the mechanical and electrical design was compliant and that the appointed mechanical and electrical engineer was qualified?
- I carried out a review from a building surveyors perspective, and if the BCO had any comments I would relay these to the M&E consultant.
- These engineers should be accredited by the Institute of Engineering and Technology or Institute of Engineering Designers.
LEGAL AND REGULATORY: At the Rosaburn Care Home, in composing the BRV, what information were you required to collect during your inspection and what is considered in calculating the BRV value?
What are BRVs:
- BRVs are based on the basis of total loss or of such substantial damage that the entire building will require demolition and rebuilding.
- The usual requirement for a reinstatement cost assessment is that it is prepared on the basis of a ‘day one reinstatement’. This ignores the effects of inflation during the period of the insurance policy as this is allowed for in the inflation provision (see appendix C).
- The declared value figure should be the equivalent of a fixed price lump sum competitive tender for works:
1. to commence on site on the first day of the period of insurance (net rebuilding cost)
2. together with appropriate allowances for demolition and
3. other costs and all associated professional and other statutory fees - The BRV inspection should include taking sufficient notes, photographs and measurements and produce sketches to record:
1. the layout of the building
2. measurements sufficient to calculate the IPMS 2/GIFA for each different type of construction
3. the accommodational use
4. a summary of the building’s structure, and the different types of construction, eaves, ceiling heights and finishes
5. a summary of the building’s services (for example, sprinkler provision, lifts and air conditioning)
6. a summary of the external areas, boundaries, outbuildings, etc.
What are the different sections of the non-domestic technical handbook?
- Structure - how every building structure must be designed and constructed.
- Fire - considers a building in terms of fire safety.
- Environment - looks at contamination, risk of radon gas, drainage, elements of construction and ventilation.
- Safety - considers access to and within a building, and ensures safe use of a building.
- Noise - aims to limit noise transmissions.
- Energy - considers energy usage and heat loss from a building.
- Sustainability - provides standards to enable higher quality buildings to be created.
