Legal/Regulatory Compliance Flashcards
What are Consequential Improvements?
In Part L of the Building Regulations, there is a requirement to undertake consequential improvements where certain works are undertaken, which are aimed to imporve the overall energy efficiency of the building.
These are for existing buildings with a total useful floor area of over 1,000 m2.
What works prompt Consequential Improvements?
- An extension
- Installing a new fixed building service.
- Increasing the capacity of any fixed building service.
What works could be considered Consequential Improvements?
Upgrading the heating, cooling or air handling systems
Upgrading lighting
Installing energy metering
Upgrading thermal elements.
Replacing Windows
On-Site Energy Generation
Applying recommendations from an EPC.
When would Consequential Improvements not be required?
Where the pay-back period is greater than 15 years or the lifespan of the building if the lifespan is less than 15 years.
The value of the improvements don’t exceed 10% of the principal works for an extension.
What works trigger the Party Wall Act?
Building a free standing wall or a new wall of a building up to or astride the boundary with a neighbouring property. (Section 1).
Working on an existing party wall or structure or building against a party wall or structure (Section 2).
Excavating near a neighbouring building (Section 6.)
What is a Party Wall?
There are two types of Party Wall.
Party Wall A: A wall that stands astride the boundary of land belonging to two or more different owners.
Party Wall B: A wall that stands wholly on one owner’s land, but is used by two or more owners to separate their buildings. Only the part that does the separating is a party wall.
A wall is a Party Fence Wall if it is not part of a building, but stands astride the boundary line between lands of different owners and is used to separate the lands.
What does a party wall notice need to include?
The initial notice must detail;
- Name and address of owner/s
- Address of the building to be worked on.
- A full description of the works.
- When works are expected to start.
What is the process for Party Wall Notices?
An owner must serve notice on adjoining owners if they intend to undertake works to a Party Wall.
The adjoining owner may give consent, refuse to consent or not respond.
If consent is given the matter is closed. If the adjoining owner objects you can seek to reach an agreement on how works may be undertaken to both parties’ satisfaction.
If no response is received within 14 days, a dispute is deemed to arise.
If the adjoining owner disputes the works, the owners can appoint either a joint ‘agreed surveyor’ or employ their own surveyors to agree an award to resolve matters in a fair and practical way.
If no response is received the building owner may appoint a surveyor on the adjoining owner’s behalf.
What are the adjoining owner’s rights under the Act?
Appoint a surveyor to resolve any dispute.
Require reasonably necessary measures to be taken to protect their property from damage.
Not be caused inconvenience.
Compensation for any loss or damage caused.
Require security for expenses to guard against the risk of difficulties if works stop at an inconvenient stage.
What does Section 1 of the Act concern?
Section 1 concerns new building against or astride the boundary line.
Notie must be sent at least one month before the planned starting date and is valid for a year.
What happens following the notice?
If the adjoining owner consents, then progress in line with the consent.
If the adjoining owner does not consent in writing to a building astride the boundary line, then the building owner must build entirely on their land.
If the adjoining owner does not object to a building up against the boundary line you may carry out the works.
If the adjoining owner disputes, then you must follow the dispute procedure.
What does Section 6 of the Act concern?
Section 6 is triggered if excavations are to be carried out;
- within 3 metres of an adjoining owner’s building or structure where any part of that work goes deeper than the neighbour’s foundations.
- within 6 metres of an adjoining owner’s building or structure where areny part of the work meets a line drawn 45 degrees in the direction of the excavation from the bottom of the neighbour’s foundations.
When is planning permission required?
Planning consent is typically required where;
- building something new
- making a major change to the building
- changing the use of the buidling.
When is listed building consent required?
Listed building consent is required where there are works to a listed building that involve demolition, alteration or extension.
