Legal / regulatory compliance Flashcards
What are Building Regulations?
Building regulations set the MINIMUM STANDARDS for CONSTRUCTION, DESIGN and MANAGEMENT to ensure a property is SAFE and CONMFORTABLE to live in and is ENERGY EFFICENT to minimise carbon emissions.
Compliance is required for almost all building projects.
Introduced in 1965, latest version 2010, last updated in June 2022.
Made under the powers of the Building Act 1984 and apply in England and Wales.
How are the building regulations set out and what are some examples?
Split into Approved documents / parts which provide guidance on how building regulations can be satisfied. They are updated regularly.
There are 18 Approved documents in total which include:
Part A - Structure
Part B - Fire safety
Part E - Resistance to the passage of sound
Part L - Conservation of fuel and power
Part F - Ventilation
Part M - Access to and use of buildings
Part O - Overheating
Part S - Infrastructure for charging electric vehicles
Who approves the building regulations?
Local authority building control department inspector
Government approved inspector
Both CARRY OUT INSPECTIONS and check for COMPLIANCE
However, the LA BC department inspector has ENFORCEMENT powers
What is the Building Act 1984?
Piece of LEGISLATION that provides the LEGAL FRAMEWORK for REGULATION the CONSTRUCTION and MAINTAINANCE of buildings in England and Wales
Aims to promote high standards of building quality and safety
Updated to reflect changes to building practices, technology advances and evolving safety standards
Covers various aspects of building control including
1. Building Regulations
2. Building Control
3. Approved Inspectors
4. Building notices and regulation certificates
5. Dangerous structures
6. Enforcement
What recent changes were made to the building regulations?
Amendments:
- Part L -conservation of fuel and power - requires a minimum reduction of carbon emissions by 31% in NEW BUILT HOMES compared with the previous regulations.
Focus on electrical heating systems, renewable energy sources
- Part F - ventilation - minimising the entry of external pollutants and the proper installation of ventilation systems.
Introduction
- Part O - Overheating - looks at mitigating solar gain (heating caused by direct sunlight_ and other causes such as uninsulated heating pipes, cylinders or lack of heating system controls
- Part S - Infrastructure for charging electric vehicles - EVCP properly planning and installed, allowing for active and passive facilities
When would you not need building regs approval?
Certain small detached dwellings, such as a garage if it is less than 30m2 and does not contain sleeping accomodation
What is Rights TO light?
Easement
Enjoying uninterrupted light without permission for 20 years or via a legal agreement expressing ROL
Remedy for loss - injunction or grant for damages in lieu of injunction
CDM - see H&S notes
What is CIL?
Community Infrastructure Levy is - a charge developers may be required to pay to contribute towards mitigating the impacts of development on infrastructure such as roads, schools and open spaces or to compensate for the benefit the development gets from using the infrastructure.
The charge will depend on the area, size and type of development set to be delivered. Some areas may have zero or low rate levys to ensure it will nor make development unviable.
A Local Planning Authority must produce a CIL “Charging Schedule” to be able to charge CIL. This is often developed alongside a CIL Local Plan and will be independently examined.
15% passed onto the parish council where the development took place
25% passed onto the parish council where a neighbourhood plan or neighbourhood development order is in place
When does CIL become liable?
If a site has outline permission, CIL notice will be issued after the reserved matters
LPA will make a demand notice once development commencement and will be payable within 60 days or in line with the LPA’s installment policy
When is CIL applicable?
If a development is at least 100m2
Or can be less than 100m2 if one more dwellings
Is CIL chargeable on affordable homes?
CIL is not chargeable on affordable homes where a CLAIM FOR RELIEF has been submitted
Is CIL payable on permitted developments?
CIL is payable but can be offset by the lawful continuous use for at least 6 months in the past 36 months (3 years) prior to the development being permitted
IS CIL liable on parking?
Yes if it is underground or enclosed
When is CIL not chargeable on a RM application?
If the outline permission was granted before the CIL charging schedule was adopted