Legal/Regulatory Compliance

Question 1

Prescot Primary - How was the design liability for the supplier specification dealt with regarding the roof?

Answer 1

Normally a JCT minor works with contractor’s design can be used but the council took on the design liability for this project.

Question 2

What inspection is required to ensure soft play areas are compliant and safe?

Answer 2

Have all new areas inspected by an organisation such as RoSPA before opening.

Question 3

Knowsley Central - Can you elaborate on the legal or regulatory requirements around asbestos.

Answer 3

CAR2012, ACOP, Regulation 4 Duty to manage asbestos in non domestic premises. Regulation 10 Information, instruction and training

Question 4

Knowsley Central - What specific steps did you recommend for your client to ensure compliance with asbestos regulations?

Answer 4

Instruct R&D Survey to identify all asbestos.

Question 5

Knowsley Central - Why did you recommend commissioning an arboriculturist?

Answer 5

Due to pre-planning advice and the requirement to remove trees and support the planning application.

Question 6

Knowsley Central - How did you assess that additional car parking spaces and cycle storage was needed?

Answer 6

Through discussions and meetings with the planning officer and highways department.

Question 7

Knowsley Central - What were the implications of tree removal on the site, and why did you advise the client to replant new trees on a 2-1 basis?

Answer 7

Due to the advice from the planning officer and in-line with Knowsley council policy.

Question 8

Knowsley Central - Can you describe the process of seeking pre-planning advice with the local planning authority?

Answer 8

Fill in a form
Provide site plan
Details of the proposed development
Drawings
List of issues
Site visit
Fee

Question 9

Knowsley Central - Which type of planning application did you submit?

Answer 9

Full Plans

Question 10

Gambier Terrace - How did the Grade II* listed status of the property influence your recommendations?

Answer 10

The patio doors were not a feature of the terrace and introduced in the 1970’s. Georgian sliding sash windows were the original feature. This was confirmed by the listing building register entry.

Question 11

Gambier Terrace - Can you explain the significance of matching the period style when making alterations to a listed building?

Answer 11

Carrying out unauthorised work is a criminal offence. A planning authority can require that all work carried out without consent is reversed by serving what is called a “listed building enforcement notice”

Question 12

Gambier Terrace - What specific steps did you take in preparing the application for listed building consent?

Answer 12

Correspondence with the listed building officer at the local council. Listed building application. Land registry plans, existing and proposed elevations and window details - following council guidance for design.

Question 13

Gambier Terrace - How did you ensure that the application for listed building consent complied with the relevant regulations

Answer 13

Correspondence with the listed building officer. Official guidance supplied by the council regarding design. Researching literature i.e. historic England advice note.

Question 14

Gambier Terrace - What documents did you prepare and submit?

Answer 14

Listed building application. Land registry plans, existing and proposed elevations and window details.

Question 15

Gambier Terrace - Why didn’t you seek pre planning advice?

Answer 15

I did seek advice from the local listed building officer. I had a good relationship.

Question 16

Prescot Primary - What technical information did you include in the submission?

Answer 16

I issued an existing and proposed roof plan and technical information specifying new roof covering and insulation upgrade.

Question 17

Prescot Primary - How did you upgrade the insulation?

Answer 17

Tapered insulation to comply with Part L of the Building Regulations to achieve a U-Value of 0.18 w/m2k.

Question 18

Prescot Primary - How did ensure compliance?

Answer 18

Building Regulations Part L and building control approval of plans/specification.

Question 19

Prescot Primary - What is the minimum notice period to apply for a building notice?

Answer 19

This type of application is only for smaller projects. You can start work 2 days after your notice has been submitted to your BCB. You do not get formal approval like you do with full plans.

Question 20

What is CAR2012?

Answer 20

The Control of Asbestos Regulations 2012 came into force on 6 April 2012, updating previous asbestos regulations, but in practice the changes are fairly limited.
Non licensed work.
This means that some types of non-licensed work with asbestos now have additional requirements, ie notification of work, medical surveillance and record keeping.
Dealing with asbestos
If existing asbestos containing materials are in good condition and are not likely to be damaged, they may be left in place; their condition monitored and managed to ensure they are not disturbed.
Duty to manage.
If you’re responsible for maintenance of non-domestic premises, you have a ‘duty to manage’ the asbestos in them, to protect anyone using or working in the premises from the risks to health that exposure to asbestos causes.
Locating asbestos.
If you want to do any building or maintenance work in premises, or on plant or equipment that might contain asbestos, you need to identify where it is and its type and condition; assess the risks, and manage and control these risks.
Working with asbestos:
In the majority of cases, work with asbestos needs to be done by a licensed contractor. This work includes most asbestos removal, all work with sprayed asbestos coatings and asbestos lagging and most work with asbestos insulation and asbestos insulating board (AIB).

Question 21

What are the key concepts associated with the Party Wall etc. Act 1996?

Answer 21

Notices
A key duty of a Building Surveyor is the requirement to serve notices on behalf of the building owner to the adjoining owner(s) where appropriate.
The Act regulates construction operations in three distinct situations:
Section 1 - Line of Junction works.
Section 3 - Works to party walls (and certain other boundary structures).
Section 6 - Adjacent excavation works.

Question 22

What is the Party Wall etc. Act 1996 RICS professional standard called?

Answer 22

RICS Professional Standard Party Wall Legislation and Procedure 7th edition.

Question 23

What are the key concepts associated with Dilapidation?

Answer 23

The Dilapidations protocol provides a model process for dealing with dilapidations disputes with the aim of avoiding court action.
This protocol applies to commercial property situated in England and Wales. It relates to claims for damages for dilapidations against tenants at the termination of a tenancy. These are generally referred to as ‘terminal’ dilapidations claims. There is a separate Pre-Action Protocol for Housing Disrepair cases.
This protocol sets out conduct that the court would normally expect prospective parties to follow prior to the commencement of proceedings. It establishes a reasonable process and timetable for the exchange of information relevant to a dispute, sets standards for the content and quality of schedules and Quantified Demands and, in particular, the conduct of pre-action negotiations.

Question 24

What is the Dilapidations RICS professional standard called?

Answer 24

Guidance Note - Dilapidations 7th edition.