Legal/Regulatory Compliance Flashcards

1
Q

What are the building regulations?

A

A set of standards to follow to ensure the health and safety of people in and around all types of buildings, as well as providing minimum standards for energy conservation.

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2
Q

Under the Building Regulations 2010, what is deemed to constitute building work?

A

As defined in Regulation 3;
o Erection or extension of a building
o Installation or extension of a service or fitting
o Alteration involving work which will temporarily or permanently affect the ongoing compliance of the building.
o Insertion of insulation into a building and the underpinning of foundations.

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3
Q

Can you please name some of the approved documents?

A
  • A – Structures
  • B – Fire Safety
  • C – Site Preparation and Damp Proofing
  • D – Toxic Substances
  • E – Sound Proofing
  • F – Ventilation
  • G – Hygiene
  • H – Drainage
  • J – Heating
  • K – Protection from falling
  • L – Conservation of fuel and power
  • M – Disabled access
  • O – Overheating
  • P – Electrical safety
  • S – Electric Vehicle Charging
  • T – Toilet accommodation
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4
Q

Who is responsible for ensuring compliance with the building regulations?

A

Ultimately the responsibility falls under the client however they are required to ensure they employ relevant contractors and designers to ensure this responsibility is fulfilled.

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5
Q

Are you aware of different options available for obtaining building control advice?

A

Yes – through Local Authority or an Approved Inspector.

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6
Q

Why would you opt to use an Approved Inspector?

A

Because in my experience they are generally seen to be more responsive and open to giving advice than a local authority.

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7
Q

What types of building control approval are available and what are their key differences?

A
  • Building notice - cannot be used in a workplace, work may be started after 2 days.
  • Full plans approval - can be used for any project, plans are reviewed and approved prior to works commencing, fee is paid in two stages.
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8
Q

You mention a CPD done by East Suffolk Building Control regarding updates to the approved documents – can you give us a couple of examples?

A
  • Part L has been updated to reflect improved u-values required.
  • Creation of two new documents, Part O and Part S which are Overheating and Electric Charging provision.
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9
Q

I can see you recently provided a client with some planning on advice on a MUGA in Ipswich – what documents did you refer to in order to provide this advice?

A
  • The NPPF – National Planning Policy Framework
  • The Town and County Planning Act 1990
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9
Q

What is Approved Document Part B and what recent updates have been made to it?

A

Fire Safety
* On June 1, 2022 the document introduced regulations to strengthen the ban on combustible materials, particularly in external walls.
* Came following the introduction of the Building Safety Act 2022 following the events of Grenfell.

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10
Q

When are consequential improvements triggered under Part L for non-domestic buildings?

A
  • When a building is over 1000m2 and is undergoing extensive works
  • In this case 10% of the value of the works should be spent on improvements.
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10
Q

What enforcement options are available under the building regulations?

A
  • The local authority is able to take a person/contractor to court where they could be fined for the contravention.
  • The local authority may serve an enforcement notice requiring the contravening person to rectify the works.
  • Lastly, local authority has the power to undertake the rectification works themselves and recover the costs.
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11
Q

What polices are behind the NPPF

A
  • Sustainable development
  • Community decision making
  • Town centre renewal
  • Housing
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12
Q

Was a planning application required for your Forest Academy Extension?

A
  • Yes however this was not a full planning application as this was considered permitted development.
  • As the extension was less than 25% of the existing floor area or 50m2.
  • Therefore an application for a LDC (lawful development certificate) was required.
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13
Q

Can you provide a couple of examples or where planning permission would be required?

A
  • A new build construction on a vacant site.
  • A change of use in a building – say residential to office.
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14
Q

Would you require planning permission to a building within a conservation area?

A

Yes – and you may also require Listed Building Consent.

15
Q

What is CIL?

A

Community Infrastructure Levy – form of development tax to fund infrastructure projects in the area.

16
Q

What is a Section 106 Agreement?

A
  • Agreement between a developer and a Local planning authority about measures that the developer must take to reduce their impact on the community.
  • Forms a section of the Town and County Planning Act 1990
17
Q

In your submission you mention your familiarity with the Party Wall Act etc 1996 – what is the extent of your understanding of this act?

A
  • Gains the owner the right to undertake works which would otherwise be trespass and protect the interests of the adjoining owner.
  • I am aware of the function of this act however I would not look to provide a client with formal advice without consulting a competent colleague with suitable experience.
18
Q

Are you aware of the different structures covered by the Party Wall Act etc 1996?

A
  • Party Wall – A wall constructed over the boundary of two buildings
  • Party Fence – A freestanding wall constructed over the boundary of both properties
  • Party Structure – Party walls, floors, ceilings
19
Q

What is the key regulatory document for Asbestos?

A

Control of Asbestos Regulations 2012.

20
Q

What is the Landlord and Tenant Act 1985?

A

Primary legislation governing the minimum rights and responsibilities of both landlords and tenants.

21
Q

What are the requirements for a lease?

A
  • Be for a certain term
  • Grant exclusive occupation
  • Be at a rent
22
Q

What are break clauses?

A

Permit tenants and landlords to terminate a lease on an intermediate date during the lease term.