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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

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

A

Yes – through Local Authority or an Approved Inspector.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

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

A

Fire Safety
1/ On June 1, 2022 the document introduced regulations to strengthen the ban on combustible materials, particularly in external walls.
2/ March 2024 introduced the requirement for a second staircase in buildings over 18m
3/ Provision to enable evacuation of disabled people

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What polices are behind the NPPF

A
  • Sustainable development
  • Community decision making
  • Town centre renewal
  • Housing
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Can you provide a couple of examples on 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.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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.

23
Q

What is your understanding of biodiversity net gain?

A
  • This is a legal requirement that ensures developments positively impact biodiversity.
  • BNG compares the biodiversity value of a site before and after development.
  • This can be a stipulation from planning.
24
Q

What is a ‘schedule of dilapidations’?

A

These record all alleged breaches of covenant including specific lease breach references, remedy required, and cost of the remedy.

25
Q

How is a ‘schedule of dilapidations’ different to a ‘scott schedule’?

A

A scott schedule contains contains similar information as they schedule of dilapidations, however it has additional columns to allow input from both parties advising of their position.

26
Q

What costs would be considered as part of the Schedule of Dilapidations?

A
  • Costs associated with remedying breaches.
  • Professional fees.
  • Legal fees.
  • Statutory fees.
  • Allowance for irrecoverable VAT.
27
Q

Are you aware of the term ‘supersession’?

A

Where a landlord should only claim for the amount lost as a consequence of the tenant’s breaches and there is no loss for items that will be ‘superseded’.

28
Q

What key legal documents should the dilapidations process conform to?

A
  • Dilapidations Protocol
  • Landlord and Tenant Act
29
Q

Under the Party Wall Act, what are the three distinct types of work that are regulated?

A
  1. Line of junction notice - i.e. construction of a party wall on or abutting the boundary.
  2. Party structure notice - i.e. underpinning, repairing, demolishing, etc.
  3. Adjacent excavations notice - excavations within 3m of the adjacent building’s foundations.
30
Q

What are the timescales under the Party Wall Act etc. 1996?

A

1/ Notice is served at least 30 days before works due to commence.
2/ If adjoining owner fails to respond within 14 days the matter is deemed a dispute.
3/ The property owner may then service a notice for the adjoining owner to appoint their own surveyor within 10 days.

31
Q

What section of the Landlord and Tenant Act does dilapidations fall under? And what are the two limbs?

A

Section 18.1 - Diminution valuations & Supersession