Legal/Regulatory Compliance Flashcards
What are the main sections of the Party Wall etc Act 1996?
Section 1 applies where it is proposed to erect a new wall at a boundary that is not already built on.
Section 2 concerns existing party structures, which include party walls, floors and partitions (that separate buildings or parts of buildings), party fence walls (essentially a boundary wall between lands in separate ownership which is built astride a boundary) and, in some instances, a neighbour’s independent property.
Section 6 can apply to excavations up to 6 m away from a building or structure on neighbouring land, subject to depth criteria which the Act sets out.
The three types of Notice are known, respectively as:
Section 1: Line of Junction Notice
Section 3 (for S2 works): Party Structure Notice
Section 6: Notice of Adjacent Excavation
What is Section 1 Notice / Line of Junction Notice ?
If you are planning to build a new wall either as a Party Wall or a Party fence wall (astride a boundary) subject to your neighbour’s consent, or up to the line of junction and wholly on your own land, a Section 1 Notice must be served.
One month notice must be given before the works commence.
What is a Section 3 Notice / Party Structure Notice?
If you are planning to cut into a Party Wall to insert flashings or a damp proof course, cut away chimney breasts or projections, raise, rebuild repair, underpin, expose the Party Wall to the weather.
or enclose upon a wall on or at the line of junction turning it into a Party Wall, in such cases a Section 3 Notice must be served.
Two months notice must be given for a section 3 Notice.
What is a Section 6 Notice / Notice of Adjacent Excavation?
If you are planning to excavate within 3m of neighbour’s foundations to a lower depth, or within 6m to a lower depth than a line struck at 45 degrees down from the underside of the neighbour’s foundations, then a section 6 notice must be served.
One month notice must be given before work commences and in addition, plans and sections of the proposed works must be provided with the notice.
What is a build over agreement ?
A Build Over Agreement is required where building work is to take place close to (within 3 metres of) or over the route of an existing public sewer or drain.
Any work involving new foundations, underpinning, piling or basements requires approval of the Water Company prior to work commencing on site.
What are the timescales attached to planning permission ?
Normally within 8 weeks however this can be requested to be extended. Which can be appealed but is a lengthy process.
What are the timescales attached to building control ?
Normally 5 weeks but can be extended to 8 weeks by agreement.
What are the timescales attached with a building notice ?
Works can start when the application has been accepted. This normally takes 2 days.
What is the time frame to make an appeal when a planning application is rejected?
3 months
Are you aware of any new approved documents ?
Part O - Overheating
Part S - Electrical Car Charging
What are the main types of Building Regulations applications ?
Full plans
Building notice
Regularisation
What is the purpose of The Town and Country Planning Act 1990?
Takes account of the policies at national and regional level insofar as they affect the physical and environmental planning of its area; and. Provides the framework for local plans.
What is an enforcement notice ?
Enforcement Notices are legal documents that require certain action be taken to remedy a breach of planning control. They are issued where development has taken place without the correct planning permission or outside the conditions of a planning permission.
What is the aim of permitted development ?
Permitted development rights are a national grant of planning permission which allow certain building works and changes of use to be carried out without having to make a planning application. Permitted development rights are subject to conditions and limitations to control impacts and to protect local amenity.
What is a lawful development certificate ?
Proof that the project/works do fall under permitted development and does not require planning permission. This can be useful for when the property is sold as proof the works were lawfully completed.