Legal/Regulatory Compliance

Question 1

What are the main sections of the Party Wall etc Act 1996?

Answer 1

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

Question 2

What is Section 1 Notice / Line of Junction Notice ?

Answer 2

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.

Question 3

What is a Section 3 Notice / Party Structure Notice?

Answer 3

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.

Question 4

What is a Section 6 Notice / Notice of Adjacent Excavation?

Answer 4

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.

Question 5

What is a build over agreement ?

Answer 5

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.

Question 6

What are the timescales attached to planning permission ?

Answer 6

Normally within 8 weeks however this can be requested to be extended. Which can be appealed but is a lengthy process.

Question 7

What are the timescales attached to building control ?

Answer 7

Normally 5 weeks but can be extended to 8 weeks by agreement.

Question 8

What are the timescales attached with a building notice ?

Answer 8

Works can start when the application has been accepted. This normally takes 2 days.

Question 9

What is the time frame to make an appeal when a planning application is rejected?

Answer 9

3 months

Question 10

Are you aware of any new approved documents ?

Answer 10

Part O - Overheating

Part S - Electrical Car Charging

Question 11

What are the main types of Building Regulations applications ?

Answer 11

Full plans
Building notice
Regularisation

Question 12

What is the purpose of The Town and Country Planning Act 1990?

Answer 12

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.

Question 13

What is an enforcement notice ?

Answer 13

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.

Question 14

What is the aim of permitted development ?

Answer 14

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.

Question 15

What is a lawful development certificate ?

Answer 15

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.

Question 16

What is Approved Document L1A and L1B

Answer 16

Approved Document L1A is for the conservation of fuel and power in NEW dwellings.

Approved Document L1B is for the conservation of fuel and power in EXISTING dwellings.

Question 17

What are the advantages/disadvantages of using a Building Notice compared to a Full Plans Application?

Answer 17

There is no requirement for plans

Works can start within 48 hours of notice.

You do not receive the protection and reassurance that an approved notice would give you.

Complying with the Building Regulations is on your own shoulders.

Builder must be familiar with all the relevant regulations.

Question 18

What is the difference between an Approved Inspector vs. Building Control ?

Answer 18

Approved Inspectors are businesses which work in the private sector as an alternative to Local Authority Building Control (LABC).

Question 19

What is the main aim of the Party Wall Act?

Answer 19

To prevent delays to construction.
To enable an owner to undertake specific work
Protects neighbours

Question 20

When do the CDM Regulations apply?

Answer 20

The CDM regulations apply to every construction project.

Question 21

Under CDM, is a Principal Designer required on all projects?

Answer 21

No, a principle designer only needs to be appointed on construction projects involving more than one contractor.

Question 22

Who are the duty holders under the Control of Asbestos Regulations ?

Answer 22

The duty holder is the owner/ managing agent/ asset manager of the domestic premises Leaseholder depends on the extent of maintenance and repair obligations.

Question 23

What is a licence to alter ?

Answer 23

A legal agreement between the landlord and tenant in relation to amendments proposed to be carried out by the tenant that affects the demised parts of the property.

Consent cannot be unreasonably withheld from the tenant and should be provided in a written format. This is called a Licence To Alter (or Licence For Alterations) and it protects both the landlord and the tenant’s rights under the terms of the lease.

Once agreed, the LTA is appended to the lease.

Question 24

What is deemed to constitute building work under building regulations?

Answer 24

Building work is defined as:

The erection or extension of a building.

The installation or extension of a service or fitting which is controlled under the regulations.

An alteration project that would affect the ongoing compliance relating to structure, fire or access and use of buildings.

The insertion of insulation into a cavity or the underpinning of the foundations.

Question 25

Who is responsible for ensuring compliance with the Building Regulations?

Answer 25

Ultimately it is the client. However, if a builder is appointed they will usually be responsible for ensuring works are carried out in line with the regulations.

But it is still the client that would be served with an enforcement notice.

Question 26

Why would you opt to use an approved inspector?

Answer 26

They are generally seen to be more responsive and open to giving advice than local authorities.

Question 27

Are there any time frames involved with the appointment of an approved inspector?

Answer 27

Approved inspectors need to serve an initial notice on the council and that has to be vaildated 5 days before the project commences.

Question 28

What enforcement options are available under building regulations?

Answer 28

Court and a fine.
Enforcement notice to alter or remove.
LA has authority to undertake the work itself and recover costs.

Question 29

What are the policies behind the NPPF?

Answer 29

Sustainable development.
Community decision making.
Town centre renewal.
Housing.

Question 30

What is a listed building?

Answer 30

A building with special architectural or historic interest.

Question 31

When would you need to apply for listed building consent?

Answer 31

A listed building may not be demolished, extended or altered without special permission from the local planning authority.