Legal & Regulatory Compliance Flashcards
What are the building regulations?
Made under powers provided in the building act 1984 and are there to ensure the health and safety of people in and around buildings.
What constitutes building work under the building regulations?
Erection of a new building, extension to or alteration of an existing building. Also includes installation of cavity wall insulation, underpinning and works to services.
How are the Building Regulations enforced?
Local authorities and approved inspectors sign off the works.
2 types of approval:
- Building notice: Minor works with no formal plans
- Full plans application: Detailed plans, approval generally given within 8 weeks
When is planning permission required?
- New build on a vacant site
- New build extension that is beyond permitted development
- Change of use that is not a permitted change of use.
What enforcement action can be taken for non compliance with the Building Regulations?
- Can be taken to magistrates court and fined
- Planning contravention notice (provide info about works to the local authority)
- Local authority can enter land within 24 hours to investigate suspected breaches
- Stop notices can be issued by local authority to suspend works
What is the NPPF?
National Planning Policy Framework
Sets out the governments planning policies for England and how these are expected to be applied.
What is a listed building?
A building of special architectural or historic interest and is placed on the Historic England list.
What enforcement action can be taken on listed buildings?
- Urgent works notice: immediate works must be undertaken to keep a building watertight/structurally sound
- Repairs notice: requires long term repairs to put the building in good repair
- Compulsory purchase order: owners can respond to a repairs notice by serving a purchase order on the council who would then have to buy the building
What are dilapidations?
Breaches of lease obligations typically relating to repair, reinstatement and redecoration.
What are the different types of dilapidation schedules?
Interim schedule, terminal schedule, final schedule, notional schedule
What is a part 36 offer?
A written offer to settle a dilapidations claim which must specify a period of not less than 21 days in which it must be accepted. If not accepted and the offer is not beaten then there will be cost consequences for the claimant.
What is a Calderbank offer?
More flexible than a part 36 offer because it’s not governed by strict court rules. Allows flexibility on the offer and creates a binding offer if accepted.
What is the legislation that governs Landlord and Tenant relations?
Landlord and Tenant Act 1985
- Primary legislation for governing the minimum rights and responsibilities of Landlords and Tenants. Applicable to all short leases of less than 7 years.
Landlord and Tenant Act 1954
- Gives option of security of tenure for commercial tenants.
Landlord and Tenant Act 1927
- Contains section 18 diminution in value.
What is section 18?
Comprises 2 limbs.
First limb - Puts a cap on the coat of repairs. The damages for breach of a covenant cannot exceed the amount the value of the property has decreased by due to the breach.
Second limb - If the premises is going to be demolished or significantly altered after lease expiry then damages for breach of covenant can’t be recovered.
What legislation covers dispute resolution?
Civil procedure rules 1998
- Provides rules and practice directions for dispute resolution
