Legal & Regulatory Compliance (

Question 1

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

Answer 1

The landlord/ building owner/ building manager.

Question 2

• What pieces of legislation are relevant to dilapidations?

Answer 2

Dilapidations England and Wales 7th ed

Question 3

• Please give some examples of the guidance given in the RICS guidance note on dilapidations.

Answer 3

Pre action protocol,
Quantified demand,
Supersession
Section 18 L&T act 1927.
SECTION 18 LIMB 1 – LIMITES THE DAMAGE
Limb 2 – Future intentions.
HOW TO ACCESS THE IMPACT OF STATUTORY CAP.
SoD
Scotts Schedule
Interim dilaps
Break Clauses

Question 4

• Are you aware of any environmental legislation relevant to the work you undertake?

Answer 4

Environmental protection act 1990 / 1995
Control of asbestos regs 2010
Contaminated land regs 2006
Listed buildings and conservation areas ACT 1990
Energy performance of buildings – E&W 2012.

Question 5

• What are the Civil Procedure Rules?

Answer 5

Provides a unified code for civil courts
Civil litigation is made easier.
Applies to all civil matters in England and wales.
To deal with cases justly
ENCOURAGES ADR.

Question 6

• When do the CDM Regulations apply?

Answer 6

To all projects.

Question 7

• Give me some examples of the key duty holders of the CDM regulations.

Answer 7

The client, PD, PC, designer, contractors, workers, and domestic client.

Question 8

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

Answer 8

Not when there is only one contractor.

Question 9

• When is a project notifiable under CDM?

Answer 9

30 working days, 20 opperative at one time or 500 man days or more.

Question 10

• What piece of legislation is relevant to the use of buildings for those with disabilities?

Answer 10

BR Part M – access to and use of buildings.
BS 8300 inclusive designs
Equalities act 2010
Workplace HSwelfare regulations 1992.
Disability and discrimination Act

Question 11

• Give me some examples of when the Party Wall Act applies.

Answer 11

Building on or at the boundary line.
Working on existing part walls.
Excavations new buildings – 3m or 6 metes 45 degrees.
Construction of new walls.
Loft conversions
Chimney breast removals
Basement construction

Question 12

• For what purposes can a Building Notice be used instead of a full Building Regulations submission?

Answer 12

If the works are very minor and less complex where plans are not necessary

Question 13

• What are the advantages/disadvantages of using a Building Notice compared to a full Building Regulation submission?

Answer 13

Building notice is quicker and more flexible, less paperwork and is cost affective
Full plans are checked first, easier to obtain quotes and detailed planning.
However, is more time consuming and costs more.

Question 14

• What are the key risks to the building owner/client of using a Building Notice?

Answer 14

Non compliance with BR,
Costly remedial works.
Delayed completed
Safety concerns.

Question 15

• When is conservation area consent required?

Answer 15

Demolition, alterations, extensions, trees, article 4

Question 16

Unit 13 Thames Gateway

Question 17

Unit 13 Thames Gateway* What relevant regulations did the plans need to comply with?

Answer 17

Part M access to buildings.

Question 18

Unit 13 Thames Gateway* How did the plans need to comply with Approved Document B? Fire safety –

Answer 18

I ensured that the structural steel was covered in two layers of fire stopping plasterboard.

Question 19

Unit 13 Thames Gateway* Did you have to consider compliance with Approved Document L?

Answer 19

No as there wasn’t any insulation improvements.

Question 20

Unit 13 Thames Gateway* Was planning permission required for the proposed works?

Answer 20

The works were internal structural alterations.

Question 21

Unit 13 Thames Gateway* Did you submit a building control application?

Answer 21

As this was a tenant fit out, the tenant submitted the Building application – I reviewed the requirements from Building control and made sure that these were addressed by the contractor

Question 22

Lakeland Newbury* Give some examples of the lease obligations you had to make assessments against.

Answer 22

Yielding up, redecorations, reinstatement, alterations

Question 23

Lakeland Newbury* Did you need to consider section 18 at all?

Answer 23

Yes, I did consider a s18 notice as this would be another way to demonstrate the landlords loss.
The client declined on this occasion due to cost implications.

Question 24

2 Beachwood Avenue* You advised that compliance with building regulations was not met, explain how and what you advised should be done.

Answer 24

The staircase had been altered and when Building control had a look at it they were not happy with the finished product.

Question 25

2 Beachwood Avenue* In what way was the staircase not complaint?

Answer 25

Approved Document K

Question 26

2 Beachwood Avenue* How did the staircase need to be altered to make it compliant?

Answer 26

There needs to be consistency in riser heigh.

Question 27

2 Beachwood Avenue* Explain why it was an issue that the two risers were taller than the rest of the risers?

Answer 27

It was a residential house being converted to a HMO so on this occasion there was a change of use- the riser was not adequate and did not meet the consistency requirements.

Question 28

Unit G37 Parkway. in a dilapidations claim, is it necessary to demonstrate actual losses?

Answer 28

No it is not- a section 18 1 can do the same thing.