Legal/regulatory compliance Flashcards
Talk me through current environmental legislation.
Tell me about legislation/regulations you are aware of relating to dilapidations / building contracts / reinstatement cost assessments
What responsibilities and liabilities exist when providing professional advice and how this can be governed by written appointment agreements?
Talk me through the law covering leasehold obligations and rules governing civil law procedure.
Name the statutory roles under the CDM Regulations.
Tell me about an example of where you have applied health & safety at work practices/disability/construction design and management regulations.
What are the conditions for a project to become notifiable?
commercial client, then they must notify HSE
domestic client – notification must be carried out by the:
contractor (or principal contractor if there is more than one contractor)
principal designer where there is a written agreement that they will carry out the client’s duties
On domestic properties who becomes the Principal Designer?
What are dilapidations?
What does ‘to put and keep’ in repair mean?
Can dilapidations profit the landlord?
What should a dilapidations claim aim to do in terms of the positions of both parties?
Explain the Proudfoot v Hart case precedent.
What do you understand by common law and the Landlord & Tenant Act
1927 S18.1 in relation to dilapidations?
Explain how a dilapidations claim works.
What RICS guidance should be followed?
What is the difference between a Terminal and Final Schedule of Dilapidations?
How long after the end of a lease can a dilapidations schedule be served?
Under the Dilapidations Protocol, a Landlord is required to serve its schedule of dilapidations within a reasonable time, which will generally be within 56 days after the expiry of the lease
What are the remedies for an Interim Schedule of Dilapidations?
If a tenant doesn’t comply with an Interim Schedule of Dilapidations, a landlord can pursue remedies such as requiring the tenant to complete the repairs, or, if there’s a Jervis v Harris clause in the lease, the landlord can enter the property, carry out the works, and recover the costs from the tenant
What are the possible defences for a Tenant served with an Interim Schedule?
When can a Terminal Schedule of Dilapidations be served?
When is a Final Schedule served?
At lease end.
Final Dilapidations schedules cover issues such as remedial works, including their likely cost. This is usually issued in cases where the lease has expired, but the repairs have not been carried out on the property.
Which type of Dilapidations Schedules are costed?
What documents should you consider in a dilapidations claim?
What would you find in a typical dilapidations schedule?
How would you provide costings in a Final Schedule?
Which are the most accurate source of costings?
What is the Surveyor’s Endorsement in a dilapidations schedule?
What is quantified demand?
What section of the dilapidations protocol sets out quantified demand?
What timeframes apply to service of the quantified demand?
Who serves the schedule on behalf of the landlord?
If the landlord will not confirm they intend to do the work what should you not do?
what should
What is a Scott Schedule?
Explain the dilapidations protocol.
Explain the typical negotiation process for a dilapidations claim.
In a Terminal Schedule explain the pros and cons of physical works v damages.
What remedy is available under a Final Schedule?
Damages
What remedies are available under an Interim Schedule?
Repair
What is specific performance?
When can a lease be forfeited?
When can a landlord enter a property to carry out works?
Jervis v Harris clause.
Explain your understanding of a Jervis v Harris clause.
How does this relate to the protection of the Leasehold Property (Repairs) Act 1937?
How should a tenant deal with a Jervis v Harris notice?
What leases does the Act apply to?
Explain the application of VAT to dilapidations claims.
Explain how a tenant can defend a dilapidations claim.
What are the two limbs of S18?
How are damages assessed under S18.1?
What cap does S18.1 apply?
What is the ‘two lease’ problem relating to dilapidations and how can you resolve this?
Does the tenant have to give you their asbestos management plan?
Under the Control of Asbestos Regulations 2012 what does each party have to do?
What is the latest guidance for surveying and asbestos?
When was this last updated?
What changes were made?
Can you tell me what the regulations require you to do with textured coating such as aertex?
Under CAR 2012 what are the requirements of regulation 4?
The main duty holder is required to ensure that a written plan is prepared that shows where the ACM is located and how it will be managed to prevent exposure to asbestos, including to contractors and other workers who may carry out work on the fabric of the building that could disturb the ACM. This plan then needs to be put into action and communicated to those affected.
The duty holder needs to ensure the plan is reviewed regularly and updated as circumstances change, in consultation with all those who may be affected.
When carrying out a pre-acquisition survey what information does the current owner have a duty to pass to you?
How long can a contractor work on asbestos cement each week?
Asbestos is coloured - is this a good way to identify what type it is?
No
When can a Building Notice can be used?
What is the position of the Building Regulations regarding work to Listed Buildings?
What does the party wall grant the building owner?
Explain the legislation relating to the building regulations.
Explain private and local authority building control processes.
What are the approved documents?
What is the guidance you should look at for reinstatement cost inspections?
List some of the items that RICS say you should consider when undertaking an inspection to produce a cost reinstatement assessment.
What are the planning requirements for conservation areas generally?
What is your understanding of access and neighbouring rights?
What changes to the Approved Documents apply from June 2022?
On 15 June 2022, changes were made to the Approved Documents which make up the Building Regulation requirements. The changes effect Approved Document F (Ventilation) and L (Conservation of fuel and power), while also introducing Approved Document O and Approved Document S
Why were they made?
What does Approved Document O relate to?
What does Approved Document R relate to?
How do transitional arrangements work when the Building Regulations are amended?
Explain the precent for party wall work set by Shah v Power and Kyson [2022] EWHC 209 (QB).
In Shah v Power and Kyson EWHC 209 (QB), the court clarified that if a building owner undertakes notifiable works without serving a Party Wall Notice, they lose the benefits of the Party Wall Act, including the right to access the adjoining property for works, potentially turning those works into trespass, nuisance, or negligence
What time limits relate to enforcement of Building Regulations / planning breaches / planning conditions / unlawful changes of use?
What is the role of the Building Safety Regulator?
Explain your understanding of the Building Safety Act 2022.
Explain how the ‘statutory waterfall’ will work in relation to remediation costs for historic fire safety defects for buildings over 11m tall.
How has the Building Safety Act 2022 extended the limitation period for claims brought under S1 of the Defective Premises Act 1972?
What is a high risk building defined as under the Building Safety Act 2022?
Who is the accountable person and what is their duties Building Safety Act 2022?
under the
What is nuisance?
What are the requirements to take action for a nuisance claim?
What ownership requirements relate to nuisance claims?
What is unreasonable interference defined as in relation to nuisance?
Explain your understanding of the Fraud Act 2006.
How would you decide whether to pursue a claim under tort or contract?
What are bye laws?
What is delegated legislation?
What is a statutory instrument?
Explain the key differences between civil common and criminal law.
How is legislation made?
What is the role of caselaw in the legal system?
What happened in the Fearn and others v The Board of Trustees of the Tate Gallery relating to private nuisance?
What legal or regulatory issues relate to replacement windows?
What are rights of light?
What RICS guidance relates to rights of light?
What is a key principle of this Professional Standard?
How does the rights of light protocol work?
What does Approved Document T relate to?
How have you dealt with a licence application for property alterations or other consents?
Tell me about when you have carried out inspections / prepared reports for schedules of condition and dilapidations and negotiated with party representatives?
Talk me through your experience of carrying out health and safety, obligations during works for clients including design works.
Talk me through your experience of reviewing and reporting on lease obligations / party wall inspections and negotiations
Virginia Park Road
I prepared Party Wall notices for a rear extension and internal
alterations. I reviewed the drawings and liaised with the structural
engineer and architect to determine what works were notifiable. I
served notices under Section 2(f) 2(n) and 6(1). The adjoining owner did not respond so I appointed another surveyor under S10(4)b to act on their behalf. We attended the AO’s property, undertaking a schedule of condition and negotiated items within the Award including temporary weathering the party wall and ensuring the foundations were not left exposed for longer than 24 hours
Why did you need to consult the engineering architect for the notifiable works?
The original drawings were planning drawings and did not show the foundation type, location or depth as required for the Notice. i also need to ensure that the steels had been suitably designed.
Can you provide an overview of the works and the relevant notices?
Yes the project involved a loft conversion and rear extension - notifiable works included exposing the party wall and the insertion of pad stone and steel beams to accommodate the loft conversion and excavating with 3m of the neighbours foundations.
Can you talk me through the process for serving a section 2 notice?
How did you go about appointing the other Surveyor?
How did you ensure competent?
Given the adjoining owner didn’t reply how did you gain access?
I wrote a letter to the AO informing them of the appointment of a surveyor on their behalf. The AO surveyor also tried to make contact. We attended site to carry out an external SoC using a drone to record the condition of the roof and the AO let us in.
37 Oakdene Road – Schedule of Condition
I prepared a schedule of condition for a tenant taking on a full repairing, insuring, and redecorating lease. I reviewed the lease prior to the inspection to understand the repair clauses and the extent of the demise. The external cladding and roof sheets were in a poor condition with cut edge corrosion and impact damage to the elevations. The schedule of condition was presented to the landlord and attached to the lease to limit the client’s repair liability so they would not be expected to return the building in a better condition than at lease commencement
What did you need to ensure when coming out your schedule of condition?
What was the repair clause?
How did you go about preparing the report?
Why did you need to do this to protect your client?
Talk me through your advice to a client on the Party Wall etc. Act 1996.
Provide some examples of where you have been involved with work under this Act.
How do you advise clients on competency in your contractor selection?
How have you negotiated with other professional representatives after issuing of Schedules of Condition and Dilapidations?
How have you advised clients on the requirements for / submitted and produced detailed supporting reports for asbestos audits and management / access / energy performance and certificates / site regulation procedures?
How have you advised clients on statutory obligations?
Northfields House - Refurbishment
I was instructed to project manage an alteration of a commercial
building being divided into four demises, after works had commenced.
I noted a lack of fire compartmentation between the demises and
informed the client of the need to comply with Building Regulations and referred to Approved Document B2. I assisted with the change of design to include compartmentation and adding additional void detection. I also advised that the stair nosings were not suitable, the treads were the same colour as the nosings meaning visually impaired users would find it difficult to navigate the building. I referred to the Approved Document M, The Equality Act (2010) and BS 8300-2-2018, recommending amendments to the nosings and colour scheme throughout the building to provide a 30-point LRV between surfaces.
Can you talk me through the alterations?
Why was there a lack of fire compartmentation?
What is void detection?
What mechanisms did you install?
Why was this not picked up before the words commenced on site?
I had not been involved in the project prior to works commencing. I was appointed by the contractor
Flower Buildings – External repairs
The client requested to replace the timber soffits and fascias, repair the storefronts, and remove the dilapidated store at the side of the building.
Given the building’s location in a conservation area, I advised that all
work should be carried out using similar materials to maintain its
character. I liaised with the conservation officer to confirm that consent was not required for this maintenance. However, I informed the client that replacing the store would necessitate a planning application.
What impacted the conservation area have on the works?
Why did you need to liaise with the officer?
Why did replacing the store necessitate a planning application?
What was the outcome of your advice?
Swan Court – PPM
I observed that the Asbestos Management plan had not been updated since 2014. I advised the managing agent of their duties under Regulation 4 of the Control of Asbestos Act 2012 to regularly review and update the asbestos management plan.
I also identified that the fire doors within the communal areas were not functioning correctly and had missing screws and intumescent strips.
What was the issue with the Asbestos management plan?
It had not been reviewed or amended and did not represent the building in its current layout as alteration had previously been undertaken.
Why were the fires not functional?
What impact did missing screws have?
How were the fire doors repaired and insured compliant?
