Legal & Regulatory Compliance Flashcards
Level 1
I am aware of the Approved Documents and their role in guiding to compliance with Building Regulations, requiring minimum standards in key areas such as fire and energy efficiency. I am aware of the Building Safety Act (2022) and the new Gateway Processes that must be met at the planning stage, prior to construction & commencement and handover. I also recognise new building legislation such as the requirement for second stair cores in higher risk buildings.
Level 2 (14b - ADO & overheating)
**Plot 14B Royal Wharf – 113 Residential Units **
During the design stage on this project, having worked on the neighbouring scheme, I was aware of the operating wharves across the Thames that were producing a constant low-frequency noise. Acknowledging Approved Document Part O, I recognised that natural ventilation of opening windows to combat overheating would likely be unsuitable due to the wharves’ acoustic disturbance. I therefore instructed the acoustic consultant early in the process to model the potentially impacted apartments, and the MEP consultant to review other ventilation options to ensure the building was designed compliantly.
Level 2 (Deanston - DoV/s106/s278)
**Deanston Wharf DoV – 769 Residential Units **
I brought forward a Deed of Variation to the S106 agreement at Deanston Wharf, delaying the trigger date regarding occupation-related S278 works. Formalising this change ensured we were not in breach of the planning consent when allowing occupation of the affordable housing. I also ensured that the planning conditions and S106 obligations were discharged in a timely manner to avoid breach of planning control and potentially stop notices, halting development and delaying programme.
What is the Building Safety Act (2022)?
- Legislation brought in to improve building safety standards, particularly in higher-risk buildings following the Grenfell Tragedy
- Introduces strict regulations and clear accountability for duty holders (e.g enforcement for non-compliance)
What is a Higher Risk Building?
- Any building that is 18m in height or at least 7 storeys, and has 2 or more residential units
What are key provisions of the BSA 2022?
- New ‘Building Safety Regulator’ role which will oversee safety and standards of all high-risk buildings. Implementing new Gateway framework
- Golden thread of information required for HRBs (record of crucial building info)
- New-Build Ombudsman
Which parties are involved with the BSA (2022)?
- HSE will act as the BSR, being the only building control body for higher risk buildings and with the gateway processes.
How does the gateway process work?
- Gateway 1: Planning application stage - fire statement
- Gateway 2: Prior to construction - (structural, fire etc)
- Gateway 3: Prior to occupation – ensure has been built in accordance
- BSR have 12 weeks to give decision for GW2 following application, GW3 8 weeks
What works cannot be undertaken prior to achieving Gateway 2?
Any permanent works
What documentation is required for Gateway 2
Full stage 4 construction documentation
What are the Approved Documents?
- Provide guidance for how the building regulations can be satisfied in common building situations
What if they wanted to proceed without Gateway 2?
I would remind them that it is illegal, and advise them strongly against it.
Who is a responsible person?
Main duty holder for the building holding specific legal responsibilities for building safety
Who deals with Gateway 1?
LPA review and consult with BSR, who make recommendation to LPA, who then approve/decline
What is the London Plan Policy guidance on overheating & cooling?
Major development proposals should reduce potential overheating and reliance on aircon systems consider following hierarchy:
1. Preventing overheating through design measures (e.g., orientation, shading).
2. Mitigating overheating with passive strategies (e.g., natural ventilation)
3. Using active cooling systems (e.g. mechanical ventilation or air conditioning) only if necessary, and in an energy-efficient way.
Why does sound impact overheating?
- Openable windows for natural ventilation is not always possible, as it may let through too much noise above permissible level.
- Therefore, mechanical or active cooling required.
What is Approved Part O?
Covers overheating mitigation requirements of the building regulations
What was the benefit of instructing the acoustic consultant early?
- Leaving this too late may have led to late-stage design changes to address the acoustic issues if not picked up early enough,
- = increase in costs and delay the programme.
What is the downside with using mechanical ventilation?
- Costs to developer (fit out)
- Maintenance cost to user & could lead to technical issues
Why did you conclude that natural ventilation would be unsuitable on 14b?
- Nearby apartments had used comfort cooling as overheating mitigation.
- Therefore, I knew that acoustics would likely be a key external factor when it came to design of the apartments, to bring them in line with building regs.
Why did you delay the trigger date for the s278 works?
- Occupation of the first block (AH) not permitted until the s278 works had been completed as per s106
- Therefore, DoV to change it to occupation of final plot
What if you hadn’t formalised this through a s106?
Enforcement action / litigation if in breach of s106
What is a s106 agreement?
A planning obligation between a developer and a local planning authority, usually requiring the developer to contribute to local infrastructure improvements in exchange for planning permission
What is a DoV?
A legal document that allows for changes to be made to an existing legal (Section 106) agreement
