Legal / Regulatory Compliance L1 Flashcards
What can you tell me about Party Wall Act 1996?
The Party Wall act prevents building work by one neighbour that can undermine the structural integrity of shared walls or neighbouring properties. It is designed to avert and resolve potential disputes with neighbours before building work is started.
3m from the adjoining property or 6m if 45degrees less
The Party Wall Act Notice is what you ‘serve’ on your neighbours informing them of the planned work 2 months before. Has 14 days to approve or reject.
Main sections:
S1. Building a wall
S2. Building next to an existing wall
S6. Excavating near party wall.
What can you tell me about Rights of Light Act 1959?
A right to light protects the passage of light into a building, usually through a window, from across a neighbour’s land; it is a right to prevent the neighbour from obstructing that light.
Generally, any property having uninterrupted enjoyment of light for more than 20 years acquires rights to light.
Can you tell me any relevant case law you may be aware of?
Twinmar Holdings Ltd vs Klarius UK 2013 - Found that although roof lights were not in disrepair/leaking, lost transulancy and required replacement.
What are the different Building Control Applications?
Full Building Control Application: 5 weeks, issue drawings, fees and RRO 2005 request.
Building Notice: Provide plans and 2 days notice (small works)
Approved Inspector: Submit Initial Notice (5 days), Plan check & certificate, Fire and water consultation, Inspect Works and issue final certificate
What can you say about permitted development?
- Within 8m of house
- Temporary works
- Demolition (need to inform LPA)
- Use class changes
How would you go to obtain full planning permission?
- Pre-planning advice
- Apply with building details, supporting documents (surveys & Design and access statement)
- Pay fees
- Submission to be delegated, committee or called in.
- Approval 3 years
