Legal/regulatory compliance L1 Flashcards
What is the key legislation relating to planning?
Town and Country Planning Act 1990 - forward planning and development management
Planning and Compulsory Purchase Act 2004
Planning Act 2008
Localism Act 2011
Planning law dictates - planning application decisions must be made in line with the development plan
What is the key legislation relating to land compensation?
The land compensation act 1961
What are the key principles of land compensation?
The Land Compensation Act (1961) stipulates that in the event of compulsory purchase, Landowners are to be reimbursed not only for the value of their land as it stood but for its potential value if it were used for something else in the future.
Tell me about health & safety legislation relating to development projects.
Health & Safety at Work Act 1967 - employers must ensure safety of employees at work
Construction Design and Management Regulations 2015 - criminal offence to breach CDM regulations (HSE enforced).
Building Safety Act 2022 - More rights to leaseholders and freeholders. Building owners will no longer be legally able to charge qualifying leaseholders for any costs in certain circumstances where a building requires cladding to be removed or remediated. This protection also covers costs associated with historical non-cladding safety remediation.
Tell me about construction legislation relating to development projects.
Health & Safety at Work Act (1974) - must report injuries and dangerous occurrences
Places obligations on the appropriate person to train their workforce to adopt best practice when onsite
CDM Regulations 2015
- Principle designer replaces CDM coordinator
- Principal designers must: plan, manage, monitor and coordinate health and safety in the pre-construction phase.
- All projects with 1+ contractors must have principle designer
- Project to be HSE notifiable when (longer than 30 days, more then 20 people on site, more than 500 person days)
Tell me about disability legislation relating to development projects.
Equality Act 2010 - the Equality Act require “reasonable adjustments” to be made when providing access to goods, facilities, services and premises.
Tell me about design and management regulations relating to development projects.
CDM Regulations 2015 - CDM aims to improve health and safety in the industry by helping you to: sensibly plan the work so the risks involved are managed from start to finish.
As a commercial client I must make suitable arrangements for managing a project, including making sure:
other duty holders are appointed as appropriate
sufficient time and resources are allocated
Make sure:
relevant information is prepared and provided to other duty holders
the principal designer and principal contractor carry out their duties
welfare facilities are provided
What is an Environment Impact Assessment?
Environmental Impact Assessment (EIA) is a tool used to assess the significant effects of a project or development proposal on the environment. This is governed by the Town and Country Planning Regulations 2017
The aim of Environmental Impact Assessment is to protect the environment by ensuring that a local planning authority when deciding whether to grant planning permission for a project, which is likely to have significant effects on the environment, does so in the full knowledge of the likely significant effects, and takes this into account in the decision making process.
Tell me briefly about the statutory control of building works.
Building and development works can be controlled by Building Regulations.
The Building Regulations are intended to protect people’s safety, health and welfare in and around buildings. The regulations are also designed to improve conservation of fuel and power, protect and enhance the environment and promote sustainable development.
Series of Approved Documents relating to various elements of design that provide guidance on how to meet building regulations
Most building work whether new, alterations, extensions or change of use require Building Regulations approval
Tell me about your understanding of current building regulations.
Building Regulations are a set of criteria and standards designed to make sure that properties are safe, comfortable and energy efficient.
The Building Regulations are made up of a set of ‘Approved Documents’, each relating to different areas of buildings, such as electrics and thermal efficiency.
Unlike planning permission, the majority of building work requires Building Regulations approval, including works such as extensions, garage and loft conversions, fitting new windows or even new heating systems.
A Full Plans application is where you submit plans and documents to be approved before starting work, meaning you know from the off that everything has been checked and approved by a building control inspector and that it complies. The officer will then visit the project at key stages.
What enforcement controls exist on unauthorised building works?
Breach of the building regulations is a criminal offence and action may be taken under Section 35 of the Building Act 1984 against a person who contravenes them. If convicted, that person can be fined up to £5,000 for each offence, and may also have to pay a daily fine if the default continues after conviction.
What is Part L of the Building Regulations?
Part L assesses buildings’ energy efficiency and carbon emissions to reduce the carbon footprint of new and existing buildings. It sets standards for the energy performance of buildings, including their insulation, heating, lighting, ventilation, and use of renewable energy
How does this impact upon development? (Part L)
Essentially the new changes to Part L are to reduce carbon emissions by 31% for new homes through a set of reformed insulation and air tightness requirements. Whilst this is good for the environment, this will impact the build costs of development, as the costs of such initiatives to achieve these standards is greater than before. This should however be relayed to the consumer through lower bills and a more energy efficient scheme
What changes to the Approved Documents apply from June 2022?
The updated regulations include amendments to Approved Documents Part F (Ventilation) and Part L (Conservation of fuel and power) and the release of a new Approved Document for Overheating (Part O) and Infrastructure for charging electric vehicles (Part S).
These changes primarily require new-build homes to produces less carbon emission
Homes – 31% less carbon emissions
Non domestic - 29% less carbon emissions
New energy efficiency measurement system introduced
New minimum energy efficiency standards
Why were the changes to Approved Documents made?
The Department for Levelling Up, Housing & Communities says the changes ‘mark an important step on our journey towards a cleaner, greener built environment and it supports us in our target to reduce the UK’s carbon emissions to net-zero by 2050’.
The bulk of the changes are part of the roadmap, or rather interim measures to the government’s Future Homes Standard and Future Buildings Standard – planned for 2025 – for which a key part is that all new builds are capable of being net zero in terms of operational carbon when the grid decarbonises.
What does Approved Document O relate to?
Approved Document O: Overheating provides guidance on how to comply with the new requirements. Alongside the prevention of overheating in domestic dwellings, the new Part O also applies to overheating in properties, such as care homes and student accommodation.
What does Approved Document R relate to?
Approved Document R – Physical infrastructure for high-speed electronic communications networks
New requirement ensuring that ‘the building is equipped with a high-speed in-building physical infrastructure, for high-speed electronic communications networks’.
How do transitional arrangements work when the Building Regulations are amended?
When Approved Documents are updated or introduced, the Government puts in place Transitional Provisions specifying when the new regulations come into force.
The Transitional Provisions mean that projects where a building regulations application was made before that date must be started on site before the 15th of June 2023 or the new regulations will apply.
What is the Equality Act 2010 and how does it impact upon your scope of practice?
The Equality Act 2010 legally protects people from discrimination in the workplace and in wider society. I understand that regard must be made to it in the workplace and that it requires new development to make “reasonable adjustments” to be made when providing access to goods, facilities, services and premises.
Talk me through the requirements of the Modern Slavery Act 2015.
The UK Modern Slavery Act 2015 law sets out the UK Government’s legal requirements for how organisations must address and report on modern slavery.
There are two main parts to the requirements of the Modern Slavery Act.
- Take action to identify, prevent and mitigate modern slavery in your operations and supply chains.
- Publish an annual statement to report on these actions – within six months of your company’s financial year-end.
Talk me through your understanding of contract principles in respect of valuation terms of engagement.
Terms of engagement are primarily a memorandum of what has been agreed between the valuer and client for the avoidance of doubt and confusion.
Offer and acceptance of the terms - this is formalized through letter of engagement or client confirming instruction
The contract should outline the scope of work clearly and details of the property, purpose of the valuation, valuation date and any relevant assumption
Fees and payment terms including disbursements
Conflict of interest should be disclosed - contractual requirement
Talk me through your understanding of contamination and the polluter pays principle.
Contamination refers to the introduction of harmful substances or pollutants into the environment, which may be of a nature which would cause harm to the health and well-being of a local community or persons, this is primarily due to the toxic nature of the fumes or soil conditions which need to be remediated before construction can begin.
The polluter pays principle means that, where possible, the costs of pollution should be borne by those causing it, rather than the person who suffers the effects. In this respect it acts as the cornerstone for environmental policy
Talk me through your understanding of the Environmental Protection Act 1990.
The Environmental Protection Act 1990, along with other regulations, control waste management. The laws create a number of offences which, in respect of individuals, can result in custodial sentences.
One of the central components is the regulation of waster management. The act establishes a framework for controlling the production, disposal and management of waste.
There are also provisions for air quality, water quality, waste collection
Talk me through the key principles of NPPF.
The NPPF sets out the governments strategic policies in relation to how development should be delivered in the UK to promote key objectives such as sustainable development. This provides a framework for local authorities to account for when publishing their own development plans, ensuring that development in the UK can reflect the aspirations of the government.
The key principles within the document revolve around sustainable development, a plan-led system, economic social and environmental objectives, high quality design, delivery of house and the protection of Green Belt and Open Space
When was the NPPF last updated and what key changes were made?
Primarily hasn’t changed since 2021. But in September 2023, the SOS, provided an update to the NPPF which assisted decision makers dealing with proposals to use and improve existing renewable energy sites give weight to the advantages of doing so.
Who regulates the financial sector in the UK?
The Financial Conduct Authority
Talk me through financial regulation in the UK and how this has changed in recent years.
Following the UK’s withdrawal from the European Union (EU) in 2020, the financial services industry faced changes in its relationship with the EU. The UK and EU reached a trade agreement that includes provisions for financial services, but some firms lost their automatic passporting rights to do business across the EU. UK regulators and firms have been adapting to this new regulatory landscape.
