Legal / Regulatory Compliance L2 & L3

Question 1

How do you carry out a BRCA survey?

Answer 1

• Gather desktop information (demise, age, restrictions in location)
• Carry out site inspection (Review layout, GIFA measurements, accommodation uses, structure, services within, specialist features)

Question 2

What is a Reinstatement Cost Assessment?

Answer 2

Calculate the potential cost to rebuild a structure and provide a ‘day one reinstatement’ figure, also known as the declared value.

Question 3

How often should a Reinstatement Cost Assessment be completed?

Answer 3

RCA is carried out every three years, with desktop evaluations carried out annually with costs amended based on Tender Price Indices (TPIs)

Question 4

What costs form a reinstatement cost assessment?

Answer 4

• Demolition and Debris Removal (deleterious costs too)
• Statutory costs
• Professional Fees
• Net Building Cost (using BCIS Tender Price Indices, insuring all elements under landlords demise)

Question 5

How would you complete a Reinstatement Cost Assessment report?

Answer 5

• Nature of instruction
• Areas covered with extents of site with exclusions
• Inclusions and exclusions
• Base sum insured
• Reinstatement period indication

Question 6

What are the typical planning period timescales?

Answer 6

8 Weeks for small commercial

13 Weeks large scale developments

Question 7

What are the different planning permission requirements?

Answer 7

Outline Planning - Understand nature of development
Full Planning - Required for developments with detailed proposals
Listed Building Consent - Required to be submitted for any alteration, extension or demolition.
Reserved Matters - Following outline planning, gains right for development with finalising remaining information.
Non-Material Amendment - After planning granted where proposals has minor changes (28 days reply)

Question 8

What is a pre-commencement condition?

Answer 8

Pre-commencement conditions are those conditions on a planning permission which must be fulfilled before work starts on site or before the use of land changes.

Question 9

What is a bat box?

Answer 9

Encourage bats into a different area. These can be wooden or integrated.

Typical considerations - 4m high, tree lines, away from light sources, sheltered from wind.

Question 10

What is a watching brief?

Answer 10

‘Watching briefs’ to oversee work that has the potential to impact on legally protected, sensitive species and their habitats. Requires a Ecological Clerk of Works to oversee.

Question 11

What other pre-commencement conditions did you consider?

Answer 11

• Sample panel of materials

- Drainage surface water scheme.

Question 12

What are the significant planning legislation?

Answer 12

• Town and Country Planning Act 1990
• National Planning Policy Framework (defining the government planning policy which assist in councils plans reviewing economical, social and environmental development).
• Planning (Listed Building and Conservation Areas) Act 1990

Question 13

What legislation was significant with the bat species?

Answer 13

Wildlife and
Countryside Act 1981 - Protects species of birds.
Conservation of Habitats
and Species Regulations 2017 - Protection, management and exploitation of such habitats and species

Question 14

How did the bats roosting effect the project?

Answer 14

Required the works to be completed during the Autumn months, also increased the budget cost as soft strip and installation of bat boxes.

Question 15

What is the purpose of dilapidations?

Answer 15

Dilapidations are breaches of leases due to the condition of the property being leased, either during or at the end of the lease period.

Question 16

What is the dilapidations protocol and main purpose of this?

Answer 16

Sets a standard for programme, quality and conduct of the dilapidations process. This is to encourage exchange of information, avoid litigation, but supports litigation if proceeding.

Question 17

What are significant timelines of the dilapidations protocol?

Answer 17

• Issue schedule of dilapidations and Quantified Demand 56 days after termination of tenancy.
• Tenant responds in 56 days after Quantified Demand.
• Negotiations proceed for 28 days after to understand loss.
• Stocktake and court proceedings if cannot agree.

Question 18

How does a schedule of dilapidations be laid out?

Answer 18

Item number, clause number, breach complained of, remedial works required and landlords costing.

Question 19

When reviewing a dilapidations claim, what do you review?

Answer 19

Lease, existing schedule of conditions, plans/demise, license to alter, any agreements made between the parties.

Question 20

How can you cost a project?

Answer 20

Provide invoices of the works, tender for works complete, using a price book (BCIS), input with recent tender rates, quantity surveyor advice.

Question 21

What is the purpose of issuing a dilapidations during tenancy?

Answer 21

Issuing a notice under section 146 where tenant is in breach of covenant through forfeiture of the lease or requiring works to be completed urgently, through damages or performance.

Question 22

What legislation is relevant to a dilapidations claim?

Answer 22

Law of Property Act 1925
The Leasehold Property (Repairs) Act 1938
Landlord Tenant Act 1927

Question 23

What role as a surveyor may you take on in a dilapidations claim?

Answer 23

• Tenant or landlord
• Adviser (comment on documents produced)
• Expert Witness (impartial for tribunal)
• Dispute Resolver (Nominated through Dispute Resolution)

Question 24

What is the Section 18?

Answer 24

Under Landlord and Tenant Act:
Limb 1 - Diminution in value, but does not include reinstatement, decorations or removal costs.
Limb 2 - Supersession, through not carrying out works or something is upgrading (demonstrate loss in loss difficult).

Question 25

What is endorsement?

Answer 25

Statement carried out by the surveyor stating the dilapidations is best of their knowledge carried out, reflects true loss, breaches are reasonable.

Question 26

What is a Schedule of Dilapidations costing include?

Answer 26

Professional fees
Legal fees 
Design and admin fees
Costs for CDM Compliance
Statutory fees
VAT Recovery

Question 27

What is quantified demand?

Answer 27

All costing from the Schedule of Dilapidations and identifies further loss they may have suffered.

Question 28

What is diminution in value?

Answer 28

A comparative valuation between the property in complaint standards and existing with a hypothetical tenant taking the space.

Question 29

What is the break clause?

Answer 29

A break clause is a set time within the lease that has been set where the tenant can issue notice to leave property in vacant possession. This usually results in a payment and compliance with lease.

Question 30

How would you go about issuing a settlement claim to the other party?

Answer 30

• Ensure the other party has authority to accept.
• Issue without prejudice.
• Same process as issuing a contract.
• Ensure client has sign off.

Question 31

What is a scott schedule?

Answer 31

Extends the schedule of dilapidations to allow a further two columns to allow the other party respond with comments and costs.

Question 32

What is decoration?

Answer 32

Applying a finish to a surface.

Question 33

What is a defect?

Answer 33

A lack of an element to ensure completeness.

Question 34

What is disrepair?

Answer 34

Condition is worn or poor condition.