Legal / Regulatory Compliance L2 & L3 Flashcards
How do you carry out a BRCA survey?
- Gather desktop information (demise, age, restrictions in location)
- Carry out site inspection (Review layout, GIFA measurements, accommodation uses, structure, services within, specialist features)
What is a Reinstatement Cost Assessment?
Calculate the potential cost to rebuild a structure and provide a ‘day one reinstatement’ figure, also known as the declared value.
How often should a Reinstatement Cost Assessment be completed?
RCA is carried out every three years, with desktop evaluations carried out annually with costs amended based on Tender Price Indices (TPIs)
What costs form a reinstatement cost assessment?
- 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)
How would you complete a Reinstatement Cost Assessment report?
- Nature of instruction
- Areas covered with extents of site with exclusions
- Inclusions and exclusions
- Base sum insured
- Reinstatement period indication
What are the typical planning period timescales?
8 Weeks for small commercial
13 Weeks large scale developments
What are the different planning permission requirements?
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)
What is a pre-commencement condition?
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.
What is a bat box?
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.
What is a watching brief?
‘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.
What other pre-commencement conditions did you consider?
- Sample panel of materials
- Drainage surface water scheme.
What are the significant planning legislation?
- 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
What legislation was significant with the bat species?
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
How did the bats roosting effect the project?
Required the works to be completed during the Autumn months, also increased the budget cost as soft strip and installation of bat boxes.
What is the purpose of dilapidations?
Dilapidations are breaches of leases due to the condition of the property being leased, either during or at the end of the lease period.
What is the dilapidations protocol and main purpose of this?
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.
What are significant timelines of the dilapidations protocol?
- 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.
How does a schedule of dilapidations be laid out?
Item number, clause number, breach complained of, remedial works required and landlords costing.
When reviewing a dilapidations claim, what do you review?
Lease, existing schedule of conditions, plans/demise, license to alter, any agreements made between the parties.
How can you cost a project?
Provide invoices of the works, tender for works complete, using a price book (BCIS), input with recent tender rates, quantity surveyor advice.
What is the purpose of issuing a dilapidations during tenancy?
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.
What legislation is relevant to a dilapidations claim?
Law of Property Act 1925
The Leasehold Property (Repairs) Act 1938
Landlord Tenant Act 1927
What role as a surveyor may you take on in a dilapidations claim?
- Tenant or landlord
- Adviser (comment on documents produced)
- Expert Witness (impartial for tribunal)
- Dispute Resolver (Nominated through Dispute Resolution)
What is the Section 18?
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).
