Legal/regulatory Compliance Level 2 Flashcards
What are the Building Regulations?
Set out minimum requirements for specific aspects of building design and construction.
- ensure the health and safety
- further the conservation of fuel and power
- provide access/facilities for disabled people
What are the consequences of failing to comply with building regulations?
- Formal enforcement action being instigated under Building Act 1984.
- No completion certificate if is no building regulation sign off
- Will appear on a land search
What are the consequences of failing to comply with planning?
ENFORCEMENT NOTICE
- An enforcement notice is a legal document that can be issued when there has been a breach of planning control.
What are some primary forms of environmental legislation?
- Environmental Protection Act 1990
- Energy Act 2011
What is the Housing Act 1988?
- governs the law between landlords and tenants.
- introduced assured tenancy and assured shorthold tenancy
- facilitated transfer of council housing to not-for-profit housing associations.
When you need Building regulations approval?
- Replace fuse boxes and connected electrics
- Replace windows and doors
- Replace roof coverings on pitched and flat roofs
How can you apply for Building regulations approval?
- Local authority
- Private approved inspector
What is a Listed Building?
- A building which is of special architectural or historic interest.
- Criminal offence to alter listed buildings without consent
What approvals are needed before construction can begin?
- Planning permission
- Building Regs approval
- Health and Safety (CDM Regulations)
- Party Wall Act
- Environmental consents
Party Wall Act 1996
Provides a framework for preventing disputes in relation to party walls, structures, boundaries or excavation near buildings.
Name some approved documents
- ‘A’ - Structure
- ‘B’ - Fire safety
- ‘L’ - Conservation of fuel and power
- ‘P’ - Electrical safety
S F C E
Agricultural Restriction
- covenant restricting occupancy of a property to those engaged in agriculture.
What is an easement?
- the right of one landowner to make use of another nearby piece of land for the benefit of his own land.
What is compulsory purchase order?
an order that gives the authority the legal power to buy your home or land from you
The Building Act 1984
- the primary legislation under which the Building Regulations and other secondary legislation is made.
- empowers local authorities to enforce the building regulations.
- powers include a right of entry into buildings and powers of prosecution and enforcement in relation to non-compliant building work, dangerous structures and demolitions
A new draft “Building Safety Act” is expected in 2021 and will aim to implement the recommendations of Hackitt’s review of building regulations.
Town and Country Planning Act 1990
- Regulates the development of land in England and Wales.
- Section 106 agreements can be attached to a planning permission
Planning (Listed Buildings and Conservation Areas) Act 1990
- provides specific protection for buildings and areas of special architectural or historic interest
What is a conservation area?
an area of particular historical, social or architectural interest.
What is an AONB?
AONB is land protected by the Countryside and Rights of Way Act 2000
It protects the land to conserve and enhance its natural beauty.
What are the enforcement powers under Planning (Listed Buildings and Conservation Area) Act 1990)?
- carrying out work without the necessary listed building consent is an offence under section 9
- no time‑limits for issuing listed building enforcement notices
What are the fines for not complying with Planning (Listed Buildings and Conservation Area) Act 1990?
2 years imprisonment and/or an unlimited fine.
The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020
Obligations placed on landlords:
- ensure the electrical standards for safety are met
- arrange testing of the electrical installation every five years;
- provide new tenants a copy of the report before they occupy the property
Gas Safety (Installation and Use) Regulations 1998
- landlord must ensure that gas appliances checked annually
- Testing must be by a Gas Safe registered installer.
- Must ensure installer is approved by the Health and Safety Executive .
Health and Safety at work etc ACT 1974
- covers occupational health and safety
- sets out the duties of ‘responsible persons’ in regarding to health and safety
- Duty to carry out a risk assessment in common parts.
- Working at heights, electrical safety, legionella, COSHH, RIDDOR, Asbestos.
Personal Protective Equipment at Work Regulations 2002
- Employers have duty to undertake a risk assessment of the PPE needs of employees and provide suitable equipment
- Employees have a duty to wear the equipment.
- Employees are also required to use the equipment in accordance with training given
Main duties under Regulatory Reform (Fire Safety) Order 2005
- Carry out a FRA
- Rid or reduce risk
- take actions to reduce risk from flammable/explosive materials
What is the Regulatory Reform (Fire Safety) Order 2005?
- covers general fire safety relating to non-domestic property
- places emphasis on risk assessment and fire prevention
- reasonable steps must be taken to reduce the risk from fire and to ensure means od escape
- RRO applies to any place (other than a private dwelling) where a person works
Smoke and Carbon Monoxide Alarm (England) Regulations 2015
place a duty on landlords to install a:
- smoke alarm on every floor of the premises
- carbon monoxide alarm in any room that contains a solid fuel burning combustion appliance.
Homes (Fitness for Human Habitation) Act 2018
- introduces an implied covenant in leases that landlords must ensure their property is fit for human habitation at the beginning of the tenancy and for the duration of the tenancy;
- where a landlord fails to do so, the tenant may take action in the courts for breach of contract on the grounds that the property is unfit for human habitation.
The Equality Act 2010
- includes 9 protected characteristics
- sets out the ways in which someone can be treated unlawfully and failing to make a reasonable adjustment for a disabled person.
- prohibits unfair treatment in the workplace
What is an HMO?
- any property occupied by three or more people comprising two or more households who share facilities
and occupy the property as their only or main residence, even if they are all friends and occupy the property on a single tenancy.
When is a Mandatory HMO licence needed?
- required if the property meets the standard test, self-contained flat test or converted building test HMO definition in section 254 of the Housing Act 2004 and is occupied by five or more people
- more than 1 household
- ‘Large HMO’
What is additional licencing?
- A Council has the power to introduce additional licensing under Part II of the Housing Act 2004.
- The Act permits additional licensing where the local authority believes that a significant proportion of HMOs are poorly managed and giving rise to problems for residents or the general public
- Additional licensing applies to certain Houses in Multiple Occupation (HMOs) that fall outside the scope of the mandatory HMO licensing scheme (large HMOs).
- Each council will decide what type of HMOs need a licence.
What is selective licensing?
- Part III of the Housing Act 2004 gives councils the power to implement a selective licensing scheme covering almost all private rented properties within a defined geographical area.
- A selective licensing scheme can only be introduced if the council is satisfied that are problems with low housing demand or significant and persistent problems of Anti Social Behaviour (ASB) linked to the private rented homes in that area.
Licensing requirements
Electrical safety -The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020
Fire Safety – LACORS Housing Fire Safety
Gas Safety - Gas Safety (Installation and Use) Regulations 1998
Minimum room sizes for HMOs
If your landlord applies for or renews an HMO licence on or after 1 October 2018, bedroom sizes must be at least:
- 51 square metres for a person aged 10 or over
- 22 square metres for 2 people aged 10 or over
- 64 square metres for a child under 10 years old
Some councils may set higher standards for bedroom sizes.
If a room is used as bedroom and doesn’t meet the size requirement, the council can allow your landlord up to 18 months to comply with the rules
What is article 4 direction?
- Withdraws the permitted development right
- Article 4 Directions are the legal means by which a local authority can require property owners to seek permission to convert a single dwelling house into a small HMO
What legislation is relevant to right to light?
Prescription Act 1832
Rights of Light Act 1959
Housing and Planning Act 2016
What is MEES?
Minimum Energy Efficiency Standards
What does MEES do?
- regulations under the Energy Act 2011 to impose a requirement for Minimum Energy Efficiency Standards (MEES) on investment buildings in England and Wales
What is the minimum EPC needed to let a property?
EPC E
What are the future minimum EPC targets for rental properties?
the aim for as many of them as possible to be upgraded to EPC Band C by 2030, where practical, cost-effective and affordable
CHECK THIS
What are the Gov aims for EPCs for owner occupied?
EPC C by 2035 where possible/practical
What is the terrorism is ACT 2000?
prohibits the purchase of property with the proceeds of crime or its use for terrorism, and enable anyone with suspicions about such acts to report them, overriding any duties of confidentiality.
What is the proceeds of Crime Act 2002?
Prohibits the purchase of property with the proceeds of crime or its use for terrorism, and enable anyone with suspicions about such acts to report them, overriding any duties of confidentiality.
What is the Bribery Act 2010?
- prohibits the payment of bribes
- makes commercial bodies criminally liable for such payments by persons associated with them, unless they can show they had adequate procedures in place to prevent it.
What does the Health and Safety at Work Act 1974 do?
places a duty on employers to ensure that health and safety of employees and others is not at risk, so far as is reasonably practicable.
