Legal / Regulatory Complience Flashcards
What are the protected characteristics under the Equality Act 2010?
Age
Disability
Gender reassignment
Marriage and civil partnership
Pregnancy and maternity
Race
Religion or belief
Sexual orientation
Sex
What is a legal requirement under the consumer protection from unfair trading regulations 2008?
Surveyors should not give false information, or fail to provide material information.
What are the EPC & MEES regulations?
Landlords are required by law to have an EPC rating of an ‘E’ or above.
From April 2023, this was extended to all leases, including those which are not new. Eg it would be illegal to continue a lease which has a rating of ‘F’ or ‘G’
What case reinforced that the liability of an EPC lies with the landlord?
Clipper Logistics plc V Scottish Equitable plc
What is the name of the regulations for asbestos?
The control of Asbestos regulations 2012 (CAR)
What is Asbestos?
A naturally occurring rock mineral
What are the types of Asbestos surveys?
1- Management survey
2- Refurbishment / demolition survey
What is the management survey for Asbestos?
To locate and asses asbestos and advise on the management of it during normal occupation
What does regulation 4 of the control of Asbestos regulations 2012 say?
The duty holder is obligated to manage the risk
Who is the duty holder?
The duty holder is the person/ company who has clear responsibility for the maintenance and repair.
Eg if vacant - the landlord
If tenanted - the tenant
When don’t you need an EPC?
1- place of worship
2- Temp building to be used for 2 years or less
3-listed building
4- industrial unit using no or limited E energy
5- due to be demolished
6- under 50 sq m and detached
What are non - compliance EPC penalties?
If a breach has lasted less than 3 months, up to £5,000 or 10% of rateable value ( whichever higher) up to £50,000.
If lasted more then 3 months, up to £10,000 or 20% of rateable value up to £150,000. ( whichever is greater)
Under section 30 of the Landlord & Tenant Act 1954, where the the 7 grounds for opposition?
A) Breach of repairing covenant
B) Persistent delay in paying rent
C) other major breach
D) provide other suitable accom
E) uneconomic subdivision
F) Demolished/ reconstruction
G) Owner occupation
What is the Bribery 2010 Act?
The act aims to reduce bribery in business in the UK
What are the 4 offences under the Bribery Act 2010?
1- receiving a bribe
2- offering a bribe
3- bribing a foreign public official
4- Failing to prevent a bribe
What is the building safety Act 2022?
The act brought/ continues to bring in measures intended to make buildings and residents safer.
Reason- Grenfell Tower fire
What is the aim of the Fire Safety Act 2021?
To help residents to feel safe in their homes and to prevent similar tragedies to the Grenfell Tower fire occurring.
What is the Misrepresentation Act 1967?
A false statement of fact during pre-contractural negotiations which has the effect of inducing the party
What are the 9 characteristics of The Equality Act 2010?
Age
Sex
Sexual orientation
Gender reassignment
Pregnancy and maternity
Marriage and civil partnership
Disability
Race
Religion
What are regulations for marketing boards?
Town and country planning ( control of advertisements) regulations 2007
What are the rules under the town and country planning (control of advertisements) regulations 2007
1- boards are to be 2sq m if flat and 2.3 sq ft if a V board
2- must not come out further than 1m
3- 1 per building
4- must be taken down with 14 days of completing
Bribery Act principles
1 - proportionality
2- top level commitment
3- risk assessment
4- due diligence
5- communication
6- Monitoring & review
What is the regulations for uses classes?
Town and country planning ( use classes) ( amendment) regulations 2020
What is classB? And what are the sub classes for this?
Industrial
B2 - General industrial
B8 - Storage or distribution
What class C?
Residential
C3 dwellings
What is Class E
Commercial, business and services
What is Class F?
Local community and learning
What does the Landlord and Tenant Act 1927
Deals with elements of dilapidations and improvements
What is section 18 (1)?
Diminution in value - eg if a property in repair is valued at £250,000 and in disrepair, worth £200,000. The dilapidations claim is limited to £50,000
What does the Landlord and Tenant Act 1988 deal with?
Lease to seek landlords consent but this consent can not be unreasonably withheld - the landlord can not withhold consent without good reason
Types of Asbestos
White
Blue
Brown
When was asbestos banned?
White - 1999
Blue - 1985
Brown - 1985
What are the regulations for money laundering?
Money laundering, terrorist financing and transfer of funds regulations 2017
Key provisions under the Legislation are?
Adopt appropriate internal controls
Ensure appropriate filing and policies
Provide staff training
Seek additional information when high risk, eg where transactions are between based in high risk countries
