Legal/Regulatory Requirements Flashcards
What are the reasons for rejecting an initial notice?
- Not in prescribed form
- Wrong Local Authority
- Lacking information
- Overlaps with another notice
What time frames do the LA have for enforcement?
- Within 2 years beginning with the day the offence was committed
- Within 6 months of when evidence comes to knowledge of person commencing proceedings
- 10 years under Building Safety Bill
What penalties can LA enforce of non compliant work?
A fine not exceeding level 5 on the standard scale and £50 each day until work removed if convicted.
What is the Building Safety Bill and how will this effect the Building Regulations and associated legislation moving forward?
The bill enacts Hacketts report and will over haul BC regimes for multi occupied residential buildings. The bill provides a new regulator, stricter sanctions, 3 gateways, new duty holders, competence requirements and mandatory occurrence reporting. The fire safety bill will amend the RRO to clarify that the responsible person must manage and reduce risk of fire for structure/external walls and entrance doors to flats.
What is the difference between section 77 and 78 of the Building Act 1984?
Both cover dangerous structures but section 78 covers LA powers in emergency situation
What time frames should you give when informing a client of non-compliant work?
They have 3 months to rectify the works otherwise the initial notice will be cancelled and application handed to the LA
How would you return a project back to the LA?
If AI was unable to carry out their function they should give notice to the LA in the prescribed form and person carrying out work. This is known as a reversion.
Romford Road- What other items were you looking for under the demolition notice?
- notification to neighbouring properties
- notification to public gas, electricity supplier
- Location of site
- Demolition zone highlighted
- Scope of works
How long is the approval period for a demolition notice?
The LA has 6 weeks to respond. They can issue a counter notice under S81, normally relates to repairs/safety of neighbouring properties.
How would you deal with a contravention of BR at the LA?
I would request the builder rectifies work, if they fail to do so I would further request under s35 they remedy within 6 months. If they fail to do so I would issue a section 36 notice.
Why did you choose section 36 and not 35 to prosecute?
The builder was extremely uncooperative and verbally abusive. He was adamant he wouldn’t change anything even if we took him to court. It was in the Councils interest to save money and issue a s36 notice.
What time periods are there for enforcement and how did this affect your decisions?
2 years from offence, 6 months from when officer finds out. 12 Months under section 36. Means we had to move swiftly and avoid court if possible as usually a slow process.
What are the building regulations?
Regulations to ensure our buildings are safe, energy efficient and accessible for everyone who uses them. Building Regs are made under S1 of the Building Act 1984. The Building Regulations 2010 gives Approved Document Guidance on how to comply
What are Approved Inspectors?
Alternative body used to regulate construction and provide BC approval. Qualified to undertake BC work under Part 2 of the BA 1984
What section of the BA 1984 covers cancellation of initial notice?
Section 52
What section of the BA 1984 covers the power to make Building Regulations?
Section 1
What section of the BA 1984 covers consultation with the fire authority?
Section 15
What section of the BA 1984 covers Approved Inspectors?
Section 49
What section of the BA 1984 covers penalties contravening the Building Regs?
Section 35
What section of the BA 1984 covers time restrictions on enforcement action?
Section 35a
What section of the BA 1984 covers removal/alternation of offending work?
Section 36
What section of the BA 1984 covers Demolition Notices?
Section 80
What section of the BA 1984 covers Dangerous Structures?
Section 77 & 78
What section of the BA 1984 covers acceptance of initial notice?
Section 47
What section of the BA 1984 covers AI final certificate?
Section 51
What section of the BR 2010 covers materials & workmanship?
Regulation 7
What section of the BR 2010 covers unauthorised building work?
Regulation 18
What section of the BR 2010 covers fire safety information?
Regulation 38
What section of the BR 2010 covers completion certificates?
Regulation 17
What section of the BR 2010 covers meaning of building work?
Regulation 3
What section of the BR AI 2010 covers approval of inspectors?
Regulation 4
What section of the BR AI 2010 covers termination of approval?
Regulation 6
What section of the BR AI 2010 covers events causing initial notice to cease?
Regulation 17
What section of the BR AI 2010 covers cancellation of initial notice?
Regulation 18
What section of the BR AI 2010 covers consultation with fire rescue authority?
Regulation 12
What new prosecution options are there under the Building Safety Bill?
- Contraventions of building regulations up to 10 years in prison
- Issue stop notices during design and construction
- Penalties for giving false or misleading information
When can you not issue a s36 notice?
- 12 months from date of completion
- The works were as per plan and passed by LA
What time periods are there for enforcement under s36?
12 months
What are the penalties under s36?
- LA require owner to pull down work
- the LA can remove works and recover costs from owner
- 12 months from completion of works
What does a s78 notice involve?
- give notice to owner if reasonable to do so
- recover expenses to make works safe
- owner can apply to magistrates court to determine is use of s78 was acceptable instead of s77
What do you need to be careful of when enforcing a s78 notice?
That it could have been enforced under s77. If it could have then LA can’t claim back costs
What does a s77 notice involve?
- LA can ask owner to make building safe (non immediate danger)
- if owner doesn’t, LA can go to magistrates court and ask for court order to make building safe
- if owner fails to comply the LA can make safe and recover costs from owner
- owner subject to a fine
- powers subject to Listed Buildings Act 1990
What regulation are AI’s independence governed by?
Building Regulation 9
To what buildings do the Building Regulations apply?
To any building work defined in regulation 3 or 5. However section 4 of BA1984 outlines exemptions
What new guidance is there relating to competence since the Building Safety Bill?
Setting The Bar - NEW COMPETENCE
REGIME FOR BUILDING
A SAFER FUTURE by Competence Steering Group
What information is required under regulation 38?
As built fire safety information - will be known as golden thread of information. Digital information, accurate records
What items are exempt in external walls under Regulation 7?
- cavity trays when used between 2 skins of masonry
- windows/doors
- gaskets
When is a demolition notice not required?
When the building is under 50m3
