Legal/Regulatory Specific Questions Flashcards
Tell me about the Health and Safety at Work Act 1974
- legal duty on employers to ensure h&s of employees
- 4 main objectives:
o safe place of employment
o safe working environment
o written health and safety policy/risk assessment
o Look after the health and safety of others
Tell me about the Regulatory Reform (Fire Safety) Order 2005
- covers fire safety relating to non-domestic property
- risk assessment and fire prevention
- reasonable steps - to reduce risk from fire and to ensure means of escape
- RRO applies to any place (other than a private dwelling) where a person works.
Tell me about the Minimum Energy Efficiency Standards 2015
- regulations under Energy Act 2011
- impose a requirement for Minimum Energy Efficiency Standards on investment buildings
Tell me about the Building Regulations (2010)
Minimum requirements for building design and construction.
- health and safety
- conservation of fuel and power
- access for disabled people
Name some of the approved documents
- ‘A’ - Structure
- ‘B’ - Fire safety (Volume 1 and 2)
- ‘L’ - Conservation of fuel and power
- ‘P’ - Electrical safety – Dwellings
What is the enforcement action that can be taken by the local authority.
Building Act 1984.
- Fine
- Enforcement notice requiring alteration or removal of work
- local authority can undertake the work itself and recover the costs
- No completion certificate issued if no building regs sign off and this will appear on a land search
Tell me about the licencing requirements in my area of practice
- Croydon used to operate a selective licencing scheme – no longer operates this
A selective licence scheme means that:
- 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
Francis Road CR0 Talk me through how you identified the lack of Building Regulation compliance.
- Building had been altered post original construction
- I suspected the property did not have building regulations due to the narrow stair case, the lack of a wired smoke alarm and intumescent strips around the floor
PERHAPS BEEF THIS UP FROM NBS FAIRE SAFETY DOC
Francis Road CR0 What was the lender guidance on this?
- WHERE THERE ARE CONCERNS REGARDING THE INTEGRITY/SAFETY/COMPLIANCE OF ANY LOFT ROOM/ATTIC CONVERSION, THE CASE SHOULD BE DECLINED.
- Different for NBS vs TMW
NBS - decline pending building regs and LA approval. Or confirmation from app it can only be used as stoage.
Cherry Orchard Road CR0 What was the purpose of the inspection?
- Mortgage valuation
Cherry Orchard Road CR0 How did you ensure that the EWS1 form was completed by a suitably qualified professional?
- Assessed it against the RICS list of acceptable qualifications
- Cover letter
- Chartered Engineer
- Chartered Fire Engineer
Cherry Orchard Road CR0 Explain your understanding of the risk rating B1.
- Combustible materials are present on the external wall
- The fire risk is sufficiently low that no remedial works are required
Cherry Orchard Road CR0
Talk me through your valuation report.
- Originally declined the property pending EWS1 (but provided an indication of value)
- I provided the valuation figure as no remedial works were required
Tell me about selective licensing
- Housing Act 2004 allows councils to implement a selective licensing scheme covering private rented properties within a geographical area.
- can only be introduced if problems with low housing demand or Anti Social Behaviour (ASB) linked to the private rented homes in that area.
What is tmw guidance on loft conversion
WHERE THERE ARE CONCERNS REGARDING THE INTEGRITY/SAFETY/COMPLIANCE OF ANY LOFT ROOM/ATTIC CONVERSION, THE CASE SHOULD BE DECLINED.
What is NBS policy on loft conversion
If clearly does not comply - Decline
Areas of concern - Request info - Complies then value - No building regs - (Regularisation cert or value as non-habitable)
Latest new on ews1
No one in building over 11m will have to pay for cladding
Paid by developers
How did you apply the process of requesting an EWS1 from?
- Val of properties in multi-storey , multi occupancy residential buildings with cladding
17 storey (over 6 storey with cladding) Therefore requested EWS1
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.
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 ELECTRICAL SAFETY 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
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
Homes (Fitness for Human Habitation) Act 2018
- landlords must ensure their property is fit for human habitation
- 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.
Housing Act 2004
Introduced:
- Housing Health and Safety Rating System
- mandatory HMO licensing
- additional & selective licensing
- tenancy deposit protection scheme
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
Future EPC targets
BTL - EPC C by 2025
Owner - as many as poss 2035
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.
Housing Health and Safety Rating System
- 29 hazards
- assesses effect they have n health and safety of occupants
