Legal & Statutory Flashcards
Name the approved documents
A structure B Fire Safety C Resistance to moisture D toxic substances E passage of sound F ventilation G sanitation H drainage J combustion K protection from falling L thermal (Conservation of fuel and power) M access N glazing P electrical Q security R infrastructure for high speed electronics 7 workmanship
What is Diminution in Value (18.1)
Diminution in value – the value of repair should not exceed the amount that would be added to the value of a property.
Limb a - Value of repair works shouldn’t exceed the difference between the property’s current value to it in good condition.
Limb b - Cannot ask a tenant to carry out works if it is going to be superseded by other works such as a refurbishment.
What is a Party Wall?
A shared element which separates and bounds separate owners curtilages.
What is a Party Fence?
Party fence wall is a free standing structure which bounds separate properties.
Normal fences made of timber or concrete posts and timber panels do not come under the 1996 Act.
Wall must be brickwork or stonework etc. Section 3 applies to works to these ‘Party Fences’.
What is Section 1 Notice under Party Wall?
Section 1 – Line of junction
Where you want to build on the boundary line.
1 Month Notice Required (even if building on own land).
12 to do the works from serving notice.
The building of a new wall astride the boundary is the only type of work covered under the Act which the adjoining owner can prevent.
If the adjoining owner does not respond in writing within the building owner will have to build the new wall entirely on his side of the boundary line. The building owner may place any necessary footings and foundations (with the exception of reinforced foundations known as ‘special foundations’) under the adjoining owner’s land provided that it is necessary. The work can commence when the notice period has expired.
What is a Section 3 Notice under Party Wall?
Section 3 – Party Structure Notice.
Nature of works set out in Section 2 (confusing!)
Where you want to work on an existing party wall or party fence wall.
2 Months Notice Required.
12 to do the works from serving notice.
Must provide the following information:
- Name and address of the building owner
- Nature of the proposed work
- Date on which the work will begin
What is a Section 6 Notice under Party Wall?
Section 6 - Excavation Notice
where you want to excavate within vicinity of your neighbour and deeper than their foundations.
1 Month Notice Required.
12 months to do the works from serving notice.
Notice must be served if the proposed foundations are:
Less than 3m from neighbouring building/structure.
or
Less than 6m using the 45 degree rule to the bottom of the proposed footings or foundations.
Must include details for foundation works, plans, details etc with dimensions.
What occurs following your notice under the Party Wall etc 1996 Act?
Consent / dissent – chose own surveyor or agreed surveyor
If no response in 14 days – 10 day follow up. Appoint another surveyor on their behalf.
What is a Listed Building?
Listed building – 1 exceptional / 2* - historic importance and beauty / 2 – of importance.
Criminal offence to do works without consent such as stuff usually under permitted development such as dormer or windows or small extensions.
4 Values, Evidential, Communal, Aesthetic, Historical.
What is Building Control?
Control building work Issue compliant works with completion certificate Full plans Building notice regularisation
What is Conservation Area Consent?
Now just planning permission instead of conservation area consent.
Consult with the local conservation officer.
What would you do if the adjoining owner doesn’t respond within the statutory time frame in relation to Party Wall? What is that timeframe?
FOR SECTION 3 and 6:
- After 14 days, issue a 10 day follow up letter.
- If still no response then appoint a surveyor on their behalf. No third surveyor required in this case.
FOR SECTION 1
- After 14 days, issue a 10 day follow up letter.
- If no response, wait until the 1 month notice has expired and build on own land (may use their side for footings/foundations etc)
If an adjoining owner receives a notice and would also like to undertake works how would they go about this?
They have to issue a counter notice within 1 month. The building owner should agree providing it does not have a serious negative impact or risk on their dwelling.
How long of a notice period should you give before requiring non-emergency access to neighbouring land in relation to party wall?
14 days
What approved document would you consider for accessibility?
Approved Doc M
What do you need to submit alongside your proposals to works/alterations to listed buildings?
For alterations - A written statement (Heritage Statement) with the impact the work will have on the significance of the asset in relation to heritage principles:
Communal
Evidental
Aesthetic
Historical
When did the Building Regulations come into force?
The Building Act 1984 - Came into force in 1985.
Which countries do the current Building Regulations apply?
Only applies to England.
Which regulations fall under the Building Act 1984?
Building (Approved Inspector) Regulations 2010
Building Regulations 2010
Building (Inner London) Regulations 1985
Building (Local Authority Charges) Regulations 2010
What buildings are exempt from the Building Regulations?
See Schedule 2 of the Building Regulations.
What do the Building Regulations consist of?
Split between Parts and Schedules..
10 Parts - Which are process driven Part 2 Control of Work Part 3 Notice Plans and Submission Part 4 Supervision Part 5 Self Certification etc)
4 Schedules - The requirements which are stated in functional terms (As Approved Documents state the guidance to meet these functions) Schedule 1 Requirements Schedule 2 Exempt Buildings and Work Schedule 3 Self Certification Schedule 4 Non-notifiable work.
Are material alterations of buildings required to be compliant with the Building Regulations?
Yes.
Should all work be carried out to the Building Regulations?
Yes for the case most work, however Schedule 2 lists Exempt Buildings and Work.
Who can provide Relaxation’s to some requirements of the Building Regulations?
Secretary of state, Local Authorities.
Provided that something cant be obtained and what is proposed is reasonable or adequate.
Approved Inspectors cannot grant Relaxations.
What would you do if your client undertook unauthorised building works?
- Submit a statement to the Local Authority stating which works had been undertaken with drawings.
- Local Authority may ask for parts of the work to be exposed to ensure compliance with requirements (with or without relaxation)
- Local Authority issue Regularisation Certificate (not conclusive evidence)
- If works aren’t compliant the Local Authority may ask for the erection to be altered, removed and reinstated under a Section 36 Notice. (Local Authority may remove work if the breaches have not been rectified within 28 days. However, if the works have been completed from more than 12 months a Section 36 notice cannot be issued by the LA)
Can you be fined for non-compliance with Building Regulations?
Yes - Usually up to £5000, can be unlimited and 2 years imprisonment.
What are the procedures to carry out Building Work in relation to building control submissions?
Building Notice Submission (Start works in 2 days)
Deposit of Fulls Plans (Following pass start workings within 2 days) (If not passed within 5 weeks deemed to have passed unless otherwise failed or extension of 2 months stated from LA)
Following the completion of building works what must the LA do?
Issue a completion certificate.
