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Legal & Reg > Legan & Regulatory Compliance - Flash Cards - Level 1 > Flashcards

Legan & Regulatory Compliance - Flash Cards - Level 1

1
Q

What are some of the key regulations associated with your role?

A

Building Regulations 2010, Control of Asbestos Regulations 2012, CDM Regulations 2015, Health & Safety at Work Act 1974, Town and Country Planning Act 1990.

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2
Q

Explain the Building Regulations 2010?

A

The Building Act 1984 is the primary, enabling legislation under which secondary legislation such as the Building Regulations are made. Building Regulations set minimum standards for the design, construction, and alternation of buildings to ensure health and safety, energy efficiency and inclusive access.

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3
Q

Explain the Building regulations Approved Documents?

A

The Building Regulations 2010 are supported by the Approved Documents which provide practical guidance on compliance. Failure to comply leads to fines, enforcement notice, no final cert, dangerous structures.

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4
Q

Explain the Control of Asbestos Regulations 2012?

A

Approved code of practice and guidance for employers for controlling exposure to asbestos and managing asbestos in buildings.

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5
Q

Explain the CDM Regulations 2015?

A

Regulations that cover the management of health, safety and welfare when carrying out construction projects.

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6
Q

Explain the Health & Safety at Work Act 1974?

A

Primary legislation that covers H&S. Act of parliament that sets out the framework for managing workplace health and safety in the UK. Sets out duties of employers. Enforced by the HSE.
You must have a written H&S policy for 5 employees and above.

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7
Q

Explain the Town and Country Planning Act 1990?

A

Regulates the development of land in England and Wales.

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8
Q

Explain the Building Safety Act 2022?

A

Act created clear framework for design, construction and Managment of safer and higher quality homes. Ensure building safety is paramount following Grenfell Tower tragedy.

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9
Q

What key requirements did the BSA 2022 introduce?

A

Duty holder responsibilities - client, PC, BSA PD. Building safety Regulator - HSE for all high risk. Golden thread of information - Accurate recording and availability of information. Amendments to RRFSO - Improve and simplify responsible persons duties.

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10
Q

What is the role of building control?

A

Ensure compliance of design, construction, and alterations of buildings.

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11
Q

What are the different types of building control inspector?

A

Local authority (registered building control inspector),
Private (registered building control approvers).

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12
Q

What is the difference between LA and registered building control approvers?

A

LA: enforce regulations, small projects completed under Building Notice. RBCA: private registered company, serve notice to LA to notify, provide plan check, provide final certificate.

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13
Q

What changes has the BSA brought in for BC registered BC approvers?

A

The requirement to be registered with the Building Safety Regulator to show competence. Defined types of buildings that they can work on.

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14
Q

What are the different types of building control approval?

A

Full plans: formal approval received.
Building Notice: small projects, no formal approval.
Regularisation: Retrospective approval.

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15
Q

How else can BC approval be obtained other then through BC?

A

Competent Person Scheme i.e. HETAS, NICEIC, FENSA, National Federation of Roofing Contractors Limited.

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16
Q

What is the role of the Building Regulations PD?

A

The Building Regulations principal designer (PD) must plan, manage monitor design work, and cooperate, coordinate and communicate to ensure the design work, if built, complies with building regulations.

17
Q

When does the role of the Building Regulations PD apply?

A

To all projects where there is more than one contractor working on a project where building work started after October 23 and where the building regulations apply.

18
Q

What is the National Planning Policy Framework?

A

It is a land-use planning policy in England that provides a framework for locally-prepared plans for housing and other development. It acts as a rulebook for planning authorities and developers setting out principles for housing, economy, transport and sustainability.

19
Q

What legislations does permitted development fall under?

A

Town and Country Planning (General Permitted Development )(England) Order 2015.

20
Q

What are the different types of planning application?

A

Full planning: Proposed works does not fall under permitted development.
Outline Planning Permission: To understand whether the nature of a development is acceptable.
Permitted Development: Rights for some work that do not require a formal application.
Lawful Development Certificate - To confirm work does not require full planning permission.
Change of use - To change the use of a building.

21
Q

What information would you reference to confirm whether planning permission was required?

A

Section 55 of the Town and Country Planning Act 1990.

22
Q

What is a design and access statement and when is it required?

A

Explain design principles and concepts, quantity, layout scale, landscaping, use and access. They are required for buildings over 1,000sqm, developments of 10 houses or more, where listed building consent is required and in conservation areas for buildings of 100sqm.

23
Q

What is article 4 direction?

A

Where LA’s remove certain permitted development rights issuing an Article 4 direction.

24
Q

What is the Party Wall etc. Act 1996?

A

An enabling act to allow an owner to undertake certain specific works on, adjacent to, adjoining premises while giving protection to potentially affected neighbours. In addition, the act provides for a mandatory dispute resolution procedure. Mediation by a statutory appointed surveyor.

25
Q

What is the difference between a party wall and party structure?

A

Party wall - A wall standing on the line of two owners.
Party structure - Wall or floor separating different parts of a building.

26
Q

What are the different notices within the Party Wall etc. Act 1996?

A

Section 1: line of junction - New building.
Section 2: Party Structure - Works to existing structure.
Section 3: Adjacent excavations - Excavations near AO footings.

27
Q

Under the Control of Asbestos Regulations 2012 what are the duties of the duty holder?

A

Identify ACMs in the premises, assess and keep up to date records, assess risks and plan, provide management information to anyone working in the premises.

28
Q

What are the different types of asbestos survey?

A

Management survey - Generally non-intrusive for management purposes.
Refurbishment or demolition - Detailed intrusive survey where samples are taken.

29
Q

What are the different types of asbestos removal?

A

Licenced: High risk i.e. spray coatings.
Notifiable non-licenced: Medium risk i.e. asbestos cement.
Non- licenced: low risk i.e. removing vinyl tiles.

30
Q

How far in advance do notifiable work need to be arranged?

A

14 days.

31
Q

What information would you require following asbestos removal?

A

Air test and clearance certificate, waste certificate.

32
Q

What is an F10 and when is required?

A

Notifiable to the HSE. Longer than 30 days and more than 20 workers on site or exceed 500 person days.

33
Q

How long does it take for a planning application to be decided?

A

Within 8 weeks, starting from when the application has been validated. I would recommend to a client between 8-12 weeks including validation. If a decision is not made within 12 weeks the fee is to be returned to the applicant.

34
Q

Can you appeal a planning decision?

A

Yes, up to 6 months from the decision letter. If you think the decision goes against the planning policy or object to specific conditions. No fee for appealing, will need to create an appeal statement.

35
Q

As a deisgner what does CDM 2015 require you to do?

A

Ensure client is aware of duties, take in to account pre-construction information when designing, eliminate, reduce and control risks, record outstanding risks in design risk register.

36
Q

What is a competent person scheme?

A

Schemes that allow self certification of building works as a trade installer instead of obtaining BC approval. For example FENSA, HETAS, NFRC (national federation of Roofing Contractors).

37
Q

What are some recent changes in Part F?

A

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