Legan & Regulatory Compliance - Flash Cards - Level 3

Question 1

Windows, Castlewood - What is the primary legislation for Asbestos?

Answer 1

The Control of Asbestos Regulations 2012 - Details the legal duties of duty holders.
Control of Substances Hazardous to Health Regulations (COSHH) - Prevent harm or control worker exposure using effective risk management and good control practices.

Question 2

Windows, Castlewood - What are the clients duties under the regulations for asbestos?

Answer 2

Client duty to manage asbestos in non-domestic premises, undertake intrusive survey when doing intrusive works. Provide asbestos training to all workers.

Question 3

Windows, Castlewood - What survey type did you recommend was undertaken and why?

Answer 3

Refurbishment survey to determine if through the removal any asbestos was present.

Question 4

Windows, Castlewood - Where may have you found asbestos as part of the window & door replacements?

Answer 4

As part of the window assembly including asbestos packers, cavity insulation, damp proof membranes.

Question 5

Windows, Castlewood - Why did you require the client to instruct the asbestos survey works?

Answer 5

The company I work is not insured for instruction asbestos surveys or removal works. This is outlined in T&Cs during appointment.

Question 6

Windows, Castlewood - What was included in the PCI about asbestos?

Answer 6

Details the asbestos information held and that the client requires all ACMs to be removed by a licenced contractor.

Question 7

Windows, Castlewood - What would you advise the client if the asbestos survey was not able to be undertaken prior to tender?

Answer 7

That a refurbishment survey must be undertaken prior to the commencement of works and to allow a provisional sum for removal works and possibility of watching brief.

Question 8

Windows, Castlewood - How could you additional manage asbestos during the works if there was a high risk?

Answer 8

Utilise a watching brief during high risk works i.e. during the window and door removals.

Question 9

Windows, Castlewood - What information do you require once asbestos has been removed?

Answer 9

Air test certificate, waste disposal certificate and information on where the asbestos was removed to assist the duty holder.

Question 10

Windows, Castlewood - How can you check for a competent asbestos surveyor?

Answer 10

Advise my client to obtain a surveyor using the United Kingdom Accreditation Service (UKAS) as this is the sole recognised accreditation body in GB

Question 11

Windows, Castlewood - Who needs to be notified for notifiable works?

Answer 11

HSE, at least 14 days notice required.

Question 12

Communal, RBC - Why did you advise the works may require planning permission?

Answer 12

Due to the nature of the works changing the external look of the building.

Question 13

Communal, RBC - What information did you review to suggest the works may fall within permitted development?

Answer 13

I reviewed the Town and Country (General Permitted Development)(England) Order 2015, where schedule 2 defines permitted development rights.

Question 14

Communal, RBC - Why did you advise on obtaining pre application advice?

Answer 14

I advised pre application advise was sought to confirm obtain further advise on whether the works would fall under permitted development and if the works fell under any local considerations.

Question 15

Communal, RBC - What is the process in obtaining pre application advice?

Answer 15

Apply on LPA website and submit relevant fee.

Question 16

Communal, RBC - What is a certificate of lawful ness?

Answer 16

To obtain certification on the works falling under permitted development.

Question 17

Communal, RBC - Why did you recommend to you client that a certificate of lawfulness was obtained?

Answer 17

So that there was an auditable trail of clarifying full permission was not required for the proposed works.

Question 18

Communal, RBC - What permitted development right did the works fall under?

Answer 18

Schedule 2 of the permitted development order - One example would be erecting new fence, not being able to be above 2m.

Question 19

Communal, RBC - How did you know the permitted development rights where not restricted on the site?

Answer 19

I reviewed the LPA’s information on Article 4 directions where permitted development rights may be restricted.

Question 20

Communal, RBC - How did you know the building fell within allowance for permitted development rights?

Answer 20

Through reviewing the Permitted Development Order and also obtaining clarification from the LPA.

Question 21

Windows, Castlewood - Castlewood primary, difference between notifiable or non-notifible asbestos removal?

Answer 21

Notifiable works must be notified to the HSE no later than 14 days prior to commencement of removal.