Legislation

Question 1

Building Regulations 2010

Answer 1

Provide minimum standards for the design, construction and alteration of buildings. They are supported by a suite of approved documents providing detailed practical guidance on compliance.

Question 2

The Construction (Design & Management) Regulations 2015

Answer 2

These regulations aim to promote high standards of health and safety in the construction industry.
They apply to all building and construction work and allocate defined roles to various parties, including the client, principal designer, designer, principal contractor, contractors and workers.

Question 3

Dilapidations

Answer 3

When a property is let, the lease will typically place repair and maintenance obligations on both parties.
Where these obligations are not met during or at the end of the lease term, typically by the tenant, then the landlord can pursue a dilapidations claim.

Question 4

Equality Act 2010

Answer 4

This replaced the Disability Discrimination Acts of 1995 and 2005 to provide a single piece of legislation protecting people from discrimination in the workplace and wider society.
The key elements that building surveyors need to know about are reasonable adjustments for occupants, and the protected characteristics of age, disability, gender reassignment, marriage or civil partnership status, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

Question 5

Fire Safety Act 2021

Answer 5

Part of wider UK government building and fire safety reforms following the Grenfell Tower fire in 2017, this amends the Regulatory Reform (Fire Safety) Order 2005.
It requires those who are defined as responsible persons to assess, manage and reduce fire risk associated with certain types of building, essentially blocks of flats in multiple occupancy.

Question 6

Gas Safety (Installation and Use) Regulations 1998

Answer 6

All rented residential accommodation must be subject to an annual gas safety check.

Question 7

Health and Safety at Work etc. Act 1974

Answer 7

This is the primary legislation relating to workplace health and safety, placing a duty of care on employers for their employees. Employees also have a duty of care towards colleagues, clients and contractors.

Risk assessment is a key part of complying with the 1974 Act, and all building surveyors must assess this risk before they visit any site or workplace.

Question 8

Instruments

Answer 8

A statutory instrument is the most common form of secondary legislation, meaning that Parliament passes a framework act under which delegated or secondary legislation is subsequently passed.

There are many examples of statutory instrument in the field of planning, for instance, including the Town and Country Planning (Use Classes) Order 1987 and Planning (Listed Buildings and Conservation Areas) Regulations 1990.

Question 9

Planning (Listed Buildings and Conservation Areas) Act 1990

Answer 9

This act protects buildings of historical, heritage or architectural importance. There are three grades of listing in England and Wales, with grade I being the highest, followed by grade II* and grade II. Listed building consent is required for any works to these properties, including demolition, alteration and extension.

Question 10

Management of Health and Safety at Work Regulations 1999

Answer 10

These regulations set further obligations on the health and safety of employees that employers must meet. Examples include portable appliance testing and risk assessment for specific employees, such as new or expectant mothers and young people.

Question 11

Building Safety Act 2022

Answer 11

• High Risk Buildings over 18m or 7 Stories
• Gateway Programme: Planning, Pre-Contruction, Pre-Occupation
• Time: Longer Design Periods
• Cost: More prof fees/ project delay costs, easier to insure
• Quality: Improved design, safer
• Suits the 2 stage tender approach

Question 12

What is the Freedom of Information Act 2005?

Answer 12

• This is the primary piece of UK legislation that controls the access to official information.
• The act permits the public right of access to information held by public authorities.
• Information must also be published through the public authorities publication scheme.
• The act covers all information held and not just information since the act came into effect.

Question 13

What is the Data Protection Act 2018?

Answer 13

• The act replaces previous 1998 legislation and manages how personal data is processed by organisations and the government.
• It is the UK legislation for the implementation of the EU General Data Protection Regulations (GDPR).

Question 14

Disability Discrimination Act 1995?

Answer 14

• You can’t discriminate against someone with a disability
• Building provisions for disabled people
• Feeds into Part M

Question 15

Human Rights Act 1998?

Answer 15

Gives people the right to basic human rights

Question 16

Construction Act 2009?

Answer 16

• Replaced Housing, Grants and Regeneration Act 1996
• Right to Interim Payments
• Dispute Resolution via Adjudication
• Banning of “Pay-when-Paid” Clauses
• Right to Suspend Work for Non-Payment
• Contract Requirements

Question 17

What is a Deed of Variation?

Answer 17

A formal legal document that amends the terms of an existing contract. It is commonly used when both parties mutually agree to alter certain aspects of a contract after it has been signed, rather than creating a new contract entirely.

Question 18

Limitations Act 1980?

Answer 18

Sets specific time limits within which legal claims must be initiated. These time limits, known as “limitation periods,” help ensure that cases are brought to court within a reasonable timeframe and provide legal certainty by preventing parties from indefinitely threatening litigation.