PC3 Legal Framework Flashcards
Building Regulations
Set standards for design and construction to ensure health and safety for people in or about those buildings. Include requirements to ensure fuel and power is conserved & facilities are provided for people.
Approved Documents
Provides guidance how building regulations can be satisfied in common building situations. Given legal status by the Building Act 1984. No obligation to adopt solutions presented in approved documents. A: Structure B: Fire Safety: C: Site Preparation and resistance to contaminants and moisture D: Toxic Substances E: Resistance to passage of sound F: Ventilation G: Sanitation, Hot water safety and water efficiency; H: Drainage and Waste Disposal J: Combiustion appliances and fuel storage systems K: Protection from falling, collision, and impact L: Conservation of fuel and power M: Access to and use of buildings N: Glazing safety (withdrawn) O: Overheating P: Electrical Safety Q: Security R: Physical Infrastructure for high speed electronic communications network S: Infrastructure for charging electrical vehicles, Regulation 7: Materials and workmanship
Building Control
Service carried out to guarantee any new building work aligns with building regulations. Done by reviewing plans and details submitted with an application and then inspecting construction work as it progresses on site.
Planning Permission
Decision by local planning authority if a development should go ahead. Small development projects don’t always have to go through full approval process if they are ‘permitted developments’. Planning controls siting, design, location, layout, land uses and appearance of building.
Building Safety Regulator
Building Safety Act names Health and Safety Executive (HSE) as new Building Safety Regulator in England. Function: oversee safety and standards of all buildings; help built environment industry and professionals improve competence; implement new regulatory framework for high rise buildings. Will regulate high-rise buildings (7 or more storeys or that are 18m or higher). HSD is a staturoy consultee for planning applications and BSR will become building control authority for high rise buildings.
Accountable Person
Building Safety Act Part 4 identities new duty holders for residential high rise buildings. Will have a duty to take reasonable steps to prevent building safety risk happening and reduce serious of an incident if one happens. AP responsible for structure and exterior will be Principal Accountable Person.
Statutory Undertakers
Bodies given statutory powers in relation to functions that are of a ‘public’ character. May have rights to carry out certain works without obtaining normal permission and obligations such as supply of utilities. Public bodies: Post office, environmental Agency Private: railways, electricity supply, gas, water, sewer.
Party Wall Act 1996
Provides framework for preventing or resolving disputes in relation to party walls, party structures, boundary walls and excavations. Anyone intending to carry out work anywhere in England and Wales of the kinds described in Act must give Adjoining Owners notice of their intentions. Works include on an existing wall or structure shared with another property (Section 2); building a free standing wall or a wall of a building up to or astride the boundary with a neighbouring property (Section 1); excavating near a neighboring building (Section 6).
Party Wall
A. If it stands astride the boundary of land belonging to two (or more) different owners. Such a wall is part of one building, separate two (or more) buildings or consists of a ‘party fence wall’. A wall is a ‘party fence wall’ if it is not part of a building and stands astride the boundary line between lands of different owners and is used to separate those lands. This does not include wooden fences.
B. If it stands wholly on one owner’s land but it used by two (or more ) owners to separate their buildings.
NOT Party walls: May include boundary walls (a fence wall/garden wall built wholly on one owner’s land) and external walls (wall of a building built up to but not astride the boundary)
Party Structure
This could be a floor or other structure that separates buildings or parts of buildings with different owners, eg flats.
Party Structure Notice
Notice to be served where owner of property intends to undertake any construction works described in Sections 1,2,6 of Party Walls Act 1996.
Must be served at least two months before date of proposed works to start. Must give description of the works “Give full details of the works you propose to carry out that affect the party structure or the adjacent building.
If special foundations are proposed, section 3(I)(b) then there is a need for plans, sections and details of construction.
In cases that do not involve special foundation you still might wish to include drawings for your neighbour’s benefit if they are available but this is not essential if works are properly described).
Line of Junction Notice
Is an imaginary line that separates the land of adjoining owners. Section 1 of Party Walls Act applies where lands of different owners adjoin and are not built on at the line of junction or are built on at the line of junction only to the extent of a boundary wall. Must be served at least one month before date of proposed works to start. Describe the wall you intend to build – for example height, length materials etc. You might wish to add further information for your neighbour’s benefit or include drawings.
Excavation Notice (3 meter and 6 meter)
Must be served at least one month before date of proposed works to start. Description of excavation and works; drawings (requirement of Act that drawings are provided showing depth of proposed excavation and location of any proposed building or structure. It is also advisable for the drawings to show position of the adjoining building in relation to the excavations); Safeguarding of the Adjoining Owner’s foundations (required to tell Adjoining Owner if intention to underpin or otherwise strengthen or safeguard the foundations of their building/structure). Works under Section 6 1. Excavating within 3m of neighbours building and to a depth lower than bottom of foundation 2. Excavating within 6m of neighbours building, if any part of that excavation intersects with a plane drawn downwards at an angle of 45 degree from the bottom of their foundation, taken at a line level with the fact of their external wall.
Party wall Award
Determines the “right to execute work”; determines the “time and manner” of the work; will include construction details and temporary works; obligation to make good damage; who pays the costs of the Award.
Section 8 of the Party Wall Act 1996
Gives right of access onto a neighbour to undertake works which is covered by the Act.. If wall is built along a boundary no right of access under the Act is provided for future maintenance of that wall is important to design wall to minimize need for maintenance that would require access onto neighbours property.
Grampian Conditions
A condition attached to a planning permission, which prohibits development authorised by the planning permission commencing, or sometimes from being occupied, until a specified action has been taken or achieved, usually on land outside the applicant’s control.
Right of Light
An easement that gives landowner right to receive light through defined apertures (such as windows) in buildings on his or her land. If light through aperture is diminished by a new development to such an extent that it causes nuisance, then property owner may have right to take legal action. Prescribed by common law; lost modern grant; and prescription under the Prescription Act 1832.
Generally, any property having uninterrupted enjoyment of light for more than 20 years acquires rights to light. But that can be defeated if, before the expiry of 20 years, the light is obstructed for one year continuously
Rights of Light Act 1959
Enables landowners to put a stop to prescription for rights to light over their property by registering a notice rather than by setting up a physical obstruction.
Light Obstruction Notice
A light obstruction notice is a local land charge created by the Rights of Light Act 1959. It is registered in part 11 of the local land charges register, and is used to prevent the acquisition of prescriptive rights of light.
Loss of Daylight
The 45-degree rule will be used by the planners as a guide in assessing the acceptability of applications for rear extensions to prevent undue loss of daylight to neighbouring properties, to avoid excessive overshadowing of gardens and preserve a reasonable standard of outlook.The 45-degree rule is assessed on both plan and elevation. An extension should not exceed a line taken at 45 degrees from the centre of the nearest ground floor window of a habitable room in an adjoining property.
Construction (Design and Management) Regulations 2015
Updated April 2015 allowing for distribution of previous duties under CDM 2007 to Principal Designer, Principal Contractor, Client and Designer. The Regulations govern the management of health, safety, wellbeing during the development of a construction project from concept to completion and aim to reduce risk of harm to construction workers and users. Parts: 1. Application of CDM 2015 and definitions 2. Duties of clients for all projects 3. Health and safety duties and roles of other duty holders including Designer, Principal Designers, Principal Contractors, Contractors. 4. General requirements for construction sites 5. Transitional arrangements and revocations. CDM 2020 meant to update but delayed due to Covid.
Pre-Construction Information
Client required to provide pre-construction information as soon as is practicable to every designer and contractor appointed or being considered for appointment. Where there is more than one contractor, PD should provide advice and help compile the pre-construction information. Information about: the project, planning and management of the project, health and safety hazards including design and construction and how they will be addressed, information in any existing health and safety file. Designer much take into account Pre-Construction Information when preparing or modifying designs.
The Health and Safety File
A repository of health and safety information that serves as a legal record, benefiting both clients and end users – from initial construction through use, cleaning, maintenance, alterations and refurbishment, and demolition. PD needs to prepare health and safety file so that at the end of the project the client is in possession of information anyone carrying out subsequent work on the building will need to know to plan and carry out that work safely.
Construction Phase Plan
key document that details the health and safety risks associated with the construction phase of the project and the control measures that will be implemented to minimise risks or where possible, eliminate them
F10 notification
Client responsibility as of 2015 to notify in writing HSE of construction works likely to last more than 30 working days and have more than 20 workers on a site at a point or exceed 500 person days. Regulation 6 of the CDM Regs requirement. Project is ‘notifiable’.
Client (Roles and Responsibilities CDM 2015)
Make suitable arrangements for managing a project and make sure: other duty holders are appointed and that sufficient time and resources are allocated and that relevant information is prepared and provided to other duty holders. The client also ensures the PD and PC carry out their duties and that welfare facilities are provided. Duty of ensuring that the principal designer is provided with all the information on health and safety for the health and safety file.
Designer (Roles and Responsibilities CDM 2015)
An organisation or individual whose work involves preparing or modifying designs for construction projects or arranging or instructing others to do this. Can be architects, consulting engineers, quantity surveyors etc. Their decisions can affect the health and safety of contractors and workers who carry out construction as well as those who use, maintain, repair, clean, refurbish, and demolish building. Applies to all projects.
Principal Contractor (Roles and Responsibilities CDM 2015)
The contractor with control over the construction phase of a project involving more than one contractor. Appointed in writing by the client (commercial or domestic) to plan, manage, monitor, and coordinate health and safety during this phase. Works closely with client and the principal designer in influencing how the risks to health and safety are managed during construction work. Should be appointed by client as early in the project as possible and before the construction phase begins to: allow time to plan the work of the construction phase; record details of any planning in a construction phase plan; work with client for duration of appointment; liaise with principal designer for remainder of appointment.
Principal Designer (Roles and Responsibilities CDM 2015)
A designer who is an organization or individual appointed by the client to take control of the pre-construction phase of any project involving more than one contractor. Need to manage risks to health and safety throughout a project, generate and organize information for health and safety file and hand over at end of commission, organize and ensure circulation of all pre-existing information on project, and liaise with principal contractor to keep them informed of any risks need control during construction phase. On a domestic client project the designer must be PD.
Appointing a Principal Designer: Must be appointed in writing by the client. Role can be given to another designer on this project at any point but there can only be one principal designer at any given time. Role can be combined with other activities such as project management and will assist with integration of health and safety in the project. Should be appointed as early as possible and duration of appointment should take into account any design work which may continue into the construction phase. If PD appointment finishes before end of project, they should fully brief the principal contractor on matters arising from designs relevant to any subsequent construction work and pass on health and safety file.
If Principal Designer is not appointed: Role must be carried out by the designer in control of the pre-construction phase. Has legal duty to review Health and safety file which has information important to enable future construction work to be carried out safely such as cleaning, maintenance, refurbishment, alterations, and eventual demolition.
Regulatory Planning Systems
Prescribe what is controlled by the planning system, what is permitted, conditions, requirements and limites. Sometimes called ‘Zoned System’.
Discretionary Planning Systems
Current UK system (until recent proposed changes), scope of control defined through planning legislation, with legal interpretation provided by judges in courts (case law). The Courts play a significant role in UK planning.
Courts and Tribunals
The Supreme Court est. by Constitutional Reform Act 2005 to replace the Judicial function of the House of Lords and is the final court of appeal for all UK civil and criminal cases in England, Wales and NI / The Judicial Committee of the Privy Council. Final court of appeal for overseas crown territories. / Court of Appeal includes the High Court and the Crown Court, it has two division, Civil Division and Criminal Division. Since 1882 it has been based on the Royal Courts of Justice / The Business and Property Courts / The Technology and Construction Court (QBD)
Types of claims appropriate for Technology and Construction Court: 1. Claims by and against Engineers, Architects, Accountants, Surveyors and other specialist advisers. 2. Claims by and against local Authorities relating to their statutory duties. 3. Adjudication disputes. 4. Environmental claims. 5. Public Procurement. 6. Claims arising out of fires. 7. Challenges to decisions of arbitrators in construction and engineering disputes.
Procurement Statutes
Public Services (Social Value) Act 2012, The Gov. Procurement Act 2001
Statutory Instruments
Concession Contracts Regulations 2016, Public Contracts Regulations 2006 and Utilities Contracts Regulations 2006.
Case Law
The UK’s disrectionary system means the previous rulings of the courts impacts the planning system. The nature of law varies marginally between the systems of England and Wales and those of Scotland and NI. Land law specifically is an area where this varies. Although case law provides a precedent and stable body on which to assess, planning law can be equally shaped through Societal Construction.
Contracts vs. Tort Law
In contract, the rights and obligations are created by the acts of an agreement, in Tort Law, the rights and obligations are created by the courts applying common law. This falls into 3 categories: Negligence, Nuisance, and Trespass.\
Building Notice
A written notice that you intend to carry out building work and does not normally mean you have to submit detailed drawings. More information may be requested by Building Control Surveyor to ensure work is in line with regulations. For Minor Building Works. Can start work 2 days after notice has been submitted to ‘building control body’. Do not get formal approval like with full plans
Planning Appeals
You can make an appeal to the Planning Inspectorate about your planning application if:
* planning permission has been refused;
* planning permission has been granted subject to conditions and the applicant wishes to contest those conditions;
* the council has not issued a decision within the statutory period, which is normally eight weeks from date of submission.
For major projects, you can only appeal if 13 weeks have passed. Examples of a major project include a development with 10 or more dwellings, or a building with floor space of more than 1,000 square metres If your application was refused, or granted with conditions, you can appeal for up to 6 months from the date on your local planning authority’s (LPA) decision letter.
Appeals should be made through the Appeals Casework Portal. After appeal is submitted, it will be validated. There are 3 procedures for handling appeals: written representation, hearings, and inquiries. Planning Inspectorate decides which procedure each appeal will follow.
Certificate of Lawfulness
Legal document stating that lawfulness of past, present, or future building use, operations or other matters. Not the same thing as planning permission. Can be used to help determine if a proposed project qualifies as permitted development.
Permitted Development Rights
Certain types of works without needing to apply for planning permission granted by the Government, not local authority. Rights for common projects for houses do not apply to flats, maisonettes, or other buildings. Commercial properties have different PDR to dwellings. Most PDR are subject to conditions and limitations, including needing to apply to Local Planning Authority for its ‘Prior Approval’. Changes: From August 2021 changes to legislation in few specific circumstances mean what was considered eligible for permitted development will no longer be. In these circumstances, Government implemented provision classifying these as ‘protected development’ to ensure until July 2022 they can continue to be considered eligible for PDR>. Town and Country Planning (general Permitted Development) (England) Order 2015 is principal order.
Pre-Application Enquiry Process
A collaborative process between prospective applicant and other parties which may include local planning authority, statutory and non-statutory consultees, elected members, and local people. Helps improve efficiency and effectiveness of planning application system and improve likelihood of success by providing understanding of relevant planning policies and other material considerations associated proposed development, discuss possible mitigation of impact, identify information required to accompany formal planning, putting in place a Planning Performance Agreement.
Planning Law Ideologies
‘The Ideologies of Planning Law’ McAuslan 1980, hypothesises that over time, different rationales have been advanced to justify the existence of planning law and that as those arguments arise, they gain dominance. The emphasis flows between these main points: Protection of private property : Advancement of public interest : Public participation to assert the rights of the wider public
Local Development Framework (LDF)
Collection of planning documents that delivery the spatiali planning strategy and policies for local area. Introduced under Planning and Compulsory Purchase Act 2004. Comprises a Core Strategy, Site Specific Allocations, Adopted Proposals Map, Action Area Plans, Other Development Plan Documents. Usually updated on 4 year cycles.
Compulsory Purchase Order (CPO)
Legal mechanism by which certain bodies (known as ‘acquiring authorities’) can acquire land without consent of owner. Generally to support delivery of regeneration and infrastructure projects in public interest. Procedures set out in ‘Acquisition of Land Act 1981’, Depending on project, CPO can be granted through orders under the Transport and Works Act 1992, development consent orders under the Planning Act 2008, Hybrid Acts of Parliament.
Neighborhood Plans
Right for communities to shape development in their areas through production of NDP introduced through the Localism Act 2011. Neighbourhood Development Orders and Community Right to Build Orders allow communities to grant planning permission either in full or in outline for the types of development they want to see in their area. They must conform with the strategic policies in the local plan, but take precedence over nonstrategic policies in the local plan.DLUHC provide financial support to groups development these between 2018-2023.
Planning Application
Full / Outline / Reserved Matters. Outline = use or proposed use, amount of development proposed for each use, indicative layout, indication of maximum height, width, length and proposed access to the site. Reserved Matters = Follows an outline application and requires detail of scale, layout, external appearance, means of escape and landscaping.
