SoE Legal/Regulatory Compliance Flashcards
What is supersession?
Supersession is an undefined legal concept which effectively means that a landlord should not claim for the remedy of a tenant’s breach, because the landlord is proposing to do something else to the building which would supersede the need for the tenant to remedy their breach.
Under planning what are the use classes?
Class 1: Shops
Class 2: Financial and professional services (permitted to change to Class 1)
Class 3: Food and Drink (permitted to change to Class 1 & 2)
Class 4: Business
Class 5: General industrial
Class 6: Storage or distribution
Class 7: Hotels and Hostels
Class 8: Residential institutions
Class 9: Houses
Class 10: Non-residential institutions
Class 11: Assembly and leisure
Sui Generis - (in a class of its own) anything not included in the other classes.
When can you serve an interim dilapidation claim?
?? RICS guidance says any time during currency of lease, unless it is just before, at or after expiry when it is a terminal claim.
To any lease longer than 7 years with more than 3 years remaining (other would be terminal)
What does keep in good and substantial repair mean ?
That the building is to be kept in good condition during the course of the lease term. Clients can be protected via a SOC prior to the lease to protect against betterment.
Can you give me some examples of permitted development rights?
Permitted development rights are the right to carry out certain works without planning permission. These rights are contained within the The Town and Country Planning (General Permitted Development) (Scotland) Order 1992.
Examples of works : Extension or alteration of industrial unit or warehouse does not exceed 25% of original floor area or original height Change of use within a permitted use class i.e. class 2 to 1
What types of properties is building regulations not applicable?
Examples (included in Schedule 3):
• Temporary buildings during 12 month period not exceeding 28 consecutive days or total of 60 days
• agricultural buildings single storey
• Stand-alone buildings 8m² (except house or within 1m of boundary etc)
What is the time frame to make an appeal when a planning application is rejected?
3 months
Can you name some BS doc ?
- 459 – Building Lime
- 998 – Mortar
- 8000-12 - Decoration
What is a Certificate of lawfulness?
For the purposes of this Act, uses and operations are lawful at any time if—
(a) no enforcement action may then be taken in respect of them (whether because they did not involve development or require planning permission or because the time for enforcement action has expired or for any other reason), and
(b) they do not constitute a contravention of any of the requirements of any enforcement notice then in force.
Certificates of lawfulness are a way of deciding whether a use or piece of building work is legal or not. Certificates can be given for completed developments or proposed developments.
Applications for certificates of lawfulness are not advertised and there is no requirement to notify neighbours. Any public comments on certificates of lawfulness will only be taken into account if they relate to the legality of the use or development under planning legislation.
What are the types of planning applications ?
- Householder planning consent
- Full planning consent
- Outline planning consent
- Reserved Matters
- Listed building consent
- Advertisement consent
- Lawful Development Certificate (LDC)
- Prior approvals (except the type listed below)
- Removal/variation of conditions
- Approval (Discharge) of conditions
- Consent under Tree Preservation Orders
- Notification of proposed works to trees in conservation areas
- Non-material amendment of an existing planning permission
What is the main act in relation to planning ?
The Town and Country Planning (Scotland) Act 1997
What is the purpose of The Town and Country Planning (Scotland) Act 1997?
Takes account of the policies at national and regional level insofar as they affect the physical and environmental planning of its area; and. Provides the framework for local plans.
What legislation is linked to planning ?
- The Town and Country Planning (Scotland) Act 1997
- The Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 altered the laws on granting of planning permission for building works, notably including those of the listed building system
What laws and regulation do you consider regarding dilapidations ?
- Landlord and Tenant Act 1927
- Dilapidations Protocol
- Jarvis v Harris
What is the case law of Jarvis v Harris ?
What does Jervis V Harris Clause mean? A clause in a lease or tenancy agreement which allows the landlord to serve a notice on a tenant to carry out repairs. Where a tenant fails to do so, the landlord may enter, carry out the works itself and recover the costs from the tenant as a debt.
What is Planning ?
Planning seeks to guide the way our towns, cities and countryside develop. Includes the use of land and buildings and the appearance of buildings etc.
What can happen if you have made changes to your property that require planning permission ?
- The LA can request a retrospective planning application for those works
- If the retrospective planning application is refused. The LA can issue an enforcement notice which require you to put things back as they were.
What is an enforcement notice ?
Enforcement Notices are legal documents that require certain action be taken to remedy a breach of planning control. They are issued where development has taken place without the correct planning permission or outside the conditions of a planning permission.
What are the timescales attached to buildings that have not applied for planning permission ?
????
Can you give me some typical conditions attached to a planning application ?
- The development hereby permitted shall be begun before the expiration of three years from the date of this permission
- The development hereby permitted shall not be carried out other than in complete accordance with the approved plans
What is the definition of unauthorized work ?
Construction work carried out to a listed building without planning permission.
What is an article 4 direction ?
Removal of permitted development rights within a specific area to be defined. This could for example be within a conservation area. This then prompts the requirement to submit the relevant application. The reasons for the directions are normally to prevent development that would harm the character of the area. For this reason, the form of development normally allowed through the Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2011 has been restricted.
What is permitted development ?
Allowing specified works without needing to apply for planning permission, these are specific to the type of property. For example the rights of a residential house will differ to a commercial property.
What legislation does it fall under ?
The Town and Country Planning (General Permitted Development) (Scotland) Order 1992
Do it apply to everywhere (The Town and Country Planning (General Permitted Development ) Order 2015) ?
No, areas can be removed under an ‘ Article 4 Direction’’
Can you give me some examples of works that fall within and outside of permitted development ?
- Small extension
- Loft conversion
- Garage conversion
- Porch
- Roof lights not facing highway etc.
What is the aim of permitted development ?
Permitted development rights are a national grant of planning permission which allow certain building works and changes of use to be carried out without having to make a planning application. Permitted development rights are subject to conditions and limitations to control impacts and to protect local amenity.
What are the advantages of permitted development ?
Faster timescales, if your works fall within the parameters you are not at the mercy of the planning department and or committee
What is S106 notice ?
S106 of the Town and Country planning act provides that the local authority can enter into an agreement with a developer to restrict the development of land. It allows the LA to ensure that certain criteria will be met in order to approve a development. (compulsory purchase)
Give some examples of work where planning permission is required ?
- New build construction on a vacant site
- New build extension that is not permitted development
- Change of use that is not permitted change of use
- Work to a building in a conservation area
What recourse if it would have been rejected (planning) ?
If there were grounds for appeal, a statement with the reasons of appeal with evidence can be submitted to the courts or secretary of state within 6 months of decision.
What is NPPF?
National Planning Policy Framework - Sets out government planning policies for England and how they should be applied. Published on 27th March 2012. Implemented to make the planning system less complex and more accessible and protect the environment. NPPF updated in 2018 with minor amendments in 2019.
Types of planning application ?
• Householder planning consent This form should be used for proposals to alter or enlarge a single house, including works within the boundary/garden of a house. It should be used for projects such as: – Extensions – Conservatories – Loft conversions – Dormer windows – Garages, car ports and outbuildings
• Full planning consent;
You should use this application form to make a detailed planning application for development, excluding householder developments. For the purposes of this form, development includes building, engineering or other works, in, on, over or under land, or the making of any material change in the use of any buildings or other land. As such it should be used for:
– Any works relating to a flat
– Applications to change the number of dwellings (flat conversions, building a separate house in the garden)
– Changes of use to part or all of the property to non-residential (including business) uses
– Anything outside the garden of the property (including stables if in a separate paddock)
• Outline planning consent
Applications for outline planning permission seek to establish whether the scale and nature of a proposed development would be acceptable to the local planning authority, before a fully detailed proposal is put forward.
This type of planning application allows fewer details about the proposal to be submitted. Once outline permission has been granted, you will need to ask for approval of the details (“reserved matters”) before work can start.
• Reserved Matters
Where outline permission has been granted, you may, within three years of the outline approval, make an application for the outstanding reserved matters, i.e. the information excluded from the initial outline planning application. This will typically include information about the layout, access, scale and appearance of the development.
• Advertisement consent This form should be used for proposals to display an advertisement or sign which requires planning permission. The term advertisement covers a very wide range of advertisements and signs including: – Posters and notices – Placards and boards – Fascia signs and projecting signs – Pole signs and canopy signs – Models and devices – Advance signs and directional signs
Give me some examples of the key duty holders of the CDM regulations.
- Client
- Principal designer
- Principal contractor
