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Construction Law > UK Legal System > Flashcards

UK Legal System Flashcards

1
Q

what is legislation?

A

Legislation is the process in which Parliament makes new laws. Bill is proposed legislation. Act must be passed by the House of Commons and The House of Lords. The role of the Courts is to interpret the legislation.

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2
Q

what are the primary legislation?

A

Acts, Church of England Measures, Prerogative Instruments

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3
Q

what are the secondary legislation?

A

Under authority of Parliament, ie regulation (building regulations)

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4
Q

what is the building act?

A

Building Act 1984: Secure health, safety, welfare persons in or about buildings, further conserve fuel
and power, further detections of crime, prevent waste undue consumption or misuse of water,
further protection of environment, facilitate sustainable dev., regs design, construct, demolition,prov., services.

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5
Q

what is the legal status of the Building Regulations 2010?

A

Building Act 1984 grant perm SofS to make BR

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6
Q

what is the process for Building Control?

A

To abide to the Building Regulations.1) Full plans app: submitted before construction for Approval. (LA 35 days for approval) 2) Plans for Conditional Approval. 3) Serving Building Notice – Notice given before the work commences on site. Private. Approved Inspectors‐ Building (Approved Inspectors) Regulation 2010. Approved inspectors can serve notice, but can be rejected by LA within 10days.

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7
Q

what is Building Regulation Part A?

A

Structure

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8
Q

what is Building Regulation Part B?

A

Fire Safety (V1: Dwellings, V2: Non-Dwellings)

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9
Q

what is Building Regulation Part C?

A

Site prep & resist to contaminates & moisture

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10
Q

what is Building Regulation Part D?

A

Toxic substances

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11
Q

what is Building Regulation Part E?

A

Resistance to sound

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12
Q

what is Building Regulation Part F?

A

Ventilation

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13
Q

what is Building Regulation Part G?

A

Sanitation

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14
Q

what is Building Regulation Part H?

A

Drainage and waste

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15
Q

what is Building Regulation Part J?

A

Combustion and fuel

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16
Q

what is Building Regulation Part K?

A

Protection from falling (2013)

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17
Q

what is Building Regulation Part L?

A

Conservation fuel and power (L1A: new dwelling, L 1B: existing dwelling, L2A: new non-dwelling, L2B: existing non-dwelling)

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18
Q

what are the mandatory aspect of Building Regulation Part L?

A

2010, 25% reduction(comp 2006) in carbon emissions for all building types. Worst case air tightness 10m³/h/m²@ 50pascals, Reductions Hotel 16%, Retail 12%, SMarkets 26% Dep Plan Office 26% Schools 27%. Mandatory req for design stage CO² emission TER to submit to LA. Target Emission Rate (TER) Building Emissions Rate (BER)

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19
Q

what is Building Regulation Part M?

A

Access

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20
Q

what is the Building Regulation Part N?

A

Glazing

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21
Q

what is Building Regulation Part P?

A

Electrical

22
Q

what is Building Regulation Part 7?

A

Workmanship

23
Q

what buildings are exempt from the Building Regulations?

A

Non‐habitable independent building, temp building (less than 28days), ancillary buildings construction site buildings.

24
Q

what is the Housing Grant Construction and Regeneration Act 1996?

A

The aim of the Act is to improve payment and less costly dispute resolution for adjudication. The Act has been amended by LEDC. P1: grants and payments private housing – P2: specific prov in const. industry inc. adjudication –P3: reg matters ARB (repealed Arch. Act 1997) –P4:grants for regeneration, development and relocation –P5: Housing grants, energy efficiency schemes
and dissolution of urban develp corps, housing action trusts and commissions.

25
Q

what does LEDC stand for?

A

The Local, Economic Development and Construction Act 2009

26
Q

what is SAP?

A

Standard Assessment Procedure for Energy Rating of Dwellings – (no greater than 450m² ‐ used to demonstrate Part L compliance TER, expressed in CO² units per kg/m².house size and material composition, solar gain, use but location is not a factor).

27
Q

what is SBEM?

A

Simplified Building Energy Model – (BRE non‐dwellings or dwelling in excess of 450m², TER and BER).

28
Q

what is BREEAM?

A

Building Research Establishment Energy Assessment Method – (BRE used on standard building types edu, retail, offices,healthcare multi‐residential, market recognition not statutory)

29
Q

what is LEED?

A

Leadership in Energy and Environmental Design – (US but growing UK, not statutory) LEED is international non‐trained assessors, accredited
professionals role help gather info to US‐GBC

30
Q

what is DDA?

A

Disability Discrimination Act 1995/2005 and superseded by the Equality Act 2010?

31
Q

what is a CDMC?

A

CDM-Coordinator. anyone can be coordinator provided that the reqs., Approved Code
of Practice. Criminal to contravene CDM regs. Magistrate then Crown Court.

32
Q

what is P1 of the CDM Regulations 2007?

A

Interpretation and application

33
Q

what is P2 to the CDM Regulation 2007?

A

gen manage duties to construction, inc. non‐notifiable

34
Q

what is P3 to the CDM Regulation 2007?

A

additional manag duties for notifiable projects

35
Q

what is Notifiable in the CDM regulations 2007

A

30 days or 500 working hours

36
Q

what is P4 to the CDM Regulation 2007?

A

applies to construct work on site

37
Q

what is P5 to the CDM Regulation 2007?

A

civil liabilities

38
Q

what are the responsibilities of the CDMC?

A

Advice the client choosing competent designers and contractors – identify what info needed by designers & contractors – ensure that PC H&S Plan – notify HSE – advise suit construction phases – prepare H&S file. HSE must be notified by CDMC F10 form for Notifiable Projects.

39
Q

what is exempt from the CDM Regulations?

A

Marquees, tree planting, lightweight moveable partitions, off‐site manufacture, offshore rigs.

40
Q

what are the client’s responsibilities under the CDM Regulations?

A

App. CDMC, provide CDMC with relevant H&S, ensure that const does not start until the principle contractor has Construction Phase H&S Plan, ensure that CDMC has H&S info for H&S File.

41
Q

what are the Designer duties under the CDM Regulations?

A

Ensure that the client are aware of their duties, ensure that a CDMC has been appointed, design to eliminate hazards & reduce health safety to construction and maintenance, at the workplace, info for H&S to assist client contractors and other designers, pass on info to the CDMC, and co‐op with CDMC.

42
Q

what are the Contractor’s duties under the CDM Regulations?

A

develop and H&S Plan, arrange competent and
resources sub‐contractors with H&S Law, ensure co‐ord & co‐op contractors, obtain contractors risk
assessment, ensure on‐site training, ensure rules in the H&SPlan, monitor H&S, place on display HSE notification, pass on info to CDMC for H&S File?

43
Q

what is a Health and Safety Work Act 1974?

A

under the Act, adequate instruction, training and supervision must be given for the purposes of safety

44
Q

what is the Regulation Reform (Fire Safety) Order 2005?

A

Any premises in which persons are employed must be subject to risk assessment. Principles are listed in Management of Health and Safety at Work Regulations 1999. When 5 or more employees must be recorded in writing carried out by the who is in control of the premises– carry out risk assessment – who is at risk – reduce risk –provide fire precautions – implement special precautions for flammables – emergency plan – review and monitor safety.

45
Q

what is the Climate Change Act 2008?

A

reduce 80% greenhouse gas emissions by 2050. Act sets out the Carbon Reduction Commitment Energy Efficiency Scheme and is admin by Environmental Agency.

46
Q

what is the Climate Change and Sustainable Energy Act 2006?

A

promoting micro‐generation ie heat from renewable
sources and LGov improve energy efficiency, reduce greenhouse emissions and alleviate fuel
poverty.

47
Q

what is the Clean Neighbourhoods and Environmental Act 2005?

A

tackle poor envir and anti‐social.

48
Q

what is Sustainable and Secure Buildings Acts 2004?

A

improves sustainability on BAct 1984. – Conserve fuel & power – sustain development ‐ prevent waste water – encourages life cycle – imposes sust. requirements on existing buildings.

49
Q

what is The Energy Performance of Building Directive 2002/91/EC and Energy Performance of Buildings (Certificates and Inspectors) (England and Wales) Regulations 2007?

A

Directive promotes energy efficiency – section 16 display of Energy Certificate is req total
floor area over 1000m² occupied by public authorities and institutions providing public services.

50
Q

What is Building Control?

A

To abide to the Building Regulations

Construction Law (2 decks)

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