19. Legal and Regulatory Compliance

Question 1

What is importance of the Control of Asbestos Regulations 2012 and what is included?

Answer 1

1) Implemented to protect workers from the risks associated with exposure to asbestos.

2) Duty holders have a legal responsibility to manage the risks associated with asbestos containing materials in their premises.

They have a duty to:

• Find out if there is any asbestos and locations
• Keep an up to date record
• Assess the risk of asbestos and exposure
• Plan in place to manage the risk
• Management plan in place to inform all visitors

Question 2

What is the importance of the Health and Safety at Work Act 1974?

Answer 2

1) Introduced to provide a legal framework to promote, stimulate and encourage high standards.

2) Duties and responsibilities for both employers and employees. Breach can lead to a criminal offence

Employers:
- Maintain safe systems of work
- Provide information, instruction and training
- Provide and maintain a safe working environment and adequate welfare

Employees:
- Take reasonable care of themselves and other who may be affected by their acts
- To use work equipment in accordance with instructions

Question 3

What is the importance of the Construction (Design and Management) Regulations 2015?

Answer 3

CDM Regulations are legal requirements for managing the health, safety and welfare of construction projects.

They apply to all building and construction works

They help to prevent construction accidents and fatalities by planning and controlling risks from the start. This is done by:

1) Having the right people for the right job.
2) Cooperating and coordinating work with others

Question 4

What are the clients responsibilities under CDM?

Answer 4

1) Make suitable arrangements for ensuring other duty holders are appointed as appropriate.

2) The principal designer and principal contractor carry out their duties.

3) To ensure welfare facilities are provided.

4) Provide the PCI.

Question 5

What are the principal designers responsibilities under CDM?

Answer 5

1) To plan, manage, monitor and coordinate health and safety in the pre-construction phase of a project.

2) To identify, eliminate or control foreseeable risks.

3) Ensuring designers carry out their duties.

4) Liaise with the principal contractor to plan, manage, monitor and coordinate the construction phase.

Question 6

What are the principal contractors responsibilities under CDM?

Answer 6

1) To plan, manage, monitor and coordinate health and safety in the construction phase of the project.

2) Liaise with the principal designer and client.

3) Prepare the construction phase plan.

4) Suitable site inductions, welfare facilities provided etc.

Question 7

What is an F10 form?

Answer 7

Clients are required to inform the Health and Safety Executive (HSE) if a project is notifiable. A project is notifiable if construction work is expected to:

1) Last longer than 30 working days AND have more than 20 working at the same point at any time of a project; or

2) Exceed 500 person days.

Question 8

What is a Construction Phase Plan?

Answer 8

It should highlight the main health and safety concerns associated with the project. It should cover site rules and procedures to minimise or eliminate risk.

It will include:
1) Project description
2) Management of the work
3) Arrangements for controlling site risks.

Question 9

What are dilapidations?

Answer 9

These are breaches of the lease due to the condition of the property being leased either during or after the lease has expired. This could be down to several factors such as mistreatment or poor maintenance.

Question 10

What is the process involved in dilapidations?

• Reference the RICS guidance note on Dilapidations in England and Wales, 7th Edition.

Answer 10

If dilapidation works are not carried out by the end of the lease, the landlord may claim damage which is worked out in the form of a ‘quantified demand’. This sets out the details of the landlords losses caused by dilapidations. The landlord cannot profit from the claim.

A period of negotiation may follow between the tenant and landlord in an attempt to agree a settlement figure.

Question 11

What is the Dilapidations ‘Pre-action protocol’?

Answer 11

The dilapidations ‘pre-action protocol’ is a process or timeline for exchanging information and establishing standard for the context and quality of schedule of dilapidations and quantified demands.

Pre-action protocol

• Notify the tenant of the breach
• Prepare a schedule of dilapidations
• Compile the quantity demand
• Tenant then responds which forms a Scott Schedule
• Review or settle via negotiation

Question 12

What considerations should be considered during a dilapidations process?

Answer 12

-Break clauses need to be considered
-A surveyor will undertake a schedule of dilapidations
-A Scott Schedule is a document used in litigation or arbitration and highlights the key differences between each party on an item by item basis.
-Section 18 (1) of the Landlord and Tenant 1927
-It is worth considering different remedies including:
Damages
Forfeiture
Landlord undertakes the work
Tenant undertakes the work
Tenant set off
Frustration

Question 13

What key points did you note from the RICS guidance note on Party Wall Legislation and Procedure, 7th Edition?

Answer 13

Party Wall etc. Act 1996 provides a statutory framework.

This gains the owner of a building who shares a boundary with a neighbour the right to undertake works. There are different types of notices depending on the work.

Question 14

What are the different types of notices under Party Wall etc. Act 1996?

Answer 14

Section 1 - New boundary wall
Section 2 - Existing party structure
Section 6 - Excavations adjacent - Falls into two categories:
* The three metre notice.
*The six metre notice - Within a distance of 6 metres measured horizontally OR 6 metres at an angle of 45 degrees to the horizontal from the line formed by the intersection.

The person undertaking the work issues the notice.

Question 15

What structures are covered by the Party Wall etc. Act 1996?

Answer 15

• A party wall (wall constructed over the boundary of two buildings)
• A party fence (a freestanding wall constructed over both boundaries of land)
• A party structure (party walls, floors, ceilings and internal partitions)

Question 16

What is the process of the Party Wall etc Act 1996?

Answer 16

Initial response to being served a notice

1) If the adjacent building owner fails to respond to the notice for Section 1 or 2 within 14 days then the building owner may proceed but only build on their land.

2) If the adjacent building owner fails to respond to the notice for Section 6 within 14 days then it is deemed as dissent.

Thereafter

1) The adjacent building owner can serve a counter notice within 1 month of the first notice. This can include items or details they would like to add.

If they disagree

1) A survey will need to be appointed to resolve and make a Party Wall award. This can be a joint survey or two separate surveyors. A third surveyor can be appointed if both surveyors do not agree. Section 10 of the Act deals with service of a third surveyor’s award.

Once a Party Wall has been agreed, it is binding. It may determine:
- The right to execute any work
- The time and manner of executing it
- Another other matters including costs

Question 17

Additional information on Party Wall etc. Act 1996

Answer 17

• Party Wall surveyor should be appointed 3 months before the proposed building works take place.
• Building Owner (person who wants the work done) usually pays for the cost of the Party Wall surveyor.
• Third surveyor fees usually fall onto the party who is adjudged to be a fault.
  -You can challenge an award and appeal via the County Court.

Question 18

What is the Pre-Construction Information document?

Answer 18

Pre construction information involves collecting, collating, and communication relevant health and safety information before construction work begins. The aim is to ensure all parties involved understand the risks and hazards associated with the work, enabling them to take steps to protect themselves and others.

Question 19

What is included in a Pre-Construction Information document?

Answer 19

1) Information about the project
2) Planning and management of the project
3) Health and Safety hazards, including design and construction hazards and how they will be addressed
4) Any previous health and safety files

Question 20

What is the Building Safety Act 2022 and how does this aim to reform the building safety legislation?

Answer 20

Recommended by the Hackitt report (2018) following the Grenfell Tower disaster. Came into law from 1st October 2023.

Key takeaways:
*Focuses on the safety and standards of all buildings
*Assuring the safety of higher-risk buildings, both in construction and occupation
*Improving the competence of the people responsible for overseeing, managing and delivering works to higher-risk buildings
*Ensuring clearer standards and guidance
*Putting residents at the heart of a new system of building safety
*Parts of the Act will have implications for ALL buildings as it will make the BSR responsible for the performance of the building control sector to ensure standards are met.

Question 21

What are the key points from the Building Safety Act 2022?

Answer 21

1) Duty holder responsibilities - Including client, PC and PD involved in a construction project. All duty holders have a duty to plan, manage and monitor the works to comply with building regulations, design appropriately and communicate and cooperate.

2) Introduction of a new Building Control system ‘the Building Safety Regulation (BSR)’ which is the HSE for all new high-rise buildings.

3) The golden thread of information - Building information must be kept securely, kept digitally, available when the person needs the information, presented in a way that people can use.

4) Registration for new high rise residential buildings - High-rise residential building of 18 metres or more in height or at least seven storeys tall, with two or more residential units must have been registered with the BSR.

5) Building Safety Levy - Aims to generate £3billion over a decade to prevent the public and leaseholders from bearing the safety deficiencies like unsafe cladding. Developers are responsible for paying the levy.

Question 22

Two new roles from the Building Safety Act 2022

Answer 22

1) Introduction of the Building Safety Regulator
- Oversee the safety and performance system for all buildings.
- Encourage increased competence by setting the direction of an industry led competence committee.
-Lead the implementation of the new regulatory regime for higher-risk buildings

2) Accountable Person
- This is the building owner. They will have an ongoing duty to assess building safety risks and provide a ‘Safety Case Report’ to demonstrate how building safety risks are being identified, mitigated and managed on an ongoing basis.

Question 23

What is exempt from high-rise residential buildings?

Answer 23

1) Hospitals
2) Hotels
3) Basement floors are not considered as part of the 18 meters.

Question 24

What is the latest update from the Building Safety Act 2022?

Answer 24

From 1st April 2024

• Deadline for registering as Building Control Approvers and Building Inspectors
• Building control bodes and professionals msut follow mandatory codes and standards for building control.

-The introduction of a gateway system, under which the BSR will assess whether risks, roles, and responsibilities are understood at different stages of construction.

Question 25

Maidstone to Causton -

Question 26

Maidstone to Causton -

Question 27

Maidstone to Causton -

Question 28

Maidstone to Causton - What documents did you use when specifying the ACC WC?

Answer 28

1) Approved Doc M - Access to and use of Buildings
2) BB104 - ‘Area guideline for SEND and alternative provisions’
3) BS6564 - Sanitary installations
4) Technical Annex 2A: Sanitaryware

Question 29

Maidstone to Causton -