Legal and Statutory 3

Question 1

Allendale Road: What part of the Building Regulartions did you advise?

Answer 1

A - Appointed an SE.

B - Fire measures

K - Handrails 1100mm minimum

L2B: Their was a requirement to upgrade the thermal insulation to each roof as proposals were classed as renovation of a thermal element and exceeded 50% of each component area and/or exceeded 25% of the element (i.e. roof).

M - Access to the terraces

Question 2

Allendale Road: What u-value was achieved?

Answer 2

0.18 in accordance with L2B.

Question 3

Allendale Road: What were the cost implications of the thermal insulation?

Answer 3

There was an additional cost of approximately £30m2.

Question 4

Allendale Road: What other parts of statute did you consider (not building regulations)?

Answer 4

I considered the below which weren’t applicable:
Party Wall

I consider the below which were applicable:
CDM
CAR 2012
Planning

Question 5

Allendale Road: What were the consequences of non-compliance with the Building Regulations?

Answer 5

Section 35 Notice - Local authority may prosecute them in the Magistrates Court where an unlimited time may be imposed and such prosecution is possible up to two years after completion of such offending work

Section 36 Notice - Local authority can have the building demolished or altered, which is possible from complete till 12months after. The local authority has the power to undertake the work itself and recover the costs of doing so from the owner.

Wouldn’t have obtained building control consent/cert therefore could affect the sale of the property in the future.

Bad CSR for the council

Question 6

Allendale Road: What insulation did you propose?

Answer 6

I proposed a tapered rigid phenolic insulation.

A wool would not have been suitable for the proposed warm roof system.

Question 7

Allendale Road: What was the schemes budget?

Answer 7

£700K

Question 8

St Marys Chare: What would you have done if your client didn’t want an Asbestos Survey carrying out?

Answer 8

I would have reminded them of their duties under Regulation 4 of CAR 2012 and strongly recommend they have one undertaken.

If they refused and I was in a position to manage the instruction I would have had to refuse the instruction as:

• I was the duty holder alongside the Landlord and would have been in breach of the regulation 4.
• I would not not be able to manage the building properly as I would not have been able to do maintenance.
• Bad CSR for RICS, my firm and myself.

Breach of HASAWA, Companies Act etc.

Question 9

St Marys Chare: What would have been the consequences of non-compliance under CAR 2012?

Answer 9

Magistrates and lower courts are up to £20,000 and imprisoned.

Crown court is an unlimited fine and/or imprisonment for up to two years.

In addition, employees may be liable for substantial damages claims under civil law, and managers may be permanently disqualified from being directors of any company. This could fall under the Companies Act 2006.

Could have caused death to an operative.

Question 10

St Marys Chare: Why did you use a UKAS accredited Asbestos Surveyor?

Answer 10

The HSE recommend UKAS as their chosen body for Asbestos and therefore UKAS Surveyors must be competent in what they do.

Similar to Howdens PI for RICS PI cover.

Question 11

St Marys Chare: What were the Landlord’s obligations under CAR 2012 Section 4?

Answer 11

Regulation 4 of CAR requires the duty holder to produce, use and maintain the plan to manage ACMs that are known or might reasonably be suspected to be in their demise.

Question 12

St Marys Chare: What’s the difference between a Management Survey and R+D?

Answer 12

R+D = More targets in relation to the area of refurbishment or demolition, more invasive approach. Provides recommendations.

Management = Covers entire building for general activities, less intrusive, provides recommendations.

Question 13

St Marys Chare: How did you identify there was no Asbestos Plan?

Answer 13

I reviewed the Building File before an inspection established there was one missing.

I initially spoke with the Landlord and colleagues and noted there was one missing.

Question 14

St Marys Chare: What sections of CAR 2012 did you advise and why?

Answer 14

Regulation 4 - Requirement to provide information, use and manage that information.

Regulation 5 - Cannot assume a material isn’t an ACM if cannot be proven otherwise.

Question 15

St Marys Chare: Was there any Asbestos found?

Answer 15

No.

Question 16

Allendale Road: What do you mean by prosecution? And whats the timescales?

Answer 16

To be held account to for something by a trial. Can be prosecuted within 24 months of executing work. After this cannot be prosecuted.

Can be asked to alter the work within 12 months after completion.

Question 17

Allendale Road: Why bad publicity?

Answer 17

Because the client was the Local Authority.

Question 18

Allendale Road: How could the client be required to remove or alter the installation and what would be their time frames? (what is this called?)

Answer 18

Section 36 notice - Must remove/alter the works has a 12 months period from completing the works.

Section 35 notice - Prosecution, fines and imprisonment has a 24 month period from completing the works.

Question 19

What is a material alteration?

Answer 19

A material alteration is when the building does not comply with one of the ‘Relevant Requirements’ following the works where it previously did. I.e. making a worse situation.

The relevant requirements under the statement within the B Regs includes Part A, B and M.