Legal and Reglatory compliance

Question 1

What is CDM

Answer 1

Secondry legislation under HASWA the construction design management regulation originally published in 1994 following the publication of a european directive, updated in 2007 and most recently in 2015.

The aim of CDM is to ensure health & safety is considered throughout the entire project process, from conception all the way through the maintenance and demolition.

Question 2

Who are the duty holders under CDM

Answer 2

Client,
Principle Designers,
Designers,
Principle Contractors,
Contractors,
Workers.

Question 3

What are the clients duties under CDM

Answer 3

Ensure that duty holders are appointed,
Ensure welfare facilities are provided,
Ensure sufficent time and resources are allocated.

Question 4

What are the Principle designers duties under CDM

Answer 4

Inform the client of their CDM duties,
Planning, managing and monitoring health and safety in the pre-construction phase,
Liase with the principle contractor to help in the coordiination of the construction phase.

Question 5

What are the Designers duties under CDM

Answer 5

Ensure that they have the necessary skills, knowlage and experties,
Cooperating with others in the project team,
Reduce risks as much as reasonably practicable where they cannot be eliminated.

Question 6

What are the Principle Contractor duties under CDM

Answer 6

Planning, Managing and Monitoring of the construction phase,
Coordinating the work of the contractors,
Pass on any information that relevant to the health and safety file to the principle designer.

Question 7

What are the Contractor duties under CDM

Answer 7

Planning, Managing and Monitoring of construction work under their control,
Cooperating with other duty holders,
Establishing whether health and safety training in necessary for any worker.

Question 8

When is a project notifiable under CDM

Answer 8

When the project lasts for longer than 30 working days with atleast 20 workers working simultaniously or exceeding 500 person days. At this point the client has a duty to complete an f10.

Question 9

What are the consequences of failing to comply with building regulations.

Answer 9

Failure to comply with the requirements of the Building Regulations can result in formal enforcement action being instigated under the provisions of section 35 and 36 of the Building Act 1984.

no completion/final certificate will be issued if there is no building regulation sign off this will appear on a land search preventing the sale of the property.

Question 10

What is section 35 of the Building Act 1984

Answer 10

Section 35 - breach of building regulations - If there is a breach a person is liable on summary conviction of a magistrates court to a fine not exceeding level five (currently £5,000.00) and a further fine not exceeding £50.00 for each day the default continues after conviction.

Question 11

What is section 36 of the Building Act 1984

Answer 11

Section 36 - removal or alteration of offending work - Without prejudice by notice, require that the owner of the property; pulls down or removes the work or if the owner so elects, to effect such alterations to make it comply with the regulation.

Question 12

What is section 37 of the Building Act 1984

Answer 12

Section 37 - obtaining a report where a section 36 notice is given - The person upon whom a section 36 notice has been given, may by notice to the local authority within 28 days or longer if allowed for by the magistrates court.

Question 13

What are the consequences of failing to comply with planning

Answer 13

Enforcement notice - An enforcement notice is a legal document that can be issued when there has been a breach of planning control. a breach is defined in the Town and Country Planning Act 1990 as development carried out without the proper planning permission, or failure to comply with a condition or limitation on permitted development rights.

Question 14

What are the consequencesof failing to comply with an enforcement notice

Answer 14

The issuing of an enforcement notice is followed by a period for compliance during which the recipient must either comply with the notice or lodge an appeal. Where the compliance period is ignored planning authorities can apply for Confiscation Orders to recover any financial benefit obtained through the development which was unauthorised.The authority also has the power to enter land to carry out the notice requirements themselves.

Question 15

What did the case Wokingham Borough Council v Scott demonstrate

Answer 15

Wokingham Borough Council v Scott demonstrated that enforcement notices were issued but not complied with resulting in injunctions and the dwellings being demolished

Question 16

What does and enforcement notice contain

Answer 16

The notice should detail the following:

• What the breach is.
• The remedies that are required or the activities that must cease.
• How to appeal against the notice.

Question 17

What are some primary forms of enviromental legislation

Answer 17

Environmental Protection Act 1990
Energy act of 2011
Wildlife and Countryside Act 1981
Clean Air Act 1993

When undertaking construction works a construction environmental management plan this often demonstrate complicane with current enviromental Acts, Orders, Regulations and Policy.

Question 18

What is the Enviromental Protection Act 1990

Answer 18

Environmental Protection Act 1990 - made up of seven parts;

Part I: Establishes the regulations for setting the limits on emissions,

Part II: Sets out regulations regarding the controlled disposal of household, industrial and commercial waste on land,

Part III: Defines a class of statutory nuisances for which local authorities can require remedial action.

Part IV: Defines criminal offences concerning litter,

Part V: Amends the Radioactive Substances Act 1960,

Part VI: Defines statutory notification and risk assessment procedures relating to genetically modified organisms and

Part VII: Establishes new organisations.
.

Question 19

What is the Energy act of 2011

Answer 19

Energy act of 2011 - The Act includes key provisions relating to; The Green Deal, The private rented sector, The Energy Company Obligation.

Question 20

What is the Wildlife and Countryside Act 1981

Answer 20

Wildlife and Countryside Act 1981 - Is the predominant piece of nature conservation and wildlife protection legislation in Great Britain. The act is divided into four sections; Part I: Protection of wildlife, Part II: Countryside and national parks’ Part III: Public rights of way, Part IV: Miscellaneous.

Question 21

What is the Clean Air Act 1993

Answer 21

Part I: Dark Smoke, Part II: Smoke, grit, dust and fumes, Part III: Smoke control areas, Part IV: Control of certain forms of air pollution, Part V: Information about air pollution, Part VI Special Cases, Part VII Miscellaneous and general.

Question 22

What are some secondary forms of enviromental legislation

Answer 22

Contaminated Land Regulations
Control of Asbestos Regulations 2012
Control of Noise
Control of Substances Hazardous to Health 2002
Environmental Permitting 2016
Environmental Protection Act 1990
Hazardous Waste Regulations 2005
Town and Country Planning Regulations 2012
Waste Management Licensing Regulations 1994

Question 23

What are some enviromental policies.

Answer 23

The Waste Management Plan for England, 
Green Deal, 
Renewable heat incentive, 
Feed-in tariff, 
CRC Energy Efficiency Scheme,

Question 24

What is the Green Deal

Answer 24

Green Deal - The Energy Act 2011 included provisions for the ‘Green Deal’, a Department of Energy and Climate Change (DECC) initiative offering a mechanism for funding energy efficiency improvements.

Question 25

What is the Renewable Heat Incentive

Answer 25

Renewable heat incentive - was launched by the UK government in November 2011 to help reduce greenhouse gas emissions and meet targets to reduce the effects of climate change.

Question 26

What is the feed in tariff

Answer 26

Feed-in tariff - A feed-in tariff is when payments are given by energy suppliers if a property or organisation generates their own electricity using technology such as solar panels or wind turbines. It closed to new applicants on March 31, 2019.

Question 27

What are some acts that are relevant to Landlord and Tenant

Answer 27

``` Landlord and Tenant Act 1985, Commonhold and Leasehold Reform Act 2002, Rent Act 1977, Housing Act 1988, Tenant Fees Act 2019, ```

Question 28

What is the Landlord and Tenant Act 1985

Answer 28

Landlord and Tenant Act 1985, sets bare minimum standards in tenants' rights against their landlords; sections are as follows; Sections 1 to 3A - require that landlords give basic information to tenants regarding their identity. Sections 8 to 10 - the property will be fit for human habitation. Sections 11 to 17 - place mandatory duties on landlords to repair properties. Sections 18 to 30 - limit any "service charges" that a landlord can charge a tenant. Section 27 - tenant's notice to terminate Sections 36 to 39 - contain definitions.

Question 29

What is a section 27 notice

Answer 29

If the tenant does not want the tenancy to continue, it can serve a notice on the landlord under section 27(1). If the tenancy is already continuing under section 24 of the LTA 1954, the tenant can serve a notice to bring the tenancy to an end under section 27(2).

Question 30

What is the Commonhold and Leasehold Reform Act 2002

Answer 30

Commonhold and Leasehold Reform Act 2002 - is an Act of the Parliament of the United Kingdom. It introduced commonholds, a new way of owning land similar to condominiums, into English and Welsh law.

Question 31

What is the Rent Act 1977

Answer 31

Rent Act 1977 - protects tenants of residential property by preventing landlords charging them unfair rents and by giving them the right to remain in occupation of a property even after the contract term of the tenancy has ended.

Question 32

What is the Housing Act 1988

Answer 32

Housing Act 1988 - governs the law between landlords and tenants. The Act introduced the concepts of assured tenancy and assured shorthold tenancy. It also facilitated the transfer of council housing to not-for-profit housing associations.

Question 33

What is the Tenant Fees Act 2019

Answer 33

Tenant Fees Act 2019 - prohibiting landlords and agents from charging any fees to tenants, other than those 'permitted' by the Act

Question 34

What is a licence to alter

Answer 34

Depending on the conditions of the lease and the nature of the alterations it is likely that a licence to alter will be required from the landlord giving the leaseholder permission to carry out the alterations.

Question 35

What is required within a licence to alter

Answer 35

- A description of the works. - The programme for the works. - Drawings showing the existing and proposed layout. - Structural drawings and calculations. - Building services drawings. - Specifications. - Risk assessments and method statements. - A copy of the F10 notification. - Evidence of insurances. - Evidence of necessary planning permission, buildings regulations permission and other statutory approvals

Question 36

What works typically do not require a licence to alter

Answer 36

Minor changes that might be permitted without the permission of the landlord could include; putting up shelves, redecorating, laying new carpets, and so on.

Question 37

What works typically do require a licence to alter

Answer 37

Typically, works that require a licence might include altering; the structure, building services, internal walls or doors, external windows, e.c.t

Question 38

Can a landlord reject a licence to alter

Answer 38

The Landlord and Tenant Acts require that permission is not unreasonably withheld, and in some situations, alterations which are necessary to comply with statutory requirements, cannot be withheld.

Question 39

What is betterment

Answer 39

Betterment is an improvement that adds the value to a property or facility. Betterment is a topic of particular relevance to defective building works and involves consideration of both measure of damages and mitigation.

Question 40

What is the case Harbutts Plasticine Limited v Wayne Tank & Pump Co Limited (1970)

Answer 40

plaintiffs were not required to give credit under the heading of betterment merely because they had replaced an old building with a new one of modern design.

Question 41

What are betterment repairs

Answer 41

Generally, if repair works are carried out to a higher standard than was necessary, the betterment will be deducted from any damages claimed. However, if the claimant had no choice other than to carry out the works in that way, then no deduction will be made.

Question 42

When you need Building regulations approval

Answer 42

- Replace fuse boxes and connected electrics - Install a bathroom that will involve plumbing - Change electrics near a bath or shower - Put in a fixed air-conditioning system - Replace windows and doors - Replace roof coverings on pitched and flat roofs - Install or replace a heating system - Add extra radiators to a heating syste

Question 43

When is Building regulations approval not required

Answer 43

- Most repairs, replacements and maintenance work (except heating systems, oil tanks, fuse boxes and glazing units) - New power and lighting points, or changes to existing circuits (except around baths and showers) - Like-for-like replacements of baths, toilets, basins and sinks

Question 44

How can you apply for Building regulations approval

Answer 44

There are two ways in which you can apply for building regulations applicaiton; - Local authority - You can apply for approval from your council. - Private - You can apply through a private approved inspector who is a member of Construction Industry Council Approved Inspectors Register

Question 45

How are Building Regulation Authority fees calculated

Answer 45

Local authority base their fees on the costs of their work, like site inspections. What you’ll pay depends on the; type of work involved, number of dwellings in the building, total floor area

Question 46

What types of building regulations approval are there

Answer 46

- Full plans - Building notice - Regularisation

Question 47

What is a full plans building regulations approval

Answer 47

Full plans - This is the most thorough option. You can expect a decision within 5 weeks, or 2 months with your consent. You’ll get a completion certificate within 8 weeks of completion of the building work as long as it complies.

Question 48

What is a Building notice building regulations approval

Answer 48

Building notice - This type of application is only for smaller projects. You can start work 2 days after your notice has been submitted to your Local Authority. You do not get formal approval like you do with full plans.

Question 49

What is a Regularisation building regulations approval

Answer 49

Regularisation - You can apply for ‘regularisation’. It is retrospective approval for work already carried out without consent from a local authority.

Question 50

What is a Building regulations application

Answer 50

To comply with the Building Act 1984 and the subsequent statutory instruments known as the Building Regulations, Building regulations approval is required to construct certain structures in England and Wales.

Question 51

What are the use classes

Answer 51

``` Part A 1 - Retail units Part A 2 - Financial/professional services Part A 3 - Restaurants and cafes Part A 4 - Pubs and bars Part A 5 - Hot food take away ``` Part B 1 - Offices Part B 2 - Industrial Part B 8 - Warehouses Part C 1 - Hotels Part C 2 - Care homes Part C 3 - Dwellings Plat C 4 - Shared homes Part D 1 - Schools, Libraries, Churches Part D 2 - Cinemas, Pools, Sports areas

Question 52

What does the Localism Act 2011 allow for A4

Answer 52

It allows the community to identify pubs of community value to have an "extended food provision"

Question 53

What is prior approval

Answer 53

Prior approval is required when changing some uses e.g. A1-B2 under "General Permitted Development Order 2015" Seen as halfway between permitted development and Planning Permission. The prior approval is assessed against the criteria set out in the order.

Question 54

What is a change of use under prior approval is assessed against?

Answer 54

- Noise - Odor - Waste storage - Opening Hours - Highways impact - Loss of A1/A2 - Design

Question 55

What is Sui Generis

Answer 55

Sui Generis describes activities that fall outside of the use classes. Planning Permission is always required for a change of use to a Sui Generis.

Question 56

What are some examples of a Sui Generis use

Answer 56

Launderettes Casino Betting shop Payday loan shop

Question 57

What is an ancillary use under change of use

Answer 57

An ancillary use is a secondary use for the building e.g. a restaurant with a takeaway service

Question 58

What are the limitations to an ancillary use under change of use

Answer 58

- it must support the principle activity - its income must not exceed that of the primary use - no fixed definition of an ancillary use