Legal and regulatory

Question 1

Talk me through your advice to a client on the party Wall etc Act 1996.

Answer 1

I have advised my client on the party wall procedure in my feasibility for esmond road. One of my suggestions was to introduce a new dwelling by incorporating a basement conversion. I included in my report that due to the depth of foundations and the likely requirement to install structural steels into the wall would require both section 2 and section 6 notices under the party wall act.

Question 2

Provide some examples of where you have been invovled with work under the party wall act.

Answer 2

I have been involved with many different projects acting as both BOS and AOS. I have acted as BOS for a property in islington where a party fence wall needed to be rebuilt. I developed the section 2 notices, issued them to the AO communcaited with the AO, took out inspections and SOC and developed the award.

Question 3

How have you advised clients on statutory obligations.

Answer 3

I have advised clients on different obligations in different projects at varying stages. In SBHG, I advised on planning requirements for the replacement of rear doors to their stock. As flats do not have the same permitted development rights. I have also advised clients with stock of over 11m on their requirement for quartely checks of all fire doors and annual check of all flat entrance doors of the updated Fire safety regulations 2022

Question 4

Emma House, cladding
What information did you consider when replacing the timber cladding and balcony strips

Answer 4

Emma house is a block of flats that exceeds 18m approved document B height. An intrusive investigation and report was completed and a report was produced by the fire engineer. I considered the Euroclass performance requirements of materials to meet the Fire rengineers recommendations, minimum of A2, to meet option 1 of EWS1. I also considered the existing fixing structure of the strips and cladding to ensure constructability while minimising cost.

Question 5

Emma House, cladding
Did you advise your client to contact their insurers about the suggested system

Answer 5

When the report was issued by the fire engineer I advised the client to contact their insurers. When selecting the systems for specifcation I recommended that the client check with their building insueres to ensure they would continue to insure the property if they were installed.

Question 6

Stanmer Road, Party Wall
What notices had been served on your client?

Answer 6

My client was served with a section 2 notice as the boundary fence wall was going to be deconstructed and rebuilt to one of the properties. A section 6 notices was also issued as the basement excavations were within 6 meteres and intersected the 45 degree angle line from the existing foundations of my clients properties.

Question 7

Stanmer Road, Party Wall
Were they the correct notices?

Answer 7

Once I was appointed I requested all of the architectural and structural drawings for review. From review I was able to check that the notices that were issued were correct for the notifiable works being completed.

Question 8

Stanmer Road, Party Wall
At what stage were you apoointed?

Answer 8

I was appointed once my client had dissented the works upon receving the notices. I was contacted by my client and issued them a letter of appointment to act as their surveyor under the act.

Question 9

Stanmer Road, Party Wall
Was there a schedule of condition prepared jointly before the work commences?

Answer 9

Yes there was a schedule of condition compelted of all properties that had been served notices. I liased with the residents to ensure all areas affected were accessible.

Question 10

Stanmer Road, Party Wall
Why did you not refer the dispute to the third surveyor?

Answer 10

The discussion and negotiation was still ongoing at the point of my reference to the relevant case law. Once presented the BOS requested we present the sow for the repairs required. If the BOS had continued to dispute our position, I would have notified them that our position would be notify the third survyeor of the matter for resolution.

Question 11

Stanmer Road, Party Wall
When should a thrid surveyor be agreed.

Answer 11

The third surveyor should be agreed when both party surveyors are appointed.

Question 12

Stanmer Road, Party Wall
Why did you not recommend that your client consult a solicitor?

Answer 12

The matter was still within the capacity of the act. The consultation of a solicitor and legal proceedings could potentially impose significant cost and tme expenditure for my client. If the matter continued into a dispute after the involvement of the third surveyor I would have advised my client to consult a solicitor.

Question 13

Pond Close/ Emma Rothschile, planning
What are your qualifications to undertake distance attenuation calculations for the noise produced by the units?

Answer 13

The calculations were only indicactive to ensure that the internal decible levels would not exceed that included in the BS and meet requirements of the noise policy statement. The calculations were not to be used for the design of the system.

Question 14

Wigston Close, Impact damage repairs
Was the wall considered a dangerous structure, if so what action did you take.

Answer 14

The wall was considered as a dangerous structure due to the damage. The tenants were removed from the property. The wall was then propeed and hoarded off to ensure that the property would not collapse and pedestrians would not be in danger.

Question 15

When does a property require planning permission?

Answer 15

New constructino on vacant site
Non-permitted change of use
Any works that are likely to affect the appearance of a property

Question 16

What are the clients responsibilties under CDM?

Answer 16

Appointing relevant duty holders
Providing sufficient time and resources
To provide adequate welfare
Principal designer and principal contractor carry out their duties

Question 17

What are air source heat pumps and how do they contribute to sustainbility?

Answer 17

Air source heat pumps transfer heat from the outside into heating system via liquid heat transfer
This is then used to supplement the heating of the hot water system
This then helps to reduce the energy/fuel consumption used to heat the hot water system

Question 18

Pond Close/ Emma Rothschile, planning
Why did the installation of ASHP’s require planning permission?

Answer 18

More than 1 unit was to be erected outside of the property
Application was related to HMO/ Old peoples home
Installation had to ensure that it would not adversely affect the residents

Question 19

Pond Close/ Emma Rothschile, planning
How did you determine the residents would not be adversely affected?

Answer 19

Units had to be placed close to existing boiler system
Use of distance attenuation calculation to determine dBL against BSBS8233:2014 - max for bedroom at night 30dBl
Noise produced by units was then reduced by the noise insulating properties of walls
Adapater was also installed to allow units to be programmed and turned off at specficic times

Question 20

What is the noise policy statement for England?

Answer 20

Aim to mitigate or avoid the adverse affect of noise heard on sustinable developments
Assesses impact of noises created
Summarises them in the hierachy table
Pond Close would be : No observed affect Level

Question 21

What is the role of the adjoining owner’s surveyor?

Answer 21

Reviewing notices and drawings to verify validity
Co-ordiate and selct third surveyor with BOS
Attend property to understand impact of works and confirm accuracy of drawings
Negotiate and develop party wall award with BOS
Give ongoing advice to adjoining owner

Question 22

What is a section 1 notice?

Answer 22

Section 1 - Line of junction notice
Construction of party wall/fence or boundary external wall up to or astride boundary
If no consent, wall must be built entirely BO land though footings can extend
Consent must be obtained from adjoining owner

Question 23

What is a section 2 notice?

Answer 23

Section 2 - Works to party walls and certain other boundary structures
Raise, demolish, cut into, reparir, thicken, underpin party walls or structures
Notice be served two months before notice
Footings are allowed to extend in to adjoining land

Question 24

What is a section 6 notice?

Answer 24

Section 6 - Adjacent excavation
6 (1), excavation within 3m of building structure lower than existng foundatinos
6 (2), excavation within 6m of AO building that when line drawn from face of building at 45 degrees will cut through foundations

Question 25

At Stanmer Road, which party wall notices were served and why?

Answer 25

Section 2 - Underpinning and rebuilding of rear boundary structure Section 6 - New foundations within 3m of existing property

Question 26

At Stanmer Road, why did you recommend the client schedule the cost of damages to the property?

Answer 26

Once the BO had notified me that notifable works had been completed, I completed a post inspection. In more than one property there was evidence of cracks opening up, due to the underpinning. Especially in the areas of the overcroft. I recommended the client shedule the items with costs from their maintence supply chain to recover the costs in lieu from the BO.

Question 27

At Stanmer Road, what was the relevance of Harbutts v plasticine?

Answer 27

BOS rejected costs for repair of areas where residents had made poor attempts to fill cracks caused by underpinning Harbutts v plasticine states the rationale that cost should be provided for repair or replacement if there it is the only method Even though cracks had been filled by resident, the only way to repair them properly was to remove resident works and repair

Question 28

What are notifable works under the party wall act?

Answer 28

Works that are related to party wall structures that require notices to be issued under the party wall act.

Question 29

Emma House, how did you know that pre-application advice would not be benefical?

Answer 29

Colleagues on other projects had attempted fro pre-applcication advice that did not expedite the process I checked the LPA website and determined it would be a minimum of 6 weeks

Question 30

Who are the duty holders under the Control of Asbestos Regulations?

Answer 30

The duty holder is the owner/ managing agent/ asset manager of the domestic premises Leaseholder depends on the extent of maintenance and repair obligations

Question 31

What pieces of legislation are relevant to dilapidations?

Answer 31

Section 18 of the Landlord and Tenant Act 1926 Dilapidations Protocol (property liaison association 2002 Split into two limbs A the landlord cannot claim more than the dimintion in value and the landlord reversion. B the landlord cannot claim for the works if they are looking to carry out the works anyway or planning to demolish the property.

Question 32

What RICS guidance note is availble on dilpaidations?

Answer 32

Dilapidations in England and Wales, 7th Edition

Question 33

Please give some examples of the guidance given in the RICS guidance note on dilapidations.

Answer 33

Sets out the role of the surveyor to act in accordance with the Dilap Protocol Fees must be contractural Scotts Schedule and Diminution Valuation: a valuation prepared in order to calculate the diminution in value of a landlord’s property incurred as a result of alleged breaches.

Question 34

Are you aware of any environmental legislation relevant to the work you undertake?

Answer 34

Climate Change Act 2008 (80% below 1990 levels 2050) Control of Pollution Act 1974 - noise, air, water, waste

Question 35

When do the CDM Regulations apply?

Answer 35

The CDM regulatons apply to every construction project

Question 36

Under CDM, is a Principal Designer required on all projects?

Answer 36

Yes, a principle designer must be appointed on all construction projects involving more than one contractor

Question 37

When is a project notifiable under CDM?

Answer 37

If it exceeds 30 days + 20 workers or exceeds 500 person days

Question 38

Using an example, explain advise you have given to your client in relation to the Regulatory Reform (Fire Safety) Order.

Answer 38

Under the order my clients must take reasonable steps to reduce the risk from fire and make sure people can safely escape if there is a fire. With that statement in mind, I advie my client if I see inadequate fire doors, communal obstructions, lack of signage.

Question 39

What are the approved documents?

Answer 39

A-Structure B-Fire safety C-Site preperation and resistance to contaminatnts and moisture D-Toxic Substances E-Resistance to sound F-Ventilation G-Sanitation, hot water safety and water efficiency H-Dranage and waste disposal J-Combustino applicanes and fuel storage systems K-Protection from Falling, Collision and Impact L-Conservation of fuel and power M-Access to and from buildings O-Overheating P-Electrical safety Q-Security in dwellings R-Infrastructure for electronic communcations S-Infrastructure for chargin electric vehicles

Question 40

Explain the Building Safety Act 2022?

Answer 40

Brought in to make buildings and residents safer Building Safety Regulator which will sit within the Health and Safety Executive. including taking over the building control role for higher-risk buildings, enforcing sanctions for non-compliance, improving the competence of those working on those buildings and overseeing the safety of those buildings in occupation. Also introducing more measures into preventing leaseholders to paying costs.

Question 41

What are the future homes standards 2021?

Answer 41

In 2019 the government introduced a legally binding target to reduce greenhouse gas emissions to net zero by 2050. New Build and Existing Buildings Proposes a ban on fossil fuel boilers from 2025 decrease in emissions of 75 to 80% compared with current levels.

Question 42

What is the purpose of The Town and Country Planning Act 1990?

Answer 42

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.

Question 43

What is The Control of Asbestos at Work Regulations 2012

Answer 43

The act sets about guidance to monitor,protect and remove asbestos Duty to manage updated yearly Destination flow chart

Question 44

What is The Housing Act 2004??

Answer 44

Was introduced to replace the Housing Fitness Standard with the Housing Health and Safety Rating System (HHSRS).

Question 45

The housing health and safety rating system ( HHSRS )

Answer 45

risk-based evaluation tool to help local authorities identify and protect against potential risks and hazards to health and safety from any deficiencies identified in dwellings. 29 housing hazards and the effect that each may have on the health and safety.

Question 46

Housing Grants, Construction and Regeneration Act 1996?

Answer 46

is intended to ensure that payments are made promptly throughout the supply chain and that disputes are resolved swiftly. Provisions of the act include: The right to be paid in interim, periodic or stage payments.

Question 47

What is the Fire Safety Bill 2021?

Answer 47

The Fire Safety Bill was introduced to amend the Regulatory Reform (Fire Safety) Order 2005. It aims to make it clearer where responsibility for fire safety lies in buildings containing more than one home.

Question 48

EPC changes? SAP rating?

Answer 48

SAP calculations - EPC rating No buildings to be let after April with EPC less than C Energy Efficiency Rating

Question 49

Where might you find asbestos?

Answer 49

Ceiling, walls, floors, ducts cement sheets ACM Insulating boards spray coatings, pipe insulation

Question 50

What are the types of asbestos?

Answer 50

CHRYSOTILE (WHITE) AMOSITE (BROWN) CROCODOLITE (BLUE)

Question 51

That are the three different types of work category for asbestos?

Answer 51

Licenced Non-licenced Notifiable Non-Licenced

Question 52

What is permitted development?

Answer 52

Town and Country Planning (general permitted development) order sets out what types of developments would be known as permitted development which will place restrictions on the size of the development and stipulate certain classes to be able to change without requiring planning permission. Does not apply to conservation areas, national parks etc

Question 53

What is a listing? What listing status are there?

Answer 53

It is the term of listing buildings, monuments, national parks, battlefields and wreck sites. Grade I – buildings of exceptional interest Grade II* - Buildings of particular importance more so than special interest. Grade II – buildings of special interest.

Question 54

What is listed building consent?

Answer 54

Any works to alter, extend or demolish a listed building in a way that affects its character will require LBC. Listed status covers the entire building and therefore to even change windows, you may require LBC.

Question 55

Why do you need to comply with building regulations?

Answer 55

To ensure that all new construction and alterations are stable and safe to use without risking life or causing harm to the environment.

Question 56

How do you serve party wall notices?

Answer 56

Firstly, I obtain the owners details from land registry, I will then review the drawings to confirm what works are being carried out that might be notifiable under the PWA. I will then prepare the relevant notices which include the BO and AO details, the notifiable works and when the BO wishes to start the works. Where works fall under S6, I include a site plan and foundation detail as required by the act.

Question 57

What is dilapidations?

Answer 57

Breach of the lease obligations

Question 58

What laws do you need to be aware of when preparing dilapidations reports?

Answer 58

The Landlord and Tenant Act Leasehold Property (repairs) Act 1938 Dilapidations protocol Jervis V Harris

Question 59

What is Jervis V Harris?

Answer 59

Self help clause from Dilapidation Case Law from 1995. When a tenant fails to maintain and repair a property in accordance with their obligations, the landlord is granted the right to serve notice on a Tenant specifying the breach. If the tenant does not repair the breach, the Landlord can carry out the works themselves and recover costs from the tenants.

Question 60

What must a notice include under the party wall act?

Answer 60

-Be in wrtiing -Give name and address of building owner - Be dated -Be properly served on all adjoining owners -Be served by the owner or agent - State nature of works and commencement date - Where foundations are included, drawings must be added

Question 61

What are the responses to a notice?

Answer 61

Noting Consent to the works Dissent to the works

Question 62

What happens is you do not receive a response to a party wall notice?

Answer 62

If they fail to respond in 14 days, then you can serve a request on the AO to appoint a survey within 10 days. If they do not you have appoint a surveyor their behalf. If section two you can build the wall entirely on your own land.

Question 63

What happens if the adjoining owner consents to work under notice?

Answer 63

They may express consent in writing with any terms for their consent i.e. for a schedule of condition. If consented they are still able to dissent other works later down the line.

Question 64

What happens if the adjoining owner dissents to works under the notice?

Answer 64

The owners may agree for a single surveyor to act i.e. agreed surveyor. If not each party will select a surveyor who will then agree a third surveyo in case of disagreement

Question 65

What is a pre-inspection under party wall act?

Answer 65

Understand the construction and nature of works proposed No required, but often a schedule of condtion will be taken

Question 66

Stanmer Road, Party Wall What was the nature of the development?

Answer 66

It was the introduction of a new dwellling behind my clients properties. It involved signifcant excavations, underpinning and raising of party fence walls.

Question 67

Stanmer Road, Party Wall What was your role in the project?

Answer 67

I carried out adjoining owners surveyors duties. I was involved after the point of the notifiable works being complete. I carried out post inspections and cross referenced them against the existing schedules of condition. I then advised the client that we should seek remedials against the building owner.

Question 68

Stanmer Road, Party Wall What damage did you identify during the post inspection?

Answer 68

There was significant cracking that had appeared to the properties in close proximity to underpinning. Specifically to the areas that were in the overcroft. Where structural less supported.

Question 69

Stanmer Road, Party Wall What advice did you give your client?

Answer 69

I advised them that the notifable works were the likley cause that of the damage and the BO would be required to make good. I advised I would contact them with my evidence of the damage.

Question 70

Stanmer Road, Party Wall How did you notify the building owners surveyor?

Answer 70

I presented the schedules of condition and the more recent photographs and schedules of condition. I included a covering email outlining that the damage was the cause of the works and the remedials that would need to be completed.

Question 71

Stanmer Road, Party Wall What was the BOS's res[pnse to the damage notification?

Answer 71

They advised that they would be happy to rake and fill cracks where they have occured, but their building owner should not be subject to redecorating. His argument that this would then be improving the property from its original state before the damage had occured.

Question 72

Stanmer Road, Party Wall What case law did you you draw the BOS surveyor's attention to?

Answer 72

Harbutt’s Plasticine Ltd v Wayne Tank and Pump Co Ltd.

Question 73

Stanmer Road, Party Wall What was the outcome of the dispute between the building owner and your client?

Answer 73

Once the BOS had reviweed the case law he agreed that decorations should be included in the repairs. I developed a SoW which was provided to the client's maintenace team who priced the works. The cost for the works was then recovered as payment in lieu.

Question 74

Have you ever provided reasoned advice on legal/regulatory compliance requirements on party wall awards?

Answer 74

Yes, recently I was appointed by a client to determine whether there was a breach of PW legislation at their property. The resident had complained that the next door neighbour had a loft installation completed and that it had caused damage to their property. I attended the property to understand if any notifiable works had been completed and whether there had been a breach. Notifiable works had been completed and no notices had been issued by the BO. The damage at the property was minimal and the cost to repair had likely already been exceeded in our fees. I advised that the issues were not significant and should be resolved at their cost and they should contact the BO to try and recover the cost. However, pursuing this with solicitors would be expensive and lenghty, especially since there were no records of condition before.

Question 75

Emma House Cladding Refurbishment What was your role in the project?

Answer 75

I was appointed as employers agent to develop the employers requirement, review tenders, review contracts designs and manage the project once it began.

Question 76

Emma House Cladding Refurbishment What types of materials were used for the replacement of the timber cladding and balcony strips?

Answer 76

For the timber cladding, specified a cement fibre board from rockwool. This product could be finished to mimic the aesthetics of the existing wood cladding while providing the Euroclass A2 rating required. For the balcony strips I specified an aluminimum box sections, that could be finished with any RAL colour and could be manufactured in the required size to fit the structural framework.

Question 77

Emma House Cladding Refurbishment What kind of contract was used for this project?

Answer 77

JCT D&B

Question 78

Emma House Cladding Refurbishment What was the project cost?

Answer 78

Approximately £400k

Question 79

Emma House Cladding Refurbishment What advice did you give to the client regarding the need for planning permission?

Answer 79

I advised the client that as we were going to be changing the appearance of the property in both the cladding and the box sections we would require planning permissions.

Question 80

Emma House Cladding Refurbishment What was the clients request to the planning permission and what was your response?

Answer 80

They requested that we apporach the LPA for pre-planning advice in an aim to reduce the time it would take to get planning permission. After reviewing the LPA's website and information on pre-application advice and talking to coleagues, I understood that the minimum time it would take to get the advice would be 7 weeks. However, I also understand that this was taking longer than most cases due to high workloads of the LPA. I advised the client that although it would remove the change of rejection, it would not provide any signifcant saving. I also selected materials that were sympathetic to the origianl construction to minimise the risk.

Question 81

Emma House Cladding Refurbishment How did you ensure compliance with legal and regulatory compliance during this project?

Answer 81

I advised the client at our appointment that a planning permission would need to be granted for the works. I enquired as to whether there were any leaseholders within the block and if they would need to follow a s20 process. I outlined that they would need to comply with CDM and building control approval.

Question 82

Pond Close Planning What specific steps did you take to complete the planning applications for the installation of air source heat pump systems?

Answer 82

1) I requested all information from the client on the products to be installed, where they were going to be installed and reasons for them being installed. 2) I then visited site to complete measurements for drawings and take photos for the application. 3) I developed the drawings and photo schedules. 4) I completed a design access statement including distance attenuation calculations to show the units would meet building standards and be in line with the noise policy statement for England. 5) I then submitted the applications via planning portal.

Question 83

Pond Close Planning How did you ensure that the noise produced at the proposed location would not exceed building standards recommended for internal decibel levels?

Answer 83

I completed distance attenuation calculations. This involved measuring the distance from the unit position, understanding the amount of noise produced, understanding the noise inuslation of the materials in between.

Question 84

Pond Close Planning How did you ensure that the noise produced at the proposed location would not produce adverse effects outlined in the Noise Policy Statement for England?

Answer 84

I used the distance attenuation calculations and BS8233 to determine if the noises would be acceptable. I then used the Noise policy statement to determine whether their installation would have an affect on the quality of life of the residents. As the units were not in close proximity to any areas used by the residents it was not going to have any observed affect on the residents.

Question 85

What experience do you have with submitting planning applications?

Answer 85

I have submitted planning applications for a variety of works over a number of boroughs. I am currently in the process of submitting planning permission applications for refurbishment throughout London. Which includes me having to conisder listed building status and whether properties are within conservation areas.

Question 86

Can you explain the process of taking schedules of condition?

Answer 86

My experience of schedules of condition primarily revolves around the party wall process. This inlvoes dividng the property up into rooms and then furtehr subdiving it into elements. Recording each inidivdual elements' condition and any signifcant defects.

Question 87

Clapton Terrace LBC What advice did the conservation officer provide?

Answer 87

The conservation officer gave an advisory note on the charteristics of the building and the construction of the garden wall in the past. This included detailing that the wall was not original and any new wall should be sympathetic to the original design. This meant, instead of installing as existing, we could install a wall with peirs, limestone copings and fence toppers.

Question 88

Clapton Terrace LBC What documents did you include with your application to ensure it was approved?

Answer 88

I included a heritage statement that included photographs of the original wall which I found in the local archives. It also commented on how this would be helping to enhance the original appearance of the building. I also included a photo schedule of nearby properties with the fence toppers to show the precedent deisgn for the spindle. I developed drawings with annotations and details of the spindle and fixing method.