Legal and regulatory Flashcards
(178 cards)
1
Q
Talk me through your advice to a client on the party Wall etc Act 1996.
A
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.
2
Q
Provide some examples of where you have been invovled with work under the party wall act.
A
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.
3
Q
How have you advised clients on statutory obligations.
A
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
4
Q
Emma House, claddingWhat information did you consider when replacing the timber cladding and balcony strips
A
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.
5
Q
Emma House, claddingDid you advise your client to contact their insurers about the suggested system
A
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.
6
Q
Stanmer Road, Party WallWhat notices had been served on your client?
A
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.
7
Q
Stanmer Road, Party WallWere they the correct notices?
A
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.
8
Q
Stanmer Road, Party WallAt what stage were you apoointed?
A
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.
9
Q
Stanmer Road, Party WallWas there a schedule of condition prepared jointly before the work commences?
A
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.
10
Q
Stanmer Road, Party WallWhy did you not refer the dispute to the third surveyor?
A
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.
11
Q
Stanmer Road, Party WallWhen should a thrid surveyor be agreed.
A
The third surveyor should be agreed when both party surveyors are appointed.
12
Q
Stanmer Road, Party WallWhy did you not recommend that your client consult a solicitor?
A
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.
13
Q
Pond Close/ Emma Rothschile, planningWhat are your qualifications to undertake distance attenuation calculations for the noise produced by the units?
A
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.
14
Q
Wigston Close, Impact damage repairsWas the wall considered a dangerous structure, if so what action did you take.
A
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.
15
Q
When does a property require planning permission?
A
New constructino on vacant siteNon-permitted change of useAny works that are likely to affect the appearance of a property
16
Q
What are the clients responsibilties under CDM?
A
Appointing relevant duty holdersProviding sufficient time and resourcesTo provide adequate welfarePrincipal designer and principal contractor carry out their duties
17
Q
What are air source heat pumps and how do they contribute to sustainbility?
A
Air source heat pumps transfer heat from the outside into heating system via liquid heat transferThis is then used to supplement the heating of the hot water systemThis then helps to reduce the energy/fuel consumption used to heat the hot water system
18
Q
Pond Close/ Emma Rothschile, planning Why did the installation of ASHP’s require planning permission?
A
More than 1 unit was to be erected outside of the propertyApplication was related to HMO/ Old peoples homeInstallation had to ensure that it would not adversely affect the residents
19
Q
Pond Close/ Emma Rothschile, planning How did you determine the residents would not be adversely affected?
A
Units had to be placed close to existing boiler systemUse of distance attenuation calculation to determine dBL against BSBS8233:2014 - max for bedroom at night 30dBlNoise produced by units was then reduced by the noise insulating properties of wallsAdapater was also installed to allow units to be programmed and turned off at specficic times
20
Q
What is the noise policy statement for England?
A
Aim to mitigate or avoid the adverse affect of noise heard on sustinable developmentsAssesses impact of noises createdSummarises them in the hierachy tablePond Close would be : No observed affect Level
21
Q
What is the role of the adjoining owner’s surveyor?
A
Reviewing notices and drawings to verify validityCo-ordiate and selct third surveyor with BOSAttend property to understand impact of works and confirm accuracy of drawingsNegotiate and develop party wall award with BOSGive ongoing advice to adjoining owner
22
Q
What is a section 1 notice?
A
Section 1 - Line of junction noticeConstruction of party wall/fence or boundary external wall up to or astride boundaryIf no consent, wall must be built entirely BO land though footings can extendConsent must be obtained from adjoining owner
23
Q
What is a section 2 notice?
A
Section 2 - Works to party walls and certain other boundary structuresRaise, demolish, cut into, reparir, thicken, underpin party walls or structuresNotice be served two months before noticeFootings are allowed to extend in to adjoining land
24
Q
What is a section 6 notice?
A
Section 6 - Adjacent excavation6 (1), excavation within 3m of building structure lower than existng foundatinos6 (2), excavation within 6m of AO building that when line drawn from face of building at 45 degrees will cut through foundations
25
At Stanmer Road, which party wall notices were served and why?
Section 2 - Underpinning and rebuilding of rear boundary structureSection 6 - New foundations within 3m of existing property
26
At Stanmer Road, why did you recommend the client schedule the cost of damages to the property?
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.
27
At Stanmer Road, what was the relevance of Harbutts v plasticine?
BOS rejected costs for repair of areas where residents had made poor attempts to fill cracks caused by underpinningHarbutts v plasticine states the rationale that cost should be provided for repair or replacement if there it is the only methodEven though cracks had been filled by resident, the only way to repair them properly was to remove resident works and repair
28
What are notifable works under the party wall act?
Works that are related to party wall structures that require notices to be issued under the party wall act.
29
Emma House, how did you know that pre-application advice would not be benefical?
Colleagues on other projects had attempted fro pre-applcication advice that did not expedite the processI checked the LPA website and determined it would be a minimum of 6 weeks
30
Who are the duty holders under the Control of Asbestos Regulations?
The duty holder is the owner/ managing agent/ asset manager of the domestic premisesLeaseholder depends on the extent of maintenance and repair obligations
31
What pieces of legislation are relevant to dilapidations?
Section 18 of the Landlord and Tenant Act 1926Dilapidations 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.
32
What RICS guidance note is availble on dilpaidations?
Dilapidations in England and Wales, 7th Edition
33
Please give some examples of the guidance given in the RICS guidance note on dilapidations.
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.
34
Are you aware of any environmental legislation relevant to the work you undertake?
Climate Change Act 2008 (80% below 1990 levels 2050)Control of Pollution Act 1974 - noise, air, water, waste
35
When do the CDM Regulations apply?
The CDM regulatons apply to every construction project
36
Under CDM, is a Principal Designer required on all projects?
Yes, a principle designer must be appointed on all construction projects involving more than one contractor
37
When is a project notifiable under CDM?
If it exceeds 30 days + 20 workers or exceeds 500 person days
38
Using an example, explain advise you have given to your client in relation to the Regulatory Reform (Fire Safety) Order.
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.
39
What are the approved documents?
A-StructureB-Fire safetyC-Site preperation and resistance to contaminatnts and moistureD-Toxic SubstancesE-Resistance to soundF-VentilationG-Sanitation, hot water safety and water efficiencyH-Dranage and waste disposalJ-Combustino applicanes and fuel storage systemsK-Protection from Falling, Collision and ImpactL-Conservation of fuel and powerM-Access to and from buildingsO-OverheatingP-Electrical safetyQ-Security in dwellingsR-Infrastructure for electronic communcationsS-Infrastructure for chargin electric vehicles
40
Explain the Building Safety Act 2022?
Brought in to make buildings and residents saferBuilding 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.
41
What are the future homes standards 2021?
In 2019 the government introduced a legally binding target to reduce greenhouse gas emissions to net zero by 2050.New Build and Existing BuildingsProposes a ban on fossil fuel boilers from 2025decrease in emissions of 75 to 80% compared with current levels.
42
What is the purpose of The Town and Country Planning Act 1990?
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.
43
What is The Control of Asbestos at Work Regulations 2012
The act sets about guidance to monitor,protect and remove asbestosDuty to manage updated yearlyDestination flow chart
44
What is The Housing Act 2004??
Was introduced to replace the Housing Fitness Standard with the Housing Health and Safety Rating System (HHSRS).
45
The housing health and safety rating system ( HHSRS )
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.
46
Housing Grants, Construction and Regeneration Act 1996?
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.
47
What is the Fire Safety Bill 2021?
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.
48
EPC changes? SAP rating?
SAP calculations - EPC rating No buildings to be let after April with EPC less than CEnergy Efficiency Rating
49
Where might you find asbestos?
Ceiling, walls, floors, ducts cement sheets ACMInsulating boardsspray coatings, pipe insulation
50
What are the types of asbestos?
CHRYSOTILE (WHITE)AMOSITE (BROWN)CROCODOLITE (BLUE)
51
That are the three different types of work category for asbestos?
Licenced Non-licencedNotifiable Non-Licenced
52
What is permitted development?
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
53
What is a listing? What listing status are there?
It is the term of listing buildings, monuments, national parks, battlefields and wreck sites.Grade I – buildings of exceptional interestGrade II* - Buildings of particular importance more so than special interest.Grade II – buildings of special interest.
54
What is listed building consent?
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.
55
Why do you need to comply with building regulations?
To ensure that all new construction and alterations are stable and safe to use without risking life or causing harm to the environment.
56
How do you serve party wall notices?
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.
57
What is dilapidations?
Breach of the lease obligations
58
What laws do you need to be aware of when preparing dilapidations reports?
The Landlord and Tenant ActLeasehold Property (repairs) Act 1938Dilapidations protocolJervis V Harris
59
What is Jervis V Harris?
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.
60
What must a notice include under the party wall act?
#NAME?
61
What are the responses to a notice?
NotingConsent to the worksDissent to the works
62
What happens is you do not receive a response to a party wall notice?
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.
63
What happens if the adjoining owner consents to work under notice?
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.
64
What happens if the adjoining owner dissents to works under the notice?
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
65
What is a pre-inspection under party wall act?
Understand the construction and nature of works proposedNo required, but often a schedule of condtion will be taken
66
Stanmer Road, Party WallWhat was the nature of the development?
It was the introduction of a new dwellling behind my clients properties. It involved signifcant excavations, underpinning and raising of party fence walls.
67
Stanmer Road, Party WallWhat was your role in the project?
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.
68
Stanmer Road, Party WallWhat damage did you identify during the post inspection?
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.
69
Stanmer Road, Party WallWhat advice did you give your client?
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.
70
Stanmer Road, Party WallHow did you notify the building owners surveyor?
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.
71
Stanmer Road, Party WallWhat was the BOS's res[pnse to the damage notification?
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.
72
Stanmer Road, Party WallWhat case law did you you draw the BOS surveyor's attention to?
Harbutt’s Plasticine Ltd vWayne Tank and Pump Co Ltd.
73
Stanmer Road, Party WallWhat was the outcome of the dispute between the building owner and your client?
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.
74
Have you ever provided reasoned advice on legal/regulatory compliance requirements on party wall awards?
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.
75
Emma House Cladding RefurbishmentWhat was your role in the project?
I was appointed as employers agent to develop the employers requirement, review tenders, review contracts designs and manage the project once it began.
76
Emma House Cladding RefurbishmentWhat types of materials were used for the replacement of the timber cladding and balcony strips?
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.
77
Emma House Cladding RefurbishmentWhat kind of contract was used for this project?
JCT D&B
78
Emma House Cladding RefurbishmentWhat was the project cost?
Approximately £400k
79
Emma House Cladding RefurbishmentWhat advice did you give to the client regarding the need for planning permission?
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.
80
Emma House Cladding RefurbishmentWhat was the clients request to the planning permission and what was your response?
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.
81
Emma House Cladding RefurbishmentHow did you ensure compliance with legal and regulatory compliance during this project?
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.
82
Pond Close PlanningWhat specific steps did you take to complete the planning applications for the installation of air source heat pump systems?
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.
83
Pond Close PlanningHow did you ensure that the noise produced at the proposed location would not exceed building standards recommended for internal decibel levels?
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.
84
Pond Close PlanningHow did you ensure that the noise produced at the proposed location would not produce adverse effects outlined in the Noise Policy Statement for England?
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.
85
What experience do you have with submitting planning applications?
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.
86
Can you explain the process of taking schedules of condition?
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.
87
Clapton Terrace LBCWhat advice did the conservation officer provide?
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.
88
Clapton Terrace LBCWhat documents did you include with your application to ensure it was approved?
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.
89
What are the main sections of the Party Wall etc Act 1996 ?
Section 1 applies where it is proposed to erect a new wall at a boundary that is not already built on.Section 2 concerns existing party structures, which include party walls, floors and partitions (that separate buildings or parts of buildings), party fence walls (essentially a boundary wall between lands in separate ownership which is built astride a boundary) and, in some instances, a neighbour's independent property.Section 6 can apply to excavations up to 6 m away from a building or structure on neighbouring land, subject to depth criteria which the Act sets out.The three types of Notice are known, respectively as:* Section 1: Line of Junction Notice* Section 3 (for S2 works): Party Structure Notice* Section 6: Notice of Adjacent Excavation
90
What is Section 1 Notice / Line of Junction Notice ?
If you are planning to build a new wall either as a Party Wall or a Party fence wall (astride a boundary) subject to your neighbour’s consent, or up to the line of junction and wholly on your own land, a Section 1 Notice must be served.If a proposed wall needs foundations to a lower depth than your neighbours foundations, a Section 6 notice could also be required.One month notice must be given before the works commence.
91
What is a Section 3 Notice / Party Structure Notice?
If you are planning to cut into a Party Wall to insert flashings or a damp proof course, cut away chimney breasts or projections, raise, rebuild repair, underpin, expose the Party Wall to the weatheror enclose upon a wall on or at the line of junction turning it into a Party Wall, in such cases a Section 3 Notice must be served.Two months notice must be given for a section 3 Notice.
92
What is a Section 6 Notice / Notice of Adjacent Excavation ?
If you are planning to excavate within 3m of neighbour’s foundations to a lower depth, or within 6m to a lower depth than a line struck at 45 degrees down from the underside of the neighbour’s foundations, then a section 6 notice must be served.One month notice must be given before work commences and in addition, plans and sections of the proposed works must be provided with the notice.
93
Under planning what are the use classes ?
The classes were updates in Sep 2020 to :Class B2 - General IndustrialClass B8 - Storage and Distribution```Class C1 - HotelsClass C2 - Residential InstitutionsClass C2A - Secure Residential institutionClass C3 - DwellinghouseClass C4 Houses in multiple occupation```Class E - Commercial, Business and ServiceClass F - Local Community and LearningSui Generis - (in a class of its own) anything not included in the other classes.
94
What are the timescales attached to planning permission ?
Normally within 8 weeks however this can be requested to be extended. Which can be appealed but is a lengthy process.
95
What are the timescales attached to building control ?
Normally 5 weeks but can be extended to 8 weeks by agreement.
96
What are the timescales attached with a building notice ?
Works can start when the application has been accepted. This normally takes 2 days.
97
What does keep in good and substantial repair mean ?
That the building is to be kept in good condition during the course of the lease term. Clients can be protected via a SOC prior to the lease to protect against betterment.
98
Can you give me some examples of permitted development rights ?
Permitted development rights are the right to carry out certain works without planning permission. These rights are contained within the The Town and Country Planning (General Permitted Development) (England) Order 2015.Examples of works :Single storey extension - max height 4m,3m if within 2m of a boundary, max depth 4m if detached houseTwo storey extension - Max height to match house
99
When do you need to comply with Building Regulations regarding upgrading works ?
Roof replacing more than 25% thermal upgrading required.Thermal elements - More than 50% of the thermal elements (surf area) being replaced it should complies with L1A.
100
Are you aware of any new approved documents that will be implemented soon ?
Part O - OverheatingPart S - Electrical Car Charging
101
What are the main types of Building Regulations applications ?
* Full plans * Building notice* Regularisation
102
What is the advantages and advantages of a full plans application ?
Advantages of full plans:• You know that as long as you carry-out the work in line with the approved plans it will meet the regulations• Everyone involved knows in advance exactly what is required. There should be few nasty (or expensive!) surprises• You can provide an approval notice to financial institutions, solicitors, and so on, when you are applying for loans or moving home• As long as the work is carried out in line with the approved plans, and all the relevant inspections find the work is of a satisfactory standard, you get a completion certificateDisadvantages of full plans:• It is expensive to prepare detailed plans which include all the information necessary to carry out the work from the depth of the foundations to the height of the chimney• You have to programme the work to allow enough time to prepare plans and for us to process them• Once the plans have been submitted, it takes between 3-8 weeks for us to carry out the required checks and notify you, or your agent, as to whether, or not, they are satisfactory• You may have an agent's fee to pay
103
What is the advantages and advantages of a Building Notice ?
Advantages of a Building Notice:You only have to submit an application form and the required chargeYou save time and money by not having to prepare and submit detailed plansYou only have to prepare a site planOnce the notice has been submitted, you only have to wait 48 hours before starting the work, so there are no long time delays involved in this type of applicationDisadvantages of a Building Notice:You do not have an approved plan to work to. Although you may try to prepare for possible problems, if the work does not meet regulations, there may be a delay while the work is correctedYou may not know that the work is incorrect until it is inspectedBuilding estimates may not be accurate because full information about the design is not availableAll charges (plan and inspection) are paid at the time of depositNo approval noticePlans and calculations are often required to support your applicationAll work must comply with the Building Regulations, without plans a detailed knowledge of the requirements is essentialFor smaller work, and with the benefit of an experienced builder, Building Notice applications are often the obvious choice and the majority of work involved is carried out without problems. The Building Notice procedure deals with straightforward work, which should be carried out by people who understand the regulations
104
What are the types of planning applications ?
* Householder planning consent* Full planning consent* Outline planning consent* Reserved Matters* Listed building consent* Advertisement consent* Lawful Development Certificate (LDC)* Prior approvals (except the type listed below)* Removal/variation of conditions* Approval (Discharge) of conditions* Consent under Tree Preservation Orders * Notification of proposed works to trees in conservation areas* Non-material amendment of an existing planning permission
105
What is the main act in relation to planning ?
The Town and Country Planning Act 1947 formed the basis for much of the contemporary planning system. It was intended as a response to the post-Second World War need for large-scale rebuilding and planning of towns and cities, as well as to help reorganise industry.
106
What is the purpose of The Town and Country Planning Act 1990?
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.
107
What is the case law of Jarvis v Harris ?
What does Jervis V Harris Clause mean? A clause in a lease or tenancy agreement which allows the landlord to serve a notice on a tenant to carry out repairs. Where a tenant fails to do so, the landlord may enter, carry out the works itself and recover the costs from the tenant as a debt.
108
What are the types of party walls ?
"Type AA wall that stands astride the boundary of land belonging to two (or more) different owners. Examples include walls separating terraced or semi-detached houses or walls that form the boundary between two gardens, known as a “party fence wall” (see more detailed description below).Type B A wall that stands wholly on one owner’s land, but is used by two (or more) owners to separate their buildings. Examples include where one neighbour has a structure that leans against a wall that is owned by the other neighbour. Only the part of the wall that is enclosed by the lean-to is a Party Wall. Party Wall fenceA party fence wall is described as a wall that separates 2 owners’ land (Not part of a building). It does not form part of a building but instead extends from it. If the ‘wall’ sits on one side of the boundary then this would not be considered a ‘Party Fence Wall’ under the Party Wall etc Act 1996 and is often referred to as a boundary wall or garden wall.Party wall structureA Party Structure shares similar characteristics as a party wall. In addition to what is notifiable to a party wall or party fence wall, the term party structure is often used to describe the physical division between 2 properties or land."
109
What is Section 18 of the Landlord and Tenant Act 1927 ?
* I) A diminution valuation is required, and damages are usually capped by reference to the diminution in the value of the landlord’s reversion. Two valuations are prepared by a specialist valuation surveyor, one of the property in its current state and another if the tenant kept up with all of their obligations. The difference between the two valuations places a cap on the repair obligations only, not reinstatement and decoration. * II) No costs can be recovered by the landlord if at or shortly after termination of the lease, the building will be structurally altered in a way that would render the repairs valueless or the building is to be pulled down
110
What is Jarvis v Harris ?
A clause in a lease or tenancy agreement which allows the landlord to serve a notice on a tenant to carry out repairs. Where a tenant fails to do so, the landlord may enter, carry out the works itself and recover the costs from the tenant as a debt.
111
What can happen if you have made changes to your property that require planning permission ?
* The LA can request a retrospective planning application for those works* If the retrospective planning application is refused. The LA can issue an enforcement notice which require you to put things back as they were.
112
What is an enforcement notice ?
Enforcement Notices are legal documents that require certain action be taken to remedy a breach of planning control. They are issued where development has taken place without the correct planning permission or outside the conditions of a planning permission.
113
Can you give me some typical conditions attached to a planning application ?
* The development hereby permitted shall be begun before the expiration of three years from the date of this permission* The development hereby permitted shall not be carried out other than in complete accordance with the approved plans
114
What is an article 4 direction ?
Removal of permitted development rights within a specific area to be defined. This could for example be within a conservation area. This then prompts the requirement to submit the relevant application. The reasons for the directions are normally to prevent development that would harm the character of the area. For this reason, the form of development normally allowed through the Town and Country Planning (General Permitted Development) Order 2015 has been restricted.
115
Can you give me some examples of works that fall within and outside of permitted development ?
* Small extension* Loft conversion* Garage conversion* Porch* Roof lights not facing highway etc.
116
What is NPPF?
National Planning Policy Framework - Sets out government planning policies for England and how they should be applied. Published on 27th March 2012. Implemented to make the planning system less complex and more accessible and protect the environment. NPPF updated in 2018 with minor amendments in 2019.
117
What is a design and access statement ?
A design and access (DAS) statement is a short report accompanying and supporting a planning application. They provide a framework for applicants to explain how a proposed development is a suitable response to the site and its setting and demonstrate that it can be adequately accessed by prospective users.
118
What are the key points within the Landlord and Tenant Act 1985 ?
Landlord has to notify leaseholders of works that may affect them. * 1 - Notice of intention* 2- Notice of proposal* 3- Award of contract notice.* Section 18 covers dilapidations
119
Which type of inspector did you use ?
Local authority building control officer or approved inspector.
120
What are the Building Regulations ?
The Building Regulations set standards for the design and construction of buildings to ensure the safety and health of people in or about those buildings
121
What is Approved Document L1A and L1B
* Approved Document L1A is for the conservation of fuel and power in NEW dwellings. * Approved Document L1B is for the conservation of fuel and power in EXISTING dwellings.
122
Explain the Building Regulations 2010 and why we need them?
The Building Regulations are intended to protect people's safety, health and welfare in and around buildings. The regulations are also designed to improve conservation of fuel and power, protect and enhance the environment and promote sustainable development.
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What are approved documents?
Practical guidance on ways to comply with the functional requirements in the Building Regulations is contained in a series of 17 Approved Documents.
124
Explain your knowledge of the Party Wall etc. Act 1996 ?
Prevents and resolves disputes in relation to party walls, party structures, boundary walls and excavations near neighboring buildings
125
What are the different types of notices?
Line of Junction Notice, Party Structure Notice, 3 meter Notice and 6 meter notice
126
When two PW Surveyors are appointed. One to act for the Building Owner and one to act for the Adjoining Owner what is the first thing they should agree upon?
The Third Surveyor
127
What is the purpose of an Award (Party Wall) ?
It grants each owner specific rights. Namely the building owner with regards to rights to access to carry out notifiable work. It grants rights to the adjoining owners with regards to compensation or other means of financial protection such as security of expenses. It controls how notifiable works should be undertaken to mitigate damage to the structure.
128
What is the main aim of the Act?
* To prevent delays to construction.* To enable an owner to undertake specific work* Protects neighbours
129
Under the Party Wall Act, who is an owner?
Under S20 of the act, an owner is someone with more than one years tenancy
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What are the duties of the Building Owner?
Notify the neighbours of their intentions to carry out work under the act. Carry out the work without causing risk and making good any damages.
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How does the BO notify the AO?
Serving notices under the act. Should have names, addresses, start dates, sections under the act and if s6 notice, a foundation detail.
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What happens after serving the Notice?
Neighbour must respond within 14 days to consent or dissent, if no response, 10 day letter, if still no response, 10(4) appointment
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What is an Award?
Document describing the works and the rights and duties granted to each owner in connection with the works they are proposing
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When do you serve a section 2 notice?
Works to the party structure.
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When do you serve a section 6 notice?
Excavating within 3 or 6m if the foundations cut the 45 degree line from the neighbouring foundations
136
What are special foundations?
Reinforced foundations
137
When do the CDM Regulations apply?
The CDM regulations apply to every construction project
138
Give me some examples of the key duty holders of the CDM regulations.
* Client* Principal designer* Principal contractor
139
Under CDM, is a Principal Designer required on all projects?
Yes, a principle designer must be appointed on all construction projects involving more than one contractor
140
When is a project notifiable under CDM?
A construction project is notifiable if: It's scheduled to last longer than 30 working days AND has more than 20 workers working simultaneously; OR. The project exceeds 500 person days
141
What pieces of legislation are relevant to dilapidations ?
Section 18 of the Landlord and Tenant Act 1927 Dilapidations Protocol (property liaison association 2002 Split into two limbs :* A the landlord cannot claim more than the diminution 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.
142
Please give some examples of the guidance given in the RICS guidance note on dilapidations.
Dilapidations(GN)in England and Wales 7th Edition 2016 Sets out the role of the surveyor to act in accordance with the Dilap Protocol . Fees must be contractual .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.
143
What is Jervis V Harris Case Law ?
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.
144
Define dilapidations in three words?
Breach of lease
145
How often must a gas safety check be carried out ?
Annually
146
Who should carry out a gas safety certificate ?
Gas safe registered engineer
147
What legislation places an obligation on the landlord to ensure that electrical equipment and installations are safe at the start of a tenancy and maintained in safe condition ?
Housing act 2004 & Landlord and Tenant Act 1985
148
Who is the accreding body for electrical installations?
NIC/EIC, Alexa
149
Who is the accreding body for Asbestos related works ?
ARCA
150
Who is the accreding body for windows installation ?
FENSA
151
Who is the accreding body for oil installations ?
OFTEC
152
Who is the accreding body for wood burning stove applications ?
HETAS
153
Who is the accreding body for gas boiler installations ?
Gas Safe
154
Explain the Building Safety Bill 2021?
Recommendations in Dame Judith Hackitt’s 2018 Building a Safer Future report Building Safety Regulator which will sit within the Health and Safety Executive. including taking over the building control regime 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.
155
What are the future homes standards 2021 ?
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.
156
What is The Control of Asbestos at Work Regulations 2012
The act sets about guidance to monitor, protect and remove asbestos DUTY TO MANAGE - updated yearly
157
What is The Housing Act 2004 ?
Was introduced to replace the Housing Fitness Standard with the Housing Health and Safety Rating System (HHSRS).
158
Housing Grants, Construction and Regeneration Act 1996 ?
It 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.
159
What is the Fire Safety Bill 2021 ?
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.
160
What are EPC changes? SAP rating?
SAP calculations - EPC rating No buildings to be let after April with EPC less than Energy Efficiency Rating
161
What is Approved Document K ?
Approved Document K - Protection from falling, collision and impact
162
Can you reference some of the approved documents ?
* Part A - Structure* Part B - Fire Safety* Part C - Site preparation and resistance to contaminants and moisture* Part D - Toxic Substances* Part E - Resistance to the passage of sound* Part F - Ventilation* Part G - Sanitation, hot water safety and water efficiency* Part H - Drainage and Waste Disposal* Part J - Combustion appliances and fuel storage systems* Part K - Protection from falling, collision and impact* Part L - Conservation of fuel and power* Part M - Access to and use of buildings* Part N - Glazing Safety (Withdrawn)* Part P - Electrical Safety* Part Q - Security* Part R - Physical infrastructure for high speed electronic communications networks.* Regulation 7 - Materials and workmanship* Part O – Overheating* Part S - Infrastructure for the charging of electric vehicles
163
What information was included in the Design & Access statement?
Design and access statements are prepared as part of the documentation to support a planning application. They explain the design principles and concepts that have been applied to particular aspects of the proposed development. Design and access statements may include plans, elevations and other illustrations, photographs and for large or complex schemes a model of the proposed development.Design and access statements should explain Amount (how much development is proposed). For residential development, this the number of proposed units and for all other development, the proposed floor space for each proposed use and layout.
164
Why would you recommend the requirement for a R&D survey ?
As per the CAR 2012 in relation age of the property,
165
What are the three most common parts of the party wall act ?
* 3m - Excavations within 3m of the adjoining owner* 6m - Within 6m drawn at 45 degrees* Works to a party wall or party structure* New building astride the boundary
166
What are the asbestos regs ?
Control of Asbestos 2012
167
What did the housing, grants, construction and regeneration act 1996 bring in?
- The right for itnerim payment
- The right to be informed of payment due or monies to be witheld
- The right to suspend performance for non-payment
- The right to adjudication
168
What legislation is behind buidling regulations?
Building Act 1984
169
What is a right of light?
Is a private, legally enforceable easement or right to a minimum level natural illumination.
170
What is an easement?
An easement is a non-possesory right to use or enter the real property of another without owning it.
171
What are the requried notice periods in the party wall act?
2 months to a year.
172
What is the purpose of the party wall act?
The party wall act is used to facilitate works to and close to boundaries by providing a framework of notifying neighbours.
173
When would you be appoitned under the part wall act 1996?
When there is a dispute arisen
Or as acting as an agent
174
What are teh duties of surveyor acting under the party wall act 1996?
To appoint a third surveyor
Act impartially between the parties
They ower a duty of care to appointing owner
But duty of care should not obstruct acting duty to act dillgently
175
What are the building regulations 2010?
They set out minimum design requirements for building works to maintian performance and safety.
176
What are the approved documents?
A set of documents with detailed solutions to meeting building regulation requirements?
177
What types of works are conisdered 'building work' under the regulations?
- New builds or extensions
- Change of use
- Alteration where it would cause breach of buidling regulations going forward.
- CWI
- New windows
- Any works which would affect the energy performance of a property
178
What enforcement actions are there for a breach of building regulations?
- Taken to magistrates court and unlimited fine
- Enforcement actino to remove or rectify works, if ignored the LPA can carry out works at owners cost.
