Legal and Regulatory

Question 1

What are Civil Procedure Rules?

Answer 1

Rules and practice directions for dispute procedures. Encourages early exchange of information and avoid litigation

Question 2

Management Asbestos Survey vs Refurbishment and Demolition Survey

Answer 2

Management - Identifies the location and condition of ACM’s. Identifies priority and remedials.

R&D - More instrusive survey where the asbestos sample is analysed.

Question 3

Converting Residential to commercial

Answer 3

• Compliant with Building Regs
• Planning Permission

Question 4

Things to consider when building an extension

Answer 4

• Planning/ Building Regs
• Structural Considerations
• Access and logistics

Question 6

Difference between part 36 offer and Calderbank offer

Answer 6

Both encourage settlement.
Calderbank cannot be used as evidence in court to determine liability
Part 36 is governed by civil procedure rules and is a formal offer

Question 7

What is Jervis v Harris

Answer 7

Allows landlord to repair the property where a breach has occurred and can recover the costs as debt from tenant

Question 8

What are Break Clauses?

Answer 8

• This permits tenants and landlord to terminate leases on an intermediate date during the lease

Question 9

What is the Landlord and Tenant Act 1985

Answer 9

• Primary Legislation for governing the responsibities of both tenants and landlords
• Landlord to : Keep in repair structure and exterior. Keep in repair installations
• Tenant: keep property clean, look after condition.

Question 10

What is the defective Premises Act 1972

Answer 10

Stipulates the liability of Landlord and contractors for poorly constructed buildings

Landlords hold a duty of care to tenants who might be insjured as a result of not keeping the property in good state of repair

Question 11

Under section 6 of the PWA 1996, what notices and timescales involved?

Answer 11

• iF THE EXCAVATION IS WITHIN 6M OF THE ADJOINING OWNERS LAND at a 45 degree then notice to be served 1 montb prior

Question 12

What items are included within a pwarty wall notice

Answer 12

• The name of building owners and Adjoining owners. Deatisl fo works, start date. Drawinsg and structural info

Question 13

Enforcement action when a listed Building Consent has been breached

Answer 13

An enforcement notivce requiring the breach to be remedied
A stop work notice

Question 14

Timescales for Listed Building Consent

Answer 14

• Decision 8 - 12 weeks

Question 15

What legislation revolves around listed Building

Answer 15

• Planning (Listed buildings and Conservation Areas) Act 1990