Legal and regulatory compliance

Question 1

What is Lotus & Delta v Culverwell?

Answer 1

Lotus and Delta v Culverwell is a case law which relates to the hierarchy of evidence to be used in rating, The weight given to the actual rent will depend on how closely it conforms to the terms of the rating hypothesis.

Question 2

What does Rebus Sic Stantibus mean?

Answer 2

valuing the property as it stands, based on its mode or category of use. This based on two limbs, the physical limb and the use limb.

Question 3

What case refers to the mode and category of use as referred in Schedule 6 of the LFGA 1988?

Answer 3

Williams v Scottish and Newcastle Retail Ltd

Question 4

What is the LGFA 1988?

Answer 4

The Local Government Finance Act 1988 introduced significant reforms to local taxation in the United Kingdom (except Northern Ireland). The old systems of rates were replaced by the Community Charge (for individuals) and business rates (for businesses).

Question 5

What is the Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Act 2018?

Answer 5

The Act makes provision, where two or more hereditaments (or properties) occupied or owned by the same person meet certain conditions as to contiguity, for those properties to be treated for business rates purposes as one single hereditament.

Question 6

What is the act relating to health and safety?

Answer 6

the Health and Safety at Work etc Act 2018

Question 7

What is the national planning policy framework?

Answer 7

The National Planning Policy Framework sets out the Government’s planning policies for England and how these should be applied1. It provides a framework within which locally-prepared plans for housing and other development can be produced.

Question 8

What is the control of asbestos regulations 2012?

Answer 8

the Control of Asbestos Regulations 2012 and come into force on 6th April 2012.

The Control of Asbestos Regulations 2012 provide the most up-to-date regulations on working with asbestos. They are generally accepted to apply to properties built before 2000, as these properties may still have asbestos containing materials.

Question 9

What is the regulatory reform (fire safety) order 2005?

Answer 9

The Regulatory Reform (Fire Safety) Order 2005 – the Fire Safety Order – provides a framework for regulating fire safety in all non-domestic premises including workplaces and the parts of multi-occupied residential buildings used in common in England and Wales.

Question 10

what is the building safely bill?

Answer 10

The Building Safety Act 2022 is primary legislation which establishes in law a framework for building safety both during design and construction and in occupation.

Question 11

What is woolway v mazars?

Answer 11

All floors in a multi-occupied office building occupied by the same entity must be separately assessed even where the floors are contiguous, save where there is a direct link (e.g. an internal staircase) without passing through the common parts.

However has since been replaced by the Rating (in common occupation) and council tax (empty dwellings) act 2018.

Question 12

What is the key legislation relating to planning?

Answer 12

Planning and Compulsory Purchase Act 2004

It makes provisions relating to spatial development, planning and compulsory purchase and establishes sustainable development as a key objective of the planning system

Question 13

What is the key legislation relating to land compensation?

Answer 13

Land Compensation Act 1973

Question 14

What are the key principles of land compensation?

Answer 14

Land Compensation Act 1973
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Question 15

Tell me about health & safety legislation relating to development projects.

Question 16

Tell me about disability legislation relating to development projects.

Question 17

Tell me about construction legislation relating to development projects.

Question 18

Tell me about design and management regulations relating to development projects.

Question 19

What is an Environment Impact Assessment?

Answer 19

Environmental Impact Assessment (EIA) is a tool used to assess the significant effects of a project or development proposal on the environment. EIAs make sure that project decision makers think about the likely effects on the environment at the earliest possible time and aim to avoid, reduce or offset those effects.

Question 20

What is a Strategic Environment Assessment?

Answer 20

Strategic environmental assessment consists of a range of analytical and participatory approaches that aim to integrate environmental considerations into policies, plans and programmes and evaluate the inter-linkages with economic and social considerations.

Question 21

Tell me briefly about the statutory control of building works.

Answer 21

Statutory obligations are those obligations that do not arise out of a contract, but are imposed by law. The statutory obligations applicable to the design, construction and operation of buildings are extensive and complicated, and they will depend on the specific nature of the proposed development

Question 22

Tell me about your understanding of current building regulations.

Question 23

What enforcement controls exist on unauthorised building works?

Answer 23

Stop Notices
Issued where unauthorised works are proceeding, a Stop Notice requires that work or use be immediately stopped. Stop Notices are issued in extreme circumstances in conjunction with an Enforcement Notice, requiring that all unauthorised activities cease before the Enforcement Notice becomes fully effective.

Question 24

What is Part L of the Building Regulations?

Answer 24

Part L of the building regulations relates to the conservation of fuel and power. covering all newly-built dwellings, as well as refurbishment to existing buildings.

Question 25

How does this impact upon development?

Answer 25

the new changes to Part L are to reduce carbon emissions by 31% for new homes through a set of reformed insulation and air tightness requirements.

Question 26

What changes to the Approved Documents apply from June 2022?

Answer 26

The changes effect Approved Document F (Ventilation) and L (Conservation of fuel and power), while also introducing Approved Document O and Approved Document S

Question 27

Why were they made?

Answer 27

On June 15 2022 the Building Regulations will be updated to improve energy efficiency in both residential and non residential buildings. These changes form part of the roadmap to the 2025 Future Homes Standard, with a primary goal to reduce carbon emissions and ultimately to reach net carbon zero emissions.

Question 28

What does Approved Document O relate to?

Answer 28

Approved Document O, sets the standards for overheating in new residential buildings.

Question 29

What does Approved Document R relate to?

Answer 29

Part R introduces a new requirement for ensuring that 'the building is equipped with a high-speed in-building physical infrastructure, up to a termination point for high-speed electronic communications networks'.

Question 30

How do transitional arrangements work when the Building Regulations are amended?

Answer 30

The Transitional Provisions mean that projects where a building regulations application was made before that date must be started on site before the 15th of June 2023 or the new regulations will apply.

Question 31

What is the Equality Act 2010 and how does it impact upon your scope of practice?

Answer 31

The Equality Act is a law which protects you from discrimination. It means that discrimination or unfair treatment on the basis of certain personal characteristics, such as age, is now against the law in almost all cases.

Question 32

Talk me through the requirements of the Modern Slavery Act 2015.

Answer 32

There are two main parts to the requirements of the Modern Slavery Act. 1. Take action to identify, prevent and mitigate modern slavery in your operations and supply chains. 2. Publish an annual statement to report on these actions – within six months of your company’s financial year-end. - Section 54 of the Modern Slavery Act 2015 requires a commercial organisation to prepare a slavery and human trafficking statement for each financial year of the organisation if its total turnover is not less than an amount prescribed by the Secretary of State.

Question 33

What are the objectives of it?

Answer 33

An Act to make provision about slavery, servitude and forced or compulsory labour and about human trafficking, including provision for the protection of victims; to make provision for an Independent Anti-slavery Commissioner; and for connected purposes.

Question 34

Talk me through your understanding of contract principles in respect of valuation terms of engagement.

Question 35

Talk me through your understanding of contamination and the polluter pays principle.

Question 36

Talk me through your understanding of the Environmental Protection Act 1990.

Question 37

Talk me through the key principles of NPPF.

Question 38

When was the NPPF last updated and what key changes were made?

Answer 38

The National Planning Policy Framework was updated on 5 September 2023 and sets out the government’s planning policies for England and how these are expected to be applied. The Government's reform proposals include making local housing targets advisory and removing the need for local authorities to continually demonstrate a deliverable 5-year housing land supply.

Question 39

Talk me through financial regulation in the UK and how this has changed in recent years.

Question 40

Who regulates the financial sector in the UK?

Answer 40

The Financial Conduct Authority (FCA) regulates the financial services industry in the UK. Its role includes protecting consumers, keeping the industry stable, and promoting healthy competition between financial service providers.

Question 41

What is the difference between contract and tort law?

Answer 41

The contract is an agreement which can be enforced in a court of law. A tort is an unjustified act or omission which results in harm to another person or property.

Question 42

What duties of care do each place on you?

Answer 42

Contracts have a duty to the specific persons. A tort is the duty to the community at large.

Question 43

What is the Localism Act 2011?

Answer 43

The Localism Act will strengthen planning authorities' powers to tackle abuses of the planning system, such as deliberately concealing new developments. As well as being able to influence planning decisions, local people should be able to feel the benefits of new development in their neighbourhood.

Question 44

What is Permitted Development (PD)?

Answer 44

Permitted development rights allow householders to improve and extend their homes without the need to apply for planning permission where that would be out of proportion with the impact of works carried out.

Question 45

Talk me through your experience of dealing with PD.

Question 46

Explain what you understand by the planning use classes.

Answer 46

Planning use classes are the legal framework which determines what a particular property may be used for by its lawful occupants.

Question 47

When were these last amended and what changes were made?

Answer 47

The planning use classes were amended on 01 September 2020. Classes A, B1 and D1, applicable to retail, office and non-residential institutions and assembly and leisure uses respectively, are removed and new use classes introduced in their place. The new Class E encompasses commercial, business and service, while the new F.1 and F.2 apply to learning and non-residential institutions and local community use respectively.

Question 48

Tell me about your experience of a legal/regulatory requirement relating to your work.

Question 49

Tell me about a current piece of case law you are aware of relating to your role.

Question 50

Tell me about a current planning policy issue you are aware of.

Question 51

Tell me about a current appeal/representation you are aware of relating to your role.

Question 52

Tell me about your understanding of the law relating to conservation areas?

Answer 52

Section 69 of the Planning (Listed Building and Conservation Areas) Act 1990 defines conservation areas as ‘areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance’ and local planning authorities have the statutory duty to identify and designate such areas

Question 53

Tell me about your understanding of the law relating to listed buildings?

Answer 53

Section 7 of the Planning (Listed Building and Conservation Areas) Act 1990 (LBCA Act) provides that, subject to the following provisions of the Act, no person shall execute or cause to be executed any works for the demolition of a listed building or for its alteration or extension in any manner which would affect its character as a building of special architectural or historic interest, unless the works are authorised.

Question 54

Tell me about your understanding of the law relating to planning policy?

Question 55

Tell me about your understanding of the law relating to S106 agreements?

Answer 55

A section 106 agreement is designed to make a development possible that would otherwise not be possible, by obtaining concessions and contributions from the developer. It forms a section of the Town And Country Planning Act 1990.

Question 56

Tell me about your understanding of the law relating to CIL?

Answer 56

The legislation providing for the introduction of the Community Infrastructure Levy (CIL) is contained in S. 205-225 of the Planning Act 2008. The CIL Regulations 2010 allow charging authorities to levy CIL on most types of new development in their areas, permitted through some form of planning permission. The planning permission identifies the buildings that will be liable for CIL; this is known as the ‘chargeable development’. CIL becomes due on the date that a development is commenced in accordance with the terms of the relevant planning permission.

Question 57

What is a listed building?

Answer 57

Listed buildings are buildings, objects or structures that have been judged to be of national importance in terms of their architectural or historic interest.

Question 58

What is a conservation area?

Answer 58

a Conservation Area is, 'an area of special architectural or historic interest, the character of which it is desirable to preserve or enhance.

Question 59

Tell me about an example of where you have applied health & safety at work practices.

Answer 59

When carrying out site inspections, I have signed in and out of the companies log book, to ensure my presence is known on site and if I have left. I applied PPE where applicable, such as steel toe capped boots and hi visibility jackets when inspecting operating industrial sites.

Question 60

Tell me about an example of where you have applied disability regulations?

Question 61

Tell me about an example of where you have applied construction design and management regulations.

Answer 61

I have not been involved in any construction work, however I would look to sensibly plan the work so the risks involved are managed from start to finish. have the right people for the right job at the right time. cooperate and coordinate your work with others. have the right information about the risks and how they are being managed.

Question 62

Explain what information you would find held on BCIS.

Answer 62

The Building Cost Information Services provides an Accurate cost analysis is essential as new procurement practices are making a targeted cost plan central to the entire construction process.

Question 63

What is the New Homes Quality Code?

Answer 63

The new homes quality code sets out the requirements that registered developers must meet.

Question 64

What time limits relate to enforcement of Building Regulations?

Answer 64

A Building Regulation application is valid for three years from the date of deposit. If you have started the works within the three years, there is no time limit to finish

Question 65

What time limits relate to enforcement of planning breaches?

Answer 65

Enforcement action must be taken within 4 years in relation to the erection of buildings, and within 10 years in relation to changes of use (unless it relates to the change of use to a dwelling), and breaches of conditions.

Question 66

What time limits relate to enforcement of planning conditions?

Question 67

What time limits relate to enforcement of unlawful changes of use?

Question 68

What is the role of the Building Safety Regulator?

Answer 68

overseeing the safety and standards of all buildings. helping and encouraging the built environment industry and building control professionals to improve their competence. leading implementation of the new regulatory framework for high-rise buildings.

Question 69

Explain your understanding of the Building Safety Act 2022.

Answer 69

The Building Safely Act 2022 is intended to improve the design, construction and management of higher-risk buildings. It came into force from 1 April 2023.

Question 70

Explain how the 'statutory waterfall' will work in relation to remediation costs for historic fire safety defects for buildings over 11m tall.

Answer 70

the duties on landlords of residential buildings considered higher-risk (that is, at least 11 metres high or 5 storeys) to remediate building defects, to ensure that the requisite safety standards required by the Act are met.

Question 71

How has the Building Safety Act 2022 extended the limitation period for claims brought under S1 of the Defective Premises Act 1972?

Answer 71

The limitation period to bring a claim under the DPA was 6 years from the date of completion of the works. This limitation period has now been extended to 30 years retrospectively for claims accruing before 28 June 2022 and to 15 years for claims accruing after 28 June 2022.

Question 72

What is a high risk building defined as under the Building Safety Act 2022?

Answer 72

Higher-risk buildings are defined as multi-occupancy residential buildings over 18 metres in height or with 7 or more storeys (HRBs).

Question 73

Who is the accountable person and what is their duties, under the Building Safety Act 2022?

Answer 73

An Accountable Person simply means an individual or organisation with a legal obligation to repair any common parts of an HRB. These are buildings with seven or more storeys or that are 18m or higher, and contain at least two residential units.

Question 74

What is nuisance?

Answer 74

a matter which is an unreasonable and substantial interference on the use and enjoyment of a person's property

Question 75

What are the requirements to take action for a nuisance claim?

Answer 75

In order to bring a claim in private nuisance, a claimant must have an interest in the land in which he asserts his enjoyment or use has been unreasonably interfered with. The claimant must possess a right to the enjoyment of the facility that is being deprived.

Question 76

What ownership requirements relate to nuisance claims?

Question 77

What is unreasonable interference defined as in relation to nuisance?

Answer 77

Unreasonable interference is use of land or property in a way which would foreseeably interfere with the claimant's quiet enjoyment of their own land.

Question 78

Explain your understanding of the Fraud Act 2006.

Answer 78

The Act provides for a general offence of fraud with three ways of committing it, which are by false representation, by failing to disclose information and by abuse of position.

Question 79

How would you decide whether to pursue a claim under tort or contract?

Question 80

What are bye laws?

Answer 80

Byelaws are local laws made by a local council under an enabling power contained in a public general act or a local act requiring something to be done – or not done – in a specified area. They are accompanied by some sanction or penalty for their non-observance.

Question 81

What is delegated legislation?

Answer 81

Delegated legislation allows for the expertise of ministers or government agencies to be utilised in making laws in specific areas. This can ensure that regulations are well-informed and based on the best available evidence.

Question 82

What is a statutory instrument?

Answer 82

Statutory Instruments (SIs) are a form of legislation which allow the provisions of an Act of Parliament to be subsequently brought into force or altered without Parliament having to pass a new Act

Question 83

Explain the key differences between civil, common and criminal law.

Answer 83

Civil law usually involves disputes between individuals or between individuals and organisations The common law is the law declared by judges, derived from custom and precedent. Criminal law relates to offences that negatively impact society as a whole, as opposed to just one person. Criminal laws are created by Parliament and set out what is deemed to be acceptable and unacceptable conduct in the UK.

Question 84

How is legislation made?

Question 85

What is the role of caselaw in the legal system?

Answer 85

Case law is the set of rulings from court judgements that set precedents for how the law has been interpreted and applied in certain cases.

Question 86

What happened in the Fearn and others v The Board of Trustees of the Tate Gallery relating to private nuisance?

Answer 86

t held that the viewing platform allowed Tate Modern visitors to cause a nuisance to the adjacent flat owners. Following an assessment of the scope of private nuisance, the court highlighted that nuisance can be caused by any means: there is no limit to what can constitute a nuisance.

Question 87

Tell me about your experience of a legal/regulatory requirement relating to a project.

Question 88

Tell me about a current piece of case law you are aware of relating to your role.

Question 89

Tell me about a current planning policy issue you are aware of.

Question 90

Tell me about a current appeal/representation you are aware of relating to your role.

Question 91

Tell me about your understanding of the law relating to conservation areas/listed buildings/planning policy/S106 agreements/CIL?

Question 92

What is a listed building?

Answer 92

Listed buildings are buildings, objects or structures that have been judged to be of national importance in terms of their architectural or historic interest.

Question 93

What is a conservation area?

Answer 93

a Conservation Area is, 'an area of special architectural or historic interest, the character of which it is desirable to preserve or enhance.

Question 94

Tell me about an example of where you have applied health & safety at work practices/disability/construction design and management regulations.

Question 95

What are the reasons for a visitor log when visiting site?

Answer 95

The reasons for a visitor log allows health and safety officers to keep track of visitors that come and go from their property. Should the fire alarm sound whilst contractors/visitors are on site, they are aware of their presence and take action if they do not report back.

Question 96

Why might earphones be required?

Answer 96

Hearing protectors are required to prevent noise induced hearing loss. Hearing protection devices reduce the noise energy reaching and causing damage to the inner ear.

Question 97

Why is it important to keep up to date with case law changes?

Answer 97

It is important to keep up with case law changes as new judgements can set new precedents over what has been previously applied. By keeping up to date with case law you can provide the most up to date advice and provide a good quality and diligent service.

Question 98

How did you explain the case law to your client in a clear way?

Answer 98

Scottish and Newcastle - I explained the basics of the case law, presenting how the current use of the property and the physical aspects differ to that of a retail and are more in line with those of a tool hire centre. Also considering comparable evidence of tool hire centres in the area, the property should be valued lower.

Question 99

Where did the Lotus case take place and is it still precedent today?

Answer 99

Lotus and delta took place