Legal and Regulatory Compliance Flashcards
(32 cards)
What is the difference between legislation and regulation?
Legislation = Laws made by a legislative body, like a parliament
Regulation = Rules made by a government agency to implement or enforce those laws
What regulatory schemes are there in the RICS?
- Valuer Registration Scheme - risk monitoring and quality assurance programme which checks compliance with the RICS Red Book
- RICS Firm Regulation
- Rules of Conduct
Where can you find the definition of a hereditament?
General Rate Act 1967
What case established the tone of the list for Council Tax?
Domblides v LO (2008)
Where is the basis of valuation for Council Tax?
The Council Tax (Situation and Valuation of Dwellings) Regulations 1992
What are the 9 assumptions for Council Tax?
(a) that the sale was with vacant possession;
(b) that the interest sold was the freehold or, in the case of a flat, a lease for 99 years at a nominal rent;
(c) that the dwelling was sold free from any rent charge or other encumbrance;
(d) except in a case to which paragraph (3) or (3A) applies, that the size, layout and character of the dwelling, and the physical state of its locality, were the same as at the relevant date;
(e) that the dwelling was in a state of reasonable repair;
(f) in the case of a dwelling, the owner or occupier of which is entitled to use common parts, that those parts were in a like state of repair and the purchaser would be liable to contribute towards the cost of keeping them in such a state;
(g) in the case of a dwelling which contains fixtures to which this sub-paragraph applies, that the fixtures were not included in the dwelling;*
(h) that the use of the dwelling would be permanently restricted to use as a private dwelling; and
(i) that the dwelling had no development value other than value attributable to permitted development.
What was the main principle that derived from the RICS PS Surveying Safely?
Safe person concept
What are the 4 core values of the Civil Service Code?
1) Honesty
2) Integrity
3) Objectivity
4) Impartiality
What Acts are there which govern sustainability?
Energy Act 2011 - MEES stemmed from this
Climate Change Act 2008
What is a composite dwelling?
Part domestic, part non-domestic (s3 LGFA 1992)
The value that should be attributed to the domestic use (Atkinson v Lord)
Reg 7 CT Situation and Valuation of Dwellings Regs 1992
Which Act governs the requirement for company accounts?
Companies Act 2006
What is Section 17 of the CRCA?
Sharing information
What is Section 18 of the CRCA?
Disclosure
What are the CT (Admin and Enforcement Regs)?
These regulations determine liability to pay for Council Tax
What is the AVD for Council Tax in England?
01 April 1991
What is the AVD for Council Tax in Wales?
01 April 2003
What case governs repair in Council Tax?
Wilson v Coll
The judgement confirmed that whether a repair was economic or not was not a relevant consideration in council tax, as it was in Non-Domestic Rating. If a vacant property was capable of normal repair, without major reconstruction or character changing work, then it would still qualify as a hereditament and thus a dwelling. Only if a hereditament exists, can the repair assumption be invoked, and the two ‘repair’ issues should not be confused.
What are the bands for Council Tax in England?
A-H
A - up to £40,000
B - £40k - £52k
C - £52k - £68k
D - £68k - £88k
E - £88k - £120k
F - £120k - £160k
G - £160k - £320k
H Above £320k
Key cases for valuing composite dwellings?
Daniels (LO) v Monmouth School 2009 - Concerned the identification of a composite hereditament.
Atkinson and others v Lord (LO) 1997 - dealt with the portion of the relevant amount to be attributed to domestic use.
What legislation was brought in after Grenfell?
Building Safety Act 2022 - This act establishes new rules for the construction, refurbishment, and occupation of high-rise residential buildings.
Fire Safety Act 2021 - This act underscores the government’s commitment to ensuring the safety of high-rise and residential buildings
Why was the building safety act important for your project?
This defined what a high rise building was - this enabled us to collate the high rise building in Wales to see which had dangerous cladding which banks were not lending on.
What is a EWS1 form?
An EWS1 form, or External Wall System Fire Review certificate, is a document that assesses the fire safety of a building’s external walls
What types of cladding are dangerous?
Aluminium Composite Material (ACM)
High-Pressure Laminate (HPL)
Metal Composite Materials (MCM)
Where will you find the valuation date for England?
Reg 6(1) of The Council Tax (Situation and Valuation of Dwellings) Regulations 1992
The value of any dwelling shall be taken to be the amount which, subject to certain assumptions, the dwelling might reasonably have been expected to realise if it had been sold in the open market by a willing vendor on 1st April 1991.
