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APC Question Pack > Legal And Regulatory Compliance - Level 1 > Flashcards

Legal And Regulatory Compliance - Level 1 Flashcards

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1
Q

What is current environmental legislation?

A

Current environmental legislation includes laws and regulations aimed at protecting the environment and public health.

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2
Q

What legislation relates to dilapidations?

A

Legislation relating to dilapidations includes building contracts and reinstatement cost assessments.

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3
Q

What responsibilities exist when providing professional advice?

A

Responsibilities include ensuring accurate advice and can be governed by written appointment agreements.

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4
Q

What law covers leasehold obligations?

A

The law covering leasehold obligations includes rules governing civil law procedure.

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5
Q

What are the statutory roles under the CDM Regulations?

A

Statutory roles under the CDM Regulations include the Principal Designer and Principal Contractor.

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6
Q

How have you applied health & safety practices?

A

An example includes adhering to construction design and management regulations.

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7
Q

What are the conditions for a project to become notifiable?

A

Conditions include the project lasting longer than 30 days or involving more than 500 person days of work.

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8
Q

Who becomes the Principal Designer on domestic properties?

A

On domestic properties, the Principal Designer is typically the designer in charge of the project.

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9
Q

What are dilapidations?

A

Dilapidations refer to the state of disrepair in a leased property that the tenant is responsible for.

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10
Q

What does ‘to put and keep’ in repair mean?

A

‘To put and keep’ in repair means maintaining the property in a good state of repair throughout the lease.

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11
Q

Can dilapidations profit the landlord?

A

Yes, dilapidations can profit the landlord if they result in financial compensation for repairs.

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12
Q

What should a dilapidations claim aim to do?

A

A dilapidations claim should aim to restore the positions of both parties to what they were at the start of the lease.

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13
Q

What is the Proudfoot v Hart case precedent?

A

The Proudfoot v Hart case established principles regarding the assessment of dilapidations.

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14
Q

What is common law and the Landlord & Tenant Act 1927 S18.1?

A

Common law refers to law developed by judges through court decisions, while S18.1 limits a landlord’s recovery for dilapidations.

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15
Q

How does a dilapidations claim work?

A

A dilapidations claim involves assessing the cost of repairs and notifying the tenant of their obligations.

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16
Q

What RICS guidance should be followed?

A

RICS guidance includes best practices for assessing and managing dilapidations claims.

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17
Q

What is the difference between a Terminal and Final Schedule of Dilapidations?

A

A Terminal Schedule is served at the end of a lease, while a Final Schedule is the last claim for dilapidations.

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18
Q

How long after the end of a lease can a dilapidations schedule be served?

A

A dilapidations schedule can typically be served within 6 years after the end of a lease.

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19
Q

What are the remedies for an Interim Schedule of Dilapidations?

A

Remedies for an Interim Schedule may include immediate repairs or financial compensation.

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20
Q

What are the possible defences for a Tenant served with an Interim Schedule?

A

Defences may include arguing that the repairs are not necessary or that the landlord has not fulfilled their obligations.

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21
Q

When can a Terminal Schedule of Dilapidations be served?

A

A Terminal Schedule can be served at the end of the lease term.

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22
Q

When is a Final Schedule served?

A

A Final Schedule is served after the Terminal Schedule, finalizing the claim for dilapidations.

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23
Q

Which type of Dilapidations Schedules are costed?

A

Terminal and Final Schedules of Dilapidations are typically costed.

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24
Q

What is the impact of the Limitation Act 1980 on a Final Schedule?

A

The Limitation Act 1980 limits the time frame within which a Final Schedule can be enforced.

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25
What documents should you consider in a dilapidations claim?
Documents include the lease, schedules of condition, and any correspondence regarding repairs.
26
What would you find in a typical dilapidations schedule?
A typical dilapidations schedule includes a list of repairs needed and their associated costs.
27
How would you provide costings in a Final Schedule?
Costings in a Final Schedule should be based on market rates for repairs and replacements.
28
Which are the most accurate source of costings?
The most accurate sources of costings include local contractors and industry-standard pricing guides.
29
What is the Surveyor’s Endorsement in a dilapidations schedule?
The Surveyor’s Endorsement is a statement by the surveyor confirming the accuracy of the schedule.
30
What is quantified demand?
Quantified demand refers to the specific amount of work required to remedy dilapidations.
31
What section of the dilapidations protocol sets out quantified demand?
Section 4 of the dilapidations protocol sets out quantified demand.
32
What timeframes apply to service of the quantified demand?
Timeframes for service of the quantified demand typically require prompt notification to the tenant.
33
Can a Terminal Schedule be served under S146?
Yes, a Terminal Schedule can be served under S146 if there is a breach of lease terms.
34
Who serves the schedule on behalf of the landlord?
The landlord or their appointed agent serves the schedule on behalf of the landlord.
35
If the landlord will not confirm they intend to do the work, what should you not do?
You should not proceed with repairs without the landlord's confirmation.
36
What is a Scott Schedule?
A Scott Schedule is a document used to outline the specifics of a dilapidations claim.
37
What is the dilapidations protocol?
The dilapidations protocol provides guidelines for managing and resolving dilapidations claims.
38
What is the typical negotiation process for a dilapidations claim?
The negotiation process typically involves discussions between the landlord and tenant to reach an agreement.
39
In a Terminal Schedule, what are the pros and cons of physical works vs damages?
Pros of physical works include restoring the property, while cons may include higher costs and time delays.
40
What remedy is available under a Final Schedule?
The remedy under a Final Schedule is typically financial compensation for the cost of repairs.
41
What remedies are available under an Interim Schedule?
Remedies under an Interim Schedule may include immediate repair orders or financial claims.
42
What is specific performance?
Specific performance is a legal remedy requiring a party to fulfill their contractual obligations.
43
When can a lease be forfeited?
A lease can be forfeited for breaches of lease terms, such as non-payment of rent.
44
When can a landlord enter a property to carry out works?
A landlord can enter a property to carry out works after giving proper notice to the tenant.
45
What is a Jervis v Harris clause?
A Jervis v Harris clause allows landlords to enter a property to carry out necessary repairs.
46
How does this relate to the Leasehold Property (Repairs) Act 1937?
It relates by providing tenants with protection against unreasonable demands for repairs.
47
How should a tenant deal with a Jervis v Harris notice?
A tenant should respond promptly and ensure they understand their rights regarding repairs.
48
What is the impact of the Leasehold Property (Repairs) Act 1937 on a landlord’s remedies?
The Act limits a landlord's ability to recover costs for repairs unless proper procedures are followed.
49
What leases does the Leasehold Property (Repairs) Act 1937 apply to?
The Act applies to long leases of residential properties.
50
What is the process for serving a S146 notice?
The process involves notifying the tenant of the breach and allowing time for remedy before forfeiture.
51
What is the application of VAT to dilapidations claims?
VAT may apply to dilapidations claims depending on the nature of the repairs and services provided.
52
How can a tenant defend a dilapidations claim?
A tenant can defend a claim by proving that the landlord failed to maintain the property.
53
What are the two limbs of S18?
The two limbs of S18 relate to the tenant's obligation to keep the property in repair and the landlord's rights.
54
How are damages assessed under S18.1?
Damages under S18.1 are assessed based on the cost of necessary repairs.
55
What cap does S18.1 apply?
S18.1 applies a cap limiting the landlord's recovery to the loss in value of the property.
56
What is the 'two lease' problem relating to dilapidations?
The 'two lease' problem arises when a tenant occupies under two leases, complicating dilapidations claims.
57
Does the tenant have to give you their asbestos management plan?
Yes, the tenant is required to provide their asbestos management plan under health and safety regulations.
58
What does each party have to do under the Control of Asbestos Regulations 2012?
Each party must manage and control asbestos risks in their respective areas of responsibility.
59
What is the latest guidance for surveying and asbestos?
The latest guidance includes updated practices for identifying and managing asbestos in buildings.
60
When was the latest guidance last updated?
The latest guidance was last updated in 2022.
61
What changes were made to the guidance?
Changes included clarifications on asbestos management and surveying techniques.
62
What do the regulations require you to do with textured coating such as aertex?
The regulations require proper assessment and management of any asbestos-containing textured coatings.
63
What are the requirements of regulation 4 under CAR 2012?
Regulation 4 requires duty holders to manage asbestos risks and maintain records.
64
What information does the current owner have a duty to pass to you during a pre-acquisition survey?
The current owner must provide information regarding any known asbestos present in the property.
65
How long can a contractor work on asbestos cement each week?
A contractor can work on asbestos cement for a maximum of 6 hours per week under regulations.
66
Is asbestos being coloured a good way to identify its type?
No, relying on color alone is not a reliable method for identifying asbestos types.
67
When can a Building Notice be used?
A Building Notice can be used for certain types of building work that do not require full plans.
68
What is the position of the Building Regulations regarding work to Listed Buildings?
Building Regulations apply, but additional permissions may be required for work on Listed Buildings.
69
What does the party wall grant the building owner?
The party wall grants the building owner rights to carry out work on shared walls.
70
What is the legislation relating to building regulations?
Building regulations legislation governs the standards for construction and safety in buildings.
71
What are the private and local authority building control processes?
Private and local authority building control processes involve ensuring compliance with building regulations.
72
What are the approved documents?
Approved documents provide guidance on meeting the requirements of building regulations.
73
What guidance should be followed for reinstatement cost inspections?
Guidance includes RICS standards and best practices for conducting reinstatement cost assessments.
74
What items should RICS consider when undertaking a cost reinstatement assessment?
Items include the condition of the property, market rates, and necessary repairs.
75
What recent case law relates to dilapidations?
Recent case law includes Pullman Foods v Welsh Ministers (2020) and Capitol Park Leeds v Global Radio Services (2020).
76
What are the planning requirements for conservation areas generally?
Planning requirements include obtaining permission for changes that may affect the character of the area.
77
What is your understanding of access and neighbouring rights?
Access and neighbouring rights relate to the legal entitlements of property owners regarding boundaries.
78
What changes to the Approved Documents apply from June 2022?
Changes include updates to safety standards and compliance measures.
79
Why were the changes to the Approved Documents made?
Changes were made to improve safety and ensure compliance with modern standards.
80
What does Approved Document O relate to?
Approved Document O relates to the requirements for overheating in new residential buildings.
81
What does Approved Document R relate to?
Approved Document R relates to the requirements for access and use of buildings.
82
How do transitional arrangements work when the Building Regulations are amended?
Transitional arrangements allow for a grace period for compliance with new regulations.
83
What precedent for party wall work was set by Shah v Power and Kyson [2022] EWHC 209 (QB)?
The case clarified the rights of property owners regarding party wall agreements.
84
What time limits relate to enforcement of Building Regulations?
Time limits typically include a 12-month period for enforcement of breaches.
85
What is the role of the Building Safety Regulator?
The Building Safety Regulator oversees compliance with building safety regulations.
86
What is your understanding of the Building Safety Act 2022?
The Building Safety Act 2022 aims to improve building safety standards and accountability.
87
How will the 'statutory waterfall' work in relation to remediation costs for historic fire safety defects?
The statutory waterfall prioritizes funding for remediation based on the severity of defects.
88
How has the Building Safety Act 2022 extended the limitation period for claims under S1 of the Defective Premises Act 1972?
The Act extends the limitation period to 15 years for claims related to building safety defects.
89
What is a high risk building defined as under the Building Safety Act 2022?
A high risk building is defined as one that is over 18 meters tall or has more than 6 stories.
90
Who is the accountable person under the Building Safety Act 2022?
The accountable person is responsible for ensuring compliance with safety regulations in high risk buildings.
91
What is nuisance?
Nuisance is an act that causes harm or inconvenience to others.
92
What requirements relate to taking action for a nuisance claim?
Requirements include proving that the nuisance is unreasonable and affects the claimant's enjoyment of property.
93
What ownership requirements relate to nuisance claims?
Claimants must have a legal interest in the property affected by the nuisance.
94
What is unreasonable interference defined as in relation to nuisance?
Unreasonable interference is defined as actions that significantly disrupt the use and enjoyment of property.
95
What is your understanding of the Fraud Act 2006?
The Fraud Act 2006 defines various forms of fraud and establishes penalties for offenders.
96
How would you decide whether to pursue a claim under tort or contract?
The decision depends on the nature of the harm and the relationship between the parties.
97
What are bye laws?
Bye laws are local laws enacted by a local authority to regulate specific issues within its jurisdiction.
98
What is delegated legislation?
Delegated legislation is law made by an individual or body under powers given to them by an Act of Parliament.
99
What is a statutory instrument?
A statutory instrument is a form of delegated legislation that allows the provisions of an Act to be brought into effect.
100
What are the key differences between civil, common, and criminal law?
Civil law deals with disputes between individuals, common law is based on judicial precedents, and criminal law involves prosecution by the state.
101
How is legislation made?
Legislation is made through a process of proposal, debate, and approval by Parliament.
102
What is the role of caselaw in the legal system?
Caselaw provides precedents that guide judicial decisions in future cases.
103
What happened in the Fearn and others v The Board of Trustees of the Tate Gallery relating to private nuisance?
The case addressed the issue of whether the gallery's operations constituted a private nuisance to nearby residents.
104
What legal or regulatory issues relate to replacement windows?
Issues include compliance with building regulations and planning permissions for alterations.
105
What are rights of light?
Rights of light refer to a property owner's entitlement to receive natural light through their windows.
106
What RICS guidance relates to rights of light?
RICS guidance provides standards for assessing and managing rights of light issues.
107
What is a key principle of this Professional Standard?
A key principle is to ensure fair and equitable treatment of all parties involved in rights of light matters.
108
How does the rights of light protocol work?
The protocol outlines procedures for assessing and resolving rights of light disputes.
109
What does Approved Document T relate to?
Approved Document T relates to the requirements for telecommunications in buildings.

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