Legal & Regulatory Compliance Flashcards

1
Q

What are the CDM (2015) Regulations?

A

The CDM (2015) Regulations are a UK wide piece of legislation which covers health, safety and welfare in the construction industry.

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2
Q

What are a clients duties under the CDM (2015) Regulations?

A

Under the regulations a client is responsible for:

  • ensure competent duty holders are appointed
  • sufficient time and resources are allocated
  • making sure relevant information is prepared (pre construction information)
  • making sure the principal designer and principal contractor carry out their duties
  • welfare facilities are provided
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3
Q

What are the principal designers duties under the CDM (2015) Regulations?

A

Under the regulations a principal designer is responsible for:

  • identifying, eliminating or controlling foreseeable risks
  • ensure designers and client carry out their duties
  • Provide relevant information to all duty holders e.g. health and safety file
  • Work with the principal contractor to plan, manage, monitor and coordinate H&S
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4
Q

What are the principal contractors duties under the CDM (2015) Regulations?

A

Under the regulations a principal contractor is responsible for:

  • Liasing with the client and principal designer
  • Preparing the construction phase plan
  • Organising cooperation between contractors and coordinating their work
  • site inductions
  • reasonable steps are taken to prevent unauthorised access
  • workers are consulted and engaged in securing their H&S
  • Welfare facilities are provided
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5
Q

What would you include withing a pre construction information package?

A
  • Project description
  • Management requirements for hoarding, welfare facilities, traffic restrictions and any permits required
  • Environmental restrictions, existing on site risks, previous H&S info, ground conditions, existing services, asbestos surveys, contamination and unsafe structures
  • Design and risk considerations e.g. risk register
  • H&S file requirements
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6
Q

What would you find in a Construction Phase Plan?

A
  • Project description
  • H&S info relating to: site inductions, training, communication, emergency procedures, welfare facilities, site rules, method statements etc.
  • Arrangements for controlling significant site risks e.g. working at height, deliveries, fall prevention, reducing noise, handling asbestos and manual handling.
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7
Q

What is an F10 notification?

A

The F10 is a form used to notify the HSE of a construction project.

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8
Q

What is included in an F10 notification?

A
  • Site address
  • Name of Local Authority
  • Project description
  • Principal contractor details
  • Indication of time allowed for works
  • Give planned start date, duration of works and average no. of operatives expected on site
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9
Q

How would you complete an F10?

A

I would use the HSE online form. Thereafter I would issue to the contractor and ask that its clearly displayed at all times in the site office for the duration of the works.

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10
Q

When is an F10 Required?

A

There are two circumstances where an F10 will be required:

  1. The project will last over 30 days AND have more than 20 operatives working on the job at any one point.
  2. The project lasts more than 500 person days.
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11
Q

What is a person day with regards to an F10?

A

A person day is any day that an operative will be working on site. For example, if there are an average of three operatives on site for 10 days, that will count as 30 person days.

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12
Q

What is a listed building?

A

A building protected under legislation due its special architectural or historical interest.

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13
Q

What is a conservation area?

A

A conservation area is an area of architectural or historic value, the character or appearance of which it is desirable to preserve or enhance

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14
Q

What is a building warrant?

A

Statutory approval form a local authority that gives you the legal permission to carry out building work.

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15
Q

When will you require a building warrant?

A

For works that include:

  • Alterations
  • Extensions
  • Conversions
  • Demolishing part or whole of a building
  • Building a new home home
  • Changing the structure of a building
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16
Q

Where would you find more information on works requiring / not requiring a building warrant?

A

Schedule 1 and Schedule 3 of the Technical Handbooks.

17
Q

What is planning permission?

A

Formal approvement for a development that is likely to impact the surrounding area.

18
Q

Do you know of any legislation relating to listed buildings and conservation areas?

A

Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.

19
Q

What are a Landlords obligations at common law in Scotland?

A
  • Give full possession of property at date of entry.
  • Once the tenant is in possession, the landlord must not do anything to deprive the tenant of their possession.
  • Warranty that premises is reasonably fir for purpose from outset.
  • Duty to keep premises watertight and in good tenantable condition during lease.
20
Q

Can you provide some case laws that affect dilapidations?

A
  • Proudfoot vs. Hart 1890 - Good tenantable repair must take into account age, character and locality of property.
21
Q

When is conservation area consent required?

A

It is required when demolishing all or part of a building in a conservation area.

22
Q

When is listed building consent required?

A

You must get listed building consent from your planning authority if you wish to demolish (all or part), alter or extend (internally or externally) a listed building.

23
Q

What are the sections of the technical handbook?

A
  • 0 - General
  • 1 - Structure
  • 2 - Fire
  • 3 - Environment
  • 4- Safety
  • 5 - Noise
  • 6- Energy
  • 7 - Sustainability