Legal/Regulatory Compliance Flashcards
(235 cards)
1
Q
What are the Building Regulations?
A
- Building Regulations are provided under the Building Act 1984 and apply in England and Wales.
- They exist to ensure the health and safety of people in and around buildings.
- They also provide for energy conservation, and access to and use of buildings.
2
Q
When do Building Regulations apply?
A
Building Regulations apply to all ‘Building Work’ which is defined in Regulation 3 of the Building Regulations.
This includes the:
- Erection of a new building
- Extension of a building
- Material alteration of a building
- Installation, alteration of a controlled service or fitting
3
Q
What are approved documents?
A
Practical guidance on ways to comply with the Building Regulations.
4
Q
Can you name me some of the approved documents?
A
Part A: Structure
Part B: Fire Safety
Part C: Site preparation and resistance to contaminants and moisture
Part D: Toxic substances
Part E: Resistance to the passage of sound
Part F: Ventilation
Part G: Sanitation, hot water safety, and water efficiency.
Part H: Drainage and waste disposal
Part J: Heat producing appliances and fuel storage systems
Part K: Protection from falling, collision, and impact.
Part L: Conservation of fuel and power
Part M: Access to and use of buildings
Part N: Glazing (impact, opening and cleaning)
Part O: Overheating
Part P: Electrical safety
Part Q: Security
Part R: High-speed electronic communication networks.
Part S: Infrastructure for charging electrical vehicles.
Approved document 7: Materials & Workmanship
5
Q
How would you get building regulations approval for a project?
A
Through a Registered Building Inspector.
This can be achieved through the local authority or registered Building Control Approvers.
6
Q
What is the difference between Local Authorities and Approved Inspectors?
A
- Local authorities are responsible for ensuring work complies with the Building regulations.
- Approved Inspectors are approved by the Secretary of State to inspect, supervise and authorise building works.
7
Q
Why did you select to use an approved inspector?
A
- Because they are generally seen to be more responsive and open to giving advice.
- Local authority cuts have resulted in understaffed Building Control departments generally.
8
Q
Are there any timeframes involved with the appointment of an approved inspector?
A
- Approved inspectors need to serve an initial notice on the council.
- This must be validated 5 working days before the project commences.
9
Q
Who is responsible for ensuring compliance with the Building Regulations?
A
There is a duty for all duty holders to ensure they have complied with Building Regulations.
- The person carrying out the building work /and commissioning that works have a responsibility for compliance.
- However, the owner of the building would be served with an enforcement notice if the work does not comply with the regulations.
10
Q
What are the 2 types of Building Regulations Application?
A
Building Notice
- For the use of minor works.
- No formal approval is given but the process is quicker.
Full Plans
- This must be used for any type of building work including offices, factories, shops, etc.
11
Q
What documentation do Building Control provide?
A
- Plan Certificate
- Final Certificate
Building Control review the initial plans to approve the proposed works comply with Building Regulations and provide a ‘Plan Certificate’.
Following completion of the works, a ‘Final Certificate’ will be issued if the actual works comply with Building Regulations.
12
Q
What are enforcement options are available under building regulations?
A
LA will issue a formal notice to detail the breaches with timescales to rectify.
Enforcement Notice:
If timescales were not achieved the Local Authority may serve an enforcement notice on the owner requiring them to alter or remove work which contravenes the regulations (section 36 of the 1984 Act). Failure to comply can result in prosecution via the magistrates court or fined.
Direct Action:
If the owner still does not comply with the notice the local authority has the power to undertake the work itself and recover the costs of doing so from the owner.
Offending work can now be made up to 10 years after the event under the BSA.
13
Q
Are you aware of any recent changes to Part B of the building regs?
A
– Enhancing the ban on combustible materials used in and on the exterior walls of buildings.
– This was extended from apartment buildings and hospitals to include hotels, hostels and boarding homes.
14
Q
Are you aware of any recent changes to Part F of the building regs?
A
– Re-naming the ventilation methods.
– These were previously referred to as Systems and then alternative means if required.
– Extract ventilation must be used in areas of increased humidity or pollution, such as an extractor fan over an oven and purge ventilation.
– All replacement windows should be equipped with trickle vents.
15
Q
Are you aware of any recent changes to Part L of the building regs?
A
– The amount of glazing to extensions (+Part O: Overheating).
– The requirement to install wastewater heat recovery to all showers.
– Heating systems flow temperatures to be no more than 55 degrees.
– Solar PV and/or Low Carbon Heating technologies to be installed.
16
Q
What are the new duty holder roles for Building Regulations?
A
Client
Principal Designer
Designers
Principal Contractor
Contractors.
17
Q
Give 4 examples of work where planning permission is required?
A
- New build construction.
- Extensions that are not a permitted development.
- Change of use that is not a permitted change of use.
- Increase in the height of a fence adjacent to a highway above 1m in height.
18
Q
What would you include in a planning application?
A
- Name of client /agent
- Site address
- Details of the works
- Details of proposed materials
- Plans and elevation drawings
- Design and access statement.
19
Q
What is the timeframe for planning consent?
A
8 weeks from the validation of the application.
Consent may take up to 12 weeks depending on complexity /LA workload.
20
Q
What recourse if planning was rejected?
A
- Planning decisions can be appealed via an online form stating the reasons for the appeal with evidence.
- They can be appealed in the courts or to the Secretary of State within 6 months of decision.
21
Q
What enforcement action can be taken with Planning?
A
- Planning contravention notice requires the owner to provide information.
- Entry to the land or property with 24 hours notice to investigate breaches.
- Enforcement Notice requesting the breach be remedied.
- Stop Notices can be issued.
22
Q
Is there a limit as to when enforcement actions can be taken for planning permission?
A
- 10 years from completion of works.
- Except for change of use to a single dwelling house which is 4 Years from completion of the works.
23
Q
Are you aware of any recent changes to planning legislation?
A
Government’s latest broadening of permitted development rights on 21 May 2024 focused on agricultural buildings.
Changing from agriculture to dwellings or commercial use
Yes, there have been some changes in the planning system following the Covid-19 pandemic to streamline the development process.
These include:
– Permitted development rights expansion: Allowing single-storey domestic extensions from 4m to 8m (for detached houses) and from 3m to 6m (for all other houses through a prior approval route.
– Change of Use amendment: Dissolved several use classes and introduced a new broad class E to make it easier for premises to change their use (shops, cafés, restaurants etc.) without having to apply for planning permission.
– Planning in Principle
Despite the changes, I would always consult with the respective local authority to confirm.
24
Q
What is National Planning Policy Framework?
A
-This sets out the Government’s planning policies for England and how these are expected to be applied.
- The NPPF is designed make the planning system less complex and more accessible, to protect the environment and to promote sustainable growth.
25
What are the policies behind the NPPF?
- Sustainable development
- Community decision Making
- Town centre Renewal
- Housing
26
What is a listed building?
- A building of special architectural or historic interest.
- As a result, the building has been placed on the Statutory List of Buildings of Special Architectural or Historic Interest.
27
How is a building listed?
- Through an application form online to English Heritage.
- The applicant does not need to be the owner o the building.
- English Heritage assesses buildings put forward for listing or de-listing and provides advice to the Secretary of State on the architectural and historic interest.
- The Secretary of State, who may seek additional advice from others, then decides whether or not to list or de-list the building.
28
Under what legislation is a building listed?
The Planning (Listed Buildings and Conservation Areas) Act 1990.
29
What classes of listed building are there?
There are three types of listed status for buildings in England and Wales:
- Grade I: buildings of exceptional interest,
- Grade II*: particularly important buildings of more than special interest.
- Grade II: buildings that are of special interest, warranting every effort to preserve them.
30
Why are buildings listed what is the criteria?
The criteria for listing include architectural interest, historic interest and close historical associations with significant people or events.
The criteria include:
- Age and rarity: The older a building is, the more likely it is to be listed. All buildings erected before 1700 that will be listed.
- Aesthetic merits: The appearance of a building.
- National interest: Those that represent a nationally important but localised industry such as mills, castles etc.
31
What part of the building is listed?
The listing protection applies to the whole building (external and internal).
Buildings fixed to the listed building.
Building within the curtilage of the building even if they are not fixed.
32
Define the curtilage of a listed building?
Buildings constructed before 1 July 1948 that fall within the curtilage of a listed building are treated as part of the listed building and therefore approval must be sought before altering.
The effect of a proposed development on the setting of a listed building is a material consideration in determining a planning application.
Setting is defined as “the surroundings in which a heritage is experienced”.
33
How can a listed building be de-listed.
In the same way as it is listed an application is made to English Heritage and they advise the secretary of state who makes the decision.
34
When would you need to apply for listed building consent?
A listed building may not be:
- Demolished
- Extended
- Altered
Without special permission from the local planning authority.
35
What is the process of gaining listed building consent?
From validation of application most authorities aim to have decision within 8 weeks although they can take as long as 12.
36
What Enforcement Action Can be Taken if a listed building is falling into disrepair?
Section 215 Notices (Town & Country Planning Act 1990):
Local planning authority have the power to take steps requiring land to be cleaned up when its condition adversely affects the amenity of the area.
Urgent Works Notices:
Served where works are urgently necessary for the preservation of a listed building.
Mainly to do with maintaining structural integrity and weather tightness.
Allows for works to be undertaken by the LPA and the cost recovered from the owner.
Repairs Notices:
This Repairs Notice can lead to compulsory purchase of a property by the planning authority if repairs are not carried out.
Works undertaken under a repairs notice are long-term repairs to put and keep a building in good repair.
37
What Enforcement Action can be taken when a Listed Building Consent has been breached?
- Unauthorised works to a listed building is a criminal offence which could result in an unlimited fine or imprisonment (2 years).
- Enforcement notice may be served to reverse the works.
38
Is there a time bar on Listed Building Consent enforcement like with planning?
There is no time limit for listed building consent.
39
What is asbestos?
Asbestos is a fibrous form of several naturally occurring silicate minerals.
40
Why was asbestos used in buildings?
- Sound absorption
- Insulation
- Fire and heat resistance
- Affordability.
41
What are the three main types of asbestos?
- Chrysotile – White
- Crocidolite – Blue
- Amosite - Brown
42
Where is asbestos likely to be found?
- Corrugated concrete roof sheets.
- Insulation board.
- Pipe Lagging.
- Tiles.
43
Why is asbestos dangerous?
Breathing in asbestos fibres can lead to:
- Asbestosis (scarring of the lung)
- Lung cancer
- Mesothelioma (cancer of the lung lining)
44
When was asbestos used in construction?
- Used extensively between the 50’s and early 70’s.
- Blue and brown asbestos banned in 1985
- White asbestos was banned in 1999.
45
Which forms of asbestos have a higher potential for fibre release?
High
- Sprayed coatings
- Loose fill
- Lagging.
Medium
- Asbestos Insulation Board
Low
- Asbestos cement
- Decorative paints and plasters.
46
What regulations apply to Asbestos and what duties do these regulations impose and on whom?
Control of Asbestos Regulations 2012 (CAR) (under the Health and Safety at Work Act 1974)
Requires the duty holder to manage asbestos in non-domestic premises.
Every person has a responsibility to cooperate with the duty holder in complying with his duties.
47
Who is the dutyholder under CAR 2012?
- The dutyholder responsible for the management of asbestos in non-domestic premises.
- CAR 2012 states this is every person who, by virtue of a contract or tenancy, has an obligation for the repair or maintenance of those premises.
48
Does CAR 2012 cover residential properties?
- The regulations do not apply to domestic premises (private dwelling in which a person lives).
- However, legal precedents have established that common parts of flat (i.e. the entrance foyers, corridors, lifts, staircases, etc.) are not part of a private dwelling.
49
Under CAR 2012; What should the dutyholder do?
- Take reasonable steps to determine the location of materials likely to contain asbestos.
- Make and maintain an asbestos register identifying the location of the ACMs
- Assess and monitor the condition of ACMs
- Produce a management plan to assess the risk of exposure of ACMs and measures necessary to manage the risk.
50
What guidance has the HSE produced in relation to asbestos?
L143: Approved Code of Practice: Managing and Working with Asbestos (CAR 2012).
51
Who can undertake an asbestos survey?
A competent /qualified surveyor who must have:
- Sufficient training
- Qualifications
- Experience
Accredited by organisations such as ISO 17020
52
What are the types of asbestos surveys?
Management Survey
- To locate (as far as reasonably practical) the presence of ACMs in the building and assess their condition.
- It usually involves some sampling but is not intrusive.
- Will also involve presuming the presence and absence of ACMs.
Refurbishment and Demolition Survey
- Required before any refurbishment or demolition work is carried out.
- The survey will be fully intrusive and involve destructive inspection.
- Samples will be taken for analysis.
53
What types of samples are taken during an R&D survey?
- Bulk sample: Suspect ACMs are taken and analysed by a laboratory technician.
- Air testing: this is a collection of fibres using a filter which is then examined to count the number of fibres.
54
What is included within the asbestos report?
- Executive summary
- Introduction and scope of works
- General site information
- Survey results
- Conclusions and actions
- Sample results
55
What is an asbestos register?
It is a live document and should be revised should the dutyholder remove or encapsulate any asbestos, find new areas of asbestos or the current asbestos deteriorates.
56
What is an asbestos management plan?
- The management plan should include the asbestos register.
- Identify the person responsible for ACM management.
- Timetable for implanting the plan
- Monitoring arrangements
- Emergency actions in the event of asbestos fibre release
- Mechanism for informing employees and visitors the location of the ACMs and the risks.
57
How do workers protect themself when removing ACM's?
By wearing impervious overalls, respirators with appropriate filters, hygiene facilities for decontamination, showers etc.
58
Describe the disposal process for asbestos?
- Consult with the disposal authority.
- Asbestos was stored within special sealed skips.
- Maintain strict system of records with consignment notices and disposal tickets.
59
Asbestos; What paperwork should the licensed contractors provide?
- Insurance certificates
- Training records of the operatives.
- Air monitoring results
- Maintenance records of the equipment
- Consignment notices / disposal tickets
60
Is a license required for all asbestos works?
No, not all work with asbestos material requires a licenced contractor.
This depends on the materials worked on and the type of work to be done.
There are three categories of asbestos works, these are:
– Licensed Works: Higher risk ACM’s (sprayed coatings, lagging and insulation board).
– Notifiable non-licensed works: Works that does not require a licence but the HSE must be notified; for example, encapsulating ACM’s in good condition.
– Non-licensed works: Lower risk ACM’s such as asbestos cement and textured decorative coatings.
Any work with asbestos must be done with care and compliance with the Control of Asbestos Regulations 2012 to prevent exposure to asbestos.
If in doubt consult with professional asbestos consultants.
61
How are the HSE notified about the asbestos works?
- The licensed asbestos contractor submits a form to the HSE 14 days prior to the commencement of the works.
- The form includes details on the proposed work, a suitable plan of works, equipment specification and copy of the license.
62
What lease clauses would consider when considering a tenant’s dilapidations liability?
The demised premises, clauses such as reinstatement, repair, redecoration, yield up, statutory obligations, fees
63
What are the types of dilapidations schedule?
Interim Schedule – Claims during the term
Terminal Schedule – Claims near the end of the term
64
Up to what point can you serve an interim dilapidations schedule?
An interim schedule can be served up to 3 years before the end of the lease term.
Between 3 years and the end of the lease term, a terminal schedule has to be served.
65
What remedy can be sought from claims at the end of the term?
Damages is the only remedy that can be sought at the end of the term
66
What remedies can be sought from claims during the term?
- Damages
- Forfeiture
- Entry to carry out the repair followed by a claim for costs.
- Specific performance
67
How can you go about limiting a dilapidations claim?
Schedule of condition prior to lease commencement.
Reviewing the lease covenants to assess the tenant’s liability.
Assess the costs for exaggerated items.
Also determine any possibility for using s18 arguments.
68
Describe the two limbs of section 18 of the Landlord and Tenant Act 1927?
Limb 1: Diminution of the reversion
Damages for the breach of the repairing covenant shall not exceed the amount by which the value of the premises is diminished owning to the breach.
Limb 2: Supersession
No damages shall be recoverable if the premises are to be significantly altered to such an extent that they render the repairs valueless
69
In terms of Dilapidations, if you were acting on behalf of the Landlord what various inspections/reports could you prepare?
- Interim, Terminal or Final Schedule of Dilapidations
- Schedule of condition
- Condition survey in relation to breaks
70
If a client asks you to act on his behalf in a dilapidations situation, what questions would you ask?
- Are you landlord or tenant? Who is the landlord/tenant?
- At what stage in the lease is it/What is the current situation?
- Is it a full repairing and insuring lease or an internal repairing lease only?
- Can I have a copy of the lease and any associated documents licences to alter, licences to assign, schedule of condition etc?
- How can I arrange access?.
71
What does ‘Without Prejudice’ mean, when would you use it and would you send everything without prejudice?
By stating “Without Prejudice,” negotiations can be entered into openly and potentially without the fear of anything that is said during the negotiations being used in evidence at a trial, should the negotiations fail.
There must be a dispute.
The content of the communication must be a genuine attempt to settle the dispute.
72
Dilaps; What is the difference between express and implied obligations?
Express terms are terms that have been specifically agreed within the contract.
Implied terms are terms that are not mentioned within the contract but apply to it either by statute or the courts.
73
What relationship does a schedule of condition have to a schedule of dilapidations?
A Schedule of Condition may be agreed between the Landlord and Tenant at the commencement of a lease. This will usually be a document with photographic evidence of the condition of the property at the outset, which can be attached to the lease and limit the Tenant's repairing liability, depending upon the wording of the lease.
74
When advising clients on an exit strategy for dilapidations – what are their options?
Negotiating a financial settlement in lieu of works.
Tenant undertakes the works ahead of lease expiry.
Landlord undertakes the works following lease expiry and recovers the cost from the tenant.
75
Windermere Golf Club; What is the purpose of a building reinstatement cost assessment?
To provide accurate costs for the reinstatement of the buildings and structure in the event of a total loss.
This was needed for setting the correct sum insured for the property insurance policy.
76
Windermere Golf Club; How did you confirm the clients brief?
I confirmed the client's brief through a detailed discussion with them.
I reviewed the purpose of the assessment, the key areas to focus on during the inspection, and established their expectations in terms of timelines and format of the report.
77
Windermere Golf Club; Why did you check if this was for insurance purposes and not valuation and how did you verify this?
– I confirmed that the reinstatement cost was for insurance purposes during the initial instruction to ensure I was acting within my level of competence.
– If a valuation was required an RICS registered valuer would have been required.
I requested formal written clarification from the client.
I studied their insurance policy in detail to understand the nature of coverage and ensure that the assessment aligned with the expectations of the insurers.
78
Windermere Golf Club; RCA What is the base date and why is this important?
The current reinstatement cost at today’s date, or Day One of the insurance policy.
It is important for the client to understand that the reinstatement cost is valid for that specific base date and costs may increase over time due to inflation or other factors.
I always confirm the base date in writing to the client ensures clarity regarding the point in time at which the cost data apply.
79
Windermere Golf Club; What observations did you make during your inspection of the club house?
During my inspection, I noted its general condition and state of repair.
I observed the types of materials used and any modifications made to the original structure.
80
Windermere Golf Club; What was included within your report?
– The report included a brief description of the property, noting its location, size, and use.
– It provided details of the building construction.
– The methods used in the assessment.
– A comprehensive breakdown of the reinstatement costs.
– The report concluded with a recommendation for the sum to be insured for.
81
Windermere Golf Club; How did you measure the building?
I determined the determine the GIFA measurements of the building in accordance with the RICS Code of Measurement Practice 6th Edition.
If the property would have been residential /office I would have reffered to the RICS Property measurement professional statement in accordance with IPMS 2.
I am there has since been the implementation of IPMS all buildings/
82
Windermere Golf Club; What role did BCIS play in your assessment?
The Building Cost Information Service was instrumental in providing **relevant and updated cost information.**
I relied on it for accurate costs of various construction elements and for adjusting the prices as per locality and base date.
83
Windermere Golf Club; What were the specific inclusions and exclusions of the report?
I made it clear that costs included demolition and site clearance, professional fees, and costs related to compliance with current Building Regulations.
Exclusions were for any costs associated with land value and VAT on professional fees.
84
What items did you consider when preparing the building reinstatement cost assessment?
- Site clearance
- Building foundations
- Erection of the replacement building
- Installation of Electrical & Mechanical Services
- Professional Fees.
85
Windemere Gold Club; What made this instruction a challenge?
– I reviewed the asbestos register before my site inspection which identified ACM’s to the club house.
– I included an uplift to the cost of demolition due to higher disposal costs.
– I consulted with a senior member of staff for guidance on this.
86
Are there any RICS documents relating to BRCA’s?
Yes the RICS Professional Standard on reinstatement cost assessments 3rd edition 2018.
It is advised by the RICS that re-assessments of the reinstatement costs should be made on a regular basis. This would typically comprise an annual desktop assessment in order to reflect inflationary effects and a full review and assessment every three years.
Or following any event that would materially affect the reinstatement costs of building, such as extensions or significant alterations.
87
What is a Schedule of Condition?
A schedule of condition is a factual record of the condition of a property.
This typically involves detailed photographs and a written report outlining the condition of the property at a specific point in time.
The schedule of condition details the state of repair and any defects before the commencement of a lease to potentially limit liability to provide a comparative condition of the property at the end of the lease term.
This could save the tenant from a costly dilapidation claim to put the property back to a condition better than the initial condition.
88
Are there different types of schedule of condition and when would you use each one?
Full descriptive Schedule of condition
– Full description of building elements together with condition.
– Photographic references to each item.
– Maximises client protection.
Photographic Schedule of condition
– Photographs only
– Including itemised breakdown of each room with photo reference
– Including reference plan
– Often a cheaper alternative and may be beneficial for newly built premsis with little disrepair.
89
What prompted you to conduct initial research about the barn at Whitewell?
– I always carry out desktop research before my inspections.
– My understanding of the local area and the historical significance prompted me to conduct initial research.
90
Burholme Farm; How did you carry out your desktop research?
- I reviewed the National Heritage List for England (NHLE) to identify the buildings history and significance.
- From this, I identified the adjacent farmhouse was a Grade II listed building.
- I reviewed the Historic England advise note 10 for further guidance on identifying the curtilage of listed buildings specifically farm buildings.
- I viewed the site via google maps and identified the site layout and the close proximity and link between the farmhouse and the barn.
91
Burholme Farm; What was the findings from your site visit?
– The general condition of the barn
– It’s close connection with the farm house and local landscape.
92
Burholme Farm; Why did you consider the agricultural link between the barn and the farmhouse was important?
The agricultural link supported the barn's historical significance and local context.
Preserving this connection was important to preserve the area's agricultural history.
93
Burholme Farm; What details did you discuss with the local authority?
– The proposed project scope and condition of the barn roof.
– The historical significance of the farmhouse and close association with the barn.
– The efforts that would be made to preserve it during the proposed work.
94
Burholme Farm; Why did the barn require listed building consent when it wasn’t listed?
Structures that pre-date 1948 and are within a curtilage of a listed building are to be treated as part of the listed building.
95
Burholme Farm; Define the curtilage of a listed building?
The curtilage is any area of land or other buildings that is around and associated with that principal building.
96
Burholme Farm;What did you consider when assessing whether the barn was within the curtilage of the farmhouse?
– Physical layout of the listed building.
– The historical ownership at the date of listing.
– The use or function of the relevant buildings.
97
Burholme Farm; What was your reasoning behind that replacing the roof would have a positive impact on the barn and principal buildings appearance?
Re-roofing the barn would not only help preserve it structurally but would also enhance its aesthetic.
The replacement slate was in line with the original style which maintained the historical integrity of both the barn and principal building.
98
Burholme Farm; What kind of details did you include within the Heritage Statement?
I justified the proposal against the significance of the listed building.
The heritage statement included the barn’s historical context, its architectural significance, and how our proposed changes considered these aspects and aimed to reinforce the barn's character.
99
Burholme Farm; How did you assess the condition of the roof and the site layout?
The condition of the barn could be seen from ground level and with the aid of a pole mounted camera I took photographs at high level.
I also viewed the roof internally which was several areas of daylight and associated damp staining.
100
Burholme Farm; Were the damp-stained timbers replaced? How did this effect the listed building consent?
The timbers were assessed in full once the roof covering was removed.
Isolated repairs were undertaken involving piecing in new timber to match the existing which was constituted as an in-situ repairs and did not require Listed Building Consent.
101
What did your listed building consent application include?
– Application Form
– Description of proposal
– Ownership certificate: Legal declaration confirming ownership of the property under the Town & Country Planning Act 1990.
– Location Plan & Site Plan
– Existing and Proposed drawings
– Design & Access statement: To demonstrate that the proposal can be adequately accessed by prospective users. Explaining how the design proposal helps preserve the historic significance.
– Heritage Statement: Explaining the impact of the proposal on the significance of the building.
102
What if your client didn’t want to get Listed Building Consent, what would your advice have been? Would you still act?
I would advise the client that carrying out works to a listed building without consent is a criminal offence under the Planning Listed Buildings and Conservation Areas Act 1990,
I would make them aware of the legal and financial implications (unlimited fine and or imprisonment)
103
Burholme Farm; Would your advice have been different if Grade 1?
Ultimately, Listed Building Consent is required for all works that would affect the character of the building considering the architectural or historic interest.
The advice for a Grade I listed building may vary due to the differences in their significance.
104
Burholme Farm; What is a physical separation and why would this be relative?
The setting of structures around the listed building could contribute towards the heritage significance.
A physical separation could be a road or boundary wall etc.
105
Burholme Farm; What was the agricultural link between the farmhouse and barn, how did you determine this?
At the date of listing the farmhouse and barn was under the same ownership and remained under the same ownership.
I considered the designed relationship and the historical significance.
To determine this, I reviewed the official listing and local archives for details of ownership making the connection and link between the barn and farmhouse.
106
Burholme Farm; Why did you only advise that it would be likely to require Listed Building Consent, did you not know this was needed?
It is for the local authority to reach the conclusion whether or not the building is within a particular curtilage.
107
Burholme Farm; You provided a site plan; how did you do this and why?
Through OS Maps to provide the Local Authority with enough information to assess the site layout.
108
Burholme Farm; You justified the barn roof was in need of repair; why did it need re-roofing?
I advised my client that it would not be economical to repair the existing roof covering given the extent of repair required caused by nail fatigue the covering and fixings required replacement.
109
Burholme Farm; How replacing the roof covering have a positive impact on the appearance of the principle building?
The barn was in a poor state of repair and was damaging to the visual appearance of the farmhouse.
Replacing the roof slate with a like-for-like slate enhanced the appearance of the farmhouse.
110
Burholme Farm; Were there any conditions of the LBC?
Yes, a sample of the slate was required.
I subsequently provided a slate sample and formally discharged the conditions.
111
Burholme Farm; What other considerations did you have when replacing the roof of a barn?
Given the location of the barn with suitable surrounding habitat. I appointed an Ecologist to undertake a bat survey.
It was found that bats were present and the barn offered good hibernation potential.
No winter working was allowed due to the hibernation period between November and February.
112
What are bats protected under?
Wildlife and Countryside Act 1981.
113
Salterbeck Trading Estate; What was the scope of your role as Project Manager for the roof replacement scheme?
I assisted the Principal Designer and carried out contract administration duties.
114
Salterbeck Trading Estate; What type of work did the roof replacement scheme involve?
The work involved removing the old asbestos-containing roof, ensuring safe disposal of materials, and then installing a new, eco-friendly roofing system in compliance with current regulations.
115
Salterbeck Trading Estate; What duties under the Control of Asbestos Regulations 2012 did you advise the client of?
As a dutyholder, the client was required to:
- Determine whether asbestos is present;
- Provide information to others who are likely to disturb the asbestos.
116
Salterbeck Trading Estate; Can you explain the importance of an R&D survey?
A refurbishment/demolition survey is crucial for identifying the presence of any asbestos within the structure.
It helps in planning measures for its handling, mitigation, and removal, and is an important step in maintaining workplace safety.
117
Salterbeck Trading Estate; What stage in the process was the R&D survey carried out?
The refurbishment/demolition survey was carried out before any work commenced, as it was essential to identifying any hazardous materials present and planning their safe handling and disposal.
118
Salterbeck Trading Estate; What was the relevance of including the R&D survey in the tender pack?
Including the refurbishment/demolition survey in the tender pack is vital as it helps the bidding contractors to adequately price for the work and plan for the safe management and disposal of any hazardous materials.
119
Salterbeck Trading Estate; Were the works licenced works?
No, the works required removal of asbestos cement sheets that were found to contain Chrosotile.
This was considered low risk and therefore not licenced works to the HSE.
The works were relatively low intensity and air measuring procedures were put in place.
120
Salterbeck Trading Estate; How did you ensure the legal and regulatory compliance of the project?
– Closely monitoring every phase of the project
– Regularly communicating with all stakeholders
– Ensuring all materials and processes used adhered to relevant safety guidelines and regulatory standards.
121
Salterbeck Trading Estate; What were the main challenges of this project?
The main challenges were to safely store and dispose the asbestos material from the old roof taking into consideration the location of the site on a trading estate which was open to the public.
I managed this by ensuring the asbestos was stored in specialist sealed skips and that no debris were left on or around the site at any point.
The skip was located within the working area that was secured by Hetas fencing and locked each night.
122
Salterbeck Trading Estate; What other advice did you provide to the client in relation to the roof replacement scheme?
I advised the client that the works were notifiable under the CDM Regulations and I submitted an F10 form to the HSE on their behalf.
123
Salterbeck Trading Estate; How did you ensure that the roof replacement scheme was compliant with the Control of Asbestos Regulations 2012?
Ensured the R&D survey was commissioned before works commenced.
I visited site regularly to ensure safety procedures were being followed such as the asbestos being stored correctly once removed.
I also requested copies of the air testing certification to document these tests were being carried out.
124
Salterbeck Trading Estate; What advise did you give the client about their duties under Regulation 4 of the Control of Asbestos Regulations 2012?
I advised the client of their duties to take reasonable steps in finding out if any materials contained asbestos.
I advised the client to commission a refurbishment and demolition survey to be included within the tender pack.
125
Salterbeck Trading Estate;Why did you think an R&D was required?
I considered the age of the building (pre-2000) and therefore the client required to provide under CAR 2012.
126
Salterbeck; How were the works monitored to control the asbestos removal?
- Asbestos sheets were stored in special sealed skips.
- Periodic air testing before, during and after the work: this is a collection of fibres using a filter which is then examined to count the number of fibres. (Regulation 20)
127
What is Regulation 4 of the Control of Asbestos Regulation 2012?
The duty to manage asbestos in non-domestic premises.
128
What was your advice on their duties under CAR Reg 4?
I advised the client that they must:
- Take reasonable steps to find out if there are materials containing asbestos.
129
What is Regulation 7 of CAR 2012?
Plan of work.
The duty to identify and manage asbestos (management plan).
130
What other guidance is available to support CAR2012?
L143: Approved Code of Practice for Managing and Working with Asbestos (CAR 2012).
RICS Professional Standard: Asbestos
131
What legislation relates to party walls?
The Party Wall etc. Act 1996
132
What is the The Party Wall etc. Act 1996?
The Act provides a framework for preventing or resolving disputes in relation:
- party walls
- party structures
- boundary walls
- excavations near neighbouring buildings
133
The Party Wall etc. Act 1996 - what does the etc mean?
This refers to the provisions of the Act that deal with other matters such as adjacent excavations (which are not to do with party walls)
134
What are the key sections of the The Party Wall etc. Act 1996?
Section 1: New building on line of junction
Section 2: Repair works to party wall
Section 6: Adjacent excavation and construction
135
What are the key sections of the The Party Wall etc. Act 1996?
Section 1: New building on line of junction
Section 2: Repair works to party wall
Section 6: Adjacent excavation and construction
136
What are the key sections of the The Party Wall etc. Act 1996?
Section 1: New building on line of junction
- Constructing walls either on or astride the line of junction (legal boundary between owners)
Section 2: Repair works to party wall
- Repair works to a party wall.
- Insert DPC.
- Cutting into party wall.
Section 6: Adjacent excavation and construction
- Excavation for a new building or structure.
- Excavations within a distance of 3 metres measured horizontally from an adjoining owner.
137
What is a party wall?
The Act recognises two main types of party wall.
Party wall type A
A wall that astrides the boundary of land belonging to two (or more) different owners.
Party wall type B
A wall is also a “party wall” if it stands wholly on one owner’s land, but is used by two (or more) owners to separate their buildings.
An example would be where one person has built the wall in the first place, and another has built their building up against it without constructing their own wall.
Walls that are not Party Walls:
These may include boundary walls (a fence wall/garden wall built wholly on one owner’s land) and external walls (the wall of a building built up to but not astride the boundary).
138
What is a “party structure” under the party wall act?
A “party structure” could be a wall or floor partition separating buildings or parts of buildings approached by separate staircases or entrances for example flats (see diagram 5).
139
Under the Party Wall Act: if a building owner wants to build a party wall or party fence what do they have to do?
Serve notice at least one month before the works start on the adjoining owner to describe their intentions.
I would see Section 1 of the party wall act for more information.
140
What happens if the adjoining owner doesn’t consent to a party wall notice?
The adjoining owner can refuse a party wall agreement within 14 days of serving the notice.
If your neighbour refuses a party wall agreement, they may issue a counter-notice where they ask for changes to the plans. (Working hours /quieter method of work)
You are now classed as being in dispute as your neighbour has refused your party wall agreement.
You must not carry on with building work if your neighbour refuses a party wall agreement. If you proceed with works, your neighbour can serve an injunction to stop the job until the disagreement has been resolved.
141
What would you consider under Section 2 of the Party Wall Act?
This section relates to repairs of a party wall.
I would consider whether the planned work might have any possible consequences for the structural strength and support of the party wall or cause damage to the Adjoining Owner’s side of the wall.
Minor works such as fixing shelves, nails, screws, picture hooks, wall sockets etc is works that do not require a notice.
142
What are Sections 3, 4 & 5 of the Party Wall Act?
Section 3: Party Structure Notices
Section 4: Counter notices
Section 5: Disputes arising under section 3 & 4
143
What if a neighbour ignores a party wall notice?
If not response is received within 14 days you need to issue another, and they have 10 more days to respond.
If no reply is received then the building owner's surveyor has the power to appoint a suitable surveyor to act on behalf of the neighbour and to represent them.
This allows both surveyors to negotiate an Award agreement detailing the terms and conditions in which the works can be undertaken.
144
What are some of the legislation changes to building control?
Only the Building Safety Regulator will be able to act as the building control authority for higher-risk buildings in England.
A statement, signed by each dutyholder (client, PD & PC) confirming they have fulfilled their duties.
Demonstrating Competence: in accordance with BS 8670 Built environment. Core criteria for building safety in competence frameworks.
145
What are the responsibilities of dutyholders under the new Building Control regime?
Have arrangements and systems in place to plan, manage and monitor both the design work and the building work to ensure compliance with building regulations;
Cooperate with other dutyholders, coordinate their work, and communicate and provide information to other dutyholders;
Ensure they and those they appoint are competent (have the necessary, skills, knowledge, experience and behaviours)
146
On what basis was the Reinstatment Costs assessment undertaken?
On a ‘Day One Reinstatment’ basis.
This is how much it would cost to rebuild the property on the first day of the insurance period, excluding inflation.
147
Windermere Golf Club; what did you report include.
- Description of the building /construction
- Inclusions (demolition, professional fees, staturoy fees)
- Exclusions (land value, fixtures and fittings)
- The rounded total figure (to simplify for insurers to calculate premiums)
- Base date
- Photographs
- Floor plan
148
How did you calculate the re build cost at Windermere Gold Club?
I determined the GIFA by measuring to the to the internal face of the perimeter walls.
I multiplied the m2 by a rate for its reconstruction obtained through BCIS.
149
What is net rebuilding cost?
The total cost of completely rebuilding the property.
This may also include costs such as demolition and professional fees.
150
Talk me through your inspection at Windermere Golf Club?
- I started off with a general walk round to assess the extent of the building matched the brief /information provided.
- I assessed the age of the building.
- Considered site restrictions for demolition /re building. (semi-detached with adjacent property need shoring).
- Deletorius materials increasing the cost of demolition (review asbestos register).
- Considered specialist features requiring an extra over cost for (ornate stonework).
- I then took photographs, notes and measurements (GIFA).
151
How often should you undertake Reinstatement Cost Assessments?
- Annually to reflect inflation effects (desktop exercise).
- Major review /re-assessment every 3 years.
- Following significant alterations.
152
What are Reinstatement Costs based on?
- The event of total loss
- Substantial damage requiring demolition /rebuilding.
153
Windermere Golf Club; what did you confirm prior to your instruction?
- Confirm the RCA is for insuarnace purposes not valuation.
- Confirm the extent of what the landlord needs to insure. (check lease agreement /previous insurance documents).
- Confirm in writing the extent of the property included in the assessment.
- Confirm the base date for the forthcoming renewal
154
Burholme Farm; When was the farmhouse listed and why would this be relevant?
Farmhouse listed in 1983.
Any building within the curtilage of a listed building that formed part of the land before 1948 is protected under the Planning (Listed Buildings and Conservation Areas) Act 1990).
155
What are the key stages of a Building Regulations process?
- The intial notification is submitted to building control **two working days** before works start.
- Notification is then submitted no more than **five working days** after the commencement of work (once 15% of the work is complete).
- Completion: Once the project is complete, you must notify the relevant authority within **five days working days**.
The relevant authority then has eight weeks to issue a completion certificate to confirm that the project complies with relevant requirements.
156
Are you aware of any documents relating to competence requirements under the BSA / new Building Control regime?
Competence standards for Building Regulations include:
- PAS 8671: Building Regulation Principal Designers
- PAS 8672: Building Regulation Principal Contractors
Both will soon be a British Standard (framework).
Informs you of targets for competence.
157
Can you be appointed as PD under CDM and PD under Building Regulations?
Yes, if the appointment is made in writing by the client and you are competent to fullfill the roles.
158
Why were the Building Regulations updated?
Following the Grenfell tower tragedy the Building Safety Act introduced secondary legislation to update Building Regulations.
* Assign accountability for compliance.
* Increased requirement for competence.
159
How has the new Building Control Regime affected you in your work?
There has been no change to the actual building regulations this has been a change of regime to assign accountability for compliance; for example;
The PD and PC are responsible for signing off on the design work and all the building work.
I always act within my level of competence and wouldn’t take on an instruction I wasn’t comfortable with.
160
Who is a contractor under Building Regulations?
A ‘contractor’ is ‘any person who, carries out, manages or controls any building work.
161
Who is a designer under Building Regulations?
A ‘designer’ is ‘any person who has control over the design work.
This includes; arranging /instructing, any person to carry out design work under their control.
162
Under Building Regualitons; What happens if a client fails to appoint dutyholders?
The client is responsible for carrying out other duties on top of their own.
If other dutyholders’ contracts come to an end before the project has concluded, a client may also find itself responsible for carrying out other duties on top of its own.
163
Who is a ‘client’ under Building Regulations?
A ‘client’ is ‘any person for whom a project is carried out.
There is also a ‘domestic client’ which would apply to a home owner extending there home (not a commercial client) who are protected although still have duties which are less onerous. Where there is only one contractor, the duty is the contractor’s by default.
164
What are dutyholders under Building Regulations?
Dutyholders are individuals or corporate bodies with legal duties.
1. client
2. designer
3. contractor
4. principal designer
5. principal contractor
One person can take on more than one dutyholder role. For example, principal dutyholders do just that: they have designer or contractor duties, with additional principal dutyholder obligations on top.
165
What has changed with the Building Regulations?
Introducing the Buiding Safety Regulator to act as the building control body for HRRB.
Secondary legislation implemented under the Building Safety Act has amended the Building Regulaitons to:
* Introduce new dutyholder roles.
* Insist dutyholders have adequate competence.
166
Salterbeck; What was the outcome of the R&D survey?
The cement sheets to the roof were found to contain Chrosotile.
167
What was the purpose of the R&D survey at Salterbeck?
To locate and identify the presence of ACM’s so workers are not exposed to asbestos related health risks.
In accordance with the Control of Asbestos Regulations 2012.
R&D survey carried out in accordance with the HSE guidance document HSG264
168
Can you tell me a bit about the MEES Regs?
The MEES regulations make it unlawful to let a Private Rented property with an EPC rating below an E.
The government implemented the regulation to achieve the UKs targets for decarbonisation.
This is subject to exemptions which must be registered online.
The Government intends to raise the minimum rating to C by 2030 and is currently consulting on how to implement this.
Previous action for this was overturned due to the cost of living crisis.
169
Are MEES for domestic or commercial?
MEES Regulations apply to both domestic and non-domestic properties in England and Wales.
There are certain exemptions such as:
- Places of worship
- Temporary buildings (expected lifespan of less than 2 years)
170
What is the risk of asbestos?
- When disturbed, airborne fibres are released.
- The fibres can get lodged in the lining of the lungs causing disease and death.
171
Salterbeck; How was the asbestos managed?
The asbestos (chrysotile) roof sheets were stored in sealed skips and disposed of by an experienced contractor in accordance with CAR 2012.
The Asbestos was is classified as special waste, and, under special waste regulations (2005)
The waste was disposed of at a site licensed by the Environment Agency.
172
What enforcement action can be taken if you don’t obtain LBC?
This is a criminal offence which can hold:
- Up to 2 years in prison
- Unlimited fine
173
What is asbestos?
Asbestos is a group of fibrous silicate minerals.
All types of asbestos was banned in 1999.
When the fibres are air bourne they become lodged in the lungs and cause asbestos related diseases and death.
174
What are Approved Code of Practice?
Recommended methods to comply with legislation.
175
Can you tell me some of the sections you are aware of in the Control of Asbestos Regulations 2012?
Regulation 4: Duty to manage asbestos in non-domestic premises
Regulation 5: Identification of the presence of asbestos
Regulation 6: Assessment of work which exposes employees to asbestos
Regulation 7: Plan of work
176
Salterbeck; what regulations did you advise your client of in relation to the asbestos removal?
Their legal responiblity under the Control of Asbestos Regulations 2012.
Regulation 5: Requires the duty holder to identify the presence of asbestos and its type and condition before any building works begin.
The client also has a duty to provide any information relating to asbestos (asbestos surveys or registers) under Regulation 4 (Duty to manage).
177
Under what regulation under CAR 2012 requires asbestos training?
Regulation 10: Information, instruction and training.
178
What is the Control of Asbestos Regulations?
The regulations place legal duties on the people responsible for managing asbestos in non-domestic properties.
They set minimum standards for the protection of people who may be affected by exposure to asbestos in the building.
179
What is considered licencable works under CAR 2012?
Where a licence is required which is issued by the HSE.
Where the exposure to asbestos is not:
* Sporadic
* Low intensity.
* Below the control limit.
180
Was the works at Salterbeck licensable?
No, the works were notifiable non licenced works.
The sheets were in fairly good condition and not badly damaged.
I am aware that if asbestos cement sheeting is badly damaged a risk assessment would be required to determine if a licence is required.
Note: this would be carried out by the asbestos consultant.
181
Why are asbestos cement sheets considered less dangerous?
Asbestos cement sheets commonly comprise a mixture of chrysoltile and cement.
Asbestos fibres are firmly bound into the cement and not readily made air borne. (Like it does with asbestos insulation)
182
What is defined as “short duration work” under Control of Asbestos Regulations 2012?
It is not short duration if in any 7 day period
* the work takes more than 2 hours or
* Any person carries out that work for more than 1 hour.
183
Salterbeck: How did you identify that the contractor was trained and competent to undertake the works?
Although the works were non-licensed a HSE Licensed contractor was used.
Found via the UKATA website /list for licensed contractors
184
When are works with asbestos notifiable non-licencesed works?
Works that do not require a licence (removal of asbestos cemement sheets.)
BUT; the risk of fibre release is higher if the condition is poor.
185
What are the penalties for not complying with Building Regulations?
This is committing an offence under Section 35: Building Act.
Enforcement Action may be taken to remove the works. Should the owner fail to comply within 28 days with this notice, the Authority may carry out the work and charge the cost to the owner.
The previous limit was 12months from completion now its 10 years (S39).
A person guilty of an offence under this section is liable:
- Imprisonment up to two years
- Fine
- Or both
186
What is the difference between Approved Codes of Practice and British Standards?
Approved Codes of Practice: Legal Status, approved by HSE with endorsement from the Secretary of State.
British Standards: British Standards are voluntary and not a legal requirement, but if products don't comply with standards, they can be unfit for purpose and dangerous.
187
Did the Barn Roof at Burholme Farm require Building Regulations?
Agricultural buildings for keeping animals are exempt if they are not used as a dwelling.
188
What is a Heritage Impact Assessment?
Assessment of the significance of possible impacts from proposed development.
This is a requirement under local planning policies and paragraph 189 of the National Planning Policy Framework (NPPF).
189
What measures were put in place to protect the workers from asbestos exposure at Salterbeck?
Control Methods were applied:
- Controlled wetting of ACM's
- Removal of the whole sheets intact minimising breakages.
- Suitable PPE including overhauls and Respiratory Protective Equipment
- Air testing at regular stages as advised by the asbestos consultant.
190
Salterbeck: Who appointed the asbestos R&D Survey and how were they chosen?
The client appointed the Asbestos Consultant who was UKAS accredited.
(United Kindgom Accreditation Service)
Client Duty under Regulation 5 (identify the presence, type and condition of ACM’s prior to works)
191
What Is Listed Building Consent?
This is a type of planning control, which protects buildings of special architectural or historical interest.
To protect against demolition, alteration or extension of a listed building in any manner likely to affect its character as a building of special architectural or historical interest.
192
What is a Listed Building?
Statutory designation due to the buildings architectural or historic significance.
193
What if works were to start to a listed building without consent?
It is a criminal offence to carry out work that needs listed building consent without obtaining it beforehand.
It is not possible to make an application for “outline” listed building consent.
Section 8(3) of the LBCA Act 1990 enables an application for listed building consent to be made after work to a listed building has taken place.
However, work is only authorised from the actual date the consent is given, so anyone carrying out works that would affect its character prior to this can still be prosecuted.
194
What does the term listed building include?
- The building itself
- Any object or structure fixed to it
- Any object or structure that has been within the curtilage of the building since 1948
195
Why are buildings listed?
Buildings are listed to help protect the physical evidence of our past.
Historic buildings also add to the quality of our lives, being an important aspect of the character and appearance of our towns, villages and countryside.
196
What are the criteria for a building having listed status?
Architectural interest: buildings of importance because of their design.
Historic interest: buildings which illustrate an aspect of the social, economic, cultural or military history
Historic association: buildings that demonstrate historical association with nationally important people or events.
Group value: buildings that form part of an architectural ensemble, such as squares, terraces or model villages
197
What is The National Planning Policy Framework (NPPF)
This sets out the government’s planning policies for England and how these are expected to be applied.
198
What do you need to do to comply with the Work at Height Regulations 2005?
The Regulations apply to all work at height, where there is risk of a fall liable to cause personal injury.
They place duties on employers, and those who control any work at height activity (such as facilities managers or building owners who may contract others to work at height).
199
Under the Work at Height Regulations; what must you ensure?
* all work at height is properly planned and organised
* those involved in work at height are competent
* Risks are assessed, and appropriate work equipment is used.
* The risks of working on or near fragile surfaces are properly managed.
* Equipment used for work at height is properly inspected and maintained
200
How do you decide if someone is 'competent' to work at height?
You should make sure that people with sufficient skills, knowledge and experience are employed to perform the task, or, if they are being trained, that they work under the supervision of somebody competent to do it.
In the case of low-risk, short duration tasks involving ladders, competence requirements may be no more than making sure employees receive instruction on how to use the equipment safely (eg how to tie a ladder properly) and appropriate training
201
How do you determine if a ladder is right for the job?
When a risk assessment has shown that protection is not justified because of the low risk and short duration of use.
Short duration is not the deciding factor if acceptable or not – I would first considered the risk.
You should only use ladders in situations where they can be used safely, eg. will be level and stable.
202
Whats considered short duration for working at height?
15-20min no longer than 30min.
Short duration work means tasks that are measured in minutes rather than hours.
203
What legislation is the Work at Height Regulations under?
Health and Safety at work Act 1974
204
What is the hierarchy of working at height under the Work at Height Regulations?
1. Avoid working at height
2. Ensure people working at height are properly trained and supervised
3. Select work equipment that prevents falls
4. Ensure equipment is suitable, stable & strong
5. Regularly check and maintain equipment
6. Provide necessary PPE and protection from falling objects
7. Ensure the working environment is safe
8. Plan for emergencies and rescues.
205
What Legislation are you aware of in relation to Asbestos?
The main legislation relating to asbestos in non-domestic premises the Control of Asbestos Regulations 2012
- COSHH (relevant to works in a domestic situation)
- Health & Safety at Work Act 1974
- CDM 2015
- RIDDOR (reportable for accidental release of fibres)
206
What is UKAS?
United Kingdom Accreditation Service.
Accreditation body in the UK to asses competence of organisations providing testing. (such as asbestos)
207
If asbestos fibres were released what would you do /who would you contact?
- Stop works immediately.
- Evacuate
- Prevent Access
- Report incident to the HSE under RIDDOR as a dangerous occurrence.
208
Who is a duty holder under CAR 2012?
- Owner of the building or
- Person who has the responsibility to maintain or repair through an agreement.
209
How would you identify the presence of asbestos in a building?
- Desk-based review of existing information: Asbestos register.
- Asbestos Management Survey /R&D Survey.
210
What if an area can't be accessed during the asbestos survey?
Any areas not able to be inspected must be assumed to contain asbestos.
211
Whats the greatest cause of work related death?
- Exposure to asbestos
- Falls from height
212
Why was asbestos used?
- Cheap
- Fire resistance properties
213
Can you explain the different types of Asbestos Survey?
Management Survey: Inspecting all accessible areas for managing asbestos in a non-domestic building.
Refurbishment and Demolition Survey: This will be more intrusive and targeted for the planned works.
Asbestos Management Plan /register: Always in use and under review. Updated list of all ACM’s with floor plans and photographs. Condition.
214
How would an R&D survey be carried out on a listed building taking into consideration the opening up /sampling required?
I would consider both the statutory requirements for the conservation of listed buildings and the health and safety of managing asbestos.
The two statutory requirements need to be considered in proportion without one prevailing the other.
Any asbestos management work should only be undertaken after consultation with both conservation officer and asbestos management specialist.
215
What should an asbestos register include?
* Location of ACM’s
* Condition at last inspection
* Exposure risk assessment
* Risk management actions
216
What should an asbestos management survey include?
* Duty holder details
* How to access the register
* Routine condition checks
* Procedures to prevent disturbance
* Requirements for risk assessment /plan of work on working with asbestos
217
What are some asbestos diseases?
* Asbestosis (scarring of the lung)
* Lung cancer
* Mesothelioma (type of cancer)
218
What services do you use on BCIS for RCA’s?
Rebuild Online service: Building Cost Information Service (BCIS).
219
RCA: What is ‘day one reinstatement’
The declared value on the first day of the period of insurance.
Including appropriate allowances for Demolition and other costs Professional and Statutory Fees.
220
What advice would you give a client who is insistent on carrying out works without planning permission?
I would advise against this but it would be at the risk of the client.
If there was a planning breach, a retrospective application may be needed which could require opening up works /costing more money.
This could result in expensive appeals against an enforcement notices.
221
Is it illegal to build without planning permission?
Carrying out works without planning permission is not a criminal offence (unless this is a listed buildings, demolition in a conservation area).
However, planning authorities have powers to put any breaches right, by way of enforcement.
222
What are the requirements for preparing Listed Building Consent under the NPPF?
The NPPF requires applications for listed building consent to:
‘Describe the significance of any heritage assets affected’
‘The level of detail should be proportionate to the assets’
223
What did you consider when preparing the LBC?
- The history, form and materials of the listed building
- Work out whether the proposal would harm that special interest
- Consider alternatives which avoid or minimise any harmful impacts on special interest
- Justify any remaining harmful impacts
224
Salterbeck; What was included the risk assessment?
- Working with asbestos
- Working from height (scaffold /netting installed)
- Movement of vehicles
- Unothorised access to scaffold /site security
225
How did you ensure legal compliance at Salterbeck? What was your advise?
Compliance with Control of Asbestos Regulations 2012.
I advised Building Regulations application was required as more than 25% of the roof was being replaced requiring upgrading the thermal elemant.
The new roof covering was insulated with a maximum U-Value of 0.16 in accordance with Part L.
226
Did the roof replacement at Salterbeck require Building Regulations?
Yes an application is required if you're renovating 25% or more of the roof because it is a 'thermal element'. (classed as major renovation under b’regs)
227
Did the roof replacement at Burholme Farm require Building Regulations?
No, the building was expempt from building regulations as this was an agricultural building used for animals.
228
Burholme Farm & Salterbeck need planning permission?
No.
The roof coverings did not exceed the height or pitch of the existing roof.
229
Are you aware of any updates to Part B? Can you elaborate?
Part B updates take effect on 30 September 2026.
- New recommendation for more than one common stair to be provided in blocks of flats with a storey 18m or more in height.
- Building design provisions to support the use of evacuation lifts in blocks of flats.
230
Are you aware of Approved Document T? Can you explain your understanding?
Approved Document T: Toilet Accomodation (October 2024)
Applies to buildings other than dwellings.
It does not apply to schools, custodial facilities or en-suite toilets provided in individual hotel rooms or care homes.
Provides guidance on the size, layout, fittings and equipment of universal toilets and single-sex toilets and ambulant options for single-sex and universal toilets.
(Inclusive Design)
Ambulant Disabiltiy: Person able to walk unassisted but may have a wide range of disabilities who are not regular wheelchair users. (eplipcy, cancer etc.)
231
Do you have to follow Approved Documents to comply with Building Regs?
There may be other ways to comply with the requirements.
If requirements are met in some other way than described in an approved document, this should be agreed with building control at an early stage.
232
Whats the purpose of Building Regulations?
Building Regulations protect the:
- Health and safety of people in and around buildings
- Provide for energy and water conservation; and
- Access to and use of buildings.
233
How is construction regulated in England?
Building Work must comply with the Building Regulations 2010.
The Building Regulations are made under powers in the Building Act 1984.
234
Are you aware of any recent updates to Part M? Can you elaborate?
Changes to Volume 2 (Buildings other than dwellings) take effect on 1 October 2024.
- Reference to Approved Document T for specific toilet accommodation for ambulant disabilities.
235
Are you aware of any RICS documents on Asbestos?
RICS Professional Standard: Asbestos 4th Edition 2021
This professional standard summarises the principles for complying with the duties contained in The Control of Asbestos Regulations 2012
