Legal / regulatory compliance

Question 1

What are Building Regulations?

Answer 1

Building regulations set the MINIMUM STANDARDS for CONSTRUCTION, DESIGN and MANAGEMENT to ensure a property is SAFE and CONMFORTABLE to live in and is ENERGY EFFICENT to minimise carbon emissions.

Compliance is required for almost all building projects.

Introduced in 1965, latest version 2010, last updated in June 2022.

Made under the powers of the Building Act 1984 and apply in England and Wales.

Question 2

How are the building regulations set out and what are some examples?

Answer 2

Split into Approved documents / parts which provide guidance on how building regulations can be satisfied. They are updated regularly.

There are 18 Approved documents in total which include:
Part A - Structure
Part B - Fire safety
Part E - Resistance to the passage of sound
Part L - Conservation of fuel and power
Part F - Ventilation
Part M - Access to and use of buildings
Part O - Overheating
Part S - Infrastructure for charging electric vehicles

Question 3

Who approves the building regulations?

Answer 3

Local authority building control department inspector
Government approved inspector
Both CARRY OUT INSPECTIONS and check for COMPLIANCE
However, the LA BC department inspector has ENFORCEMENT powers

Question 4

What is the Building Act 1984?

Answer 4

Piece of LEGISLATION that provides the LEGAL FRAMEWORK for REGULATION the CONSTRUCTION and MAINTAINANCE of buildings in England and Wales

Aims to promote high standards of building quality and safety

Updated to reflect changes to building practices, technology advances and evolving safety standards

Covers various aspects of building control including
1. Building Regulations
2. Building Control
3. Approved Inspectors
4. Building notices and regulation certificates
5. Dangerous structures
6. Enforcement

Question 5

What recent changes were made to the building regulations?

Answer 5

Amendments:
- Part L -conservation of fuel and power - requires a minimum reduction of carbon emissions by 31% in NEW BUILT HOMES compared with the previous regulations.
Focus on electrical heating systems, renewable energy sources

• Part F - ventilation - minimising the entry of external pollutants and the proper installation of ventilation systems.

Introduction
- Part O - Overheating - looks at mitigating solar gain (heating caused by direct sunlight_ and other causes such as uninsulated heating pipes, cylinders or lack of heating system controls
- Part S - Infrastructure for charging electric vehicles - EVCP properly planning and installed, allowing for active and passive facilities

Question 6

When would you not need building regs approval?

Answer 6

Certain small detached dwellings, such as a garage if it is less than 30m2 and does not contain sleeping accomodation

Question 7

What is Rights TO light?

Answer 7

Easement
Enjoying uninterrupted light without permission for 20 years or via a legal agreement expressing ROL

Remedy for loss - injunction or grant for damages in lieu of injunction

Question 8

CDM - see H&S notes

Question 9

What is CIL?

Answer 9

Community Infrastructure Levy is - a charge developers may be required to pay to contribute towards mitigating the impacts of development on infrastructure such as roads, schools and open spaces or to compensate for the benefit the development gets from using the infrastructure.

The charge will depend on the area, size and type of development set to be delivered. Some areas may have zero or low rate levys to ensure it will nor make development unviable.

A Local Planning Authority must produce a CIL “Charging Schedule” to be able to charge CIL. This is often developed alongside a CIL Local Plan and will be independently examined.

15% passed onto the parish council where the development took place
25% passed onto the parish council where a neighbourhood plan or neighbourhood development order is in place

Question 10

When does CIL become liable?

Answer 10

If a site has outline permission, CIL notice will be issued after the reserved matters
LPA will make a demand notice once development commencement and will be payable within 60 days or in line with the LPA’s installment policy

Question 11

When is CIL applicable?

Answer 11

If a development is at least 100m2
Or can be less than 100m2 if one more dwellings

Question 12

Is CIL chargeable on affordable homes?

Answer 12

CIL is not chargeable on affordable homes where a CLAIM FOR RELIEF has been submitted

Question 13

Is CIL payable on permitted developments?

Answer 13

CIL is payable but can be offset by the lawful continuous use for at least 6 months in the past 36 months (3 years) prior to the development being permitted

Question 14

IS CIL liable on parking?

Answer 14

Yes if it is underground or enclosed

Question 15

When is CIL not chargeable on a RM application?

Answer 15

If the outline permission was granted before the CIL charging schedule was adopted

Question 16

What is the difference between CIL and S106?

Answer 16

S106 and CIL are two different ways of funding infrastructure from new developments.

S106
- Planning obligations run with the land, are legally binding and enforceable.
- bespoke and negotiated agreement between the LA and the developer
- addresses site specific mitigation
- can pay for anything from:
Affordable Housing
Open Space
Public Art
New school
Land for sang
Clinics

CIL
- a standard charge based on a published tariff schedule and the square footage of the development.
- a addresses the broader impacts of the development

Question 17

What laws apply when dealing with highways?

Answer 17

S38 - Highways Act 1980 - can be used when a developer proposes to construct a new estate road for residential, industrial or general purpose traffic that may be offered to the Highway Authority for adoption as a public highway along with associated infrastructure such as drains, lighting and supporting structures.

s278 -Highways Act 1980 that allows developers to enter into a legal agreement with the local authority to make permanent alterations or improvements to a public highway, as part of a planning approval. E.g. junctions, traffic calming measures

Question 17

What are the following tests for allowing planning obligations?

Answer 17

NPPF Paragraph 57. Planning obligations must only be sought where they meet all of the following tests:
(a) necessary to make the development acceptable in planning terms;
(b) directly related to the development; and
(c) fairly and reasonably related in scale and kind to the development.

Question 17

Can you give a time where you have instructed representations?

Answer 17

Mitcham Gasworks - As part of the preparation for the planning application I reviewed the emerging local plan.

The London plan looks to achieve a strategic target of 50% affordable housing
Minimum of 35% for general developments
50% when
- public sector land and no portfolio agreement with the Mayor
- industrial site which would lead to a net loss of industrial floor space (59)

I noticed that the emerging local plan’s affordable housing policy did not make reference to Footnote 59 of the London plan which recognizes that where former utilities sites or land for transport functions are subject to substantially high decontamination, remediation and enabling costs to bring them forwards for development then a 35% affordable housing provision can be applied subject to evidence and viability evidence being available.

I identified this needed referring to in LBM’s ELP and instructed a planning consultant to submit representations to address this.

Question 17

What are representations?

Answer 17

Comments, objections or feedback submitted by individuals, organizations, stakeholders & interested parties during the consultation process of a draft local plan. Various forms.

Important to ensure that the views of the community and stakeholders are considered in the planning process and help achieve more inclusive decision making.

Question 18

What is the building safety act 2022?

Answer 18

Aims to reform the building safety legislation. Key piece of legislation that will:
- help people be and feel safer in their homes
- change the way buildings are designed, constructed and managed.

Proposals came as a direct result of the Grenfell Tragedy in 2017 which killed 72 people and Dame Judith’s Hackitt’s report in 2018 reviewing Fire Safety and Building Regulations.

The Act has six different parts:
1. Introduction
2. The regulator and its functions
3. Building Act 1984
4. Higher risk buildings
5. Other provisions about safety standards et
6. General

The act is being released in stages.

First came into force in April 2023 - introduced new duties for the management of Fire and Building Safety in high rise residential buildings

October 2023
- Duty holder responsibilities - plan, manage and monitor activities
- New building controls systems via:
The Building Safety Regulator
Safety Checkpoint Gateways at different design stages of the project
- A golden thread of information is required foe higher risk buildings
- High rise buildings - at least 18m in height or 7 storeys and have 2+ resi units

Question 19

How is the BSA enforced?

Answer 19

Enforcement policy statement release in December 2023
- stopping activities, action taken to remedy non-compliance, verbal warnings, recommending and bring prosecutions where there is a serious breach in law

Question 20

Can you give an example where you have made changes to the scheme to adhere with the BSA?

Answer 20

I commissioned an Architect to produce a feasibility scheme and stated that second staircases were required on all buildings over 30m.

Following the commission, in July 2023 the Government Michael Gove confirmed its intention to mandate second staircases in all new residential buildings over 18m within the Building Safety Act 2022. I requested the Architect to update the scheme to adhere to the new requirements.

Question 21

What is the role of the building safety regulator?

Answer 21

The main role of the BSR is to oversee the safety and performance of all higher-risk buildings.

From the 1 October 2023, developers of higher-risk buildings no longer have the option to choose whether they want to use a local authority building control or a private inspector as their building control body. This role will now automatically be undertaken by the BSR.

Question 22

What are the gateways under the BSA?

Answer 22

Gateway 1 - Land use planning matters related to fire safety - LPAs must seek
advice from HSE for relevant buildings. A fire statement for full planning applications must be provided

Gateway 2 - Building control approval for higher-risk buildings
- Will occur prior to approval on a HRB
- Cannot start construction for higher risk buildings until BSR has approved

Gateway 3 - Completion certificates
- Before occupation can take place

Question 23

What is the impact of the BSA on RICS members and firms?

Answer 23

Higher levels of competence for those taking on role as PD or PC for HRB

Golden thread of information must be kept at all times - complying with legal duties and managing building safety for HRB

The New Home Ombudsman Scheme is an independent redress scheme - where new buyers can make complaints if the developer does not deal with complaints effectively