Legal/ Regulatory Compliance (L3) Flashcards
(113 cards)
1
Q
What is Building Regulations Part A? What does it cover?
A
Structure
- A1 Loading
- A2 Ground Movement
- A3 Disproportionate Collapse
2
Q
What is Building Regulations Part B?What does it cover?
A
Fire
Volume 1 - Dwellings
Volume 2 - Other than Dwellings
- B1 Means of Warning an Escape
- B2 Internal Fire Spread (linings)
- B3 Internal Fire Spread (structure)
- B4 External Fire Spread
- B5 Access and facilities for the fire service
3
Q
What is Building Regulations Part C?What does it cover?
A
Site Preparation and Resistance to Contaminates and Moistire
C1 Site preparation and resistance to contaminants
C2 Resistance to moisture
4
Q
What is Building Regulations Part D?What does it cover?
A
Toxic Substances
D1 Cavity Insulation
5
Q
What is Building Regulations Part E?What does it cover?
A
Resistance to Sound
E1 Resistance to sound from other parts of the building and adjoining buildings
E2 Protection against sound within a dwelling-house etc
E3 Reverberation in the common internal parts of buildings containing flats or rooms for residential purposes
E4 Acoustic conditions in schools
6
Q
What is Building Regulations Part F?What does it cover?
A
Volume 1 - Dwellings
Volume 2 - Other than Dwellings
F1 Means of Ventilation
7
Q
What is Building Regulations Part G?What does it cover?
A
Sanitation, hot water safety and water efficiency
G1 Cold water supply
G2 Water efficiency
G3 Hot water supply and systems
G4 Sanitary conveniences and washing facilities
B5 Bathrooms
G6 Food preparation areas
Water efficiency calculator for new dwellings
8
Q
What is Building Regulations Part H?What does it cover?
A
Drainage and Waste Disposal
H1 Foul water drainage
H2 Wastewater treatment systems and cesspools
H3 Rainwater drainage
H4 Building over sewers
H5 Separate systems of drainage
H6 Solid waste storage
9
Q
What is Building Regulations Part J?What does it cover?
A
Combustion appliances and fuel storage systems
J1 Air Supply
J2 Discharge of products of combustion
J3 Warning of release of carbon monoxide
J4 Protection of building
J5 Provision of information
J6 Protection of liquid fuel storage systems
J7 Protection against pollution
10
Q
What is Building Regulations Part K? What does it cover?
A
Protection from falling, collision and impact
K1 Stairs, ladders and ramps
K2 Protection from falling
K3 Vehicle barriers and loading bays
K4 Protection against impact with glazing
K5 Additional provisions for glazing in buildings other than dwellings
K6 Protection against impact from and trapping doors
11
Q
What is Building Regulations Part L? What does it cover?
A
Conservation of fuel and energy
Volume 1 - Dwellings
Volume 2 - Other than Dwellings
L1 Conservation of fuel and power
L2 On-site generation of electricity
12
Q
What is Building Regulations Part M? What does it cover?
A
Volume 1 - Dwellings
Volume 2 - Other than Dwellings
M1 Access to an use of buildings
M2 Access to extensions to buildings
M3 Sanitary conveniences in extensions
13
Q
What is Building Regulations Part O? What does it cover?
A
Overheating
O1 Overheating mitigation
14
Q
What is Building Regulations Part Q? What does it cover?
A
Security - Dwellings
Q1 Unauthorised access
15
Q
What is Building Regulations Part R? What does it cover?
A
Infrastructure for Electronic Communications
16
Q
What is Building Regulations Part S? What does it cover?
A
Infrastructure for the charging of electric vehicles
S1 The erection of new residential buildings
S2 Dwellings resulting from material change of use
S3 Residential buildings undergoing major renovation
S4 Erection of new buildings which are not residential buildings or mixed-use buildings
S5 Buildings undergoing major renovation work which are not residential buildings or mixed-use buildings
S6 The erection of new mixed-use buildings and mixed-use buildings undergoing major renovation
17
Q
What is Building Regulations Part T? What does it cover?
A
Toilet Accommodation
T1 Toilet accommodation
18
Q
What is a g-value?
A
- Solar energy transmittance
- Solar gain calculation can be found in Part L to reduce the need for AC in the summer
- Shows glazing area recommended for space reference for east facing side
- Maximum full width to a height of 1000mm
19
Q
What is Building Regulations Part P? What does it cover?
A
Electrical Safety
P1 Design and installation of electrical installations
20
Q
What is the purpose of the Party Wall Act?
A
- Prevent building works that could damages shared walls or neighbouring properties
- Balance the right of a property owner undertaking works and the rights of the adjoining owner
21
Q
Which types of building works are covered by the Party Wall Act?
A
- Works that are carried out directly to an existing party wall or party structure
- New building works that is on the boundary line between properties
- Adjacent excavations within 3 to 6 meters, depending on depth
22
Q
What is a Party Wall?
A
- A wall is a party wall if it is the boundary of land belonging to two or more different owners
- A wall that is wholly on one owners land but is used by two or more owners to separate their buildings
23
Q
What is required by a property owner before starting works that fall under the Party Wall Act?
A
- To serve a Party Wall Notice
- To comply with the Award
To Inlcude
- The property owners and adjacent owners name and address
- The type of party wall notice and description of the works being carried out
- Drawings
- Required to be served 2 months before starting the works, 1 month for excavations
24
Q
What is a Party Wall award, and when is it needed?
A
- A legal document that details how the works should proceed
- Contain conditions and precautions
- Outline how the costs will be shared
- Required when works proposed fall under the Party Wall Act
25
Who is responsible for the costs associated with a Party Wall Notice and Award?
- Usually the owner undertaking the works
26
What rights does the act give to property owners regarding access to neighbouring properties?
- Must give 14 days notice and neighbour must allow access
- Can get access sooner if it’s an emergency
- Not to disrupt neighbours use or their property
- Only carry out works detailed in the Act
- Any damage or
27
What rights does the act give to property owners regarding access to neighbouring properties?
- Must give 14 days notice and neighbour must allow access
- Can get access sooner if it’s an emergency
- Not to disrupt neighbours use or their property
- Only carry out works detailed in the Act
- Any damage or inconvenience is rectified or compensated
28
What is the role of the Party Wall Surveyor?
- To act in the interest of both properties and owners
- To serve notices under the Party Wall Act
- To consider construction methods and technologies to provide leaks risk and disruption to protect adjacent property
- Undertake a condition survey pre and post works
- Liaise with the adjoining owners surveyor if required
- To prepare a Party Wall Award
29
Can a property owner carry out work without complying with the Act, what are the consequences?
- No, they cannot as it would be illegal to do so
- Adjoining owner has a right to seek injunction from the court to stop the works from continuing until the legal requirements for the Act are met
- Consequences are legal, cost, reputation, practicality
30
How does the Party Wall Act handle disputes if the adjoining owner does not respond to the notice?
- If after 14 days there is no response, this is automatic dissent and a dispute has arisen
- The adjoining owner must appoint their own surveyor
- Both surveyors must agree on an ‘Agreed Surveyor’
31
What should be included in the Party Wall Notice served to the adjoining owner?
- A notice including both of the property owners names, addresses
- The section of the Party Wall Act which the notice is being served under
- Description of the work
- Details of any safeguarding or associated protection, or making good works being proposed to protect their property
- Accompanied with drawings
- Instructions on how to proceed
32
What / who is Sports England?
- Government backed agency for promoting and supporting grass sports and physical activity
- Funding grants
- Encourage participation
- Improving sports infrastructure
- Promoting inclusivity and diversity
- Research and development
33
Why did you consult Sports England?
- To aid and support planning application
- Save time for consultation period
- To understand acceptable methods at design stage
- To aid the design
34
What does Sports England stipulate?
1. Increasing participation in sports
2. To provide sports facilities
3. Youth engagement, disability sport
4. Building sustainable and long-term impact
35
Are there any other building control bodies you could use?
- Local authority building control
- Approved inspectors
- Department for Education
36
What is the purpose of the Building Act 1984?
- Framework for Regulation of Building Work
- Legal basis for the creation and enforcement of Building Regulations
- Ensure safety of people using the building
- Minimise the risk of incurring damage from fire, electrical faults, or structural failure
- Promote energy efficiency and environmental sustainability
Sections and Enforcement
- Local authorities and approved inspectors given power to enforce regulations
- Can issue fines or demand contractors if building works fail to comply
37
What are the penalties for non-compliance with Building Regulations
Building Act 1984
- Local authorities and approved inspectors given power to enforce regulations
- Can issue fines or demand contractors if building works fail to comply
38
What work typically requires planning permission?
- New buildings or extensions
- Advertisement / signage
- Works in a conservation area
- Works to trees protected by TPOs
- Change of use or change in appearance / materials
- Structural alterations
- Householder planning applications
- Consult with local planning authority to confirm whether planning applications is required
39
Why might you not need planning permission?
- Smaller extensions, works fall under permitted development rights
- Internal refurbishment works
- General maintenance
- Temporary structures, I.e up to 28 days
40
What’s the relevant planning legislation?
- Town and Country Planning Act 1990
41
What types of planning application are you aware of?
1. Full Panning
- Detailed planning
- Comprehensive plans and documents
- New housing or commercial buildings
- Large or complex extensions
- Change of use
2. Outline Planning
- Basic principles of the proposal
- For developers seeking approval of the concept of the build or proposal
3. Householder Planning Consent
- Extensions, conversions, garages
4. Advertisement Consent
5. Listed Building Consent
6. Consent under TPOs
7. Lawful development certificate
8. Non-material amendment
42
Hive - What type of planning application did you prepare?
- Full planning application
- Special school and reception could be seen from the public highway
43
Hive Planning - What information did you have to submit?
- Site location plan
- Block plan
- Existing and proposed plans and elevations
- Design and access statement
- Online planning application form
44
What advise did you give regarding timescales on determination?
- Usuallt can expect up to 8 weeks for determination
45
Shipston asbestos - What other due diligence did you do of the contractor prior to appointment?
- Verify UKAS accreditation
- Check insurance cover
- Past experience and case studies
- Risk assessment and method statement
46
When does notice generally need to be served under the Party Wall Act?
- When a property owner intends to undertake excavations in proximity of adjacent owners
- When property ownder intended to carry out construction works directly to a party wall or party structure
- When property owner intends to construct a new structure along or astride of a party wall boundary line
47
Keepmoat - Was there a single adjoining owner?
- No - there were owners to the opposite side of the development and following assessment, it was deemed only a notice was required to one adjoining owner
48
Talk me through the two parts of Section 6
Adjacent Excavations (1)
- When the property owner intends to undertake adjacent excavations within 3m and below the adjacent owners foundations
Adjacent Excavations (2)
- When the property owner intends to undertake excavations within 6m and below a 45 degree angle from the lowest point of the adjacent owners foundation
49
Building Regulations / Planning - When required, how to appoint, and what are their responsibilities?
Planning
- Required for new builds / major extensions and extensions where there is a 50% increase on the existing building footprint, non-material amendment, change of use or materials, structural alterations, works to listed buildings, works in conservation area, works to trees with TPOs, demolition works
- Local Planning Authority
- To ensure the works fall within the legislation of the Town and Country Planning Act 1990 and local planning requirements
Building Regulations
- Required for all building extension works other than general refurbishments or decorations
- If works affect its structure, safety, health, or energy efficiency
- Can be either LABC or Approved Inspector
- To ensure Building Works are in compliance with the Building Regulations and adhere to the regulation of the Building Act 1984
50
When is a project notifiable to the HSE?
Guidance: CDM Regulations 2015
- Outlines a notification is required to be submitted and is a duty of the client if;
- Works are expected to last for 30 consecutive days and have more than 20 workers on site at any given time
- If works exceed 500 person days
51
Building Control - Explain their role?
- Consult with LABC or Approved inspector at design stage for building control services
- Undertake plan reviews of proposed works and provide feedback and approvals
- Undertake full plan check of all construction drawings of the prosper development and provide feedback and approvals
- Check against Building Regulations with greater focus on Fire Safety, Access, Health and Safety, and Energy Efficiency
- Undertake inspections at regular intervals during the works
- Provide building control sign off at completion of the works prior to occupation
52
Explain the Party Wall Act?
- Government legislation put in place to prevent building works which could impact adjoins owners properties
- Balances the rights of building owners and adjacent owners for building works along party walls, to the party structure, or excavations near adjacent properties
53
What qualifications do you need to be a Party Wall Surveyor?
- Surveying degree
- Relevant construction knowledge and experience
- Understanding of the Party Wall Act
- Professional membership with RICS ideally, but not essential
54
Dilapidations - Explain the process acting for landlord?
1. Review the lease agreement
- Obligations, exclusions etc
2. Pre-termination inspection
- Identify items of disrepair or failure
3. Schedule of Dilapidations
- Send to tenant
4. Negotiate with the tenant
- With tenants surveyor
5. Serving a Dilapidations claim (if necessary)
- Legal action
6. Enforcement of Claim
- Recovering of costs
- Payment
7. Return of the property and final inspection
55
Dilapidations - What relief is available to long term tenants at the end of a lease?
- Dimunition Valuation
- Process used to assess whether the tenant is entitled to reduce the amount they must pay in repair costs
- Calculates the decrease in market value based on its condition at the end of a lease
- The valuation expert calculates the reduction in value caused by the disrepair
56
What legal and regulatory compliance documents are you aware of?
Health and Safety Legislation
- Health and Safety at Work Act 1974
- CDM Regulations 2015
- Control of Asbestos Regulations 2012
- Fire Safety Order 2005
- Fire Safety Act 2021
- Building Safety Act 2022
- RIDDOR 2013
- COSHH Regulations 2002
- Working at Height Regulations 2005
Planning and Building Regulations
- Town and Country Planning Act 1990
- Building Act 1984
Employment and Labour Laws
- Equality Act 2010
Sustainability
- BREEAM
- MEES
- LEEad
57
What are the minimum requirements for planning?
- Block Plan
- Site Location Plan
- Proposed Plans and Elevations
- Submit Online Application and Payment
58
What types of planning application are there?
- Full Planning Consent
- Householder Planning Consent
- Listed Building Consent
- Conservation Area Consent
- Non-material Amendment
- Outline Planning
- Advertisement Consent
- Works to TPO
59
What are your local planning requirements? And name some requirements
Birmingham Development Plan 2031
Focuses on;
- Energy efficient and low carbon technology implementation
- Need for submitting energy assessment
- Biodiversity and ecological improvements
60
Why are R&D surveys important?
- Requirement and duty of the client to provide prior to works talking place under the Control of Asbestos Regulations 2012
- Asbestos survey undertaken by UKAS accredited surveyor to identify any suspected asbestos within the targeted works area
- Informs client and contractor on presence of asbestos to allow works to continue or a plan in place to remove any asbestos identified prior to the works commencing
- Allows for the necessary risk assessments to be undertake and included within Pre Construction Information pack
61
What is your understanding of the Control of Asbestos Regulations 2012?
- Legal requirement for property owners to have in place asbestos management plans and risk assessments for buildings built pre 1999
- Requirement to have refurbishment and demolition surveys undertake by a UKAS accredited surveyor prior to any works taking place
- Outlines the hazards of asbestos, the risks of asbestos and how to effectively manage
- Enforced by the HSE
- Detailed requirements for duty holders
62
What are the duties of the duty holder under Control of Asbestos Regulations 2012?
1. Duty to Manage
- Management plans
- Assessments of condition in management plans
2. Risk Assessments
- Work with non-licensable asbestos
- Work is licensable asbestos
3. Asbestos Training and Competence
4. Control of Asbestos
- Prevent release of asbestos fibres
5. Asbestos Removal and Disposal
6. Air Monitoring and Clearance
- Clearance and re-occupation certificates
7. Record Keeping
8. Notification of work
- Notify to the HSE 14 days prior to removal if notifiable works are taking place
63
When are Approved Inspectors needed?
- If Local Authority Building Control body not used
- For various building works including extentions, alterations, any works which impact the health, safety, structure, drainage, or energy efficiency of buildings
64
What are CDM Regulations?
- Legislation put in place which governs the health and safety of construction projects throughout the design and construction
- Outlines duties of Client, Principal Designer and Principal Contractor
- Requirement to provide Pre Construction Information
- Notifiable works
- Training and competence
- Enforcement and penalties
65
CDM Regulations - Who enforces and what are the penalties for breaching?
66
CDM Regulations - Who enforces and what are the penalties for breaching?
- Enforced by the HSE (Health and Safety Executive)
- Penalties range from fines reaching hundreds of thousands of pounds, project shutdown, imprisonment for gross negligence
67
What are the key points of the Fire Safety Order 2005?
- Applicable to non domestic properties
- Responsible person duties outlined to ensure the fire safety within buildings
- To ensure Fire Assessment is in place and regularly reviewed
- Incorporation and maintenance of fire detection and equipment
- Responsible for safety of visitors
- Visitor inductions
- Maintain a clear fire strategy and evacuation plan
- Ensure there is a fire zonal plan located at the building main entrances
- Responsible for liaising with fire rescue authority as necessary
- Communicate with occupants and visitors
- Keep records and documentation
- Training for employees
- Enforced by the fire rescue authorities
68
Who enforces the Fire Safety Order 2005?
- Enforced by the fire rescue authorities
- Latest information of Fire Safety Act 2021 which now includes external walls, cladding, balconies, circulation areas which need to be included on the fire risk assessment
69
What are the key points of the Building Safety Act 2022?
- Key health and safety legislation put in place in the wake of grenfell tower disaster
- Puts in place more stringent processes for duty holders to manage fire safety in particular to high risk buildings
- 18m in heavier or 7 stories and above with at least 2 dwellings
- Focuses on competence and accountability of building owners, designers and contractors
- Introduction of the Building Safety Regulator on behalf of the HSE to undertake the building control duties of previous with specific stages for sign off and approvals
- Gateway 1 - Planning
- Gateway 2 - Pre Construction
- Gateway 3 - Pre Occupation
- Principal Design under Building Regulations is responsible for the collation and liaison of all design and construction information with the BSR
- PDBR is responsible for overseeing my the design and construction phase to ensure all elements of the building regulations have been adhered to
- Intrdoxution of the Golden Thread of Information - log of the building development from initiation to completion and past completion, showing all initial designs, approvals, changes made throughout the design and necessary approvals, changes made after construction and the necessary approvals
- BSR is to be provided with this information
70
What is a Design and Access Statement, what’s included?
- Statement included in the planning application to provide a brief overview of the proposed development
Includes statements on;
- Appearance
- Use
- Materials
- Scale
- Orientation
- Local surroundings
- Sustainability
- Access
- Design principles
71
What is UKAS accreditation in Asbestos surveying?
- United Kingdom Accreditation Scheme
- Governs asbestos contractors and their compliance, training, and experience of testing asbestos
- Provides assurances for the quality and thoroughness of the testing being undertaken
72
73
What legislation governs UKAS accreditation?
- Control of Asbestos Regulations 2012
74
How do you plan asbestos removals works?
- Review existing asbestos management plans
- Undertake an asbestos R&D survey by a UKAS accredited consultant
- Identify the area of removals, the type of asbestos and whether removals should be undertake by a licensed contractor or whether works are notifiable to HSE
- Prepare risk assessment and method statement detailing the specific removal works
- Notification submitted at least 14 days prior to the removals if applicable
- Appoint competent and experienced asbestos removals company
- Ensure working area is suitably sealed and areas of work evacuated
- Ensure the correct level of PPE is worn by the removal operatives, disposable body suits etc
- Undertake removals and decontamination of workers
- Undertake a 3rd party air test following removals and retrieve a re occupation certificate
- Ensure asbestos is suitably stored in asbestos bags labelled and double wrapped
- Dispose of to asbestos disposal site as necessary
75
What is a Party Wall Assessment? How did you advise your client following the assessment?
- I advised my client of their legal obligation under the Party Wall Act 1996 to serve a notice to the adjoins owner under Section 6 (1)
- I advised my client of the options to rather step back the proposed foundations or serve the notice to the adjoining owner
- I advised my client of the risks if they choose to proceed with the works without serving the notice, the adjacent owner could have an injunction notice prepared by a judge for the works to be stopped until the Party Wall Act is adhered to
- I advised my client on next steps to prepare the Notice and what would be required as part of the notice
- Notice detailing both my clients and the adjoining owners names, address and details
- The section under which the Party Wall Notice was being served
- The description of the works
- Measures being implemented to protect the adjoining owners property
- Instructions on how to proceed
- Append with the notice the drawings of the proposal
- I advised my client on next steps and timeframes
- The adjacent owner has 14 days to respond for which they can either comment to the works, dissent and use my clients party wall surveyor, or dissent and appoint their own party wall surveyor, after which point the two surveyors would need to agree on an ‘agreed surveyor’
- I advised my client that an award need to be prepared following this which will include details of the agreed proposal, drawings, a condition survey of the property, risk assessments and methodology of the works being undertaken
76
What did you include in your Party Wall Assessment Report?
- Executive summary
- Description of the building proposal
- Notices required to be served
- Evaluation of drawings, plans and sections
- Measurements and references
- Drawings
- Reference to registered plans and title deeds
- Conclusions and recommendations for next steps
77
What is your understanding of the Section 6 (1) adjacent excavation?
- Adjacent excavations within 3m and below the foundations of the adjacent owner
- Section 6 (2) excavations are within 6m and below deeper than the measurement taken from the lowest part of the existing adjacent owners foundation at a 45 degree angle
78
Why did you need to submit information to Sports England in preparation for planning?
- I advised my client that due to the changes of the playing field and taking areas away off the field, the local planning authority would need to consult with Sports England prior to releasing determination
- I advised my client that this could be streamlined by making contact with Sports England at design stage to alleviate this need
- I advised my client this would benefit the planning stage as the consultation with Sports England would already have been undertaken and approved
- On behalf of my client, I negotiated with Sports England regarding playing field decrease and other areas being increased in size, following discussions, an agreement was made and this correspondence and plan was submitted with the planning application
- I advised my client that this would speed up the planning process and details of the officer and consultation details can be submitted on the online application
79
What did you include on your illustrations sent to Sports England?
- Drawing pack of existing playing field, proposed extension in relation to the paying field
- Area of grass playing field being lost
- Area of hard standing surface being increased
- Illustrations of varying pitch sizes for football and rounders within the grass area being retained
80
What types of planning application are there?
- Full planning consent
- Outline planning consent
- Householder planning consent
- Listed building consent
- Conservation area planning consent
- Advertisement consent
- Works to a TPO
- Non-material amendment
81
How have you dealt with a planning or building control application?
Planning
- Ensure relevant plans and statements are included
- Provide Site Location Plan and Block Plan
- Provide Plans and Elevations
- Design and Access Statement
- Submit planning application and pay planning fee
Building Regulations
- LABC or Approved Inspectors
- Appoint at project initiation and design stage
- Plan appraisal and check
- Full plan appraisal and check
- Provide sections, elevations and specifications
- Gain approval prior to proceeding
- Ensure regular site inspections of key stages undertaken
- Final completion and certification
82
Tell me about when you have carried out inspections / prepared reports for schedules of condition and dilapidations and negotiated with party representatives?
- I haven’t, but I understand the process
Guidance: RICS Professional Standard on Dilapidations in England and Wales
1. Review lease agreement and obligations of each party
- Check conditions, exclusions
2. Undertake the Condition Assessment
3. Produce a Schedule of Dilapidations
4. Issue to the Tenant/Landlord
5. Negotiate with the other parties surveyor
- Advise of their duties to rectify the dilapidations as per the agreement
- Negotiate a settlement
6. Prepare a dilapidations claim if necessary
7. Enforce the claim
8. Receive settlement
9. Re inspection and return of the property
83
Tell me about your preparation of of a building reinstatement cost assessment?
- I haven’t undertaken one but I understand the process
- Identify the need for the assessment
- Quantify the works and extent of works
- Consideration of materials and systems, specifications
- Use industry standard tools for assessment such as BCIS
- Undertake detailed survey and measurements
- Legal and regulatory cost and fees
- Calculate reinstatement cost report
84
Talk me through your experience for carrying out health and safety obligations during the works for clients, including design works?
- Ensure the client is aware of their dirties under the CDM Regulations 2015 prior to initiating project
- Ensure a suitable pre-construction information pack is produced prior to works detailing the project risks and site project information
- Ensure Construction Phase Plan is suitably prepared by the contractor in preparation for works commencing
23 Weyman Road
- I produced a design risk assessment and included within PCI pack
85
Talk me through your experience of carrying out an application for listed building consent, conservation area consents?
- I haven’t, but I understand the process
1. Determine whether the building is listed and grade
2. Understand the scope of works requiring consent
3. Liaise with heritage or conservation officer
4. Prepare the planning application accompanied with photos, heritage statement
5. Submit the application
86
Talk me through your experience of reviewing and reporting on lease obligations / Party Wall inspections and negotiations / right of light inspections and negotiations?
- I advised my client on the Party Wall Act 1996
- Advised them on their obligation to submit a notice to the adjacent owner in section to Section 6 (1) of the notice
- I undertook the Party Wall Assessment and reported back to the client
- Advised them on their options to change the construction of service the notice
- Advised them Illegal to proceed without the Norice and possible risks
- Advised them what would need to be included on the Notice
- Advised them how to prepare an Award
- Advised them on the timings and options for the adjacent owner
- Advised them that they would be responsible to pay the fees of the surveyors and preparation of notices and awards
87
How do you go about instructing your R&D survey?
- I ensure there are clear drawings and scope of the works being undertaken
- Review contractor proposals, method statements and risk assessments
- Verify their UKAS accreditation as per the Control of Asbestos Regulations 2012
- Undertake further due diligence on past projects, insurances etc
- Advise client of quotations received and quality of contractor following assessment
- Proceed with appointment and plan survey
88
What is the difference between Approved Inspector and Building Control Officer?
Building Control Officer
- Works for the local authority and part of the public sector
Approved Inspector
- Approved inspectors are from the private sector and and firm which is authorised by the HSE to carry out building control duties
89
Hive - What were the contents of your planning application?
- Site location plan
- Block plan
- Plans and elevations
- Design and access statement
- Online application
90
How did you prepare your plan and elevation drawings?
- Site investigation and measured survey
- Review the site topography plan and drawings
- Produce existing and proposed drawing plans and elevations with scale and annotations of materials, finishes, colours
- Existing and proposed plans showing footprint added to the building
91
What is the purpose of design and access statement?
- Key details of the proposed development
- Access to and use of the building
- Sustainability and low carbon technology
- Scale of the development
- Orientation
- Adjacent land use and appearance
- Materials and finishes
- Use
92
Shipston Fire - Why did you require an R&D survey?
- Duty of the building owner under Control of Asbestos Regulations 2012
- Property was built pre 1999
- Identify any asbestos containing materials in area of works for the refurbishment
- Allows to prepare associated risk assessment and removal works under controlled environment prior to the works
93
Shipston safeguarding fire asbestos R&D survey - What impact did this have on the project?
- Survey undertaken during design stage during school holidays
- No impact on project programme or delivery
94
Shipston safeguarding fire asbestos R&D survey - Why did you advise this at this time time during the project?
- Requirement under Control of Asbestos Regulations 2012 for targeted survey to be undertaken prior to works
- Done at design stage in order for the information to be included in the PCI pack
- Should asbestos have been identified, removal works and appropriate risk assessments would have been prepared
95
Have you ever been involved with appealing against a planning refusal, and if so, what were the processes you went through?
- I haven’t, but I understand the process
- Review the refusal decision and grounds for refusal
- Appeal must be submitted within 12 weeks for householder applications, within 6 months for others
Written appeal to include:
1. Grounds for appeal
2. Revise and resubmit the application addressing the issues
3. Negotiate with the planning authority
4. Consider alternatives
5. Right for judicial review
6. Monitor the decision
96
Talk me through your advice to your client on the Party Wall Act 1996?
- Following assessment I advised my client of their obligation to submit a Party Wall Notice under Section 6 (1) Adjacent excavations
- Advised my client of their options to adjust the proposed works to fall out of the requirement for serving the notice, or to serve the notice
- I advised them of the implications and if works were to continue this would be illegal and against the Party Wall Act, I advised them of the possible risks
- I advised them what would be required for the notice
- I advised them of the timescales involved and next steps for the adjoining owner
- I advised them what would be required for the Party Wall Award
97
Provide some examples of when you have been involved in other work under the Party Wall Act?
Keepmoat - New Build Housing Development (52 homes)
Citizen Housing - Structural Rectification works
98
How did you advise your clients on your contractor selection?
Provide client with with Tender Report
- Tender opening record
- Scoring of each contractor based on costing, programme and detail of the return minus any deductions for non-compliance of tender rules and errors
- Further evaluation of two contractors offering most value
- Any inconsistencies in pricing and clarifications with each of the contractors
- Benchmark rates using historical data, BCIS and SPONNE to evaluate price itemised breakdown to ensure value for money
- Following I advised my clients of the position following post tender clarifications and advise on post tender sums for each of the most favourable contractors
- Review contractors instances
- Review contractors financial accounts to ensure they align with the scale of project
- Review case studies and past experience
- Possibly arrange for a tender interview to assess further
99
Explain any advice you have provided on the requirements for an end of tenancy liability?
- I haven’t, but I understand the process
- Review the lease agreement
- Contracted obligations for end of tenancy
- Review any limitations or exclusions and grounds for claims to reinstate the building
- Provide advice on whether this is acceptable under the lease agreement
- Consider the grounds for diminution valuation if included in the original lease agreement
100
How have you negotiated settlement and made recommendations to clients for settlement?
- I haven’t, but I understand the process
- Review and reference against the lease agreement
- Advise on diminution valuation if stipulated
- Negotiate a settlement figure of the loss of value in the market
101
How have you negotiated with other professional representatives after issuing a schedule of condition and dilapidations?
- I haven’t, but I understand the process
Guidance: RICS Professional Standard on Dilapidations in England and Wales 2016
- Review the initial lease agreement
- Identify dilapidations and set out in Scott schedule
- Negotiate with other party on settlement
- Consider diminution valuation
- Agree a settlement or make a dilapidations claim
- Enforce the claim
- Payment
- Final inspection
102
How have you advised clients on the requirements for / submitted and produced detailed supporting reports for asbestos audits and management / access / energy performance and certificates / site regulation procedures?
- Shipston fire door replacements
- Advised the client to undertake an R&D as per the relevant legislation Control of Asbestos Regulations 2012
103
How have you advised clients on statutory obligations?
- Keepmoat Party Wall Assessment and requirement for Notices
- I advised my client on the notice which was required, risk of not serving, option to amend design, requirements of the notice, timeframes involved, response of the adjoining owner, preparation of the party wall award, and what is required to be included in the award
104
Keepmoat - Were you acting on behalf of the building owner or the adjoining owner?
- The building owner, the housing development manager for a new building housing development of 52 new homes
105
Keepmoat - What did you review as part of the drawing pack?
- Registered title plan and deeds
- Site plan proposed / exsiting
- Section drawings in relation to adjacent owners
- Depths of construction and distances of construction
106
Keepmoat - What information were you looking for?
- Boundary line position
- Location of the proposed works in relation to the adjacent owners
- Distances of the proposed works in relation to the adjacent owners
- Depths of the proposed construction and adjacent owners foundations
- Measurement taken of distances and depths to ascertain whether party wall notices are required
107
Keepmoat - What was the purpose of the Party Wall Assessment?
- To advise the client on whether notices are required to be served upon adjacent owners as a result of the proposed development works under the Party Wall Act 1996
108
Keepmoat - Why did you advise a Section 6 (1) notice?
- Following review of the plans, elevations, and sections and site survey, I advised my client a Section 6 (1) notice was required as the foundations of the proposed retaining structure was lower than the adjacent owners foundations and within 3m
109
Keepmoat - What were your further recommendations within your report?
- Party wall surveyor to be appointed to serve party wall notices under the Party Wall Act 1996
- Party Wall Award to be prepared under the Party Wall Act 1996
- I advised my client of the option to step back the retaining structure to fall outside the scope of the Party Wall Act 1996, and outside of the 3m distance
110
Queensbury - Why was a planning application required?
- Major extension to the school approximately 1000m2
- More than 25% on the existing building
111
Queensbury Planning - What was your advice to your client?
- I advised my client that consultation with Sports England would be beneficial to streamline the planning process as areas of the grass playing field were being reduced as a result of the development
Consider local planning requirements within the Birmingham Development Plan 2031
- To submit a sustainability assessment with the planning application
- Site travel plan / access during the construction
- Consider the height of the development and adjacent homes
112
Queensbury - Can you talk me through the construction of the single storey classroom extension?
- Concrete trenchfill foundations 1000mm deep and 600mm wide
- Concrete beam and block floor
- Steel frame universal columns and beams with masonry and concrete block cavity walls
- Timber flat roof sttuxture
- Alumnoum windows and doors
- Internal walls exposed concrete block work
113
Talk me through the main Party Wall Sections
Section 1 - Building a new structure on or astride of the party wall or boundary line
Section 2 - Repairs etc of party walls, rights of owner
Section 3 - Party structure notices
Section 4 - Counter notice
Section 6 - Adjacent excavations
Section 7 - Compensation
Section 8 - Rights of entry
Section 10 - Resolution of disputes
Sections 11 and 13 - Expenses and account for work carried out
