PC3 Legal Framework

Question 1

Building Regulations

Answer 1

Set standards for design and construction to ensure health and safety for people in or about those buildings. Include requirements to ensure fuel and power is conserved & facilities are provided for people.

Question 2

Approved Documents

Answer 2

Provides guidance how building regulations can be satisfied in common building situations. Given legal status by the Building Act 1984. No obligation to adopt solutions presented in approved documents. A: Structure B: Fire Safety: C: Site Preparation and resistance to contaminants and moisture D: Toxic Substances E: Resistance to passage of sound F: Ventilation G: Sanitation, Hot water safety and water efficiency; H: Drainage and Waste Disposal J: Combiustion appliances and fuel storage systems K: Protection from falling, collision, and impact L: Conservation of fuel and power M: Access to and use of buildings N: Glazing safety (withdrawn) O: Overheating P: Electrical Safety Q: Security R: Physical Infrastructure for high speed electronic communications network S: Infrastructure for charging electrical vehicles, Regulation 7: Materials and workmanship

Question 3

Building Control

Answer 3

Service carried out to guarantee any new building work aligns with building regulations. Done by reviewing plans and details submitted with an application and then inspecting construction work as it progresses on site.

Question 4

Planning Permission

Answer 4

Decision by local planning authority if a development should go ahead. Small development projects don’t always have to go through full approval process if they are ‘permitted developments’. Planning controls siting, design, location, layout, land uses and appearance of building.

Question 5

Building Safety Regulator

Answer 5

Building Safety Act names Health and Safety Executive (HSE) as new Building Safety Regulator in England. Function: oversee safety and standards of all buildings; help built environment industry and professionals improve competence; implement new regulatory framework for high rise buildings. Will regulate high-rise buildings (7 or more storeys or that are 18m or higher). HSD is a staturoy consultee for planning applications and BSR will become building control authority for high rise buildings.

Question 6

Accountable Person

Answer 6

Building Safety Act Part 4 identities new duty holders for residential high rise buildings. Will have a duty to take reasonable steps to prevent building safety risk happening and reduce serious of an incident if one happens. AP responsible for structure and exterior will be Principal Accountable Person.

Question 7

Statutory Undertakers

Answer 7

Bodies given statutory powers in relation to functions that are of a ‘public’ character. May have rights to carry out certain works without obtaining normal permission and obligations such as supply of utilities. Public bodies: Post office, environmental Agency Private: railways, electricity supply, gas, water, sewer.

Question 8

Party Wall Act 1996

Answer 8

Provides framework for preventing or resolving disputes in relation to party walls, party structures, boundary walls and excavations. Anyone intending to carry out work anywhere in England and Wales of the kinds described in Act must give Adjoining Owners notice of their intentions. Works include on an existing wall or structure shared with another property (Section 2); building a free standing wall or a wall of a building up to or astride the boundary with a neighbouring property (Section 1); excavating near a neighboring building (Section 6).

Question 9

Party Wall

Answer 9

A. If it stands astride the boundary of land belonging to two (or more) different owners. Such a wall is part of one building, separate two (or more) buildings or consists of a ‘party fence wall’. A wall is a ‘party fence wall’ if it is not part of a building and stands astride the boundary line between lands of different owners and is used to separate those lands. This does not include wooden fences.

B. If it stands wholly on one owner’s land but it used by two (or more ) owners to separate their buildings.

NOT Party walls: May include boundary walls (a fence wall/garden wall built wholly on one owner’s land) and external walls (wall of a building built up to but not astride the boundary)

Question 10

Party Structure

Answer 10

This could be a floor or other structure that separates buildings or parts of buildings with different owners, eg flats.

Question 11

Party Structure Notice

Answer 11

Notice to be served where owner of property intends to undertake any construction works described in Sections 1,2,6 of Party Walls Act 1996.

Must be served at least two months before date of proposed works to start. Must give description of the works “Give full details of the works you propose to carry out that affect the party structure or the adjacent building.

If special foundations are proposed, section 3(I)(b) then there is a need for plans, sections and details of construction.

In cases that do not involve special foundation you still might wish to include drawings for your neighbour’s benefit if they are available but this is not essential if works are properly described).

Question 12

Line of Junction Notice

Answer 12

Is an imaginary line that separates the land of adjoining owners. Section 1 of Party Walls Act applies where lands of different owners adjoin and are not built on at the line of junction or are built on at the line of junction only to the extent of a boundary wall. Must be served at least one month before date of proposed works to start. Describe the wall you intend to build – for example height, length materials etc. You might wish to add further information for your neighbour’s benefit or include drawings.

Question 13

Excavation Notice (3 meter and 6 meter)

Answer 13

Must be served at least one month before date of proposed works to start. Description of excavation and works; drawings (requirement of Act that drawings are provided showing depth of proposed excavation and location of any proposed building or structure. It is also advisable for the drawings to show position of the adjoining building in relation to the excavations); Safeguarding of the Adjoining Owner’s foundations (required to tell Adjoining Owner if intention to underpin or otherwise strengthen or safeguard the foundations of their building/structure). Works under Section 6 1. Excavating within 3m of neighbours building and to a depth lower than bottom of foundation 2. Excavating within 6m of neighbours building, if any part of that excavation intersects with a plane drawn downwards at an angle of 45 degree from the bottom of their foundation, taken at a line level with the fact of their external wall.

Question 14

Party wall Award

Answer 14

Determines the “right to execute work”; determines the “time and manner” of the work; will include construction details and temporary works; obligation to make good damage; who pays the costs of the Award.

Question 15

Section 8 of the Party Wall Act 1996

Answer 15

Gives right of access onto a neighbour to undertake works which is covered by the Act.. If wall is built along a boundary no right of access under the Act is provided for future maintenance of that wall is important to design wall to minimize need for maintenance that would require access onto neighbours property.

Question 16

Grampian Conditions

Answer 16

A condition attached to a planning permission, which prohibits development authorised by the planning permission commencing, or sometimes from being occupied, until a specified action has been taken or achieved, usually on land outside the applicant’s control.

Question 17

Right of Light

Answer 17

An easement that gives landowner right to receive light through defined apertures (such as windows) in buildings on his or her land. If light through aperture is diminished by a new development to such an extent that it causes nuisance, then property owner may have right to take legal action. Prescribed by common law; lost modern grant; and prescription under the Prescription Act 1832.

Generally, any property having uninterrupted enjoyment of light for more than 20 years acquires rights to light. But that can be defeated if, before the expiry of 20 years, the light is obstructed for one year continuously

Question 18

Rights of Light Act 1959

Answer 18

Enables landowners to put a stop to prescription for rights to light over their property by registering a notice rather than by setting up a physical obstruction.

Question 19

Light Obstruction Notice

Answer 19

A light obstruction notice is a local land charge created by the Rights of Light Act 1959. It is registered in part 11 of the local land charges register, and is used to prevent the acquisition of prescriptive rights of light.

Question 20

Loss of Daylight

Answer 20

The 45-degree rule will be used by the planners as a guide in assessing the acceptability of applications for rear extensions to prevent undue loss of daylight to neighbouring properties, to avoid excessive overshadowing of gardens and preserve a reasonable standard of outlook.The 45-degree rule is assessed on both plan and elevation. An extension should not exceed a line taken at 45 degrees from the centre of the nearest ground floor window of a habitable room in an adjoining property.

Question 21

Construction (Design and Management) Regulations 2015

Answer 21

Updated April 2015 allowing for distribution of previous duties under CDM 2007 to Principal Designer, Principal Contractor, Client and Designer. The Regulations govern the management of health, safety, wellbeing during the development of a construction project from concept to completion and aim to reduce risk of harm to construction workers and users. Parts: 1. Application of CDM 2015 and definitions 2. Duties of clients for all projects 3. Health and safety duties and roles of other duty holders including Designer, Principal Designers, Principal Contractors, Contractors. 4. General requirements for construction sites 5. Transitional arrangements and revocations. CDM 2020 meant to update but delayed due to Covid.

Question 22

Pre-Construction Information

Answer 22

Client required to provide pre-construction information as soon as is practicable to every designer and contractor appointed or being considered for appointment. Where there is more than one contractor, PD should provide advice and help compile the pre-construction information. Information about: the project, planning and management of the project, health and safety hazards including design and construction and how they will be addressed, information in any existing health and safety file. Designer much take into account Pre-Construction Information when preparing or modifying designs.

Question 23

The Health and Safety File

Answer 23

A repository of health and safety information that serves as a legal record, benefiting both clients and end users – from initial construction through use, cleaning, maintenance, alterations and refurbishment, and demolition. PD needs to prepare health and safety file so that at the end of the project the client is in possession of information anyone carrying out subsequent work on the building will need to know to plan and carry out that work safely.

Question 24

Construction Phase Plan

Answer 24

key document that details the health and safety risks associated with the construction phase of the project and the control measures that will be implemented to minimise risks or where possible, eliminate them

Question 25

F10 notification

Answer 25

Client responsibility as of 2015 to notify in writing HSE of construction works likely to last more than 30 working days and have more than 20 workers on a site at a point or exceed 500 person days. Regulation 6 of the CDM Regs requirement. Project is ‘notifiable’.

Question 26

Client (Roles and Responsibilities CDM 2015)

Answer 26

Make suitable arrangements for managing a project and make sure: other duty holders are appointed and that sufficient time and resources are allocated and that relevant information is prepared and provided to other duty holders. The client also ensures the PD and PC carry out their duties and that welfare facilities are provided. Duty of ensuring that the principal designer is provided with all the information on health and safety for the health and safety file.

Question 27

Designer (Roles and Responsibilities CDM 2015)

Answer 27

An organisation or individual whose work involves preparing or modifying designs for construction projects or arranging or instructing others to do this. Can be architects, consulting engineers, quantity surveyors etc. Their decisions can affect the health and safety of contractors and workers who carry out construction as well as those who use, maintain, repair, clean, refurbish, and demolish building. Applies to all projects.

Question 28

Principal Contractor (Roles and Responsibilities CDM 2015)

Answer 28

The contractor with control over the construction phase of a project involving more than one contractor. Appointed in writing by the client (commercial or domestic) to plan, manage, monitor, and coordinate health and safety during this phase. Works closely with client and the principal designer in influencing how the risks to health and safety are managed during construction work. Should be appointed by client as early in the project as possible and before the construction phase begins to: allow time to plan the work of the construction phase; record details of any planning in a construction phase plan; work with client for duration of appointment; liaise with principal designer for remainder of appointment.

Question 29

Principal Designer (Roles and Responsibilities CDM 2015)

Answer 29

A designer who is an organization or individual appointed by the client to take control of the pre-construction phase of any project involving more than one contractor. Need to manage risks to health and safety throughout a project, generate and organize information for health and safety file and hand over at end of commission, organize and ensure circulation of all pre-existing information on project, and liaise with principal contractor to keep them informed of any risks need control during construction phase. On a domestic client project the designer must be PD. Appointing a Principal Designer: Must be appointed in writing by the client. Role can be given to another designer on this project at any point but there can only be one principal designer at any given time. Role can be combined with other activities such as project management and will assist with integration of health and safety in the project. Should be appointed as early as possible and duration of appointment should take into account any design work which may continue into the construction phase. If PD appointment finishes before end of project, they should fully brief the principal contractor on matters arising from designs relevant to any subsequent construction work and pass on health and safety file. If Principal Designer is not appointed: Role must be carried out by the designer in control of the pre-construction phase. Has legal duty to review Health and safety file which has information important to enable future construction work to be carried out safely such as cleaning, maintenance, refurbishment, alterations, and eventual demolition.

Question 30

Regulatory Planning Systems

Answer 30

Prescribe what is controlled by the planning system, what is permitted, conditions, requirements and limites. Sometimes called ‘Zoned System’.

Question 31

Discretionary Planning Systems

Answer 31

Current UK system (until recent proposed changes), scope of control defined through planning legislation, with legal interpretation provided by judges in courts (case law). The Courts play a significant role in UK planning.

Question 32

Courts and Tribunals

Answer 32

The Supreme Court est. by Constitutional Reform Act 2005 to replace the Judicial function of the House of Lords and is the final court of appeal for all UK civil and criminal cases in England, Wales and NI / The Judicial Committee of the Privy Council. Final court of appeal for overseas crown territories. / Court of Appeal includes the High Court and the Crown Court, it has two division, Civil Division and Criminal Division. Since 1882 it has been based on the Royal Courts of Justice / The Business and Property Courts / The Technology and Construction Court (QBD) Types of claims appropriate for Technology and Construction Court: 1. Claims by and against Engineers, Architects, Accountants, Surveyors and other specialist advisers. 2. Claims by and against local Authorities relating to their statutory duties. 3. Adjudication disputes. 4. Environmental claims. 5. Public Procurement. 6. Claims arising out of fires. 7. Challenges to decisions of arbitrators in construction and engineering disputes.

Question 33

Procurement Statutes

Answer 33

Public Services (Social Value) Act 2012, The Gov. Procurement Act 2001

Question 34

Statutory Instruments

Answer 34

Concession Contracts Regulations 2016, Public Contracts Regulations 2006 and Utilities Contracts Regulations 2006.

Question 35

Case Law

Answer 35

The UK’s disrectionary system means the previous rulings of the courts impacts the planning system. The nature of law varies marginally between the systems of England and Wales and those of Scotland and NI. Land law specifically is an area where this varies. Although case law provides a precedent and stable body on which to assess, planning law can be equally shaped through Societal Construction.

Question 36

Contracts vs. Tort Law

Answer 36

In contract, the rights and obligations are created by the acts of an agreement, in Tort Law, the rights and obligations are created by the courts applying common law. This falls into 3 categories: Negligence, Nuisance, and Trespass.\

Question 37

Building Notice

Answer 37

A written notice that you intend to carry out building work and does not normally mean you have to submit detailed drawings. More information may be requested by Building Control Surveyor to ensure work is in line with regulations. For Minor Building Works. Can start work 2 days after notice has been submitted to ‘building control body’. Do not get formal approval like with full plans

Question 38

Planning Appeals

Answer 38

You can make an appeal to the Planning Inspectorate about your planning application if: * planning permission has been refused; * planning permission has been granted subject to conditions and the applicant wishes to contest those conditions; * the council has not issued a decision within the statutory period, which is normally eight weeks from date of submission. For major projects, you can only appeal if 13 weeks have passed. Examples of a major project include a development with 10 or more dwellings, or a building with floor space of more than 1,000 square metres If your application was refused, or granted with conditions, you can appeal for up to 6 months from the date on your local planning authority’s (LPA) decision letter. Appeals should be made through the Appeals Casework Portal. After appeal is submitted, it will be validated. There are 3 procedures for handling appeals: written representation, hearings, and inquiries. Planning Inspectorate decides which procedure each appeal will follow.

Question 39

Certificate of Lawfulness

Answer 39

Legal document stating that lawfulness of past, present, or future building use, operations or other matters. Not the same thing as planning permission. Can be used to help determine if a proposed project qualifies as permitted development.

Question 40

Permitted Development Rights

Answer 40

Certain types of works without needing to apply for planning permission granted by the Government, not local authority. Rights for common projects for houses do not apply to flats, maisonettes, or other buildings. Commercial properties have different PDR to dwellings. Most PDR are subject to conditions and limitations, including needing to apply to Local Planning Authority for its ‘Prior Approval’. Changes: From August 2021 changes to legislation in few specific circumstances mean what was considered eligible for permitted development will no longer be. In these circumstances, Government implemented provision classifying these as ‘protected development’ to ensure until July 2022 they can continue to be considered eligible for PDR>. Town and Country Planning (general Permitted Development) (England) Order 2015 is principal order.

Question 41

Pre-Application Enquiry Process

Answer 41

A collaborative process between prospective applicant and other parties which may include local planning authority, statutory and non-statutory consultees, elected members, and local people. Helps improve efficiency and effectiveness of planning application system and improve likelihood of success by providing understanding of relevant planning policies and other material considerations associated proposed development, discuss possible mitigation of impact, identify information required to accompany formal planning, putting in place a Planning Performance Agreement.

Question 42

Planning Law Ideologies

Answer 42

‘The Ideologies of Planning Law’ McAuslan 1980, hypothesises that over time, different rationales have been advanced to justify the existence of planning law and that as those arguments arise, they gain dominance. The emphasis flows between these main points: Protection of private property : Advancement of public interest : Public participation to assert the rights of the wider public

Question 43

Local Development Framework (LDF)

Answer 43

Collection of planning documents that delivery the spatiali planning strategy and policies for local area. Introduced under Planning and Compulsory Purchase Act 2004. Comprises a Core Strategy, Site Specific Allocations, Adopted Proposals Map, Action Area Plans, Other Development Plan Documents. Usually updated on 4 year cycles.

Question 44

Compulsory Purchase Order (CPO)

Answer 44

Legal mechanism by which certain bodies (known as ‘acquiring authorities’) can acquire land without consent of owner. Generally to support delivery of regeneration and infrastructure projects in public interest. Procedures set out in ‘Acquisition of Land Act 1981’, Depending on project, CPO can be granted through orders under the Transport and Works Act 1992, development consent orders under the Planning Act 2008, Hybrid Acts of Parliament.

Question 45

Neighborhood Plans

Answer 45

Right for communities to shape development in their areas through production of NDP introduced through the Localism Act 2011. Neighbourhood Development Orders and Community Right to Build Orders allow communities to grant planning permission either in full or in outline for the types of development they want to see in their area. They must conform with the strategic policies in the local plan, but take precedence over nonstrategic policies in the local plan.DLUHC provide financial support to groups development these between 2018-2023.

Question 46

Planning Application

Answer 46

Full / Outline / Reserved Matters. Outline = use or proposed use, amount of development proposed for each use, indicative layout, indication of maximum height, width, length and proposed access to the site. Reserved Matters = Follows an outline application and requires detail of scale, layout, external appearance, means of escape and landscaping.

Question 47

Planning Consent

Answer 47

1. Householder Planning Consent 2. Full Planning Consent 3. Outline Planning Consent. 4. Reserved Matters, 5. Listed Building Consent, 6. Advertisement Consent. 7. Lawful Development Certificate.

Question 48

Determination Period

Answer 48

The period that commences upon the validation of the planning application. Typically, minor application are determined in up to 8 weeks, major application in up to 13 weeks major apps and applications that are subject to environmental impact assessments up to 16 weeks.

Question 49

Material Considerations

Answer 49

Stringer v Minister of Housing and Local Government (1970), any consideration which relates to the use and development is land is capable of being material. They can include; national planning policy, circulars, emerging local policy, previous decisions, parliamentary answers, consultation responses from statutory and non-statutory bodies, planning history, letters, environmental, social, economic factors etc. Overlooking/loss of privacy; loss of light or overshadowing; parking; highway safety; traffic; noise; effect on listed building and conservation area; layout and density of building; design appearance and materials; government policy; disababled persons access; proposals in the development plan; previous planning decisions; nature conservation.

Question 50

Non-Material Amendments (NMA)

Answer 50

Section 96, Town and Country Planning Act1990. Since 2010 it’s been possible to apply for non-material alteration to a consented application. The local authority has 28 days to process and determination. A non-material amendment may be applied for to approve a minor change to the planning permission and does not breach any conditions originally placed on the consent. If the amendment is not considered minor by the Local Planning Authority, a new planning application will be required.

Question 51

Section 73 Application

Answer 51

Where an NMA is made to vary and the consented application, a Section 73 application is made for the variation or removal of a conditions attached to an application.

Question 52

Material Amendment

Answer 52

If the amendments are considered to be material changes they will not be acceptable and you will have to submit a further planning application for a revised scheme and obtain a new planning permission.

Question 53

Planning Conditions

Answer 53

Planning conditions are imposed to require that something is done or not done by the developer in order to make the development acceptable. Informative or Controlling. Discharged either pre-commencement, during construction or upon occupation. Failure to discharge pre-commencement conditions is termed a ‘condition precedent’. A condition must be necessary, relevant to planning, relevant to the application or development, enforceable, precise, reasonable. Grampian condition is ‘negative’ condition.

Question 54

Business and Planning Act 2020

Answer 54

The main change set out in the Bill is that planning permissions with expiry dates which range from 28 days after the date of enactment of the Bill up until 31 December 2020 will receive an automatic time limit extension to 1 April 2021. This also applies to permissions that lapsed during the lockdown. Introduced the ‘fast track’ option, where developers can apply to Councils to extend working hours, they have 14 days to assess, no response is deemed an acceptance.

Question 55

Planning for the Future Document 2020:

Answer 55

Zoning system, with centralised decision making and new local design codes. Land will fall into 3 main categories, Protected, Renewal and Growth.

Question 56

National Planning Policy Framework (NPPF) 2021

Answer 56

Published 2012, revised in 2018 and 2019 and most recently 2021. Revisions increased focus on design quality, not only for sites individual but for places as a whole: protecting and enhancing environment, promoting sustainable pattern of development, policies revised to opting out of permitted development, use of masterplans and design codes, contribution of trees in new developments. Provides framework within which locally-prepared plans for housing and other development can be produced, which in turn provide background against which applications for planning permission are decided.

Question 57

Neighbourhood Planning Act 2017

Answer 57

Intended to give neighbourhood plans full and legal effect earlier to strengthen neighbourhood planning.

Question 58

Housing and Planning Act 2016

Answer 58

Took 150 days to complete the House of Lord and Commons process. It provides the necessary legislation for government to implement the sale of higher value local authority homes, starter homes and a number of other measures, mainly intended to promote homeownership and boost levels of housebuilding in England.

Question 59

Listed Buildings

Answer 59

A 'listed building' is a building, object or structure that has been judged to be of national importance in terms of architectural or historic interest and included on a special register, called the List of Buildings of Special Architectural or Historic Interest. Compiled by the Department for Culture, Media and Sports (DCMS), under the provisions of the Planning (Listed Buildings and Conservation Areas) Act 1990. When a building is listed, it is listed in its entirety, which means that both the exterior and the interior are protected. In addition, any object or structure fixed to the building, and any object or structure within the curtilage of the building, which although not fixed to the building, forms part of the land and has done so since before 1 July 1948, are treated as part of the listed building.

Question 60

Listed Building Consent

Answer 60

Alterations to a Listed Building required Listed Building consent. It is criminal offense not to obtain before building works start. A Statement of Heritage Significance will be needed to accompany the application: to include a brief history and assessment of building’s significance and who this will be affected by the proposals. Request pre-application advice from conservation officer who will consult amenity societies.

Question 61

Scheduled Monuments

Answer 61

Legally protected site because of its historical important such as archaeological sites (such as ancient burial mounds) or more recent remains (such as coal industry or WWII).

Question 62

Scheduled Monument Consent

Answer 62

Needs a separate consent (contract local planning/conservation officer) and Heritage Statement required. Need written permission from regional historic England office to carry out works.

Question 63

Work to Listed churches, Cathedrals etc

Answer 63

Diocesan Advisory Committee – consultation like a local authority. Heritage Statement required.

Question 64

Listing/De-listing Procedure

Answer 64

Applications made to Historic England using a Listing and designation Application Form. Decided by Secretary of State.

Question 65

Conservation Area World Heritage Sites, Areas of Outstanding Beauty

Answer 65

Have additional planning control and need to check local policy. Heritage Statement with map regressions not prerequisite but can demonstrate how historic context (urban or rural) has informed design. Particularly important if proposal In in setting of a listed building.

Question 66

Heritage Assets

Answer 66

include three grades of Listed Building Grade I, grade II*, and Grade II; so-called ‘Locally listed’ buildings (non-designated assets); Listed Parks and Gardens, Conservation Areas, World Heritage Sites, Scheduled Ancient Monuments, wrecks and battlefields.

Question 67

Tree Preservation Order

Answer 67

A Tree Preservation Order is an order made by a local planning authority in England to protect specific trees, groups of trees or woodlands in the interests of amenity. An Order prohibits the: * cutting down * topping * lopping * uprooting * wilful damage * wilful destruction of trees without the local planning authority’s written consent. If consent is given, it can be subject to conditions which have to be followed. In the Secretary of State’s view, cutting roots is also a prohibited activity and requires the authority’s consent.

Question 68

Planning (listed Buildings and Conservation Areas) Act 1990:

Answer 68

Changed laws relating to granting of planning permission for building works with focus on listed buildings and conservation areas. Special controls for demolition, alteration or extension of buildings, objects or structures of particularly architectural or historic interest and conservation areas.

Question 69

The Building Safety Act 2022

Answer 69

The Building Safety Act 2022 is a new legislation to create a new safety regime for design and construction of buildings, specifically to high-rise residential buildings. It is in response to the Dame Judith Hackitt’s Independent Review of the Grenfell Tragedy, which outlines several systemic failures in the construction industry. It is the most significant legislation of regulatory changes to the UK build environment since the Building Act 1984. The Building Safety Act will run alongside the Fire Safety Act which received Royal Assent last year in 2021. Some of the most important changes the BSA has on the architectural professions include: 1. Giving the Architect’s Registration Board, the regulatory body that regulates registered architects in the UK, the power to monitor training and development of architects throughout their careers in order to maintain competence. Prior to this, the Architects Act 1997 only gave the ARB powers to prescribe entry requirements to register as an architect in the UK. It now has the power to determine how competence is maintained and be able to remove architects from the register who do not meet the required standard of competence. 2. Amendments to the Defectives Premises Act to cover refurbishments and other works in addition to new dwellings to extend period for compensation claims for retrospective work from 6 years to 30 years. For new works, the period is extended to 15 years. This will have significant impact on professional indemnity insurance market for architectural practices. 3. The introduction of a Building Safety Regulator to approve higher risk residential projects over 18m. This will be monitored through the new ‘gateway’ system which requires approval from the Building Safety Regulator at the planning stage, before construction starts, and prior to issuing the completion Certificate. The information required will form part of the Golden Thread information. This new system will require architectural practices to shift key building information to BIM and may potentially delay future design and construction processes.

Question 70

Hackitt Report set out 54 recommendations

Answer 70

Better definition and allocation of roles and responsibilities within the building and fire regulatory system, with defined duty holders, gateways and documents; Increased independent oversight of the quality of construction work. Stronger compliance and enforcement of building control. Raised levels of competence and accreditation of those involved in design, construction and maintenance of higher risk buildings. RIBA also states that Approved Doc B needs changing to be made simpler using prescriptive measures. Soon there will be legislation to deliver a new Building Safety Regulator, responsible for enforcing the more stringent regs for higher-risk residential buildings (HRRBs) and provide oversight of safety and performance across all buildings.

Question 71

Regulatory Change brought about by Hackitt Review

Answer 71

New approval and enforcement regime for High Rise Residential Buildings (HRRBs), Amendment to Building Regulations restricting use of combustible cladding materials in educational and institutional buildings over 18m, consultation on sprinklers, technical review of AD B, raising the bar competency report. Generally looking to establish a ‘golden thread’ between duty holder, information products and new building control gateway.

Question 72

Fire Safety Order (Regulatory Reform Fire Safety) Order 2005

Answer 72

Applies to England and Wales and came into force 2006. Provides framework for regulating fire safety in non-domestic premises and parts of multi-occupied residential buildings. The Order requires that a responsible person (the person having (a degree of) control of the building takes reasonable steps to reduce the risk from fire and makes sure people can safely escape if there is a fire. Incl. carrying fire risk assessment. The Order consolidated multiple fire safety regimes and responsibilities of enforcing authorities.

Question 73

Fire Safety Act 2021

Answer 73

The Fire Safety Act is a new legislation in response to the Grenfell tragedy and relates to fire safety in buildings in England and Wales with two or more domestic residences. It will make changes to the Fire Safety Order (Regulatory Reform Fire Safety) 2005, specifically clarifying the scope of the Order to apply to structure, external walls (including cladding and balconies) and individual flat entrances between domestic premises and common parts of multi-occupied residential buildings. It also clarifies that a ‘Responsible Person’ could be the owner or manager of a multi-occupied residential building. The Responsible Person will need to perform fire safety risk assessments and failure to comply with obligations could result in enforced action. The Fire Safety Act is to be read in conjunction with the Building Safety Act, which was made law this year. The Act will allow the Architects Registration Board to remove architects from the register if they are unable to prove they have undertaken recent training to keep their skills up to date, including fire safety. Moving forward, the architectural profession will need to pay greater attention to fire safety in design and construction.

Question 74

Fire Safety Enforcing Authority

Answer 74

Enforce the Fire Safety Order 2005 once buildings are complete, b regs body consult them during design and construction of works, have useful info on existing buildings. They also consult with b regs body before issuing an enforcement notice under the fire safety order.

Question 75

Community Infrastructure Levy (CIL

Answer 75

CIL is a fixed charge levy used by local authorities on new development in their area. It is an important tool for local authorities to use to help them deliver the infrastructure needed to support development in their area. The levy only applies in areas where a local authority has consulted on, and approved, a charging schedule which sets out its levy rates and has published the schedule on its website. Most new development which creates net additional floor space of 100 square metres or more, or creates a new dwelling, is potentially liable for the levy. Do not pay Levy: development of less than 100sqm or types of development which local authorities have decided should be subject to ‘zero’ rate and specified as such in their charging schedule. CIL money is used to raise fund the infrastructure, facilities, and services (such as schools or transport improvements) needed to support new homes and businesses.

Question 76

Section 106 Agreements

Answer 76

Legal agreements between Local Authorities and developers; these are linked to planning permissions and can also be known as planning obligations. Planning obligations assist in mitigating the impact of unacceptable development to make it acceptable in planning terms. Planning obligations may only constitute a reason for granting planning permission if they meet the tests that they are necessary to make the development acceptable in planning terms. Section 106 should only be used where it is not possible to address unacceptable impacts through a planning condition. Discussions on Section 106 should take place as early as possible in the planning process. Forms part of the Town and Country Planning Act 1990.

Question 77

Public Consultations

Answer 77

A process that involves the public in providing their views and feedback on a proposal to consider in the decision-making. ‘One to one consultations’, ‘breakfast club’s and ‘exhibitions’ are common methods of engagement with diverse external stakeholders as opportunities to understand the needs and desires of the local community for incorporation and development within a project. After receiving planning application, local authority will undertake a period of consultation which lasts for approximately 21 days. Main types of planning authority consultations are: public consultation, statutory consultees, any consultation required by a direction (further statutory consultations requirements), non-statutory consultees.

Question 78

Ownership Certificate

Answer 78

A certificate which applicants must complete that provides certain details about the ownership of the application site and confirms that an appropriate notice has been served on any other owners. Planning application is not valid until relevant certificate has been completed.

Question 79

Statute Law

Answer 79

Legislation made by Parliament

Question 80

Common Law

Answer 80

Case Law made by Judges

Question 81

Construction law

Answer 81

Six bodies of Construction Law in the UK: Contract: The Law that governs agreements and arrangements between parties Legislation: Various statutes and subordinate legislation (regulations, orders, etc govern the carrying out of construction operations. Restitution: This area of law is concerned with the award of remedies which have one common function – to deprive the defendendant of a gain, rather than to compensate the claimant for loss suffered. Tort: the law that addresses and provides remedies for civil wrongs not arising out of contractual obligations. Breach of Statutory Duty: This is a failure to carry out duties or to fulfil obligations imposed by legislation. An injured person may make a civil claim if they have suffered injury as a result of the breach (unless specifically excluded in the statute itself). Criminal: Sanctions are imposed for acts and omissions which constitute criminal activity under English Law. Non-Contentious: Involves negotiating contracts and general procurement which happens before construction begins. Contentious: When something goes wrong. Early dispute resolution through

Question 82

Civil Liabilities

Answer 82

Being responsible for action and practice that could damage others but are not criminal. i.e legal responsibility for a payment to an aggrieved third party due to violation of a civil law, tort, or breach of contract. PI Insurance: offers cover to protect policyholders for matters arising from claims made against them during the provision of professional services. This applies to matters of negligence and civil liability based policies.

Question 83

Joint and Several Liability

Answer 83

Makes all parties in a suit responsible for damages up to the entire amount awarded. If one party is unable to pay, the others named must pay more than their share.

Question 84

Net Contribution Clauses

Answer 84

Where two or more parties involved in a construction project area each jointly liable for the same loss or damage, the liability of each party will be limited to the amount which would be apportioned to that party by court

Question 85

Proportional Liability

Answer 85

Divides responsibility between the various ‘concurrent wrongdoers’ according to the degree of responsibility of each for the loss. (Similar to Net Contribution Clause)

Question 86

Law of Contract

Answer 86

For a contract to be deemed legally binding, three key elements must exist: Offer (One party makes an offer), Acceptance (the other party accepts the offer), Consideration (Each party provides consideration to the other; this could be a payment, a promise to do something or not do something, or provide something of value).

Question 87

Law of Tort

Answer 87

Negligence is the most common form of tort, whereby four elements must exist for there to be a liability associated with negligence: Duty of Care, Breach of Duty, Damages, Foreseeability.

Question 88

Development

Answer 88

Planning permission is only needed if the work being carried out meets the statutory definition of development, which includes: material changes of use of land and buildings, engineering operations, mining operations, structural alterations, demolition, construction, rebuilding. It does not include: interior alterations except mezzanine floors which increase floorspace of retail premise by more than 200sqm, building operations which don’t materially affect the external appearance of a building, a change in the primary use of land or buildings.

Question 89

Required Documents for Full Planning Application

Answer 89

Standard Application Form, Location Plan (1:1250), Site Plan (1:500), Ownership Certificates, Agricultural Holdings Certificate, Design and Access Statement (if required), Correct Application Fee.

Question 90

Outline Planning Application

Answer 90

An application to find out at an early stage, whether or not a proposal is likely to be approved by the planning authority, before any substantial costs are incurred. This type of planning allows fewer details about the proposal to be submitted. These details may be agreed following a ‘reserved matters’ application at a later stage. Permission lasts for three years.

Question 91

Reserved Matters Application:

Answer 91

After approval of Outline Planning Consent, reserved matters must be submitted to gain the right for development. These include: Appearance – aspects of a building or place which affects the way it looks. Means of Access – covers accessibility for all routes to and within the site, as well as the way they link up to other roads and paths outside the site. Landscaping – Improvement or protection of the amenities of the site and the area and the surrounding area, this could include planting trees or hedges as a screen. Layout – includes buildings, routes, and open spaces within the development and the way they are laid out in relations to buildings and spaces outside the development. Scale – includes information on the size of the development, including each proposed building.

Question 92

Non-material Amendment

Answer 92

Changes that are considered minor and do not significantly change your planning permission.

Question 93

Material Amendment

Answer 93

If the amendments are considered to be material changes they will not be acceptable and you will have to submit a further planning application for a revised scheme and obtain a new planning permission.

Question 94

Planning Permission in Conservation Areas

Answer 94

Check with Local Authority if your area is in Conservation Area. Planning proposals needs to be more sensitive to local heritage and historical architectural language than normal. Some Permitted Developments do not apply to buildings that are listed or in Conservation Areas. Local Planning Authority Local Plan should have a section explaining its general approach to the historic environment.

Question 95

Planning Permission on Common Land

Answer 95

Commons Act 2006. Must get consent from the Planning Inspectorate on behalf of the Secretary of State for Environment, Food and Rural Affairs to carry out: putting up new fences, erecting buildings, making ditches or banks, resurfacing the land, building new solid surfaced roads, paths or car parks.

Question 96

Planning Permission for Listed Building

Answer 96

A Listed Building is a form of special designation under the Planning (Listed Building and Conservation Areas) Act 1990 that puts in place special controls for the demolition, alteration or extension of buildings, objects or structures of particular architectural or historic interest. Listed Building Consent needs to be applied for in addition to Planning Approval.

Question 97

Design and Access Statement

Answer 97

Short reports accompany and supporting a planning application. A DAS is required to accompany planning applications for major developments or those in areas of sensitive interest, such as Listed Building consent applications, Conservation Areas, and World Heritage Sites. The Purpose of the DAS is to explain the design principles and concepts that have been applied to the development. The level of detail should be proportionate to the complexity of the application.

Question 98

Approved Inspector

Answer 98

Privately appointed building control offiers registered with the Construction Industry Council Approved Inspectors. They offer an alternative to those available by the Local Council. Advantages are typically greater availability for meetings and site visits, faster response times to queries and more assistance in understanding the means towards compliance of building regulations. Approved Inspector will apply for approval and give ‘initial notice’ to the local authority letting them know about your building project. Will issue completion certificate to local authority to confirm work has been completed in line with building regulations.

Question 99

Building Control ‘Full Plans’ Applications:

Answer 99

Suited to larger projects, where an application with ‘full plans’ requiring approval of all details prior to the commence of building work.

Question 100

Building Control ‘Building Notice’

Answer 100

Suited to smaller projects where approval can be obtained through a notice stating an inspector will approve the works are they are carried out by a process of inspection.

Question 101

Building Control Officer

Answer 101

Refers to employee of the local authority and is needed to approve your building regulations and issue a certificate to the council. Similar to Approved Inspector. When project is finished, you’ll need to apply yourself for approval via the government planning portal.

Question 102

Building Control Body

Answer 102

A building control body is an organization authorized to control building work that is subject to the Building Regulations in England Wales. It is the function of encforcing building regulation standards.

Question 103

Easements

Answer 103

An easement is a right to use over the property of another. An example would be whereby an easements permit the dominant owner the right to enter or use the servient land in a specified manner. (For example: Right of Way).

Question 104

Covenants

Answer 104

An agreement, contract, or written promise between two individuals that frequently constitutes a pledge to do or refrain from doing something. Covenants can be positive or negative, but they are typically negative. Positive Covenant: An obligation ‘to do something’. For example – to maintain all fences and boundaries every two years. Negative Covenant: An obligation ‘not to do something’. For Example – not use land for a specified use. ‘Run with the Land’: Only negative covenants ‘run with the land’ i.e remain in place from deed to deed (annexed to the land), while all other easements or covenants need to be agreed with the new landowners individually.

Question 105

Hereditaments

Answer 105

Any item of property that can be inherited. Corporal Hereditament: land or a building Incorporeal Hereditament: such as rent.

Question 106

License

Answer 106

Permits agreed between parties allowing use of one’s land for a specific purpose.

Question 107

Implied Terms

Answer 107

Terms whereby their meaning or definition are derived from elsewhere. For example – completion of a task ‘within reasonable time’ in the absence of an expressly stated timing is implied from ‘The Supply of Goods and Services Act 1982’. Implied by Statute: The term will be implied into a contract if a statute states that it is to be implied into that type of contract. Common categories of contracts which contain terms implied by statute include contracts for sale of goods. (i.e The Contract (Rights of Third Parties) Act 1999; The Supply of Goods and Services Act 1982; The Sale of Good Act 1979) Implied by Common Law: The courts will imply terms into certain types of contract (Case Law). Implied by Custom: Standard for a certain trade or the place of the contract. Implied by Previous Dealings: If the parties have done similar business together previously and have consistently done so on the same terms, then these terms may be implied into the contract in the event they are not set out expressly and are not contradicted in the contract. Implied by Fact: Courts imply terms into a contract to fill a gap where the parties intended a term to apply but did not include it expressly in the contract.

Question 108

Statutory Undertakers

Answer 108

Bodies that have been given statutory powers in relation to functions that are of public character (ex. Electricity, gas, telecommunications, and water supplies). Installation of works is exempt from planning permission.

Question 109

Statutory Authority

Answer 109

Bodies set up by law who are authorized to enact legislation on behalf of the relevant country or state (Examples: ARB – Architects Acrt 1997, Historic England – National Heritage Act 1983, Environment Agency – Environment Act 1995, Health and Safety Executive – Health and Safety at Work Act 1974, Local Authorities – Town and Country Planning Act 1990, Building Control – Building Act 1984).

Question 110

Kyoto Protocol / Paris Agreement

Answer 110

first international agreement which commits participants to internationally binding greenhouse emission targets, established by the UNFCCC. Kyoto Protocol required only developed countries to reduce emissions while the Paris Agreement recognized that climate change is a shared problem and called on all countries to set emission targets.

Question 111

Historic England

Answer 111

Administering the ‘List of Buildings of Special Architectural or Historic Interest’ but does not make decisions on ‘listed building consent’. Decisions regarding listings are made by Secretary of State. Local Planning Authority reviews approval of ‘listed building consent’ for such relevant applications as well as issuing enforcement in cases where a breach of consent has occurred.

Question 112

Performing Building Works without Appropriate Consent

Answer 112

Criminal Offense. Local Planning Authority can request works to be reversed. Local Planning Authority can issue ‘Stop Notice’ or ‘Enforcement Notice’.

Question 113

Accessibility Design

Answer 113

the process of specifically considering the needs of differently-abled people when designing Relevant Legislation: The Building Act 1984, The London Plan

Question 114

Inclusive Design

Answer 114

Referred to within the British Standards Institute (BSI) as ‘the design of mainstream products and/or services that are accessible to, and usably by, as many people as reasonably possible without the need to special adaptation of specialized design’.

Question 115

Universal Design

Answer 115

Designing all products and the built environment to be aesthetic and usable to the greatest possible extent by everyone. Relevant Legislation: The Equality Act 2010.

Question 116

Accessibility Consultants

Answer 116

Are available to provide professional advice on the development of inclusive environments in accordance with the Equality Act 2010. Accessibility consultants are typically registered with he National Register of Access Consultants (NRAC) who maintain competency standards among the professions.

Question 117

Contractor's Design Portion

Answer 117

Agreement for contractor to design specific parts of the works. Associated with JCT construction contracts. Should not be confused with design and build contracts where ethe contractor is appointed to design the whole of the works.