GLOSSARY
Building Regulations definition
What does Building Regulations mean?
The Building Regulations 2010 impose minimum standards for carrying out specified works in or about buildings, energy conservation and access to and use of buildings. Building Regulations apply to: new buildings or extensions; installing, extending or altering services or fittings; alterations affecting stability; fire safety; access; and use requirements.
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Real estate—United Kingdom - England & Wales—Q&A guide
Real estate—United Kingdom - England & Wales—Q&A guide This Practice Note contains a jurisdiction-specific Q&A guide to real estate in United Kingdom - England & Wales published as part of the Lexology Getting the Deal Through series by Law Business Research (published: January 2022). Authors: Fried Frank Harris Shriver & Jacobson LLP—Patrick Williams; Jons F. Lehmann; Devina Rana 1. How would you explain your jurisdiction’s legal system to an investor? England and Wales have a common law legal system. Investing in England and Wales is highly favoured given its system of compulsory land registration and just legal system. The laws governing real estate are predominantly statute based, and these are constantly developed through case law. International law is relevant to a limited extent (eg, matters concerning merger control are dealt with by international treaties that the United Kingdom is a part of). It is unclear how Brexit will impact this. In England and Wales, land contracts need to be in writing, to incorporate all relevant terms of sale, and to be signed by both seller and buyer. Oral contracts for the sale of land are usually unenforceable. Contracts for land are 'exchanged', with the legal transfer of ownership taking place on completion of either a deed of transfer or grant of a lease. 2. Does your jurisdiction have a system for registration or recording of ownership, leasehold and security interests in real
The regulation of construction products in the UK
The regulation of construction products in the UK Why are construction products regulated? Construction products are regulated to: • Ensure that a product being placed on the market complies with all legislative requirements, and • Promote confidence in consumers, public authorities, and manufacturers regarding the conformity of products What sort of products are affected? Construction products are defined as ‘any product or kit which is produced and placed on the market for incorporation in a permanent manner in construction works or parts thereof and the performance of which has an effect on the performance of the construction works with respect to the basic requirements for construction works’. Key definitions Placing on the market ‘“Placing on the market” means the first making available of a construction product on the GB market’ as defined by UK government guidance. Making available on the market ‘“Making available on the market” means any supply of a construction product for distribution or use on the GB market in the course of a commercial activity, whether in return for payment or free of charge’ as defined by UK government guidance. Harmonised European product standard The EU Construction Products Regulation 305/2011, Art 2(11) (the ‘EU Construction Products Regulation’) states Harmonised standard ‘means a standard adopted by one of the European standardisation bodies…in accordance with Article 6 of that Directive’. Essential characteristics EU Construction Products Regulation Article 2(4) states essential characteristics ‘means those characteristics of the construction product
Defective Premises Act—work in relation to dwellings
Defective Premises Act—work in relation to dwellings Under the Defective Premises Act 1972 (DPA 1972), a person who takes on work: • for, or in connection with, the provision of a dwelling (DPA 1972, s 1(1)), or • in relation to any part of a ‘relevant building’, which is a building containing one or more dwellings (DPA 1972, s 2A), owes a duty to ensure that the work is done in a workmanlike or, as the case may be, professional manner, with proper materials so that the dwelling is fit for human habitation. 'Fit for habitation' does not impose a separate obligation, but is the standard by which 'workmanlike manner' and 'proper materials' are to be judged. Note that DPA 1972, s 2A was introduced by the Building Safety Act 2022 (BSA 2022), s 134, which come into force on 28 June 2022. There are no authorities on the scope or interpretation of DPA 1972, s 2A. However, its provisions are in many respects comparable to those of DPA 1972, s 1. The guidance on DPA 1972, s 2A, in this Practice Note is therefore based on case law relating to DPA 1972, s 1, and other provisions of the DPA 1972 which likely will be relevant to its application. For specific guidance on how the duties imposed by DPA 1972, ss 1 and 2A, may be relevant in the
Sewers and drains—maintenance and protection of sewers
Sewers and drains—maintenance and protection of sewers Maintenance Every sewerage undertaker has a duty to ensure that its sewers and lateral drains are cleaned and maintained so that its area is, and continues to be, effectually drained. The Environment Act 2021, s. 79, in force from force from such day as the Secretary of State may by regulations appoint, places a duty on sewerage undertakers to prepare, publish and maintain a drainage and sewerage management plan. A ‘drainage and sewerage management plan’ is a plan for how the sewerage undertaker will manage and develop its drainage system and sewerage system so as to be able, and continue to be able, to meet its obligations under WIA 1991, Part IV. For more information see Practice Note: Sewers and drains—sewerage undertakers’ core duties and powers. ‘Cleaning’ a sewer means the removal of all obstructions and matter in it, while ‘maintain’ means keeping it in a proper state of repair but does not require the undertaker to improve or reconstruct it. An undertaker’s duty to maintain its sewers and lateral drains is enforceable under s 18 of the Water Industry Act 1991 by the Secretary of State or, with their consent, Ofwat. A sewerage undertaker has power to inspect, maintain, adjust, repair and alter any sewer, lateral drain or disposal main belonging to or vested in it that is in, under, or over any
Private nuisance—general principles
Private nuisance—general principles Private nuisance Private nuisance is a tort against land and it is concerned with the unlawful interference with a person's use or enjoyment of land or of some right over or in connection with that land. In contrast with most other torts, nuisance is about protecting proprietary interests (and incidentally the environmental quality of those interests), rather than the control of an individual's conduct. Other nuisance actions include: • public nuisance, see Practice Note: Public nuisance—general principles • the rule in Rylands v Fletcher, which is a form of private nuisance and confers a right of action on a claimant who has been damaged by something that the defendant brought on to their land and which then escaped—see Cambridge Water v Eastern Counties Leather. See Practice Note: Nuisance and the rule in Rylands v Fletcher—common law liability for pollution • statutory nuisance under part III of the Environmental Protection Act 1990—see Practice Notes: Statutory nuisance and Neighbour disputes—noise and nuisance for more on statutory nuisance The importance of the division of nuisances into public and private lies partly in the difference of the remedies and defences applicable to each, and partly in the fact that a private individual has no right of action in respect of a public nuisance unless they can show that they have sustained some special damage over and above that inflicted on
Improvement and Prohibition Notices under the Health and Safety at Work etc Act 1974
Improvement and Prohibition Notices under the Health and Safety at Work etc Act 1974 Enforcement of Part I of the Health and Safety at Work etc Act 1974 (HSWA 1974) is often achieved through the service of statutory Improvement Notices and Prohibition Notices. These notices may be served by inspectors appointed under HSWA 1974, s 19(1). This is one of several options open to enforcing authorities (as defined under HSWA 1974, ss 18(7)(a) and 53(1)). Other enforcement options range from informal advice to prosecution. See Practice Note: Powers of health and safety inspectors under the Health and Safety at Work etc. Act 1974. This Practice Note summarises the main features of Improvement Notices and Prohibition Notices, the consequences to which they give rise and how they might be challenged. The main features of Improvement Notices Improvement Notices are dealt with under HSWA 1974, s 21. An Improvement Notice requires the recipient to remedy a contravention of the ‘relevant statutory provisions’. 'Relevant statutory provisions' is a term used throughout HSWA 1974 and it is defined under section 53. It comprises: • the provisions set out under HSWA 1974, Pt I itself (eg the duty of every employer to do all that is reasonably practicable to ensure the health, safety and welfare at work of all their employees under HSWA 1974, s 2(1)) • the regulations made under HSWA 1974, s 15 (eg
Insurance & Reinsurance—Horizon scanning
Insurance & Reinsurance—Horizon scanning This Practice Note provides a summary of some of the key legal and regulatory developments that may impact (re)insurers and (re)insurance practitioners during 2020/2021. In particular, this Practice Note considers three significant areas: (1) the impact of coronavirus (COVID-19) on working practices and professions; (2) the gig economy; (3) intervention by the Financial Conduct Authority (FCA), including the commencement of test case on issues of principle concerning certain business interruption policies. In respect of each of these areas, this note will summarise the key issues and any challenges and opportunities for (re)insurers and (re)insurance practitioners. The impact of coronavirus (COVID-19)—remote working When Prime Minister, Boris Johnson, announced that the UK would go into lockdown on 23 March 2020, every business in the UK was faced with the dilemma, adapt or die. Many business have adapted successfully, mainly due to the ability of their employees to work remotely. General working practices Long before the words ‘unprecedented times’ and ‘COVID-19’ were daily catchphrases, many people were advocating the advantages of remote working for employees and employers alike, such as increased productivity, greater employee well-being and cost savings for businesses, (to name but a few of the benefits). Fortunately, this led a large number of employers to test and invest in the technology to facilitate and support remote working practices prior to the UK lockdown. Service professionals are now
Planning for conservatories, garages and lofts
Planning for conservatories, garages and lofts Many small domestic extensions to dwellinghouses benefit from permitted development rights and do not require planning permission if they meet specific criteria. Legislation and guidance Permitted development rights for development within the curtilage of a dwellinghouse, which includes conservatories, garages and lofts, are set out in: • Schedule 2, Part 1 of the Town and Country Planning (General Permitted Development) (England) Order 2015, SI 2015/596 (in England) (the England GPDO), and • Schedule 2, Part 1 of the Town and Country Planning (General Permitted Development) Order 1995, SI 1995/418 (in Wales) (the Wales GPDO) The Planning Portal in England and Wales contains guidance on permitted development rights for conservatories, garages and lofts—the relevant links are set out in each category below. The government in England and Wales have also published guidance on householder permitted development rights, which includes conservatories, garages and lofts. ‘Dwellinghouse’ The permitted development rights set out in this Practice Note apply to ‘Dwellinghouses’. This is defined in article 2 of the England and Wales GPDO as: ‘“dwellinghouse”, except in Part 3 of Schedule 2 to this Order (changes of use), does not include a building containing one or more flats, or a flat contained within such a building’. Therefore, flats and maisonettes are excluded from such rights. Article 4 Directions Local planning authorities can issue 'Article 4 Directions', which effectively remove permitted development rights, thereby requiring a
Regulation of construction products
Regulation of construction products This Practice Note provides guidance on the regulation of construction products by the EU’s Construction Products Regulation (EU) No 305/2011 (the 2011 Regulation) and the UK’s Construction Products Regulations 2013, SI 2013/1387 (the CPR 2013). It also sets out relevant practical considerations, including tips for designers, employers, contractors and sub-contractors/suppliers. Overview of the regulatory regime Construction Products Regulation The 2011 Regulation is a piece of EU law binding on all Member States of the EU, and other countries forming part of the European Economic Area (EEA). It came into force on 1 July 2013 and is self-executing in EU Member States (and therefore applicable in domestic law without any further national legislation). The 2011 Regulation is intended to simplify and clarify the framework of standards and granting of technical approvals introduced by Directive 89/106/EEC on construction products. It introduces a system of traceability of, and accountability for, construction products placed on the 'internal' (single European) market. Additionally, by harmonising construction product norms, market barriers within the EU are removed, allowing those products to circulate freely and encouraging competition in the internal market. Construction Products Regulations 2013 The Construction Products Regulations 2013, SI 2013/1387 make express provision in the UK for enforcement of the 2011 Regulation, and also came into force on 1 July 2013. The CPR 2013 set out offences for breaching the 2011 Regulation, penalties and
Houses in multiple occupation (HMOs)
Houses in multiple occupation (HMOs) ‘HMOs are, or are usually, domestic premises originally designed for occupation by one family, which have been converted for occupation by a number of separate families or individuals. This process, which almost inevitably involves the sharing of bathing or kitchen facilities, and the use of parts of the premises for purposes for which they were not originally designed, raises obvious potential problems in terms not just of the amenity but also of the safety of the premises. In addition, government and Parliament have seen the need to make special provision in respect of HMOs because of the regrettable fact that it is often persons and families most in need of social protection, including families with young children, who find themselves obliged to occupy housing that, in the main, is likely to be much less adequate than purpose-built flats or houses.’ The Housing Act 2004 (HA 2004) introduced licensing for houses in multiple occupation (HMOs). It provides a detailed definition of HMOs and sets out standards of management for this type of property. HMO management All HMOs are subject to management regulation. The duties are imposed on the HMO manager; which is defined as being the person who is the owner or lessee who collects rents from tenants or licensees (be that directly or through an agent or trustee). The duties imposed on the HMO
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Plot sale agreement—freehold
Plot sale agreement—freehold date [date] Parties 1 [name of Seller] [of OR incorporated in England and Wales with registration number [number] whose registered office is at] [address] (Seller) 2 [name of (first) Buyer] [and [name of second Buyer] each] [of OR incorporated in England and Wales with registration number [number] whose registered office is at] [address] (Buyer) 1 Definitions In this Agreement, the following definitions apply: Actual Completion • the date on which the transfer of the Property to the Buyer is actually completed, and references in the Standard Conditions to 'actual completion' must be read accordingly; Buyer’s Solicitors • [name] of [address] (reference [details]); [Charge[s] • the charge[s] appearing at [entry OR entries] [number] [and [number]] in the charges register of title number [number] at [date and time of official copy entries];] Competent Authority • any local authority, government department, other body exercising powers under statute or by Royal Charter, or utility service or supply company; Completion Date • [10] working days from (but excluding) the date on which the Seller [or the Seller’s Solicitors] serve[s] the Completion Notice on the Buyer; Completion Monies • The Price: (a) less the Initial Deposit[, OR and] the Deposit [and the Incentive] [; but] (b) [plus the Contents Price;] Completion Notice • the notice informing the Buyer of Practical Completion; Consents • [planning permission and] all [other] approvals, consents, permissions and licences of any local or other Competent Authority that may from time to time be necessary to
Schedule of services—Structural Engineer (traditional procurement)
Schedule of services—Structural Engineer (traditional procurement) Schedule of services—structural engineer (traditional procurement) The Consultant shall: General responsibilities (Stages 0–7) • [act as Lead Consultant in relation to the Project, which shall include: • advising in relation to the scopes of services for other members of the Design Team • advising on the need for other specialist consultants that may be required to complete the Project (and their scopes of services) • directing other consultants forming the Design Team • co-ordinating and integrating the design of the Project as a whole • arranging and chairing regular design meetings to facilitate the conduct of the Project and ensure that minutes are taken and circulated afterwards • facilitating communication between the Client and the Design Team] • [perform services as Principal Designer for the purposes of the Construction (Design and Management) Regulations 2015 to ensure best practice at all times in respect of safety in design OR interact and liaise as required with the Principal Designer and ensure best practice at all times in respect of safety in design] • receive the Client’s instructions and information relating to the Project • [liaise and co-operate with the Lead Consultant] • liaise and co-operate with other members of the Design Team • develop design within the cost parameters of the Project • prepare and/or review drawings and specifications as may be required • provide, agree and review with the Client on a regular basis a deliverables
Report on title—long form
Report on title—long form Property: [insert name and/or address of the Property] (‘Property’) Purchaser: [insert name, address and (if applicable) company registration number of buyer] Transaction: [insert brief details] 1 Executive summary 1.1 Scope of report This report is addressed to you [insert buyer’s name] and has been prepared for your sole benefit in connection with your proposed acquisition of the Property. This report may not be disclosed to or relied upon by any other party without our prior written consent. 1.2 [ Good and marketable title We are of the opinion that, subject to the matters referred to in this report, upon completion of the purchase of the Property, payment of [stamp duty land tax OR land transaction tax] and registration at HM Land Registry, you will obtain a good and marketable title to the Property.] 1.3 Areas of concern [Insert any concerns about the Property arising from your due diligence]. [Title indemnity insurance [has been OR will be] obtained in respect of [insert details of title defect which has been/will be insured against]. The indemnity insurance policy provides cover up to a maximum of £[insert amount] for a period of [insert period of cover] against [insert risks covered].] [[Insert any other relevant information and advice about the policy.]] 2 Transaction summary and key terms [You have informed us that this is an investment purchase and this report is based on the assumption that you will continue to use
Lease of bare land for car parking
Lease of bare land for car parking DATE [date] Parties 1 [name of Landlord] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] (Landlord) 2 [name of Tenant] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] (Tenant) 1 Definitions In this Lease, the following definitions apply: 1987 Order • the Town and Country Planning (Use Classes) Order 1987, SI 1987/764 in its form as at 31 August 2020; 2003 Order • the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003, SI 2003/3096; Adjoining Property • any property adjoining or near to the Property; Annual Rent • £[amount] a year; Competent Authority • any authority which has jurisdiction in relation to the Property, its occupation or use; Conduits • any media and associated equipment for conducting energy, data or substances; Consent • a written consent obtained from the Landlord; Costs • are any costs, losses, damages and liabilities, whether or not resulting from claims, demands, actions or proceedings; Deposit • £[amount]; Forfeiture Event • (a) the instigation of any process or proceedings: i for the appointment of an administrative receiver, administrator, liquidator, monitor, provisional liquidator, receiver (or manager), supervisor, or trustee in bankruptcy, in relation to the Tenant or its property; or ii by way of execution or enforcement of any debt against any assets of the Tenant; (b) the Tenant: i is unable to pay its debts within the meaning of
Lease of part (office)
Lease of part (office) HM Land Registry Particulars LR1. Date of the lease [date] LR2. Title number(s) LR2.1 Landlord's title number(s) [title numbers out of which this Lease is granted (but leave blank if the Landlord’s title is unregistered)] LR2.2 Other title numbers [existing title number(s) against which entries of matters referred to in LR9, LR10, LR11 and LR13 are to be made] LR3. Parties to this lease Landlord [name of Landlord] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] [and whose address for service in England and Wales is [address]] Tenant [name of Tenant] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] [and whose address for service in England and Wales is [address]] Other parties [ Guarantor [name of Guarantor] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] [and whose address for service in England and Wales is [address]] ] [[details and capacity of other parties (eg management company, etc)]] LR4. Property In the case of a conflict between this clause and the remainder of this Lease then, for the purposes of registration, this clause shall prevail. The property described in Part 1 of Schedule 1.This Lease contains provisions relating to the creation or passing of easements — see clause 3.1, clause 3.3 and Part 2 of Schedule
Agreement for sale of long residential lease (off plan)
Agreement for sale of long residential lease (off plan) DATE [date] Parties 1 [name of Seller] [of OR incorporated in England and Wales (with company registration number [number]) whose registered office is at OR [address] (the Seller) 2 [name of (first) Buyer] [and [name of second Buyer] each] of OR incorporated in England and Wales (with company registration number [number]) whose registered office is at] [address] ([collectively] the Buyer) 1 Definitions In this Agreement, the following definitions apply: Actual Completion Date • the date on which the Lease is granted, and references in the Standard Conditions to 'actual completion' must be read accordingly; Block • [designation, eg Block A, Block 1, etc)] forming part of the Estate where the Property is located and shown [edged OR hatched OR coloured] [colour] on [the [[name]] Plan OR Plan [number]]; Buyer’s Solicitors • [name] of [address] (reference [reference]) or any other firm the Buyer notifies to the Seller; Competent Authority • any local authority or government department, or any other body exercising powers under statute or by Royal Charter, or any utility service or supply company; Completion Date • [10] working days from (but excluding) the date on which the Completion Notice is served on the Buyer; Completion Notice • the notice informing the Buyer of Practical Completion; Consents • [planning permission and] all [other] approvals, consents, permissions and licences of any local or other Competent Authority that may from time to
Modern Methods of Construction (MMC) and Net Zero Provisions for Construction or Development Agreements (Madhavi’s Clause) (The Chancery Lane Project)
Modern Methods of Construction (MMC) and Net Zero Provisions for Construction or Development Agreements (Madhavi’s Clause) (The Chancery Lane Project) Modern Methods of Construction (MMC) and Net Zero Provisions for Construction and Development Agreements (The Chancery Lane Project) 1 Definitions Best Industry Practice • means design, supply, construction, delivery to site, installation, commissioning, remedy and repair practices which are carried out: (a) with the standard of skill, care and diligence which may reasonably be expected of a skilled and experienced professional carrying out design, supply, construction, delivery to site, installation, commissioning, remedy and repair work similar to the Works, except where the Employer’s Requirements expressly sets out performance standards and/or specific compliance requirements in respect of the Works which the Contractor is required to comply with, in which case the Contractor shall comply with any such standards and/or requirements or such other higher compliance standard; (b) in a manner that is Paris Aligned; (c) [in a manner that considers how wider local and global stakeholders (including employees, subcontractors, occupiers of the asset and supply chain partners) are affected by both climate risk and the transition to a low carbon economy and how the Contractor can improve their resilience throughout the delivery of the Contractor’s activities;] (d) in a manner that complies with applicable law, safety regulations (including fire safety regulations, building regulations and standards), environmental protection and good practice guidance produced by
Pie crust lease of a unit on an estate
Pie crust lease of a unit on an estate HM Land Registry Particulars LR1. Date of the lease [date] LR2. Title number(s) LR2.1 Landlord's title number(s) [title numbers out of which this Lease is granted (but leave blank if the Landlord’s title is unregistered)] LR2.2 Other title numbers [existing title number(s) against which entries of matters referred to in LR9, LR10, LR11 and LR13 are to be made] LR3. Parties to this lease Landlord [name of Landlord] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] [and whose address for service in England and Wales is [address]] Tenant [name of Tenant] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] [and whose address for service in England and Wales is [address]] Other parties [ Guarantor [name of Guarantor] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] [and whose address for service in England and Wales is [address]] ] [[details and capacity of other parties (eg management company, etc)].] LR4. Property In the case of a conflict between this clause and the remainder of this Lease then, for the purposes of registration, this clause shall prevail. The property described in Part 1 of Schedule 1.This Lease contains provisions relating to the creation or passing of easements — see clause 3.1, clause 3.3
Schedule of services—M&E Engineer (traditional procurement)
Schedule of services—M&E Engineer (traditional procurement) Schedule of services—M&E engineer (traditional procurement) The Consultant shall: General responsibilities (Stages 0–7) • [act as Lead Consultant in relation to the Project, which shall include: — advising in relation to the scopes of services for other members of the Design Team — advising on the need for other specialist consultants that may be required to complete the Project (and their scopes of services) — directing other consultants forming the Design Team — co-ordinating and integrating the design of the Project as a whole — arranging and chairing regular design meetings to facilitate the conduct of the Project and ensure that minutes are taken and circulated afterwards — facilitating communication between the Client and the Design Team — co-ordinate and collate end of stage reports] • [perform services as Principal Designer for the purposes of the Construction (Design and Management) Regulations 2015 to ensure best practice at all times in respect of safety in design OR interact and liaise as required with the Principal Designer and ensure best practice at all times in respect of safety in design] • receive the Client’s instructions and information relating to the Project • [liaise and co-operate with the Lead Consultant] • liaise and co-operate with other members of the Design Team • develop design within the cost parameters of the Project • prepare and/or review drawings and specifications as may be required • provide, agree and review with the
Schedule of services—Architect (Traditional procurement)
Schedule of services—Architect (Traditional procurement) Schedule of services—Architect (Traditional procurement) The Architect shall: General responsibilities (Stages 0–7) • [act as Lead Consultant in relation to the Project, which shall include: • advising in relation to the scopes of services for other members of the Design Team • advising on the need for other specialist consultants that may be required to complete the Project (and their scopes of services) • directing other consultants forming the Design Team • co-ordinating and integrating the design of the Project as a whole • arranging and chairing regular design meetings to facilitate the conduct of the Project and ensure that minutes are taken and circulated afterwards • facilitating communication between the Client and the Design Team] • [perform services as Principal Designer for the purposes of the Construction (Design and Management) Regulations 2015 to ensure best practice at all times in respect of safety in design OR interact and liaise as required with the Principal Designer and ensure best practice at all times in respect of safety in design] • receive the Client’s instructions and information relating to the Project • report to the Client as necessary • liaise and co-operate with other members of the Design Team • provide, agree and review with the Client on a regular basis a deliverables schedule for work up to each relevant stage of the Project, itemising each piece of design information to be submitted and the
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What is the risk to a tenant if the landlord fails to produce an EPC on or before completion of a lease of commercial premises?
What is the risk to a tenant if the landlord fails to produce an EPC on or before completion of a lease of commercial premises? The key regulations that govern energy performance certificates (EPCs) are the Energy Performance of Buildings (England and Wales) Regulations 2012 (EPC Regs 2012), SI 2012/3118 and the Building Regulations 2010, SI 2010/2214, which implement the requirements of the recast Energy Performance of Buildings Directive 2010/31/EU, (recast EPBD Directive). EPC Regs 2012 apply to all buildings across England and Wales. Under the regulations an EPC is required: • when an existing building is sold or rented out • when a building under construction is finished, or • after refurbishment when there are greater or fewer separate parts of the building and the modification includes the provision or extension of fixed heating, air conditioning or mechanical ventilation systems For further
Should there be a Build Over Agreement for an extension over a public sewer built in 2002? When did the oversight of building over sewers move from Building Control to the Water Authorities?
Should there be a Build Over Agreement for an extension over a public sewer built in 2002? When did the oversight of building over sewers move from Building Control to the Water Authorities? Building on or over the strip of, or close to (within three meters of), a public sewer is not permitted without the consent of the water service company which may be dependent on the developer entering into a build over agreement. Such an agreement will stipulate what protection the sewer requires, what access arrangements the water service
How long does the aggrieved have to appeal the decision of a magistrates’ court decision regarding a section 215 of the Town and Country Planning Act 1990 notice?
How long does the aggrieved have to appeal the decision of a magistrates’ court decision regarding a section 215 of the Town and Country Planning Act 1990 notice? The purpose of section 215 of the Town and Country Planning Act 1990 (TCPA 1990) is to give a local planning authority (LPA) power to take steps to require land to be cleared up where its condition affects the amenity of the area. It does this by serving a 'section 215 notice'. The notice takes effect at the end of such period as may be specified in the notice which must not be less than 28 days after the service of the notice. TCPA 1990, s 217 sets out rights for a recipient of the notice, or any other person who has an interest in the land to which the notice relates, to appeal against the notice to the magistrates’ court. TCPA 1990, s 217(1) specifies that ‘A person on whom a notice under
How do MEES regulations affect farmhouses which are already let under old-style Agricultural Holdings Act 1986 tenancies? Are farmhouses regarded as residential properties for the purposes of these regulations or are they mixed properties?
How do MEES regulations affect farmhouses which are already let under old-style Agricultural Holdings Act 1986 tenancies? Are farmhouses regarded as residential properties for the purposes of these regulations or are they mixed properties? What do the MEES regulations provide? The efficiency'>Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (MEES Regs 2015), SI 2015/962 prohibit the letting of substandard (ie with an energy performance certificate (EPC) rating of ‘F’ or ‘G’) domestic private rented property (DPR property) as follows: • from 1 April 2018, MEES Regs 2015, SI 2015/962, Pt 3 prohibits the granting of a new tenancy to a new or existing tenant (including any extension, or renewal of an existing tenancy or statutory periodic tenancy which comes into existence at the end of a fixed-term shorthold tenancy) • from 1 April 2020, the MEES Regs 2015, SI 2015/962 will apply to all leases including where the landlord continues to let a substandard DPR property The Department for Business, Innovation and Skills (BEIS), has published non-binding guidance for landlords on complying with their obligations under MEES Regs 2015, SI 2015/962 (published by BEIS on 9 October 2017), see: Guidance for landlords and Local Authorities on the minimum level of energy efficiency required to let domestic property under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015. What is domestic private rented property? For the purposes of
Under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, is it necessary for a commercial landlord to commission new energy performance certificate’s when a lease is granted pursuant to the Landlord and Tenant Act 1954 and one does not already exist?
Under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, is it necessary for a commercial landlord to commission new energy performance certificate’s when a lease is granted pursuant to the Landlord and Tenant Act 1954 and one does not already exist? For the purpose of this Q&A we have assumed that the leases referred to are business leases which are to be renewed under the security of tenure provisions in the Landlord and Tenant Act 1954 (LTA 1954). The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (EE(PRP) 2015), SI 2015/962 make provision for minimum energy efficiency standards in the rental sector. This includes commercial rental premises. From 1 April 2018, if the relevant premises has an energy performance certificate (EPC) rating of F or G, a landlord will be unable to let the premises on a new tenancy or let the property on such a tenancy as a result of an extension or renewal of an existing tenancy, unless an exemption applies or has been registered, or there are no relevant energy efficiency improvements that can be made or those improvements have been made: see, generally, EE(PRP) 2015, SI 2015/962, regs 27 to 29. From 1 April 2023, compliance will be required for existing lets rather than just new lets. The relevant property must be a ‘non-domestic PR property’ as defined
Where a company is selling a number of properties which do not have EPCs, is it correct that where a Streamlined Energy and Carbon Report (SECR) is provided, an EPC is not required? Is there any correlation between the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, SI 2015/962 and the requirements to have a SECR report?
Where a company is selling a number of properties which do not have EPCs, is it correct that where a Streamlined Energy and Carbon Report (SECR) is provided, an EPC is not required? Is there any correlation between the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, SI 2015/962 and the requirements to have a SECR report? The key regulations governing EPCs are the Energy Performance of Buildings (England and Wales) Regulations 2012 (EPC Regs 2012), SI 2012/3118, and the Building Regulations 2010, SI 2010/2214. An EPC is required: • when an existing building is sold or rented out • when a building under construction is finished • after refurbishment when there are greater or fewer separate parts of the building and the modification includes the provision or extension of fixed heating, air conditioning or mechanical ventilation systems An EPC is not required in respect of some buildings—see Practice Note: Energy performance certificates (EPCs)—what are they and when are they required?, in particular section: Energy performance certificates (EPCs)—what are they and when are they required?—Buildings that don't need an EPC. EPC Regs 2012, SI 2012/3118, reg 37 provides details of when the defence that the EPC is 'unobtainable' may be used and EPC Guidance for Non-Dwellings, Chapter 6 also contains guidance on situations where an EPC may be unobtainable in time. This includes where the person who is
What does Business Companion's 'Consumer Rights Act: Services Guidance for Business' say?
What does Business Companion's 'Consumer Rights Act: Services Guidance for Business' say? Consumer Rights Act 2015 (CRA 2015) received Royal Assent on 26 March 2015. It is due to come into force on 1 October 2015. The Consumer Rights Act: Services Guidance for Business has been produced by the Department for Business, Innovation and Skills (BIS). As the guidance states, it 'is not intended to cover every situation and you may need to carefully consider how the Act (and any other relevant legislation) apply in your specific circumstances'. In due course, there are likely to be court cases on the CRA 2015, Ch 4 (ie where the rules on services are contained). That said, for the time being, it is a useful tool to understand the approach of the government and the Chartered Trading Standards Institute. What does it say generally? The guidance reiterates that: • the CRA 2015 could apply to traders not based in the UK but who market their services to consumers living in the UK (page 5) • there is no definition of 'service' in the CRA 2015. The guidance suggests that the definition of goods and digital content respectively in the CRA 2015 (and the respective guidance: Consumer Rights Act: Goods Guidance for Business and Consumer Rights Act: Digital Content Guidance for Business) should be considered and if neither definition applies then 'it is very likely
If a replacement front door has less than 50% glazing, does it require approval under a competent person scheme?
If a replacement front door has less than 50% glazing, does it require approval under a competent person scheme? Regulation 12(6) of the Building Regulations 2010 (the 2010 Regulations), SI 2010/2214 (SI 2010/2214, reg 12(6)) states that 'a person intending to carry out building work is not required to give a building notice or deposit full plans where the work consists only of work— • described in column 1 of the Table in the 2010 Regulations, SI 2010/2214, Sch 3 if the work is to be carried out by a person described in the corresponding entry in column 2 of that Table, or • described in the 2010 Regulations, SI 2010/2214, Sch 4’ The Table in the 2010 Regulations, SI 2010/2214, Sch 3 includes the following entries for the replacement of a door: 10 Installation, as a replacement, of a window, rooflight, roof window or door in an existing
Should air conditioning units have Building Regulation approval for their installation? Is there any other paperwork we should be asking for?
Should air conditioning units have Building Regulation approval for their installation? Is there any other paperwork we should be asking for? Whether Building Regulation approval is required to install air conditioning depends on the exact specifications of the air conditioning unit and the type of building in which it is to be installed. It is worth speaking to the relevant building control body to obtain accurate advice on the requirements. Requirements relating to building work The Building Regulations 2010, SI 2010/2214 (the 2010 Regulations) states that 'building work shall be carried out so that…it complies with the applicable requirements contained in Schedule 1'. Schedule 1, PART L 'CONSERVATION OF FUEL AND POWER' states that: Reasonable provision shall be made for the conservation of fuel and power in buildings by— (a) limiting heat gains and loses— (i) through thermal elements and other parts of the building fabric; and (ii) from pipes, ducts and vessels used for space heating, space cooling and hot water services; (b) providing fixed building services which— (i) are energy efficient; (ii) have effective controls; and (iii) are commissioned by testing and adjusting as necessary to ensure they use no more fuel and power than is reasonable in the circumstances. The 2010 Regulations, reg 2 2 defines 'fixed building services' as including any part of, or any controls associated with fixed systems for air conditioning or mechanical
Is a landowner required to provide an energy performance certificate on the grant of an option?
Is a landowner required to provide an energy performance certificate on the grant of an option? This Q&A raises the effect of the grant of an option and the impact it has upon owners of land under the Energy Performance of Buildings (England and Wales) Regulations 2012, SI 2012/3118 (the Regulations). The Regulations, SI 2012/3118 give effect to Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings (the original Directive) and Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (the recast Directive). The 27th recital to the latter Directive states that a common approach to energy performance certificates (EPC) ‘will introduce transparency for prospective owners or users with regard to energy performance in the union property market’. An EPC is issued by an energy assessor, namely a person accredited by the Secretary of State for that purpose (the Regulations, SI 2012/3118, reg 2(1) and regulation 30 of the Building Regulations 2010, SI 2010/2214). It must contain specified information, but in particular it must state its asset rating (the Regulations, SI 2012/3118). That is a numerical indicator of the amount of energy estimated to meet the different needs associated with a standardised use of a building, assessed pursuant to SI 2010/2214 (the Regulations, SI 2012/3118, reg
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