Can you tell me what a S.105 agreement is?
A S.105 under the Housing act the council has a legal obligation to consult its secure tenants on matters of housing managment such as demolition/ changes.
These consultations are carried out where development proposals may have impact on council tenants on secure tenancies,
Can you tell me what a section 106 agreement is?`
Known as developer contributions, they are a legally binding contract between a local planning authoiruty and and developer/owner that aims to mitigate the impact of development on the local community and infrastructure.
What is Passivhaus?
Passivhaus is a way of achieving comfot without any requirement for additional heating and cooling.
This is achieved through:
- accurate design modelling
- high levels of insultation
- extremely high performance windows with instaulated frames
- airtight building fabric
- thermal bridge free construction
- a mechanical ventilation system with highly efficient heat recovery.
What does NABERS stand for and what is its benefits over other environmental acredititions?
National Australian Built Environment Rating System
- star rating
Benefits
- assesses the actual performance of a building as opposed to the theoretical
- 12 month renewal - keeps the rating upto date
- More holistic and broad assessment than others in categories such as Energy, water, waste and indoor environment
What is the typical form of construction of a tudor building?
Tudor - exposed timber frame often coloured black, white washed wattle and daub. Steep thatch roofs. lead casement windows.
- Georgian
What is a facility agreement?
It is a contract that sets out the terms and conditions of a loan, this is often used when funding developments.
A facility agreement may include:
- the loan amount
- how the loan will be released
- contingency expenditure
- drawdown process
- conditions precedent for loan to draw
- who the facility agent is?
What is a faciity agent?
They manage the loan process and facility agreement. In the case of monitoring - we would report to the facility agent.
What is the process for public sector procurement?
This is governed under the
What is the updated requirement for Public Sector Procurement?
The Public Contracts Regulations 2015 when the employer is a public entity and the contract value exceeds a threshold of around £5.3mil for construction works.
The selection process is normally required to be preceded by issuing a notice on Find a Tender which has replaced the Offical Journal of the European Union (OJEU) since leaving the EU.
What is the difference between CDM PD and BSA PD?
CDM PD is for designing out health and safety risk, BSA PD is for designing to comply with the building regs.
When can BS PD and CDM PD not be the same person?
When CDM PD is not the lead designer on the project. BSA PD is required to be the lead designer.
How can yoy identify Knotweed?
- Tear shaped leaf
- Red stems
- zig zaged stem shape
What should you consider if identifying knotweed?
Grow periods
- during winter and autumn the plant dies away and is very difficult to spot
- summer/spring it blooms massively and takes off
What are the enforcement notices that can be issued by the BSR?
- a compliance notice when a duty holder contravenes, or is likely to contravene, a provision of building regulations;
- a stop notice when building work contravenes a provision of building regulations and the use of the building would present a risk of serious harm to people in or around the buildings, or where work is taking place without Building Control approval, or a compliance notice has been contravened;
- a notice requiring alteration or removal of offending work can be served where building work contravenes a provision of building regulations.
What are collateral warranties and third party rights and how do they differ?
- Collateral warranty are agreements which are associated with a primary contract, extending the duty of care from one of the contract parties to a third party
- Third party rights will relate to particular terms within the contract e.g. if a term says the contractor has to use materials of good quality, this may be the subject of a third party enforcement right.
What is the benefit of third party right over Collateral warranties?
- Time and cost - third party rights can be incorporated into building contractrs with a simple notice avoiding the need for detailed agreements.
Collateral warranties are seen as more effective and mirror the contract.
What are some typical inclusions within a collateral warranty?
- PII insurance levels (usually match that of the contract)
- Assignment clause
- liability limitation
- time period (12 years)
etc
How has the moderistation of the construction industry aided in the reduction of greenhouse gas emmisisons?
- Modern Methods of Construction : Prefab, modular
- Lean Construction - Minismising waste throughout the project through careful planning etc.
- Digitisation - such as the use of BIM modelling
- Low-carbon sustainable materials - hempcrete, carbon sequestrial mateirals
What is Stage 1 and Stage 2 drying?
Stage 1 - slow drying ensuring moisture remains in flow
Stage 2 - water flow evaporates and prevents proper flow
What are different management categories of knotweed?
A - Causing damage to the property
B - in close proximity to the property but no current damage
C - present on site
D - offsite within 3 metres
What is solving a dispute adversarial as opposed to by consent?
Adversarial are resolution methods such as:
- litigation
- adjudication
- arbitration
Both parties against each other to reach resolution
By consent
- mediation
- negotiation
Both parties working together to reach resolution
What is the difference between adjudication and arbitration?
- adjudication is quick with a set 28 to 42 day timeframe. Adj is also not completely binding and can be overturned by arb or litigation.
- Adj only focuses on the specific issue at hand. Arb reviews all information available and will input on variety of interrelating technical and legal matters.
- Arbitration - is a final bindng resolution that can takes consideraly longer similar to court. Arb provides more flexibility in terms of timeframes etc
What is Novation?
Transfer of contractual rights and obligations transfer from one party to another.
What is assignment?
Tramsfer of contractual benefits from one party to another.
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