Business : Legal News

Fire Safety Bill finally due to become law

The Fire Safety Bill clarifies where responsibility for fire safety lies in multi-occupied buildings in England and Wales and is set to receive Royal Assent today, 29 April. The Bill has gone through many rounds of votes as the House of Lords and some MPs tabled amendments in attempts to

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9 Things You Should Know Before Filing A Personal Injury Claim

If you’ve been injured in an accident, you’re entitled to file a personal injury claim. But, before filing a claim for personal injury, there are various things you should know. One of these is that filing a personal claim is a complicated process. Fortunately, once you choose the best personal

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What To Do If You’re Involved In A Truck Accident

Although the premises are pretty similar, truck accidents are different from your typical car accidents. They have a higher mortality rate and can lead to more catastrophic damages to the surroundings. As such, the compensation will be relatively higher than usual, so dealing with a truck accident is much different

Read More »

4 Reasons Construction Workers May Need Injury Lawyers

When people lose their lives or their homes because of these accidents, the survivors are left with massive financial liabilities that are often beyond their capabilities to pay. So, to get justice and compensation for all their losses, they hire the services of an injury lawyer.  There are many reasons

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5 Ways To Prevent Health Problems From Your Building

If your building makes employees experience sick building syndrome (SBS), it’s time for you to take this matter seriously. SBS is a condition where people get sick because of the building’s condition. Many factors contribute to this, like poor indoor air quality and other subfactors that weren’t considered beforehand.  Since

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Garden buildings and the Party Wall Act

The Party Wall Act 1996 governs building work that affects a shared wall, boundary or structure between adjoining properties. It sets out the specific process that must be followed to protect the interests of both Building Owners and Adjoining Owners. The Act typically applies to loft conversions, basement excavations, building

Read More »
Latest Issue
Issue 324 : Jan 2025

Business : Legal News

Fire Safety Bill finally due to become law

The Fire Safety Bill clarifies where responsibility for fire safety lies in multi-occupied buildings in England and Wales and is set to receive Royal Assent today, 29 April. The Bill has gone through many rounds of votes as the House of Lords and some MPs tabled amendments in attempts to try and ensure leaseholders would not have to pay for required safety works. As the Bill becomes law it is important that agents understand the implications for building owners and residents with regards to any additional checks and costs. What it means The Fire Safety Bill amends the Fire Safety Order 2005, and along with the draft Building Safety Bill, is part of a collection of new legislation that aims to tackle the recommendations within the Grenfell Tower Inquiry.  The Fire Safety Order 2005 brings together different pieces of fire legislation and designates those in control of premises as the responsible person for fire safety and managing risks. The Bill clarifies that for any building containing two or more sets of domestic premises the Order applies to the building’s structure and external walls and any common parts, including the front doors of residential areas. It also clarifies that references to external walls in the Order include “doors or windows in those walls” and “anything attached to the exterior of those walls (including balconies).” This now means that building owners or managers in multi-occupied residential buildings must include an assessment of risk related to fire and take precautions to reduce the risk of fire spreading in respect of these parts of the relevant premises. As a result, Fire and Rescue Authorities have the relevant enforcement powers to hold owners or managers to account. Following the disaster of the 2017 Grenfell fire, it is promising news that the Fire Safety Bill will finally receive Royal Assent today. It’s a significant step to ensuring that everyone feels safe in their own homes. The Bill will clarify who is responsible for fire safety in multi-occupied buildings. There will now likely be a more joined-up approach between owners and authorities, providing greater enforcement to prevent any further tragedy. Agents must now ensure they understand the implications put onto owners and residents with regards to any additional checks and costs. Mark Hayward – Propertymark Chief Policy Advisor Propertymark campaigning In September last year, Propertymark provided written evidence to the Housing Committee’s pre-legislative scrutiny of the Draft Building Safety Bill highlighting a number of concerns. These include the recruitment, training, and the role of Accountable Persons and Building Safety Managers as well as gaps between the new Building Safety regime and legacy stock. We also highlighted the impact on material information and the remediation of any unsafe cladding because there is a huge lack of awareness amongst letting agents and estate agents who buy, sell, and rent property that falls within the scope of the new regulatory regime. To this end, we are working with other professional bodies in the sector and the National Trading Standards Estate and Letting Agency Team to update guidance relating to the Consumer Protection Regulations and ensure agents provide the correct information to consumers.

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9 Things You Should Know Before Filing A Personal Injury Claim

If you’ve been injured in an accident, you’re entitled to file a personal injury claim. But, before filing a claim for personal injury, there are various things you should know. One of these is that filing a personal claim is a complicated process. Fortunately, once you choose the best personal injury lawyer from a reputable Denver PI Firm to handle your claim, the entire process will run smoothly. However, it’s still essential to keep the following things in mind before you decide to file a claim: 1. Know if Your Insurance Policy Covers the Accident If you think your injuries or the accident are caused by someone’s negligence, you might want to determine if that person has insurance coverage that would cover the injury claim you’ll take. For instance, if you’ve suffered from injuries due to a workplace accident, know if the company has insurance coverage for this or if your employer has a workers’ compensation policy. It’s crucial to do this since it can determine whether or not you’d be able to get a fair settlement. 2. Filing Personal Injury Claims Have Time Limits When filing a personal injury claim, you need to consider the time limits or statute of limitations to obtain a more desirable outcome for your case. Typically, the majority of personal injury claims are subject to strict time limits, which require court proceedings to be commenced within three years of the incident’s date. Other claims are also subject to shorter time limits. Therefore, it’s necessary to take legal advice immediately and never delay the process if you want to file a claim. Remember, by keeping the statute of limitations in mind, you’ll be encouraged to file your claim promptly. If you know you have a limited amount of time to initiate your case, you’re more likely to do so sooner rather than later. This can help ensure the evidence isn’t lost or destroyed and that the witnesses’ memories are still fresh. 3. Medical Evidence is Crucial to Support Your Claim Depending on the injuries you’ve sustained, you must seek medical advice from a doctor or any hospital. Medical evidence is needed to support your personal injury claim. If you can’t get your medical report because you’re still recovering, let your lawyer obtain it for you. 4. Insurance Companies are Involved in Personal Injury Cases Most personal injury cases often involve insurance companies, including claims that involve medical malpractice, vehicle accidents, or other accidents that happen in private homes or businesses. Insurance companies are vested in protecting your insurance company’s financial interests. The settlement offer that insurance providers make might not always be fair since they limit their company’s financial exposure. 5. Take Note of Your Expenses and Losses You should provide evidence of the financial losses claimed. If possible, keep some receipts for the expenses you’ve incurred. Keep a record of the costs incurred due to the accident. These may include loss of earnings, damaged items, medical fees, and travel expenses. 6. Gather the Statements of Your Witnesses If you can, speak to your witnesses and gather some vital information about your accident. Jot down their personal contact details, such as email address, phone number, and name. They may have other information you didn’t catch before. For instance, the other driver might be driving fast or hit your car at a red light. 7. Take Videos or Photos of the Accident If you or someone can take photos or videos of the accident, don’t forget to do it. Such can be a good piece of evidence that may disappear immediately when the emergency team and police arrive and start to clean the accident scene. 8. Decide Whether or Not to Hire a Personal Injury Lawyer Regardless of the complexity level of your case, it’s best to discuss it with a lawyer specializing in personal injury. Take note that talking with a lawyer isn’t the same as hiring one. Many personal injury lawyers offer a free consultation where they’ll discuss your case’s merits and outline all the available legal options for you. In many lawyer-client agreements in a personal injury case, the lawyer works on a contingency basis, which means the client won’t pay anything unless there’s a settlement or judgment in favor of the client. If your case wins or you’ve received compensation successfully, your lawyer will take an agreed-upon percentage of the judgment or settlement as a fee for the services. Depending on the complexity of your case or the amount of money at stake, it’s always worth it to have a lawyer to fight for you. However, it’s essential to note that there are specific signs you may need to seek legal assistance. These include: If you experience any of these situations, it would be advisable to consult an experienced personal injury attorney. This could enhance your understanding of your case and potentially improve your chances of securing a more favorable outcome. 9. Never Sign Anything Before Consulting a Lawyer Insurance adjusters might convince you that you won’t need a lawyer to settle your claim but bear in mind that insurance companies don’t care about your best interest. Most of them want you to deal with them directly in the hopes that you’ll settle for less than your case’s worth. With this in mind, it’s essential not to sign anything before speaking to personal injury lawyers because doing so can prevent you from recovering your compensation. Conclusion Filing a personal injury claim is never easy. By understanding the whole process and considering the above mentioned things, you’ll be more equipped with knowledge that may come in handy once you decide to file a claim for personal injury. If you’re still confused with the process, take legal advice and never hesitate to let your lawyer handle everything for you.

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Digital construction consultancy takes key role in industry alliance to implement Building Safety Bill

A digital construction consultancy is working with some of the country’s leading social housing organisations, architects and developers in a Government-led initiative to ensure there is never a repeat of the Grenfell Tower disaster. Operance is providing both practical expertise and software to the Golden Thread Initiative (GTI), a collaboration of industry professionals launched to trial Government proposals on the “golden thread”. The golden thread is a digital way of working to enable a systematic, controlled approach to the management of building safety information throughout the design, construction, refurbishment and management of occupied buildings. It was one of the key recommendations of the Hackitt Report into the failures that led to 72 people losing their lives in the Grenfell tragedy. The process will produce an audit trail of information about a building, the decisions made about it and who made them. In doing so, it will provide increased accountability and ownership of decision-making through the design, build and occupation phases. Sponsored by the Ministry of Housing, Communities and Local Government (MHCLG), the purpose of the GTI is to bring together industry professionals to work collaboratively for the benefit of the built environment and to trial methods of producing a standardised digital golden thread for building safety information that will satisfy the requirements of the future Building Safety Bill. The eight-month initiative, led by housing association L&Q on behalf of the MHCLG, launched in November and is split into specific working groups. Participants from the GTI will produce a report for the Government later this year revealing the findings of its work, sharing lessons learned, and potential options on implementing a digital golden thread. As a leading digital estates software developer and consultancy practice, Operance was invited to join the GTI and is represented across several of the working groups. The company is developing its own pioneering software to define, coordinate and audit building operations and maintenance (O&M) information. Scott Pilgrim, Chief Product Officer at Operance, is a member of the GTI’s Information Management Platform working group. He said: “It’s a privilege to have the opportunity to share our knowledge and expertise with the GTI to help transform the construction industry, making buildings safer and protecting lives. “Our vision to create a digital golden thread is completely aligned to that of the GTI. A disaster like Grenfell must never be allowed to happen again and for that to happen, it’s imperative leading industry professionals come together in this way to drive fundamental and lasting change. “As well as being able to provide our own insights through this forum, Operance’s participation in the project means we can listen and learn from all of those involved to understand fully what the industry needs. “This will be a huge benefit to the development of our platform, ensuring it is truly revolutionary.” Operance’s new information management platform, Operance O&M, is a purpose-built desktop-application to define, curate, audit and maintain information about a building from design to occupation. Accurate and easy to understand building and asset information will be shared with owners, operators and occupiers via the pioneering Operance FM mobile-application, providing users with crucial detail in real-time. With this building information in the palm of their hand, users can easily search, share, update and utilise their data to operate and maintain their facilities, whilst managing risks and continuously developing the golden thread. Both the Operance O&M and Operance FM applications are currently in beta-testing with a full release planned for the summer. Operance is offering a limited number of social housing associations and other organisations the opportunity to test the software and help shape features to suit their needs. To help social housing associations get ready for the new legislation and begin digitalising their portfolio, Operance is also providing strategic digital transformation and Building Information Modelling (BIM) consultancy services to enable them to define and articulate their digital estate ambitions. Operance’s Digital Transformation Lead, Tom Oulton, one of the country’s leading BIM professionals, is a member of the GTI Project Management working group. He said: “We’re on the cusp of revolutionary change to the design, construction and management of our built environment. “Following Grenfell, we must take this opportunity to work collectively to ensure it’s never repeated. This is a chance to affect change that we must not let pass us by.” The Hackitt Review was published in May 2018 following an independent review of building regulations and fire safety at Grenfell, led by Dame Judith Hackitt. It included 50 recommendations on how to improve the design, build and operation of buildings and facilities to make them safer and more efficient. A public inquiry into the Grenfell disaster is ongoing. The first phase focused on the factual narrative of the events on the night of 14th June, 2017.  The second phase of the inquiry is examining the causes of these events, including how Grenfell Tower came to be in a condition which allowed the fire to spread the way it did. Any social housing association or other organisation that would like to take part in the beta test of the Operance software can register their interest by emailing beta@operance.app. The Operance team is also available to provide advice and guidance about the implementation of the golden thread and what it will mean for the construction industry. Email info@operance.app to get in touch or, for more information, go to www.operance.app or follow @OperanceApp on Twitter or Operance on LinkedIn. Any organisation that would like further information about the GTI should contact the Programme Manager Kirsty Villiers by emailing kvilliers@lqgroup.org.uk

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What To Do If You’re Involved In A Truck Accident

Although the premises are pretty similar, truck accidents are different from your typical car accidents. They have a higher mortality rate and can lead to more catastrophic damages to the surroundings. As such, the compensation will be relatively higher than usual, so dealing with a truck accident is much different than when you’re involved in a typical car accident.  This guide will discuss the things you need to do when you’re involved in truck accident cases so you don’t get the short end of the stick.  1. Get To Safety  The first thing you need to do after a truck accident is to get to safety. You can start by driving to the side of the road since your vehicle may become an obstacle to emergency services that will arrive on the scene and cars that pass through the road. If the accident happened at night, it’s advisable to turn on your hazard lights for passersby to see. 2. Call Emergency Services After getting to safety, it should be safe to start calling emergency services, such as 000 or 911. If you don’t have a phone with you at the moment, try asking a passerby to make the call instead. Furthermore, if you think the truck is carrying hazardous materials, make sure to inform the dispatcher of this since they might need to prepare extra equipment. This step is also essential when there is a truck accident in a work site. 3. Document The Scene  Emergency services typically arrive one hour after the call, depending on the distance between the accident scene and the nearby station. In the meantime, you can document the scene. You can start by taking pictures of your vehicle, preferably the areas showing the damage. Make sure to take photos of your injuries as well.  If there are people who witnessed the accident, you can try to get testimonies from them. But, if they don’t have time at the moment, you can simply get their contact information and names.  By documenting the scene, you can gather enough information to ensure that you’ll get compensation from the truck driver. It may also serve as a great tool to convince your insurance company to cover the expenses on repairs.  4. Exchange Information With The Other Party  Once the emergency services arrive, they’ll be busy filing an accident report, so you should exchange information with the other party (the truck driver) in the meantime. At the very least, you need to collect the following information:  With these pieces of information, it should be difficult for the other party to get away from their mistake if they’re at fault, and this will help greatly in the settlement process.  5. Seek Medical Attention  Even if you feel like you’re completely fine, it should still be in your best interest to seek medical attention along with other parties involved in the accident since there’s a chance the injuries are internal and have no immediate signs. Since there are already emergency services on the scene, you don’t have to trouble yourself by going to a nearby hospital. But, just in case, make sure you also go to a hospital after getting checked by the responding officers so you can get a medical record from the doctor. This will come in handy during negotiations later on.  6. Check Your Vehicle  Just like your body, your vehicle might’ve sustained internal damage that you’re not aware of, so it’s a good idea to get your vehicle appraised before settling the truck accident claim. That way, you can minimize the compensation for your vehicle’s repairs.  Take note, however, that when getting your vehicle appraised on a body shop, you need to remind them that it’s not up for repairs, at least not until you’ve settled the claim.  7. Call Your Insurance Company  Call your insurance company immediately to inform them of the accident. However, remember that they will aim to cut on their losses, so they’ll push you to settle immediately so the compensation will be as little as possible. On that note, you need to take control of the call. Here are some tips for pulling this off:  Wrapping Up  Truck accidents cause 5000 deaths every year, and if you’re not careful, you might become a part of such numbers. Hence, it’s only natural to panic after getting involved in a truck accident, but that will only be counter-productive. If you want to achieve a favorable outcome from this incident, your best bet would be to follow the tips above.

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4 Reasons Construction Workers May Need Injury Lawyers

When people lose their lives or their homes because of these accidents, the survivors are left with massive financial liabilities that are often beyond their capabilities to pay. So, to get justice and compensation for all their losses, they hire the services of an injury lawyer.  There are many reasons why a construction worker needs to hire an injury lawyer. In recent years, there has been an increase in the number of construction accidents based from this source. Before taking up the task of hiring one, however, it’s essential that you’ve some good reasons for doing so. 1. Help Make Your Case There are so many types of accidents that may occur at any construction site. Some of them may include road accidents, slip, falls, defective products, and other such accidents. Most claims related to these types of accidents will be handled by accident claim adjusters, who’ll verify the validity of the case and prepare the necessary documents that’ll help you make your claim. So, if you’re an employee in a large construction company, you can easily contact your human resources department and find out how much your legal compensation should be after an accident. This will save you a lot of time and effort. You also need to consider other factors, such as the amount of time you’ll miss from work due to the injuries suffered.  However, if you work for an individual contractor, it’s your responsibility to take responsibility for your safety. In case you’re involved in an accident that has caused severe injuries, you can contact a personal injury attorney and file a legal claim against the contractor. A personal injury lawyer is a right person to consult if you’ve suffered any kind of injury at work. Most claims filed by employees result in huge compensation, which gives them added security at work. 2. Get the Right Amount of Compensation You Deserve Personal injury lawyers can also help you get the right amount of compensation you deserve. However, this depends on the severity of the injuries you deserve and whether the company is responsible for the accident.  A construction worker may be able to claim thousands or even millions of dollars for the loss of wages and suffering caused by the injuries. If you’re filing a personal injury claim, an attorney will make sure your case gets the maximum amount of compensation. 3. Help You File A Claim in No Time Perhaps another reason why construction workers must hire personal injury lawyers is the fact that it’ll take time to process your claim. The insurance company may have to verify your claims against them, and then they may decide to approve or deny your claims. It can take from one to three months for the company to process your claim. Even after the company processes your claim, it may take a while before they pay you anything. So, hiring an attorney to act on your behalf will give you more time to receive your money. 4. Give You A Peace of Mind Hiring a personal injury attorney not only means getting a compensation check for your pain and suffering from your construction work but also peace of mind that you’ll be taken care of properly. You don’t need to worry about whether you’ll be able to work your way through the legal system to get what you deserve. You don’t need to wonder if the person at fault will be held accountable for any legal consequences resulting from your injuries. If you hire a personal injury attorney, you’ll be confident that the person handling your case will handle it properly, so you can focus on recovering and building your life back together. If you’ve been involved in an injury case, you know how important it is for you to get a good attorney to help you. Many times, an injury attorney will be able to get much better compensation for you because of their experience and understanding of personal injury laws. An experienced injury attorney will understand all of the details of injury laws better than a non-experienced person. This understanding can make a huge difference in how much money you receive. Final Thoughts A construction worker is prone to a different kind of accident. These are just a few of the reasons why they need to hire a personal injury attorney. Once you hire a personal injury lawyer, the whole process will be much quicker and easier for a construction worker to deal with especially if you’re an individual contractor. You won’t have to waste time trying to make a claim by yourself which could take weeks or months. Instead, you can simply hire an injury lawyer to do this work for you. The overall result is that you should be able to receive the appropriate compensation for your injury.

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5 Ways To Prevent Health Problems From Your Building

If your building makes employees experience sick building syndrome (SBS), it’s time for you to take this matter seriously. SBS is a condition where people get sick because of the building’s condition. Many factors contribute to this, like poor indoor air quality and other subfactors that weren’t considered beforehand.  Since the sick building syndrome includes many symptoms, it’s difficult to tell if one is only experiencing a common cold. One thing to tell things apart is when the symptoms continue to reoccur when someone visits or returns to the exact location. If you want to know more about this specific disorder, you can get more information here.  It’s imperative for buildings to be constructed with one’s health concern in mind. Thus, if you’re on your way to construct or renovate, here are some ways to prevent health problems from your building: 1. Improve Air Ventilation Doubling the air ventilation system in your building will also double the output for your workers’ cognitive function. This will impact productivity and performance, resulting in decreased sick leaves by employees. Although investing in double ventilation may cost a bit higher initially, this will create a better atmosphere and working environment on your office floors. Inadequate ventilation will lead to high humidity and increase carbon dioxide concentrations, which will cause people to feel stuffy and suffocated. Proper ventilation controls odors and dilutes gases, as well as hampers the spread of respiratory diseases.  Invest in a good quality HVAC system for all offices and floors of your building. Also, consider your structure’s demographic location as summer and winter season often requires your air conditioner and heater to function perfectly.  2. Allow More Natural Light  Even in the old times, many building occupants usually complain about the lighting. It may be too dark and dim or some buildings are blasted with harsh fluorescents. The good thing about technological advancement is that many building construction projects have now utilized more natural lighting and techniques, like task lighting, dimmers, and timers. Such methods are suitable for the environment, as well as result in happier and more productive employees and building occupants. Another good news in the field of natural lighting in buildings is that more scientific research is being conducted on how some lighting designs can influence the body’s daily cycles and circadian rhythms. By using specific bulb designs that are blue-enriched and are naturally mimicking daylight, employees can now have improved sleep quality at night.  3. Go Green Incorporating nature into the workplace is one of the ways for buildings to become more work-friendly to everyone. Placing indoor plants and having a rooftop garden are some strategies for facilities to ensure an environment that helps maintain people’s mental health.  Indoor plants are said to reduce stress levels and sharpen people’s attention. Many companies and organizations have been keenly aware of this advantage, which is why most commercial buildings have gone green with their interiors. 4. Design Your Building Appropriately The blueprint and architectural design of your building play a vital role in maintaining the occupants’ health condition. Also, encouraging mobility and interaction between colleagues are dependent on how the building is designed.  The interior design and placements of furniture and equipment should be properly planned out. Your building should have locations for cluster printers, water coolers, and designate communal trash and recycling bins.  As for the outer part of your building, you should have streetscapes that encourage occupants and employees to take a walk, ride bicycles, or make it accessible to commute via public transportation, so occupants have a space for some physical exercises. 5. Apply Healthy Building Strategies Another way to boost your building’s defenses against disease is to enact healthy building strategies.  Know which areas and corners in the building need to be more ventilated. Use portable air purifiers on each floor and consider different innovative gadgets like touchless entryways, elevators, and automatic systems for sinks and toilet flushes. Furthermore, using enhanced disinfection and sanitization protocols will meet everyone’s demands for maintaining a clean and healthy space. Thus, invest in hygiene systems and proper training for the cleaning staff.  Ensuring a clean workspace will inspire everyone in the building to stay organized and healthy. Conclusion Ensuring that your building is in its best condition for your occupants and employees is very important, which is why it’s important to apply these different ways to prevent health problems.  Keep in mind that your building should have good ventilation, more natural light, designed with some greeneries, and should have a productive interior and exterior design. All these factors and more will ensure everyone in the building will stay healthy and happy.

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Garden buildings and the Party Wall Act

The Party Wall Act 1996 governs building work that affects a shared wall, boundary or structure between adjoining properties. It sets out the specific process that must be followed to protect the interests of both Building Owners and Adjoining Owners. The Act typically applies to loft conversions, basement excavations, building extensions and similar types of construction work in terraced or semi-detached homes.  But what about building work in the garden? You may well think that a new building at the bottom of the garden would not fall within the scope of the Act, but you could be wrong. Take the example of a homeowner wishing to build a standalone garden office.  Building a garden office As a result of the recent lockdowns, home working is now not only far more widespread than ever before, but many people are expressing a desire to work from home permanently, at least some of the time. And with living space in the home under increasing pressure, the creation of an office in the garden is a popular solution. The good news is that a garden office less than 2.5 metres in height that is used as a home office (as opposed to business premises) is likely to fall within permitted development rights. However, it is always worth checking with the local authority to obtain confirmation that no planning consent is required. When it comes to the garden, the Party Wall Act does not apply to boundary fences, however it does apply to a garden wall that either abuts or sits astride the boundary line, even if the wall does not form part of any building. It also applies to brick-built sheds, though not timber sheds. And it applies to excavations in the garden near a neighbouring property. Is Party Wall Notice required? The Party Wall Act states that any work that could affect the structural integrity or support function of the party wall or structure, or could damage the neighbouring side of the wall, must be notified. This includes Demolishing and/or rebuilding a party boundary wall Increasing the thickness or height of the party boundary wall Excavating within 3 metres of a neighbouring building or structure and to a greater depth than the foundations of the neighbouring building or structure Excavating within 6 metres of a neighbouring building or structure and to a depth that is below a 45° downward line drawing from the bottom of the foundations of the neighbouring building. “The first point to consider is whether there are any shared or adjoining structures within 3 metres of the foundations to the proposed annexe,” advises party wall expert Peter Barry Surveyors. If the answer is yes, and the foundations are deeper than those to the shared or adjoining structure, Notice under section 6 of the Party Wall Act must be served. “If the external walls of the annexe are at the boundary, Notice will need to be served under section 1 of the Act.” How to serve Notice For building works in the garden, Notice must be served to all affected adjoining owners, following the process set out in the Party Wall Act. It must include the following details: Property address Details of property owners Full description of the proposed garden construction works Proposed start date for the work Date the Notice is being served Clear statement that Notice is served under the Party Wall Act Detailed drawing for any excavations Furthermore, there are clear timescales to be observed in order to comply with party wall legislation. If the planned works affect a garden boundary wall or excavation, Notice must be served at least one month before the intended start date. Each neighbouring party has 14 days in which to give their written consent, otherwise the Notice is deemed to be in dispute.  If there is a dispute, the parties can appoint a single Agreed Surveyor, or each party can appoint their own surveyor, who will determine a fair and impartial Party Wall Award in line with their statutory responsibilities. Once you have agreement, all works carried out in the garden must comply with the Notice. Clearly, as with any building work affecting neighbours, it is best practice to reach a friendly agreement in the first instance, regardless of whether Notice needs to be served for the creation of a garden office. In the interests of continued harmonious neighbourly relations, it is advisable to informally discuss the intended works, consider the neighbours’ comments and amend the plans if at all possible, before serving formal Party Wall Notice.

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4 Ways To Guarantee Your Building Remains Durable In A Difficult Environment

When you’re working on the construction of a new property, it’s always important to think about durability. Some environments will make the creation of a durable property more difficult. For instance, you might be constructing new buildings on farmland. If that’s the case then you should definitely think about the issues such as hazardous materials and exposure to the worst of the weather. There are a few ways to ensure that your new building is as durable as possible so let’s take a look at some of the best options that you could keep in mind here.  Building Location  First, you should think about the location where you’re building your new property. You must consider things like the winter direction and even exposure to the sun. The latter could be important if you’re planning on using solar panels for the new building. The ground quality can also have an impact here. If the ground doesn’t provide the right foundations then it can lead to issues with the building. As such, you should always complete a survey on any area that you’re thinking about building.  Materials And Design  You should also make sure that you are considering the design and the materials that you are using for the construction of the new property. Certain materials are more durable than others and there’s a reason why farm buildings are often metal. Farm barn sheds made from this material are more likely to withstand the test of time and you don’t have to worry about issues that complicate matters such as weatherproofing.  Speak To A Contractor You should consider speaking to your contractor about how to ensure that your building is as durable as possible and can withstand certain challenges. They probably have quite a few ideas about how to guarantee that this is the case. Be aware that an increased level of durability can mean a higher price. But in the long term, this could be a price worth paying as you will pay less in costs overall towards the upkeep of your property. You just need to speak to a few different contractors to find the right service.  Consider Usage Finally, do make sure that you are thinking carefully about what the building is going to be used for. Thinking about the farm again, you could be using it to provide shelter for livestock. If that’s the case it needs to be strong enough that a hit won’t cause it to get damaged. You might also want to consider your local climate. Are there issues with freezing temperatures? If so then this is another aspect that your contractor needs to be aware of and help you with as you set up the building.  We hope this helps you understand the best ways to approach durability with your new business, particularly if you are struggling with a difficult environment. In doing so, you can make sure that your building remains standing for years and you don’t have to worry about issues like heavy maintenance costs. 

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The process of opening a construction dispute and the resolution methods that can help

The construction sector is regarded as being significantly conflict and dispute ridden and is one of the most claim orientated industries. Projects are usually long-term transactions with a high level of uncertainty and complexity and, as a result, they are seldom without bumps along the way. Often plans are changed and altered by project members as they react to issues that arise and, if a problem is left unsolved, it can lead to disputes that require assistance from lawyers who not only understand the legal aspects, but also the technical parts of the project. A poorly handled dispute can and will cause you financial loss, wasted time and a great deal of stress. The key to minimising these risks is an early assessment of legal and factual issues between parties to determine the appropriate manner and forum for resolving your dispute. Many disputes that end with a contested and expensive courtroom trial could have been resolved by other means but, in some cases, there is no alternative but to litigate in the courts, particularly if there is contractual interpretation required. It is also important to look at how a dispute is covered within your JCT, NEC or private contract, as provision could already have been made for the way in which it must be handled. The process of opening a construction dispute in the courts Before enacting a dispute, it is essential to seek legal guidance and, for it to be formalised, there must first be an established basis for the claim. While the process is rather straightforward, legal systems in the UK vary, so it is important to follow the one that applies to you. A major part of the dispute process is providing evidence that you took every action possible to resolve the issue without resorting to the courts. If the case has good standing and you have contacted the relevant legal professionals, you can complete a claim form to send to the court. If the claim is considered weightier, a three-track system is used to resolve the issue. Your lawyer will work alongside you to tender the claim to either a small claim [a claim that has a value below £10k], fast track claim [a claim with a value between £10-£25k] or a multi-track claim [a complex claim with a value of £25k or more].   The court will then deliver an ‘order of directions’ that outlines the process for how the case will be conducted. This will provide you with guidance on the documents that will need to be disclosed, the due process, timetable for the trial, and other variables that are specific to your case. Other resolution options It is not uncommon for court proceeding fees to exceed the value of the initial claim, which is why legal professionals will often recommend other avenues to resolve a dispute. These include mediation, adjudication, arbitration and expert determination. The Pre-Action Protocol for Construction and Engineering Disputes requires parties involved to meet at least once before litigation commences, to discuss whether an alternative form of dispute resolution would be a more appropriate means to resolve the issue. This means most cases will have to go through some form of alternative dispute resolution before going to court. Adjudication Adjudication, in some scenarios, is a statutory and contractual dispute resolution procedure. It is the process in which a neutral third party will give a decision on a dispute and is historically most prevalent in the construction industry. This is largely because if you are a party to a construction contract you have a statutory right to refer your dispute to adjudication. If you are the successful party to adjudication, you can apply to the Technology and Construction Court to enforce an adjudicator’s decision. The decision will become binding unless it is revised in arbitration or litigation. Many choose adjudication when drafting contractual terms as it is less expensive than court proceedings and is a quick method, designed to ensure cash flow is maintained during the construction process. Expert determination Expert determination is often used to resolve disputes that are of a specialist nature, such as construction, and when there is a valuation dispute. It allows an expert to determine the dispute, and the involved parties will agree to this by contract, meaning the expert’s determination is binding. If your dispute involves a valuation, expert determination is far more economical than court proceedings, and is often quicker and less formal. Arbitration Arbitration is a confidential process which sees all involved parties agree to refer the dispute to a third party who has relevant experience in the matter at hand. Disputes are resolved based on material facts, documents and relevant principles of the law. In the UK, arbitrations are governed under the Arbitration Act 1996 to ensure they are fair, cost-effective, and quick. The law is followed wherever possible and the language used is often more user-friendly and accessible in comparison to court proceedings. There are limited powers of compulsion and sanctions available to the arbitrator if one party fails to comply with the directions set, and limited appeal rights during the process. It can also come at a similar cost to litigation at court, so it is up to you to decide which process you would like to follow. Mediation Mediation is a common form of dispute resolution within the construction industry. The mediator is an independent person, whose role is not to make a decision, judge or advise, but to facilitate discussions between you and the other parties involved to resolve the dispute. Mediators are generally highly experienced in the area in which they practice and will encourage you and the other parties involved to find a solution which will suit all your needs. By entering mediation, you can help maintain business relationships whilst saving on the cost of litigation. It is also relatively quick, with the process only lasting around one to two days. However, in some cases mediation does not result in parties reaching an agreement, meaning the

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Kensa Welcomes Government Response to Future Homes Standard Consultation

Kensa Welcomes Government Response to Future Homes Standard Consultation

Kensa Group CEO, Simon Lomax, has welcomed the Government’s long-awaited response to the recent Part L Future Homes Consultation, which states that from 2025, no new homes will be built with fossil fuel heating such as a natural gas boiler. Mr Lomax said: “Although we would always ask the Government to be prompter and more ambitious, we generally support the response which makes clear that heat pumps are expected to become the default heating choice at new build dwellings from 2025. We also welcome the continued opportunity for local authorities to specify planning conditions which mandate energy efficiency upgrades which are more demanding than mere compliance with the emerging regulations.” Based in Cornwall, Kensa has developed some unique solutions for the residential new build sector based upon the ultra-small Shoebox ground source heat pump which can be paired with a traditional cylinder or a heat battery. In most cases, the Shoebox is served by a shared ground array, thereby mimicking the system architecture in a traditional gas boiler arrangement. “A ground source heat pump provides the lowest carbon solution as the technology is far more efficient than an air source heat pump, particularly on the coldest days. The Achilles heel has always been the added cost of the array. Thankfully, we can now remove that cost from the housebuilder as there are many entities who will fund the underground architecture in return for a standing charge paid by the householder. A ground source heat pump now costs no more than an air source heat pump,” added Mr Lomax. The technology has been installed at a new build development in Bristol to help the city achieve its carbon-neutral pledge. 133 homes at Ashton Rise are being heated by individual Kensa ground source heat pumps connected to a shared ground loop array of boreholes. The installation will see each home making lifetime carbon savings of 30 tonnes compared to individual gas boilers, whilst also protecting local air quality from the harmful NOx emissions associated with fossil fuel heating systems.

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