 Preparations are in hand for implementing
some important Regulations in England and Wales –
the Energy Performance of Buildings (Certificates
and Inspections) (England and Wales) Regulations
2007 (the 2007 Regulations). In January, to assist
the process, the Department of Communities
and Local Government published guidance for the
construction, sale and letting of buildings – entitled
‘Improving the Energy Efficiency of our Buildings’.
But what is it all about?
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From 1 October 2008 all commercial buildings will require an Energy
Performance Certificate on sale or letting. At the moment, EPCs are only
needed for those with a floor area over 10,000 sq m; as from July, they
will be needed for those with a floor area over 2,500 sq m, and then
from 1 October they will be needed for all commercial buildings (except
those of less than 50 sq m).
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Exposure to flood risk is an increasingly live issue in developing and trading property. If it cannot
be insured against, and no public authority will take
adequate flood prevention measures, there is really
only one option left to the landowner, which is to
construct their own flood defences. The recent case
of Environment Agency v Afshin Payravi serves as a
reminder that it is unwise to do even this, unless in
consultation with the appropriate authority.
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Before an LA can introduce bye-laws, it has to obtain the confirmation of
the Secretary of State. That requirement will no longer apply when Local
Government and Public Involvement in Health Act 2007 comes into
force. This will allow the Secretary of State to prescribe classes of byelaws
that can be introduced by LAs themselves, and then enforced
through fixed penalty notices. This will make it much easier for LAs to
introduce bye-laws, and the regime of fixed penalty notices may well give
them the financial encouragement to then enforce those bye-laws.
Potentially, therefore, this is a significant change in local government
law. Details in [2008] SJ 5 February 12.
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Since October 2007 it has been possible for police to take unilateral,
summary, action against licenced premises. The police can now make
an application to a licensing authority for the review of a premise’s
licence, and ask for ‘interim measures’ to be taken – all without having
to give notice of the application to the licence holder. All that is required
is that a police officer completes a notice certifying that in his opinion the premises are associated with serious crime, serious disorder, or
both.
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These days, many LAs find it extremely difficult to defend tripping cases
on pathways on housing estates. This is because such pathways are
generally regarded as public highways (imposing a high standard of care
to the public). In Gulliksen [2002] the CA held that most paths on
estates built prior to Highways Act 1980 would, of necessity, be public
highways. As a result of that decision, many LAs have proceeded on the
basis that trips on housing estates were virtually impossible to defend.
However, a recent case shows that this is no longer so.
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A landowner who is thinking of erecting flood defences should be aware
of the potential role of the Environment Agency.
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There is some good news for developer
landlords. In the recent case of RHJ Ltd v FT Patten
(Holdings) Ltd and another a lease contained a
reservation of the right to build on adjoining
property, and this was held to prevent the tenant
from acquiring a right to light over that property. To
reach this decision, the High Court adopted a wide
construction of the reservation, which did not
specifically refer to rights of light, and this is likely
to assist developers in the future
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 Prashant Dave looks at a recent High Court decision in which a
common-sense approach was taken to the interpretation of a
building agreement.
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Energy Performance Certificates (EPCs) will soon be required for all
commercial buildings. However, the introduction of EPCs is being
radically slowed down from that noted previously.
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Some 10% of existing homes are located in areas of substantial flood
risk. The reality is that current housing targets can only be met by
building more houses in flood plains (the alternative is to make radical
changes to Green Belt designations – which seems unlikely).
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When looking at covenants affecting a proposed redevelopment it is
important to distinguish between exceptions and reservations.
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To what extent are environmental clean-up costs covered by public
liability insurance policies? Based on a recent case, the answer will be
a disappointment to many policy holders.
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As recent reports from Sir Nicholas Stern and the Intergovernmental Panel on Climate Change have emphasised, climate change is the most serious long-term threat to our prosperity and way of life. It is likely to directly impact on the public and private sector through changing European and domestic legislation, greater public awareness and climate-related events such as flooding, landslips and severe storms.
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