Legal Requirements For Construction Building Essay

Question:

Write about the Legal Requirements for Construction Building.

Answer:

Introduction:

This case is based on the construction of building in Canada. In every country, there are certain rules applicable for any kind of construction. In Canada, a building code regulates the provision regarding the making of building. It is known as the National Building Code of Canada (Adams & Atkinson, 2003). In Canada, the provincial authorities are also imposed with certain rights to enact their own law. The Consolidated Building Bylaw 2003 governs the construction rule in Abbotsford, Canada (Elias, Busby & Martens, 2015). There are certain provisions engraved under the Bylaw that prescribe reasonable ground that are required for making new building in that area. Even in the case of buying landed property in that area, there are certain things need to be performed.

Discussion:

Construction law:

It is important to abide by the guidelines that are mentioned specifically in the Building law of Canada (Jennings, 2013). Besides the National Building Code, some bylaws are applicable on provincial basis. In case of Abbotsford, one of such bylaws is enacted in the year 2003. The reason behind making this rule is to provide certain protection to the building owners and issue permit that are accurate in nature.

Legal requirements for building:

In this case, there has been a question arises regarding the construction of building in Abbotsford, Canada. The work regarding the building construction has been made by following certain rules and it is required to meet certain basic obligation to legalize the process. The reason for following the rules is generally for the interest of justice. Illegal construction can become a potential threat to the society as a whole (Ngai, 2014). The word legal requirements stand for the things that are mandatory to be checked during the construction process. In Canada, National Building Code has prescribed certain rules regarding the new buildings. These rules can be categorized as follows:

  • The standard ceiling height of the apartment is 6’5” and that rule should be maintained in all cases.
  • The minimum thickness of the inner door is 1.75” and in case of exterior door, that thickness must be 32”*78”. A gap should be maintained in case of passing air from the door.
  • There must be a fan or window in the bathroom section.
  • Building permit is essential in case of a new building.
  • The property owner should be held responsible in case of any kind of smokes. Therefore, there is a need to install smoking alarm in the respective building.
  • In Abbotsford, the building areas are divided into three parts that are the zoning area, the fire service and the energy efficiency sector. Zoning are the rules regarding the local area that prescribed rules regarding the construction and maintenance of residential building (Wong & Hallsworth, 2016). It is required to meet all the necessary provisions mentioned under the zoning rules.
  • There are certain legal provisions mentioned regarding the fire services that are mandatory in nature. There should be certain resistance rate regarding the fire extinguisher applied in respect of the ceiling, wall and the existing passage. The smoking alarm must be in active mode. According to the bylaws of Abbotsford, there should be an installation regarding the carbon monoxide alarms (Bart et al., 2014).
  • It is the duty of the municipalities of Canada to implement certain policies so that the zoning laws are to be maintained by all the individuals (McCormick, Cohen & Plecas, 2016).

Building permit:

It is necessary in case of constructing a new dwelling unit in Canada. Building Permits are distributed in zone wise (B?lec & Buckley, 2014). Under the building law, it has been specifically mentioned that the permit regarding the building should be obtained before the projected work become started. Certain information are required in case of obtaining permit. In the present case, building is proposed to be made in the area of Abbotsford, Canada. Therefore, the permit shall be obtained from that provision. Restrictive provisions are made regarding application for the permit by online. An authorisations form is to be filled up at first. A certain amount is to be paid for that. All the information provided by the applicant are required to be reviewed by the coordinators. The building plan should be prepared as per the provision of British-Colombia Building Code.

There are certain problems that should be avoided in case of making a new construction. It is the duty of the owner to keep healthy atmosphere. The belongings of the apartment should be cleaned and there should be necessary steps taken for that purpose. Reasonable care is needed for keeping the safe sanitization process.

Permits are essential in nature. Permit ensures the renovation process regarding the proposed building and it provides certain guidelines regarding the bylaws and building code. There are certain staffs who are appointed for delivering assistance relating to the building matter. If anyone gets permit from the concerned authority, he obtains the right to receive help from those staffs.

Land documentation:

Buying a land is important in nature. In order to secure the property from any future encumbrances, it is required to follow certain rules regarding the same. The first thing is to determine the location and the kind of the property (McLeod et al., 2015). A person should be acquainted with the rules regarding the buying or selling procedures of a property. In Abbotsford, there are certain multiple listing services. Various requirements are mentioned in these services. It is a sort of database where the queries regarding a land has been made out in a systematic way. It is to be mentioned that while seeing the property, any statement made by the buyer can be passed to the seller and certain consciousness should be maintained regarding the statement as that could affected the buying procedure. The realtors are imposed with the duty to show the suitable land to the customers and they can propose some suitable offer. The offers can be of verbal or written in nature. There can be certain counter offer in that respect. However, choosing those offers is very discretionary in nature and it is the right of the buyer to accept the same or not.

Be diligent before becoming a litigant:

Purchasing a property is a kind of investment that can secure the future of a person. Therefore, certain awareness should be maintained regarding the purchasing procedure. There is a proverb addressed to the buyer that necessary requirements should be met before buying any estate. It should be taken into consideration whether the landed property is free from any encumbrances or not. It is the utmost duty of the buyer to check all possible outcomes regarding the land.

In Canada, property can be sold out in respect of two circumstances i.e. the residents of Canada and the non-residents of Canada. Non-residents in Canada can purchase property in certain provinces like the British Columbia, Newfoundland and Quebec. In this case, the place is situated at Abbotsford that is a province of British Columbia. Things that are important regarding buying a property are income verification, receipts of tax returns, appraisal regarding the real estate.

There are certain taxes that are imposed on the properties in Canada (Yinger, Bloom & Boersch-Supan, 2016). Taxes are to be paid regularly. Some of the common taxes are property tax, property transfer tax and goods and services tax. Property tax is counted as per the schedule of property. Property transfer tax are imposed as per the market value of the property. The basic rule is that 1% will be cut from the valuation up to $200,000 and for prices exceed the amount, the rate will be 2%. In case of goods and services tax, the rate of taxation is 5% for the land and extra 2% if there is any home constructed upon the land. It is to be seen whether goods and services tax are applicable on the property or not as there are certain specified criteria mentioned under the law.

Conclusion:

Therefore, from the discussion, it can be concluded that building can be constructed as per the provision of the National Building Code and Consolidating Building Bylaw 2003 of Abbotsford, Canada. There are certain provisions regarding the legal requirements and provision regarding the building permit has mentioned in this report. Legal documentations regarding purchasing the landed properties are mentioned here. Registration procedure for the scheduled property must be adhered with the rules and regulations.

Reference:

Adams, J., & Atkinson, G. (2003). Development of seismic hazard maps for the proposed 2005 edition of the National Building Code of Canada. Canadian Journal of Civil Engineering, 30(2), 255-271.

Elias, B., Busby, K., & Martens, P. (2015). One little, too little: Counting Canada's indigenous people for improved health reporting. Social Science & Medicine, 138, 179-186.

Jennings, M. M. (2013). Real estate law. Cengage Learning.

Ngai, M. M. (2014). Impossible subjects: Illegal aliens and the making of modern America. Princeton University Press.

Wong, A., & Hallsworth, A. G. (2016). Local food security initiatives: a case study of Vancouver, Canada. Future of food: journal on food, agriculture and society, 4(1).

Bart, M., Williams, D. E., Ainslie, B., McKendry, I., Salmond, J., Grange, S. K., ... & Henshaw, G. S. (2014). High density ozone monitoring using gas sensitive semi-conductor sensors in the Lower Fraser Valley, British Columbia. Environmental science & technology, 48(7), 3970-3977.

McCormick, A. V., Cohen, I. M., & Plecas, D. (2016). 1 Intimate partner violence in Canada. Domestic Violence in International Context, 27, 20.

B?lec, J. P., & Buckley, P. H. (2014). Democracy and the space of energy flows: The practice of bordered transnationalism in the Pacific Northwest. Journal of Borderlands Studies, 29(3), 291-301.

McLeod, F., Viswanathan, L., Whitelaw, G. S., Macbeth, J., King, C., McCarthy, D. D., & Alexiuk, E. (2015). Finding common ground: A critical review of land use and resource management policies in Ontario, Canada and their intersection with First Nations. International Indigenous Policy Journal, 6(1).

Yinger, J., Bloom, H. S., & Boersch-Supan, A. (2016). Property taxes and house values: The theory and estimation of intrajurisdictional property tax capitalization. Elsevier.

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