ABBE Level 3 Award in Understanding the Party Wall etc. Act 1996 (QCF)

ABBE Level 3 Award in Understanding the Party Wall etc. Act 1996 (QCF) Qualification Handbook Page 1 of 16

CONTENTS PART 1 Introduction... 3 1.1 About The Awarding Body for the Built Environment (ABBE)... 3 1.2 Ofqual Qualification Data... 3 1.3 Purpose and aims of the qualification... 4 1.4 Progression... 4 PART 2 General Qualification Guidance... 5 2.1 The Qualifications and Credit Framework... 5 2.2 Unit structure... 5 2.3 Learning time... 6 2.4 Resources... 6 2.5 Delivery... 6 2.6 Recruitment and access... 7 2.7 Learners with particular assessment requirements... 7 2.8 Role of learners... 7 2.9 Role of mentors and advisors... 8 2.10 Role of the assessor... 8 2.11 Examination arrangements... 8 2.12 Credits and recognising prior learning... 10 2.13 Enquiries and appeals... 11 2.14 Registering learners... 11 PART 3 ABBE Level 3 Award in Understanding the Party Wall etc. Act 1996 (QCF)... 12 3.1 Qualification summary... 12 3.2 Qualification evidence requirements summary... 12 3.3 Occupational competence of assessors and internal verifiers...error! Bookmark not defined. 3.4 Qualification structure and content... 12 PART 4 Qualification Unit... 13 Unit 1 Understand the Party Wall etc. Act 1996... 13 PART 5 Appendices... 16 Appendix 1 Additional Unit Information... 16 Page 2 of 16

PART 1 Introduction This guide is for prospective and existing ABBE approved assessment centres that wish to offer the ABBE Level 3 Award in Understanding the Party Wall etc. Act 1996 (QCF). It provides the qualification specification and guidance on evidence and assessment requirements. This handbook should be used in conjunction with the ABBE Centre Operations Guide, available from the ABBE website www.abbeqa.co.uk, or by telephone from the ABBE office on 0121 331 5174. 1.1 About The Awarding Body for the Built Environment (ABBE) ABBE is an Awarding Organisation regulated by Ofqual (The Office of Qualifications and Examinations Regulation) for the delivery of a range of qualifications. ABBE has developed considerable expertise in overseeing high quality assessment for all levels of qualifications in the Property and Construction sectors of industry. Since its inception in 1997, ABBE has grown steadily and currently offers a suite of qualifications to industry through its nationwide network of approved assessment centres. For further information please contact: ABBE (Awarding Body for the Built Environment) Birmingham City University Franchise Street Perry Barr Birmingham B42 2SU Telephone: 0121 331 5174 Fax: 0121 331 6883 Email: abbeenquiries@bcu.ac.uk Website: www.abbeqa.co.uk 1.2 Ofqual Qualification Data Qualification Number: 600/4005/1 Industry Sector: 5.2 Building and Construction Title: ABBE Level 3 Award in Understanding the Party Wall etc. Act 1996 (QCF) Operational Start Date: 1 December 2011 Offered in: England and Wales Age ranges the qualification is approved for use with: 16 18, 19+ Page 3 of 16

1.3 Purpose and aims of the qualification The need for the ABBE Level 3 Award in Understanding the Party Wall etc. Act 1996 (QCF) has arisen from approaches by the Faculty of Party Wall Surveyors (FPWS) group who deal with party wall matters on a day-to-day basis and recognise the need for increased understanding of the Act among existing practitioners in the surveying and building sectors. Knowledge and practice relating to party wall matters generally forms a very small part of existing qualifications in the surveying and construction sectors, yet the need to deal with party wall matters is a regular occurrence for practitioners and is not uncommon to find that party wall legislation is ignored or poorly implemented. The FPWS see this award as a way of accrediting the knowledge of party wall legislation for practicing individuals in the surveying and constructions sectors and thus helping to improve practice in this area where currently many mistakes are made by existing professionals. This Award is seen as accredited CPD for the surveying and construction sectors and a way of improving knowledge of party wall matters so that difficulties and disputes in this area can be minimised in the future. It is consequently aimed at existing qualified professionals, but there is no reason why the single unit knowledge award could not be offered at a training stage. This qualification can be found on The Register of Regulated Qualifications at http://register.ofqual.gov.uk/ 1.4 Progression This qualification has been designed to encourage participation in education and training in other related areas by: enabling existing professionals in the surveying and construction sectors to demonstrate their understanding of the Party Wall etc. Act 1996 encouraging those with expertise in other surveying and construction areas to become aware of the requirements of the Party Wall etc. Act 1996 and hence help them comply with legislation Page 4 of 16

PART 2 General Qualification Guidance 2.1 The Qualifications and Credit Framework The Qualifications and Credit Framework (QCF) is a structure for recognising qualifications. It differs from the NQF by enabling recognition of smaller sections of learning which can be gained in a more flexible manner. Qualifications are made up of individual units which each have their own credit value. It is the accumulation of this credit which builds to form the qualification. The size of a qualification is indicated as follows: Awards (1 to 12 credits) Certificates (13 to 36 credits) Diplomas (37 credits and above) The terms, Award, Certificate and Diploma reflect the size of the qualification rather than its difficulty. The qualification levels indicate the complexity of the qualification. The levels range from Entry to Level 8. Individual units can be shared between multiple qualifications to enable learners to move smoothly between qualifications without repetition of learning. This will be tracked through unique learner numbers (ULNs) assigned to all learners completing QCF units to enable them to transfer their credit through the QCF. Learners can choose to take individual units but in order to gain a qualification they must complete the set Rule of Combination (RoC) for a qualification. This is a structure which can be comprised of mandatory and optional units and defines what comprises the complete qualification. For more information on the QCF visit www.qcda.gov.uk/qualifications 2.2 Unit structure Each unit of the qualification is structured in the same way as follows: Unit title: states the task/activity to be undertaken. Level: represents the complexity of the unit and the degree to which autonomous and co-operative working competencies are required successfully to carry out and complete the unit, ranging from entry level to level 8. Credit value: identifies the number of credits for which the unit qualifies. Purpose and Aim of unit: provides a summary of the content of the unit, including details of the individual elements which make up that unit. Learning Outcomes: outline what learners must do to meet the requirements of the unit. The statements: set out what learners are expected to know, understand or be able to do as the result of the learning process are capable of assessment and, in conjunction with the assessment criteria related to that outcome, set a clear assessment standard for the unit Page 5 of 16

Assessment Criteria: outline what learners must demonstrate in order to satisfy the learning outcome of the unit. The statements: specify the standard learners are expected to meet to demonstrate that the learning outcomes of that unit have been achieved are sufficiently detailed to support reliable, valid and consistent judgements that a learning outcome has been achieved, without creating an undue assessment burden for learners or assessors do not include any explicit references to the methods or instruments of assessment to be used Fundamental knowledge and understanding: identifies the minimum range of topics, activities, variables or contexts over which the learner must demonstrate their knowledge or competence. Assessment guidance: gives examples of types of evidence that the learner will need to submit and the assessment methods that will need to be approved by ABBE. 2.3 Learning time Learning time is a guide to how long it would take the average learner with no prior experience to complete a unit. This is intended as a guide only and the actual amounts of time will vary according to the existing skill and knowledge of the individual learner. Learning time is divided into Guided Learning Hours (GLH) and Private Study. GLH refers to the amount of study undertaken by learners under the direction of their tutors. This could include tutorials, seminars, workshops, directed research, project or assignment work and assessment. 2.4 Resources Centres must ensure that learners have access to resources of industry standard to support the delivery and assessment of this programme. Staff delivering programmes and conducting the assessments should be fully familiar with current practice and standards in the sector concerned. Centres will need to demonstrate how learners will access any specialist resource requirements when they seek approval from ABBE. All staff involved in the assessment and verification of this qualification must have the necessary occupational skills and experience required. 2.5 Delivery It is important that centres develop an approach to teaching and learning that supports the assessment of the specialist vocational nature of the qualification. Tutors and assessors need to ensure that appropriate links are made between theory and practice and that the knowledge base is applied to the sector. This will require the development of relevant and up-to-date teaching materials that allow learners to apply their learning to actual events and activity within the sector, and to link this to their experiences in the workplace. Page 6 of 16

2.6 Recruitment and access ABBE s policy regarding access to its qualifications is that, wherever possible: the qualifications should be available to everyone who is capable of reaching the required standards but it is accepted that these individuals will largely be existing qualified surveying and construction people the qualifications should be free from any barriers that restrict access and progression by suitably qualified people there must be equality of opportunity for all wishing to access the qualifications providing they meet the underlying need for a surveying or construction background Centres should ensure that they recruit learners to this qualification with integrity. This will include ensuring that applicants have appropriate information and advice about the award and that it will meet their needs and expectations. Before accepting learners onto this qualification, Centres must assess each applicant s potential and make a professional judgment about their ability to successfully complete the programme of study, where applicable, and achieve the qualification. This assessment will need to take account of the support available to learners within the centre during their programme of study and any specific support that might be necessary to allow them to access the assessment for the qualification. Further information on equal opportunities and access to fair assessment can be found in the ABBE Centre Operations Guide available on the ABBE website at www.abbeqa.co.uk or by telephone on 0121 331 5174. 2.7 Learners with particular assessment requirements ABBE recognises that some learners have difficulty with the demands of a course or find the standard arrangements for the assessment of their vocational competence presents a challenge. This may apply to learners with known and long-standing learning difficulties and/or physical or other impairments. Centres must take steps to ensure that any particular assessment requirements are identified as early in the programme as possible, preferably at initial assessment stage, and appropriate arrangements are put in place to support learners. Further information on equal opportunities and access to assessment can be found in the ABBE Centre Operations Guide available on the ABBE website at www.abbeqa.co.uk or by telephone from 0121 331 5174. 2.8 Role of learners Learners with the support of the assessor and employer will be: expected to devote sufficient time to study helped if they have some experience of party wall matters expected to be able to apply knowledge of the Party Wall etc. Act 1996 to defined situations Page 7 of 16

2.9 Role of mentors and advisors Centres may wish to allocate mentors or advisors to learners to provide support during the assessment process. They can provide encouragement, reassurance and support to learners, and act as advocates if need be. Mentors may come from within the employer organisation or from the approved assessment centre. They do not have a formal role or responsibility in assessment, but can act as an objective source of comment or guidance. They can help the learners to reflect on their activities and suggest solutions to problems. 2.10 Role of the assessor The role of the assessor is to: carry out initial assessments of learners to identify their current level of skills, knowledge and understanding and any training or development needs draw up assessment plans provide feedback to learners on their performance and progress 2.11 Examination arrangements The unit of this qualification is assessed by an external examination which the learner must pass to achieve the qualification. The examination is an objective test. All questions are multiple-choice, requiring the learner to choose one correct answer from four options. There are 30 questions in the examination. The pass mark for the examination is 70%. The examination is made up of multiple choice questions and is available online and on demand at a network of examination centres around the country. Learners are allocated 60 minutes in which to complete the examination. Failing the examination may indicate the need for further study on the part of the learner which might be with direct assistance of the assessment centre or through focused self-learning themselves. This should be done prior to taking the examination for a further time. Once a learner is registered for the qualification, ABBE will provide the assessment centre with a voucher number which the learner can use in combination with their ABBE registration number to book an examination at a time and location to suit themselves. Access to the booking system is through the ABBE website at www.abbeqa.co.uk. Full details of the examination booking process can be found in the ABBE On-line Examination System Guidance for centres document. The ABBE learner registration fee includes entry to two attempts at the examination. Any further attempts required will attract a new examination entry fee (see ABBE Fees List). The learner receives their result and feedback on their performance in the examination in printed form as they leave the examination centre. All results are then confirmed to assessment centres on a weekly basis. Page 8 of 16

The examination is structured as follows: Section Subject area 1 Understand the reasons and purpose for the development and creation of the Party Wall etc. Act 1996 2 Understand when the basic rights and requirements of the Party Wall etc. Act 1996 apply and to whom 3 Understand the rights and obligations of building owners and adjoining owners under the Party Wall etc. Act 1996 4 Understand the roles of building owners and adjoining owners 5 Understand the roles and responsibilities of party wall surveyors 6 Understand the requirements and implications of notices under the Party Wall etc. Act 1996 7 Understand the financial aspects relating to the Party Wall etc. Act 1996 8 Understand the contractual and statutory arrangements required by the Party Wall etc. Act 1996 9 Understand the application of best practice principles in support of the Party Wall etc. Act 1996 10 Understand the dispute resolution process and appeal procedures within the Party Wall etc. Act 1996 11 Understand the structure and content of a party wall award Number of Marks per questions in exam question 2 1 TOTAL 30 questions 3 1 3 1 2 1 3 1 5 1 3 1 2 1 2 1 4 1 1 1 TOTAL 30 marks Application of special arrangements and reasonable adjustments The reasonable adjustments allowed for any examination or assignment component are as follows: Additional time Amanuenses Reader Where there is evidence of need, the centre may grant additional time to those learners whose ability to demonstrate attainment is affected by their disability or difficulty. An amanuenses is a person who, in an examination, records a learner s dictated answers to questions. Learners are eligible to use amanuenses if they suffer from long term or temporary disabilities that prevent them from providing their answers by other means. A reader is a person, who in an examination, reads questions to a learner. Learners are eligible to use a reader if they suffer from a long term or temporary disability which prevents them from reading the questions themselves. All special arrangements and reasonable adjustments must be advised to ABBE at the time the learner is first registered for the qualification with ABBE and the centre must confirm the arrangements they will put in place to meet these needs. Page 9 of 16

2.12 Credits and recognising prior learning There are two types of credit available: QCF credit and non QCF credit. QCF Credits The QCF allows for units to be used in more than one qualification as well as for similar units to be recognised. Where the same unit is used more than once then learners need to achieve that unit only once and do not have to do that unit again if they do another qualification where that unit also features. Assessors must record in their assessment records that learners have already achieved this unit. If a qualification has a unit that is on the QCF with very similar content and credit value to that used elsewhere but it is not exactly the same then the Awarding Organisation can declare this as an equivalent unit to the unit in question. This means that while there are some small differences it will be accepted in place of the unit which would otherwise normally be taken by learners. Under these circumstances, learners can achieve this qualification but will not be accredited with the new qualification unit because it has been achieved elsewhere and credit already granted. Non QCF credit Recognition of Prior Learning and Exemptions On occasion, learners may bring forward evidence of prior experience, learning or qualifications which can be recognised towards ABBE units and qualifications. This evidence can be categorised in the following ways: Recognition of Prior Learning (RPL) includes experience gained by learners through work or training activities for which they do not have formal certification. Employer organisations or training providers can apply to ABBE to have their training or academic programmes that are outside the QCF recognised formally as covering parts of qualifications (see separate Recognition of Prior Learning guide). Exemptions covers units or qualifications held by learners that do not have a predetermined credit value on the QCF, e.g. membership of a professional body, certified CPD training or NQF qualifications. Centres must review any prior learning or achievements brought forward by learners to determine their suitability as evidence. To be entitled to credits, learners must provide their assessment centre with proof of their achievements, e.g. certificates for equivalent QCF units, details of training courses or membership of a professional body, and these must be included in their portfolio. Assessors must justify and record the basis of any exemptions or credits given. As it is the responsibility of assessment centres to declare learners as competent or not, it will need to check and validate all credit claims made by learners. Note: Learners who knowingly submit false information will have their ABBE certification withdrawn. Guidance on how to handle learner claims for RPL or exemptions It is a condition of approval that once an assessment centre has registered a learner that it must honour the RPL or exemptions that ABBE has authorised from any of the accredited providers. As it is the responsibility of assessment centres to declare learners as competent or not, they will need to check and validate all claims made by learners before formally granting credit or exemptions. Refusal to allocate the expected claim can only happen if there are strong reasons for doing so. Should this occur, then centres must advise ABBE in writing immediately for ABBE to consider the matter before any further action is taken. Page 10 of 16

2.13 Enquiries and appeals External examination Where learners wish to appeal against their result in the examination, the centre or learners can apply for a results enquiry. Further details on results enquiries and appeals can be found in the ABBE Centre Operations Guide and the Guide for Learners available online. The costs associated with appeals or results enquiries can also be found on the ABBE website. 2.14 Registering learners Full details of how to register learners for this qualification and make claims for certificates can be found in the ABBE Centre Operations Guide on the website at abbeqa.co.uk. Details of the fees for learner registration and external verification can be found in the ABBE Fees List. Page 11 of 16

Level Credit GLH Private Study ABBE Level 3 Award in Understanding the Party Wall etc. Act 1996 (QCF) PART 3 ABBE Level 3 Award in Understanding the Party Wall etc. Act 1996 (QCF) 3.1 Qualification summary The qualification is composed of a single unit with 11 learning outcomes and 30 assessment criteria and a credit value of 3 on the QCF. This equates with a learning time of around 30 hours for the average learner. It is expected that 15 hours will be delivered by the centre and 15 hours will be undertaken by the learner as self-directed learning. The unit is assessed by examination. Unit Title Ofqual unit reference Unit 1 Understand the Party Wall etc. Act 1996 3 3 15 15 Y/503/4903 3.2 Qualification evidence requirements summary Learners will be expected to demonstrate their understanding of the Party Wall etc. Act 1996 and this will be evidenced by successful completion of the examination. 3.4 Qualification structure and content The qualification consists of a single unit with 11 learning outcomes and 30 assessment criteria. All learning outcomes and assessment criteria will be covered in the examination. Page 12 of 16

PART 4 Qualification Unit Unit 1 Understand the Party Wall etc. Act 1996 Title Unit 1: Understand the Party Wall etc. Act 1996 Level 3 Credit Value 3 Unit purpose and aims To enable the learner to demonstrate their knowledge and understanding of the Party Wall etc. Act 1996 and apply aspects of the Act in a range of circumstances. Learning outcomes The learner will: 1. Understand the reasons and purpose for the development and creation of the Party Wall etc. Act 1996 2. Understand when the basic rights and requirements of the Party Wall etc. Act 1996 apply and to whom Assessment Criteria To demonstrate this they can: 1.1 Explain the problems associated with working on a party wall or party boundary (line of junction) 1.2 Summarise the principles of how the Party Wall etc. Act 1996 overcomes the problems of working on a party wall or party boundary (line of junction) 2.1 Clarify when and to whom the Party Wall etc. Act 1996 applies 2.2 Explain the definitions, limitations and exemptions that apply under the Party Wall etc. Act 1996 2.3 Summarise the basic rights and requirements on owners and surveyors given by the Party Wall etc. Act 1996 3. Understand the rights and obligations of building owners and adjoining owners under the Party Wall etc. Act 1996 4. Understand the roles of building owners and adjoining owners 3.1 Summarise the rights of owners and adjoining owners in respect of their own properties 3.2 Summarise the rights of owners for making appointments 3.3 Apply the rights of owners and adjoining owners to a range of party wall situations 4.1 Explain the role of building owners and adjoining owners 4.2 Explain how the roles interact in a range of party wall situations 5. Understand the roles and responsibilities of party wall surveyors 6. Understand the requirements and implications of notices under the Party Wall etc. Act 1996 5.1 Explain the different surveyors roles that exist within the Act 5.2 Summarise the duties, roles and responsibilities of party wall surveyors 5.3 Explain how roles and responsibilities interact in a range of different party wall situations 6.1 Distinguish between the different types of notice contained within the Act and when they apply 6.2 Explain what a party wall notice should contain 6.3 Differentiate between the time frames relating to the issue (serving) of party wall notices for new work and for existing party structures 6.4 Summarise the rights of owners for counter notices 6.5 Explain the implications of action or inaction in response to a party wall notice Page 13 of 16

7. Understand the financial aspects relating to the Party Wall etc. Act 1996 7.1 Summarise the financial implications of issuing (serving) a party wall notice 7.2 Explain the expenses and costs likely to be involved in works under the party wall notice 7.3 Explain the principles of why and when compensation and costs might be applicable in relation to a party wall notice 8. Understand the contractual and 8.1 Summarise and differentiate between the contractual statutory arrangements required and statutory arrangements required between the by the Party Wall etc. Act 1996 owners and surveyors 8.2 Explain what terms and conditions may be required for appointments and works to be carried out under a party wall award 9. Understand the application of best practice principles in support of the Party Wall etc. Act 1996 9.1 Differentiate between the statutory provisions of the surveyors roles and Party Wall Awards and those of best practice 9.2 Summarise typical best practice provisions not expressly provided for by the Act 10. Understand the dispute resolution process and appeal procedures within the Party Wall etc. Act 1996 10.1 Summarise the dispute resolution process within the legislation 10.2 Explain the requirement for appointing surveyors 10.3 Explain the third surveyor referral process 10.4 Explain the appeal procedures within the legislation 11. Understand the structure and content of a party wall award 11.1 Explain the structure and content of a typical party wall award from a given set of circumstances and particulars Fundamental knowledge and understanding 1. Existing qualifications relating to surveying or construction 2. Knowledge and understanding of all aspects of the Party Wall etc. Act 1996 3. Knowledge and understanding of related legislation such as planning and building regulations 4. Best practice provisions not provided for by the Act, including: Schedules of condition (providing before works and signing off after works) Undertaking searches to identify owners (e.g. from Land Registry, neighbour enquiries) Exchanging appointment letters between surveyors Contacting the third surveyor to confirm ability to act Informing appointing owners who the third surveyor is When to use and not to use other consultants to support an Award (e.g. structural engineers, quantity surveyors) Informing appointing owners of rights to request security for expenses, compensation etc. Page 14 of 16

Assessment All learning outcomes and all assessment criteria will be covered by an examination. The examination will take the form of a multiple choice, where learners are asked to select one correct option from a choice of four. Minimum Evidence Requirements In order to achieve this unit the learner must pass the ABBE external examination. Page 15 of 16

PART 5 Appendices Appendix 1 Additional Unit Information Unit 1: Understand the Party Wall etc. Act 1996 Additional information about this unit Level: 3 Credit value: 3 Relationship between the unit and relevant NOS (if appropriate) Relationship between the unit and other standards or curricula (if appropriate) Assessment requirements specified by a sector or regulatory body (if appropriate) Support for the unit from a SSC or other appropriate body [if required] Location of the unit within the subject/sector classification system Name of the organisation submitting the unit Availability for use n/a n/a n/a Construction Skills 05.2 Building and Construction ABBE Private Page 16 of 16