Full Title:Law
Language of Instruction:English
Module Code:LAW E8004
 
Credits: 10
Valid From:Semester 1 - 2015/16 ( September 2015 )
Module Delivered in 2 programme(s)
Module Description:This module focuses on two distinct aspects. Firstly, it examines the role of land law in facilitating the optimum social and economic utilisation of land and critically assesses those elements of land law that are relevant to the practice of a building surveyor. Secondly, it emphasises the role of the building surveyor as a member of a profession regulated by statute and facilitates the framing of his/her practice in such a way so as to address the legal issues arising from such professional practice.
Learning Outcomes:
On successful completion of this module the learner should be able to
  1. Source and research statutory material online and understand the main principles of statutory interpret and analyse.
  2. Demonstrate a critical knowledge and understanding of the key principles of Irish land law appropriate to practice as a registered Building Surveyor.
  3. Utilise the on-line title registration systems as operated by the Property Registration Authority and the registers maintained by the Property Services regulation Authority.
  4. Criticaly analyse the significance of the statutory regulation of the relationship of landlord and tenant in the context of the underpinning contractual nature of that relationship.
  5. Analyse the impact of the ongoing reform process in Irish land law and its underpinning of public policy objectives in relation to the more effective social and economic utilisation of buildings and land.
  6. Analyse the implications and requirements of membership of a profession that is subject to statutory regulation.
  7. Critically examine the use of legislation to achieve public policy objectives in the construction sector.
  8. Formulate his/her practice to address the issues of contractual and tortuous liability that arise in the context of practicing as a registered building surveyor.
  9. Critically define the scope of practice of a registered building surveyor by reference to the level of skill or competence a surveyor must demonstrate in a given situation.
 

Module Content & Assessment

Indicative Content
Semester 1
(Applied Land Law)
Sourcing and interpreting statutory material
Main sources of statutory material including the websites of the Oireachtas and the Irish Statute Book. Format and content of legislation and the rules of statutory interpretation.
Estates and interests in land.
The significance of the Land and Conveyancing Law Reform Act 2009, Updating the law, Simplification of the law and it’s language. Simplification of the conveyancing process Facilitating e-Conveyancing. Estates, effectively freehold and leasehold. Co-ownership.
The practical operation of the land registration systems.
Land Registration systems, the Land Registry and the Registry of Deeds, issues and characteristics, Registers and Indexes and . Folios Mapping, Registration of ownership, Conmpulsory registration, E-conveyancing and Land Direct
Appurtenance Rights and related concepts
Easements, profits and part 8 of the Land and Conveyancing law Reform Act 2009. Restrictive covenants and part 8, chapter 4 of the Land and Conveyancing Law Reform Act 2009. Party Structures, boundary disputes and part 8 of the 2009 act.
The relationship of landlord and tenant with emphasis on the statutory framework for this relationship.
Residential and business tenancies, statutory regulation of the relationship of landlord and tenant, Right to a new tenancy Reversionary leases, Compensation, Covenants in leases for tenements. Rent review clauses and upward only rent reviews. Delapidations. Significance of the Property Services Regulation authority and the Commercial Lease Database system.
Semester 2
(Law in Practice)
Registration
The Building Control Act 2007 and statutory regulation of registered building surveyors, significance of a code of conduct and ethics, the role of the registration body, i.e. SCSI, discipline, maintaining competence. The Property Services (Regulation) Act 2011 and the regulation of Property Services Providers (PSPs within the meaning of the Act). The role and functions of the Property Services Regulation Authority.
Statutory Regulation of the construction and property sector
Examination of the use of legislation as a mechanism to achieve specific policy objectives in respect to the construction and property sector. Examples include Multi-unit Development Act 2011, Planning and Building Control systems with particular reference to the Building Control Regulations 2013, the Property Services Regulation Act 2011, Water Services Acts 2007 - 2013 and the Construction Contracts Act 2013.
Potential liability in contract and tort
The basis of both contractual liability and liability in tort with specific reference to the tort of negligence. Liability arising from inspection, valuation, survey and opinions on compliance. The emergence of statutory certification and the role of the registered building surveyor. The extent of liability and the running of time, inherent defects and limitation of liability.The concept of scope of practice and the 'reasonably competent building surveyor'.
Forms of trading and practice
The available options of trading as a sole trader and a partnership. The emergence of professionals trading as limited companies. The comparative advantages of different forms of trading.
Assessment Breakdown%
Course Work50.00%
End of Module Formal Examination50.00%

Full Time

Course Work
Assessment Type Assessment Description Outcome addressed % of total Marks Out Of Pass Marks Assessment Date Duration
Continuous Assessment Applied land law - The student will be required to demonstrate an ability to access, utilise and interpret information available in the on-line registers maintained by both the Property Registration Authority and the Property services Regulation Authority 1,3 10.00 100 40 Week 4 0
Continuous Assessment Applied land law - The student will be required to either (a) critically examine an aspect of current land law or (b) apply appropriate statutory provisions to an identified factual scenario 1,2,5 15.00 15 40 Week 22 0
Continuous Assessment Law in practice - The continuous assessment will consist of a single written report which will require the student to address a current legal issue or topic which impacts directly on practice as a registered building surveyor. 6,7,8,9 25.00 0 0 Sem 2 End 0
No Project
No Practical
End of Module Formal Examination
Assessment Type Assessment Description Outcome addressed % of total Marks Out Of Pass Marks Assessment Date Duration
Formal Exam End-of-Semester Final Examination 2,3,4,5,6,7,8,9 50.00 100 40 End-of-Semester 0
Reassessment Requirement
A repeat examination
Reassessment of this module will consist of a repeat examination. It is possible that there will also be a requirement to be reassessed in a coursework element.
Reassessment Description
Students will be given the opportunity to remediate part or all of their CA performance by the autumn/repeat examinations board by repeating part or all of the same or similar CA.

DKIT reserves the right to alter the nature and timings of assessment

 

Module Workload & Resources

Workload: Full Time
Workload Type Workload Description Hours Frequency Average Weekly Learner Workload
Lecture Structured lecture 4.00 Every Week 4.00
Directed Reading including access on-line registers and resources 1.00 Every Week 1.00
Independent Study n/a 2.00 Every Week 2.00
Total Weekly Learner Workload 7.00
Total Weekly Contact Hours 4.00
This course has no Part Time workload.
Resources
Recommended Book Resources
  • Pearse and Mee 2012, Land Law, 1st Ed., all, DUblin
  • SCSI, SCSI Digital Publications various, SCSI Ireland at www.scsi.ie
This module does not have any article/paper resources
Other Resources
  • website: Oireachtas 2014, Acts of the Oireachtas; www.irishstatutebook.ie & www.oireachtas.ie, Oireachtas, Dublin
  • website: Property Registration Authority 2014, The Land Registry; www.landregistry.ie, Property Registration Authority, Dublin
  • n/a: Society of Chartered Surveyors; www.scs.ie
  • n/a: Royal Institute of Chartered Surveyors; www.rics.org
  • website: Courts Service 2014, Judgements, Courts Service, Dublin
  • website: Attorney General 2014, Irish Statute Book, Attorney General, Dublin
  • website: Property Registration Authority 2014, Land Direct, Propertry Registration Authority, Dublin
  • website: Property Services Regualtion Authority 2014, Commercial Leases Database and Database of Sale of Dwellings, Propertry Services Registration Authority, Dublin
  • website: Law Reform Commission 2014, Reports and Consultations, Law Reform Commissison, Dublin
  • Website: Oireachtas 2014, legislative observatory: Oireachtas, Oireachtas, Dublin
  • Website: 2014Attorney General , Irish Statute Book, Attorney General,, Dublin
  • Website: SCSI 2014, entire website, SCSI, Dublin
  • Website: RICS 2014, entire website, RICS, London
  • Website: Department of Environment Heritage and Local Government 2014, Planning and Building Control, department of Environment Hertitage and Local Government, Department of Environment Heritage and Local Government, Dublin
  • Website: Courts Service 2014, Judgement Database, Courts Service, Dublin
  • Website: British and Irish Legal Information Institute 2014, legal research source for Irish, UK and European legislation and caselaw, British and Irish Legal Information Institute,, London
  • Website: Property Services Regulation Authority 2014, entire website, Property Services Regulation Authority, Dublin

Module Delivered in

Programme Code Programme Semester Delivery
DK_EBSUR_8 Bachelor of Science (Honours) in Building Surveying 5 Mandatory
658 Bachelor of Science in Construction Surveying 5 Mandatory