An important thing to consider in any construction project is exactly what legislation, rules and regulations govern the project. There are generally five areas that are regulated within construction projects:
Health and safety statute
Each of the five areas is going to be considered separately before we proceed to look at some practical tips for non-experts considering starting a construction project in the next article.
Health and Safety
The most significant regulations relating to health and safety which can affect a construction project and potentially lead to a building dispute are the Construction (Design and Management) Rules 2007 (“CDM 2007”). The CDM 2007 is applicable to all work carried out in the construction industry in the United Kingdom. The aim of the legislation is to encourage:
– The improvement of preparing and handling construction projects from the commencement of the construction project to it’s finish
– The management of risk within the construction project by allocating the correct consultants at the appropriate time to the appropriate work
– The upholding of health and safety within the construction project by concentrating the contractor’s (the builder’s) mind on risk
The responsibilities placed upon the employer differ as to whether project is classed as a Notifiable or Non-Notifiable Project.
The Health and Safety At Work Act 1974 also applies to construction projects. This legislation places responsibilities upon the appropriate professionals to train their employees, provide the appropriate work gear, and undertake risk assessments (amongst other requirements).
Payment within the contracts
This is governed by the Housing Grants, Construction and Regeneration Act 1996. This Act provides a number of rules concerning:
– The provision for grants or loans and other assistance pertaining to housing purposes
– Actions relating to unfit housing
– The supply of grants and other assistance for regeneration and development
Under the 1996 Act contracts must provide an adequate method for identifying what payments are owing under the contracts, and when these payments are due. Employers may negotiate details of the payments under the Act however they cannot opt out of the mandatory payment rules.
As you’d expect, the “Building Regulations” regulate the authorization and administration of the construction of buildings in the United Kingdom. The building regulations that apply across England and Wales are set out in the Building Act 1984. The Regulations govern such diverse topics as:
– The structure of buildings
– Fire safety
– The preparation of the construction area for building works
– The utilization of toxic materials
– Good hygiene on the construction site
– Waterflow and drainage
(and so on)
The most important rules relating to tax are contained with the Construction Industry Scheme (CIS).
Construction projects associated with the building of public works or buildings are required to follow EU public procurement rules.
As can be seen from the above short article, there exists a diverse range of statute and rules covering almost every aspect of the construction project. In the event you need advice on any specific element of a construction project, particularly relating to a dispute, get in touch with Direct 2 Lawyers.