Unit 5 Legal and Statutory Requirements in Construction Assignment Brief

Aim

The construction industry is perceived to be a dangerous, noisy and disruptive area of work that impacts on the use of land and buildings. It is, however, governed by a range of areas of law to ensure that professionals, such as architects, quantity surveyors and contractors, comply with legal and statutory requirements to design, construct and deliver buildings and alterations using safe working practices and utilising land appropriately.

This unit introduces the different areas of law that are relevant to the construction industry throughout the development process. This includes applying for planning approval to undertake construction activities and using building control regulations to evaluate building design and alterations at the preconstruction stage. Students will explore the laws of occupiers’ liability, trespass and nuisance to manage construction activities on-site, and the legal aspects of the sale and leasing process involved in the disposal of buildings, using the law of contract and land law.

On successful completion of this unit, students will be able to apply legal and statutory requirements and processes common to the construction sector.

Learning Outcomes

By the end of this unit, students will be able to:

LO1 Explain the process used to obtain planning permission for the construction and alteration of buildings

LO2 Discuss the processes and regulations used to control design and to ensure  safe buildings

LO3 Assess the laws used to ensure that construction sites operate safely and consider adjoining land-users

LO4 Analyse how the law of contract and land law are used to sell and lease land  and buildings.

Essential Content

LO1 Explain the process used to obtain planning permission for the construction and alteration of buildings

• Purpose of planning regulations
• Development control
• Environmental protection
• Land use
• Gaining planning permission
• The legal framework (e.g., legislation, regulatory)
• Types of development
• Permitted development
• Application process (e.g., application forms, statutory and public notification)
• Approval process and conditions.
• Appealing planning decisions
• The right of appeal (e.g., applicants, general public, timeframes)
• Appeal processes (e.g., forms, procedures, notification periods)
• Planning enforcement
• Notification processes and procedures
• Right of appeal and timeframes

LO2 Discuss the processes and regulations used to control design and to ensure safe buildings

• Building control/building regulation systems
• History and development
• Legislation
• Regulatory agencies
• Requirements of building control and regulations
• Building regulation standards and areas of jurisdiction
• Obtaining approval and right of appeal processes
• Approvals, inspection and compliance
• Enforcement and dangerous buildings
• Building regulations and health and safety
• Safety in construction
• Safety in operation and occupation

LO3 Assess the laws used to ensure that construction sites operate safely and consider adjoining land-users

• Administration of the law
• Courts, personnel, sources of law, including legislation and case law, speciality courts and alternative dispute resolution methods
• Health and safety
• Legislation
• Documentation
• Enforcement
• Liability
• Occupiers liability (e.g., duty of care, breach of duty, damage, defences, dangerous premises, visitors, children, independent contractors, trespassers and non-visitors, case law and legislation)
• Vicarious liability (e.g., definitions of employer and employee, application of the course of employment rule, independent contractors, general principles, non-delegable duties)
• Trespass to land
• Forms of trespass (e.g., intrusion, possession)
• Defence and remedy (including damages, injunction and ejectment)
• The operation of the construction industry and trespass
• Mitigating measures (e.g., Considerate Contractors Scheme)
• Nuisance
• Private nuisance (e.g., encroachment, interference, unlawfulness, impact of continuity, sensitivity and locality, liability, damage, defences and remedies)
• Public nuisance (e.g., obstruction, pollution, criminal offence, mitigation)
• Insurance
• Types of insurance, including public liability insurance
• Employers’ liability insurance
• Contractors’ All Risks insurance
• Latent defects insurance
• Machinery insurance
• Personal accident insurance and contract bonds

LO4 Analyse how the law of contract and land law are used to sell and lease land and buildings

• History and development of land ownership
• Types of land ownership and registration of ownership (e.g., freehold, leasehold)
• Tenure restrictions on ownership (e.g., restrictive covenants, easements)
• Law of contract and property conveyance
• Key stages in the law of contract (e.g., offer, intention, capacity, consideration)
• The stages and requirements of the property conveyance process
• Landlord and tenant law
• Legislation
• Types of lease (e.g., residential, commercial)
• Lease terms and conditions
• Rent and repair responsibilities
• Management of other agreed terms
• Terminating and ending a lease
• Lease disputes and mediation processes
• Construction activity and party and boundary walls
• Types of wall (e.g., party walls, party structures, boundary conditions, retaining walls)
• Key legislation, regulations and case law
• Trespass and nuisance considerations
• Procedures and obligations on neighbour notification and agreement

Learning Outcomes and Assessment Criteria

Learning Outcomes and Assessment Criteria

Recommended Resources

Print resources

CARD, R., MURDOCH, J., MURDOCH, S. (2003), Estate Management Law, LexisNexis

CLOUGH, R., SEARS, G., SEARS, S., SEGNER, R., ROUNDS, J. (2015), Construction Contracting, John Wiley & Sons

JOWSEY, E. (2014), Real Estate Concepts, Routledge

MASON, J. (2016), Construction Law, Routledge

MASON, J. (2021), Innovating Construction Law, Routledge

UFF, J. (2017), Construction Law, Sweet & Maxwell

Links

This unit links to the following related units:

• Unit 4: The Construction Environment
• Unit 11: Financial Management & Business Practices in Construction
• Unit 12: Tender & Procurement
• Unit 20: Site Supervision & Operations
• Unit 23: Construction Economics & Sustainability
• Unit 25: Quantity Surveying Practice
• Unit 29: Contracts & Management
• Unit 30: Project Management
• Unit 35: Sustainable Methods of Construction
• Unit 36: Value Engineering & Cost Control
• Unit 38: Advanced Quantities for Complex Building Projects
• Unit 44: Maintenance & Operations
• Unit 54: Advanced Quantity Surveying Practice

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