Statutory Constraints Flashcards
Construction (Design and Management) Regulations 2015 (CDM 2015)
These regulations are the main set of regulations for managing health, safety and welfare on construction sites. They can be used to support clients who may not have the knowledge or expertise to carry out a construction project. The regulations ensure the client selects the right team and helps them to work together to manage the health and safety of the project. If there will be more than one contractor involved in the project, then the client must appoint a principal designer and principal contractor
A project is more likely to bd completed on time and without any accidents if it is properly planned and managed. Construction projects can often be complex and involve high-risk work such as working at height, excavations, electricity, using heavy plant and machinery, creating dust and removing hazardous materials such as asbestos
The principal designer and contractor must work together, allow enough time for the high risk activities to be planned and managed, and ensure that the information is clearly communicated to everyone involved in the construction process
Building Regulations approval
Building regulations aim to ensure the safety, quality and security of houses and commercial buildings. The Building Regulations 2010 are a set of Approved Documents setting out the requirements for a building under 14 separate sections that cover critical areas such as structure, fire safety, ventilation, conservation of fuel and powee and electrical safety
Note that the Building Regulations in England and Wales are different from the Building Regulations in Northern Ireland and in Scotland they are called the Building Standards. They all have the same purpose, which is to provide technical guidance on how to keep safe a building safe, effective and sustainable
Most building work in the UK requires approval from local authority Building Control. Approval can be sought out by Full Plans approval or Building Notice approval. With a full application, Building Control will inspect your drawings and spot any issues with the work immediately but if there are any problems then Building Control may enforce that the work must be taken down and fixed
The local authority could demand that a building without approval must be pulled down, or that faulty work is corrected. During Full Plans approval, possible faults or deflects should have been identified from the plans at the design stage. Without the correct approval, selling the building may be very difficult
Party Wall etc Act 1996
This legislation tries to prevent disputes with neighbouring properties over party walls and boundaries. When a project that falls under this Act is to be constructed, the owners of the adjoining building or wall must be informed. The adjoining owners can review the plans and, if they raise an objection, the Act has systems in place to try to resolve the dispute
The best way of settling any differences with neighbors on party walls is by discussion. Any agreement should be documented. If a suitable agreement cannot be achieved, then the Act allows for the appointment of an agreed surveyor to draw up an award, which is a report including a description of the work to be carried out and the duties and rights of the two owners. The surveyor must be agreed upon by both the owner and neighbour
Alternatively, each owner can appoint a surveyor to draw up the award together. If the two appointed surveyors cannot agree, or either of the owners still do not agree, then a third surveyor may be asked to decide on the award. The responsibility of the surveyors is to resolve the dispute in a fair and practical way. The award is final and binding unless it is overturned in court
Such disputes can add additional time and costs to the project and any possible disputes must be considered by the client as part of the overall project
Disability Discrimination Acts (1995, 2005) Equality Act 2010
The Disability Discrimination Acts give disabled people important rights of access to everyday services such as local councils, doctors’ surgeries, shops, hotels, banks, churches and schools. These service providers are required to make reasonable adjustments to buildings to enable disabled people to approach and enter the buildings and use the facilities, such as providing disabled car parking bays, sufficiently safe doors, access damps and contrasting colours
The Equality Act 2010 simplifies previous equality laws in a single piece of legislation. This law protects people from discrimination by service providers due to a number of factors, including disability. The Act works in conjunction with the Building Regulations as it requires ‘reasonable adjustments’ to be made to ensure accessibility to buildings and services
Landlord and Tenant Act 1985
This legislation sets out the responsibilities of landlords and tenant. The landlord or owner of the premises must keep the building up to a suitable standard. The owner is responsible for maintaining the internal service supplies for water, gas and electricity and for maintaining external structural elements such as the roof, walls, windows and doors. The tenant also has responsibilities, such as avoiding damage to the property
Restrictive covenants on land and property
Restrictive covenants are limitations put on land or property that prevent certain activities from taking place. This is often to prevent building on a section of land or to prevent a specific type of business using the land. If you breach this legally binding agreement, you can be fined or have the agreement terminated
Examples include ensuring that all buildings in a development maintain a similar appearance to each other, not being able to build additional structures on the land, or not removing internal walls
