Essay: Building a house legislation

E – Portfolio Activity Two
Law and Acts are important within construction as we need to stick by legislation that is enforced to minimise claims from incorrect conduct. Legislation is the name given for that of making and proposing new laws by a legislative body (Parliament). Construction law entails those such as Working at Height Regulations 2005, Health and Safety at Work Act 1974 and Construction (Design and Management) Regulations 2007. These are fully enforced under contracts which are applied to all subcontract orders (ECJ, NEC3 and D&B) which are a referral system for any defect or early warning that arises during the project.
Building a house will have all kinds of legislation attached to it, down to the location of the building to those constructing it. Looking to build a house on the coast could have effect on the environment, as it could not only damage the wildlife, and animals who habitat there, but could also affect the aesthetic look of the area. The Environmental Protection Act 1990 was put in place to make provision for the improved control of pollution arising from certain industrial and other processes. (Anon., 1974)Recent studies show that the levels of global co2 production are constantly increasing, each year we lose 29,157 square miles of forests globally because of deforestation. (Anon., n.d.) Even though Tom and Francesca might not have to cut down trees to start constructing their house, they may affect wildlife and the plant used may affect the pollution levels which can be regulated by The Control of Pollution Act 1974. The idea of a house on the coast is an advantage as they are able to use alternative energy methods which are renewable and sustainable, this being tidal wave energy; this is a positive impact on the environment as we will reduce the amount of greenhouse gases, meaning cleaner air for us to breath, but also have an economical benefit on themselves by saving costs in the long run, and also having a larger budget to spend on materials, mainly those that are recycled so that they can also help the environment.
Tom and Francesca want to buy all the key materials themselves however; they want to appoint a main contractor and architect so they will have to follow the laws set out under the NEC3 contract, also the JCT and D&B contract. When appointing a contractor, they sign an agreement to create a deed, this deed will last up to 12 years dependent on the value, in this case, it will be 12 years. As Tom and Francesca are supplying key materials, they will be including bricks, tiles, concrete and cement, and the rest will be provided by the contractor. These will be new materials up to the standard of building a house, and also Tom and Francesca’s. They will be purchased from a wholesaler, which using the Sales of Goods Act 1979 s.14 (2) (Anon., n.d.) where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality, considered (Stevenson V Rogerson, 1999). If the standard of these goods are not satisfactory, Tom and Francesca could insert a claim and courts would base it on the usability test which questions whether the goods which are questioned are in satisfactory quality. In the NEC3 contract, for goods which the contractor will supply, he will be liable under the clause X18 (Limit of Liability) for any defect that arises from his work. There is a set period of around 52 weeks for the contractor to correct the defect, and from the deed signed, any major defects after the allocated time frame, they are still liable for up to 12 years.
There would have to be certain equipment in helping build the house, so legislation of The Control of Pollution Act 1974 would have to be followed. This piece of legislation looks at ‘controlling noise and vibration from constructions sites and other similar works.. before works start or after they have started.’ (Anon., 1974) They will have to use cranes to transport the materials, excavators and diggers, meaning noise will be at the highest on the construction. The subcontract they appoint will have to provide machine that doesn’t go over 80 decibels, and the labourers will have to have hearing protection of 85 decibels. (Anon., n.d.). They will also have to be aware of the land in which the plant is stored and used, as in the case Anchor Brewhouse V Berkley house in which a crane sailed over the air space of a neighbour. The claimant was entitled to an injunction to prevent the trespass since the trespass is actionable per se (Anchor Brewhouse Developments v Berkley House Ltd , 1987)
Health and Safety at Work Act 1974 (HASAWA) is primary piece of legislation covering occupational health and safety in Great Britian The contractor Tom and Francesca tender with will have to comply with the RAMS (Risk Assessment Method Statement), if not fully complied with, the contractor is held liable, however if it’s a risk not defined in the RAMS Tom and Francesca will be liable. As they aren’t supplying anything but key materials, all the plant will come from the contractor, this will have to be checked so it doesn’t impose any health risks, and unsafe work conditions on the construction build. There will be requirements where with some plant it will need a specific licence and training which will have to be provided before access on the site, and also a PUWER check. There is a requirement for each sub-contractor working on site to have a drugs and alcohol test as the possession or distribution of drugs and alcohol is illegal, if found with possession, they will be immediately instructed off site. There is a duty of care owed to all employers working for Tom and those then working as sub-sub-contractors. Duty of care enforces that of best practice and provides attention and prudence a reasonable person would in the certain circumstance, if this isn’t met, they can be charged for negligence. It can be reviewed whether they were negligent by the use of the ‘But for’ test and for personal injury and property the ‘Caparo’ test. (n.d.) Caparo industries v Dickman.
Every construction project will have to fall in line with The Building Regulations 2010. This is a legislation which outlines all the regulations that have to be followed when building. The regulations are equitable in comparison to those such as planning permission, the house constructed as an end product could pass or fail. Tom can submit a building notice to speed up the construction process and will be entitled to a weekly inspection as the work progresses – the negative could be that if it doesn’t comply with what you submit, there could be the works taken down or rebuilt. (Anon., n.d.). If they decided to use tidal power, or solar panels to improve their sustainability within their house, they will have to submit this within the building regulations as under Part 6 .22 where it states the requirement of the change to energy status. Once finished there will have to be a certificate issued to say the work is complete and it follows all of the regulations in the legislation.
COSSH 2002 requirements will have to be followed, to protect those from harmful substances hazardous to health. A substance harmful to health is those under chemicals, dusts, and fumes however doesn’t cover the substances such as asbestos and lead. In the construction of a house the plant used will exhaust toxic fumes out meaning that there is harmful substances available to breathe in, this can be regulated by the correct wear Respiratory Protective Equipment to stop breathing/lung problems. Those working on site will have to wear personal protective clothing as a minimum (Anon., n.d.) as it lowers our risk of harmful substances interacting with our skin, and eyes. There will have to be training as under Step 8 of COSHH it says ‘Ensure that employees are properly informed, trained and supervised’, this will need to be updated in accordance with the relevance of the work undertaken on a daily basis, in a starter briefing. (Anon., n.d.) If the training isn’t provided, the control measure implanted will not be used to the full effectiveness as they won’t understand the purpose, or the correct way to use them.
There will have to be regulations followed for working at height, these are under the legislation of ‘The Working at Heights Regulations 2005’ which is to prevent death and injury caused by a fall from height. (Anon., 2005). In schedule 3, part 1 under 1.3 and 1.4 it states that the stability of the supporting structure should be suitable and of sufficient strength and rigidity for the purpose for which it is being used and they must be in 1.5(b) be so constructed that the surface of the working platform has no gap (Anon., 2005). Working at height is something that will be within the building of Toms house, so these regulations will have to be followed to keep those safe, if there is an accident that has arose from working at height and the regulations haven’t been followed, a compensation claim can be made.
In law, we find a section under Construction Law that all builders, surveyors and even down to the labourers should follow. This is a guide which every house, building should follow; failing this becomes a defect or compensation event. It is important we stick to construction legislation as they set the fundamental ground lines of the right and wrong during a build. Health and safety is the most prominent and important part within construction, and is the building blocks to a good construction. If health and safety is followed, regulations around that should fall into place.