Statutory obligations

[edit] Introduction

Statutory obligations are those obligations that do not arise out of a contract, but are imposed by law.

The statutory obligations applicable to the design, construction and operation of buildings are extensive and complicated, and they will depend on the specific nature of the proposed development. It is very important that contracts and appointment documents make it clear whose responsibility it is to satisfy statutory obligations and who is bearing the risk of failure to satisfy a statutory obligation. For example, on a design and build project, the contractor may be required to prepare and submit a planning application, but the client may accept the risk that planning permission will not be granted.

Whilst statutory obligations are many and varied, and there can be many additional obligations that relate to the final use that a building is put to, a very broad summary of some categories of statutory obligation are presented below (this list is not comprehensive).

[edit] Building

• The Building Regulations.
• The Building (Approved Inspectors etc.) Regulations.
• The Defective Premises Act.
• The Party Wall Act.

[edit] Planning

• The Ancient Monuments and Archaeological Areas Act.
• The Community Infrastructure Levy Regulations.
• The Growth and Infrastructure Act.
• The Localism Act.
• The Planning (Listed Building and Conservation Areas) Act.
• The Planning Act.
• The Planning and Compulsory Purchase Act.
• The Town and Country Planning (Development Management Procedure) (England) Order.
• The Town and Country Planning (General Permitted Development) Order.
• The Town and Country Planning (General Permitted Development) (Amendment) (England) Order.
• The Town and Country Planning (Tree Preservation) (England) Regulations.

[edit] Health and safety

• The Construction (Design and Management) Regulations.
• The Management of Health and Safety at Work Regulations.
• The Work at Height Regulations.
• The Lifting Operations and Lifting Equipment Regulations.
• The Construction (Head Protection) Regulations.
• The Workplace (Health Safety and Welfare) Regulations.
• The Work in Compressed Air Regulations.
• The Provision and Use of Work Equipment Regulations.
• The Gas Safety (Installation and Use) Regulations.
• The Control of Substances Hazardous to Health Regulations (COSHH).
• The Manual Handling Operations Regulations.
• The Control of Noise at Work Regulations.
• The Control of Vibration at Work Regulations.
• The Control of Asbestos Regulations.
• Health and Safety (Consultation with Employees) Regulations.
• Reporting of Injuries, Diseases and Dangerous Occurrences Regulations.

See also: Health and Safety.

[edit] Environment and pollution

• The Clean Air Act (under review).
• The Clean Neighbourhoods and Environment Act.
• The Climate Change Act.
• The Conservation of Habitats and Species Regulations.
• The Contaminated Land (England) Regulations.
• The Control of Pollution (Oil Storage) (England) Regulations.
• The Control of Pollution Act.
• The Energy Act.
• The Energy Performance of Buildings (England and Wales) Regulations.
• The Environment Act.
• The Environmental Protection Act.
• The Flood and Water Management Act
• The Groundwater Regulations.
• The Hazardous Waste Regulations.
• The Land Drainage Act.
• The Pollution Prevention and Control Act.
• The Site Waste Management Plan Regulations (to be repealed in 2013).
• The Waste (England and Wales) Regulations.
• The Water Resources Act.
• The Wildlife and Countryside Act.

See also: Environmental Legislation

[edit] Noise

• The Control of Noise at Work Regulations.
• The Control of Noise (Code of Practice for Construction and Open Sites).
• The Noise and Statutory Nuisance Act.
• The Noise at Work Regulations.

[edit] Traffic

• The Highways Act.
• The Road Traffic Act.
• The Road Traffic Regulation Act.
• The Traffic Management Act.
• The Traffic Signs, Regulations and General Directions.
• The Transport Act.

See The road user and the law for more information.

[edit] Public procurement

• The Social Value Act.
• OJEU procurement rules.

[edit] Products and services

• The Construction Products Regulation.
• The Defective Premises Act.
• The Energy Related Products Regulations.
• The Supply of Goods and Services Act.

[edit] Miscellaneous

• Insurance requirements.
• Specific obligations for landlords
• Specific obligations for the operation of specialist facilities.
• Taxation.
• The Ancient Monuments and Archaeological Areas Act.
• The Arbitration Act.
• The Bribery Act.
• The Countryside and Rights of Way Act.
• The Disability Discrimination Act.
• The Equal Opportunities Act.
• The Freedom of Information Act.
• The Housing Grants Construction and Regeneration Act and the Scheme for Construction Contracts.
• The Late Payment of Commercial Debts Regulations.
• The Law of Property Act.
• The Regulatory Reform (Fire Safety) Order.

[edit] Related articles on Designing Buildings Wiki

• Building Regulations.
• CDM.
• Environmental Legislation.
• Health and Safety.
• Insurance.
• Planning permission.
• Public procurement.
• Statutory authorities.
• Statutory undertakers.
• What approvals are needed before construction begins.

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