Planning and Building Control Legislation

Course - HND in Construction and the Built Environment

Legal Statutory Responsibilities in Construction

Abstract
The aim of this report is to study the techniques that are enforced for acquiring permission to plan for building construction and even modifications. Further, this report will focus on critically reviewing as well as assessing various processes and regulations that are utilised for controlling design and making such that buildings are safely constructed. Moreover, this report will drive emphasise evaluating laws which are used for ensuring that the land of construction is functioning safely. Additionally, this report will examine laws used for low-rise and mid-rise buildings across the UK.

Table of Contents

• Introduction
• Explain the Important Law and Agencies involved in Planning Procedure
• Explain Planning Decisions and Procedures Available for Appealing and Monitoring
• Explanation of Important Law and Agencies in building Control Procedure
• Discuss the Determination of Building Decisions and Processes Available for Appealing and Monitoring
• Analysis of Role of Planning Systems and Agencies to Manage Development of Land and Buildings
• Analysis of Application of Building Regulations in Medium and Low-rise Commercial and Residential Buildings
• Evaluate Influence of Planning Systems and Building Regulation Agencies to Manage Development of Buildings and Land
• Conclusion
• References

Introduction
The crucial legal aspects involved in construction projects include things to look around for things that can go wrong. A very fast guide to the legislative aspects of the construction project focus on first-time employers of construction services who are not building a project before. The report will obviously cover a wide variety of issues inclusive of the parties for contracting, insurance, regulation and procurement. This will further set out some of the aspects, which might go wrong in the project such as delayed completion or defects. Legal provisions are ones, which do not derive from the contract; however, are imposed by the law. According to Ogunnusiet al. (2020), the statutory requirements concerning the planning, building and functioning of structures are complex and wide and they would vary according to the particular form of the planned building. This is very crucial that agreements as well as documents for appointment state who has beenheld accountable in order to address statutory responsibilities and who abidesby the danger of dwindling for meeting statutory obligations. For instance, in building and designing projects, the contractor might be obliged for preparing and submitting the planning application; however, the customer might assume the risk that planning approval might be granted. While this is the fact that statutory obligations are varied and numerous and there could be numerous excess obligations, which relate to the final usage that a building is put to, this report will focus on critically reviewing and analysing a wide variety of statutory obligations in relevance to planning and building control process.

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Explain the Important Law and Agencies involved in Planning Procedure
Legislation for planning prominently helps the policies to plan in the UK and considers the shape of Statutory Instruments and Acts ofAssembly. Acts of Assemblyeither develop a fresh law or modify the already prevailing ones. The Acts initiate lifecyclein the form of a Bill that is given approval from the Houses of Parliament and then this is provided the Royal Assent (Jensen and Kelstrup, 2019). Statutory Instruments are regarded as the secondary, delegated or subordinate legislation, which facilitates the UK government in altering or bringing the provisions of the Act into enforcement without ever requiring Parliament for passing the new Act. The following are essential Acts of Parliament, which establish policy legislation.

While engaged in the planning process, this is at prior essential for the constructors to drive focus on the Country and Town Planning Act of 1947. This Act prominently serves as the basis of modern country and town planning schemes. This Act obviously democratised the usage of land. As opined by Ayonga (2020), the importance of this Act is widely dependent on the fact that by the proper establishment of the requirements for planning permission, the authority for developing land seems no more a given of ownership. This is the fact that the Country and Town Planning Act 1968 is bringing safety to the enlisted constructionsin the UK for the initial time ever and has been most crucial to the need for conservation. Country Planning and Town Act has been revised by the Compensation and Planning Act 1991 that brought in the planning driven system, which meant that improvement planningshould be strong-minded and aligned with development requests.

In the planning of any building construction project, this is prior essential for the enterprises to focus on the Enlisted Building and Conservation Areas or Planning Act 1990. This Act seems to consolidate a few enactments in relevance to distinctive controls that are applicable with respect to buildings and areas of special historic or architectural significance. In the UK, building regulations are regarded as statutory regulations or statutory instruments, which focus on seeking to ensure that all the policies that are set out in the relevant legislation have been performed (Coulson and Milbourne, 2021). The supremaciesassociated with the Building Act 1984 embraces setting essential standing for permitted documentations, destruction ofconstructions, perilous constructions, application of constructionrules, power for entering into premises and others.

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Explain Planning Decisions and Procedures Available forAppealing and Monitoring

As stated by Jones and Comfort (2019), in the UK, the application of the Country and Town Planning Act 1947 clearly establishes that permission for planning should be granted for the development of buildings, reorganisation of planning authorities and require the arrangement of local development plans. The Act further entails that the local authorities that have been reorganised from around 1500 to 150 require taking preparation from a wide-ranging local strategy that established detailed proposals as well as policies for proper usage and progress of land in that particular area (Catney and Henneberry, 2019). While involved in appealing and monitoring processes, the wide-ranging controls that are availed to localised authorities include authorization of developmentsuggestions, bringing renovation in land, obligatory purchasing orders for buying land and leasing the fresh developers, giving powers to control outdoor advertisements and giving power for preserving buildings or woodlands that are having architectural or historic interest.

Actually, 2018 marked exactly 50 years since the Country and Town Planning Act 1968 has been passed. As discussed by Devlin and Coaffee (2023), numerous people associated the Country and Town Planning Act of 1968 with development planning, public engagement and actionable areas in planning. From either the Ancient Monuments Preservation Act of 1882 to the present, this has been the most significant measure. Truly enlisted structures had been protected by the Town and Country Planning Act of 1947; however, only to a limited extent. This is very true that the Civic Amenities Act of 1967 had been comprehensive and well supported; however, conservation areas seem to be more titles rather than teeth. Protection before 1968 was scarce. Country and Town Planning Act of 1990 prominently superseded the Act of 19947 and brought in numerous changes primarily in dividing the planning process into development control and forward planning. This entails establishing future strategies for local authority and controlling present development.

Enlisted Building and Conservation Areas or Planning Act has been brought in for creating a special form of control in terms of demolition, extension or alteration of buildings, structures or objects of specific historic or architectural interest and conservation regions. Conservation areas are locations, which are classified as having unique historic or architectural importance in which the appearance or character must essentially be enhanced or preserved. Rules on conservation areas as defined by this Act are applied besides conventional planning controls. Clause 2 of the law undoubtedly stipulates Local Planning Authorities (LPAs) in order to pay special consideration to the appropriateness of protecting or improving the nature or aesthetic of a nature reserve when carrying out planning activities. This implies they have to consider it when developing planning and municipal policies, making development control decisions, enforcing controls on plants, advertising, and buildings in need of care, and operating their highway authorities.

The Building Act of 1984 provisions local governments with the essential authority as well as obligation for implementingcodes for building within the authorities. While involved in monitoring the authorities include the ability to enter buildings and the ability to prosecute and punish non-compliant construction works, dangerous structures, and demolitions. The Building Act developed the role of the approved inspector that might act in the position of local authority building controlling service. The Building Regulations need that the project's acquiescence with the building regulations is autonomously verified. The Building Act of 1984 provides local governments with the authority and obligation to implement building codes in their jurisdictions. The authorities take account ofcapability for entering buildings and the capability for prosecuting and even punishing non-compliant construction works, riskystructures and demolitions (Seyedzadehet al., 2020). The building standards spread under such Act specify the announcementprocedures to stay in adherence whileinitiating, conducting or closing building work and the basic standards for innumerable components of construction and design of buildings.

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Explanation of Important Law and Agencies in building Control Procedure

Each of the construction work performed must address contemporary Building Regulations as well as code essentialities. The Building Controlling Service confirms that all structures have been designed as well as erected according to the Building Regulations and related law. This is regarded as the most crucial dutyto those who perform work for ensuring that the provision of all regulations has been fully addressed. The building control process focuses on encouraging innovation in producing sustainable and energy-efficient buildings. This further supports national, regional and local businesses. In fact, legislation for building control focuses on informing and educating building professionals, trades and contractor people. They defend vulnerable households and communities, remove scallywag dealers, defend the investment of companies and individuals, enhance accessibility to immobilised, old, young and sick persons, etc. Legislation protects communities from being affected by risky structures, provides essential advice for supporting emergency services, ensures public venues, and sports grounds safe for crowds.

In England, this is earnest to mention that the Ministry of Housing Local and Communities Government are liable for the Building Regulations 2010 as well as the Building Regulations (Approved Inspectors etc.) 2010. The rules are applied to most recent buildings as well as numerous alterations that are made to the already existing buildings. A long array of approved documents provide a general guideline regarding the way particular aspects of building design and construction can come into compliance with Building Regulations (Shrubsoleet al., 2019). The Building Regulations evidently establish legislative requirements for particular aspects of building work as well as notification processes that should be followed while commencing, performing and even finishing building work. In England, for the determination of building regulations, this has been found that the Department for Local Government and Communities is held responsible. The building code always necessitates that the compliance of the project with the regulations is verified autonomously.

Talking about the agencies that are involved in the building control process are Building Controlling Bodies. This may be the building controlling department under the local authority or even a permitted inspector. The person who has been carrying out all the building work can select whether they will show preference to make proper use of the Local Authority or the permitted Inspector. In 2014, Welsh Government ministers and the Department for Local Government and Communities transferred accountabilities for approving Inspectors to CICAIR Ltd., which is viewed as the subsidiary of the acting Construction industry Council. A series of performance metrics for building control are made ready by the Building Control Performance Standards Advisory Group for convincingly helping in ensuring raceamong permitted inspectors and local establishments. This encouraged the steady application of building control functions.

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Discuss the Determination of Building Decisions and Processes Available forAppealing and Monitoring

Building Regulations permissions seems to be obtained either from any of the locally based agency's improvement controlling department or from the recognisedsupervisor. In both stances, a specific fee istaken according to the structural type as well as construction cost. Payment schedules has beenmade available from local government's Building ControllingDepartment. Responsible persons can self-certify the fact that their work imitates to building necessities with never having to submit theconstruction permit or pay local authority fees.Talking about the process, the Building Regulation necessitate that the compliance of the project is verified independently. Building Controlling Bodies are accountable to check building work for verifying that this complies with the regulations. This embraces new buildings, extensions, installations and alterations. Historically such verification can be performed by the local authorities; however, this could now be offered by permittedsupervisors who are appointed privately.

Typically, in the case of new and large building projects, a full planning application is made that means all detailing of the proposed construction works have been submitted for gaining approval before works are performed. In cases of involvement in small projects or while modifications are to be made in the already existing building, then approval might be sought by providing notice to the building. In such a stance, the building inspector gives approval to the works as they are performed by the procedure of inspection. This is now possible for competent persons to give self-clarification that certain works are acted in accordance with the building regulation by never submitting a notice to the building authority or incurring no such local authority fees. In the case of any disagreement regarding the approval, the determination could be sought prior to the initialisation of the work from the Secretary of State for Local Government and Communities or from the Welsh Ministers in the Welsh Assembly Government.

This is very much possible for seeking dispensation or relaxation of the regulations from the building controlling department of the local authorities under some specific circumstances. This is at prior crucial for ensuring that the completion certificate is wanted by the approving authority, which is considered a shred of crucial evidence that the building works convincingly to comply with the regulations. The approval notice for full plans is valid for around 3 years from the date of acceptance of the plans. This could be extremely crucial provided the pace at which the building regulations are changing means that the building that is given approval; however, in case not built might necessitate re-designing and further approval in case construction is delayed as well as the regulations are drastically changed. Not complying with the Building Regulations may lead to a penalty and/or an initial enforcement demanding the correction of the works. In addition, there has been a regularised process for obtaining authorisation for unapproved activities.

The role of Building Controlling Bodies is focused on providing essential pieces of advice to the client regarding Building Regulations. This regulative agency further provides advice about the information, which requires to be submitted. In fact, proposals are checked for staying in compliance with the Building Regulations. The certificate for a plan is issued in a case that has been demanded. Inspect work with the flow of time. In the end, Building Controlling Bodies issue the final certificate.

FAQ: Planning Permission for Construction and Alterations

• What is planning permission?
• Do I always need planning permission?
• What are the steps to get planning permission?
• What should my application include?
• What are some factors that can affect my application?
• Where can I get help with planning permission?

Analysis of Role of Planning Systems and Agencies toManage Development of Land and Buildings

The planning system blatantly confirms building construction has been in perfect place while new stores, public centres, parks, houses or even factories have been planned. Around 11 local councils as well as Department for Infrastructure have been made accountable for a wide variety to plan all applications. This is earnest to mention that Department for Infrastructure performs immense roles. This authority is responsible for taking decisions about regionally significant planning applications that are crucial for all or in precise Northern Ireland. This council further engage in properly reviewing, checking, controlling and implementing the Regional Development Strategy 2035. This department set regional planning policies and makes planning legislation. Further, the Department for Infrastructure provides oversight as well as guidance for councils inclusive of the power for calling in and even making strategic decisions on the application, which is then submitted to the council (Giorgiet al., 2022). This department provides support for the local councils for monitoring performance management as well as bringing forward constant improvement initiatives.

In the process of managing the development of buildings and land, the role imparted by the council is immense. Each council is held accountable for local developmental planning, management of all developments and plan strategic enforcement. With respect to local developmental planning, all councils engage in the creation of strategic plans that clearly sets out the way their council regions should be looking in the near future. They are taking the decision regarding the scale as well as the type of development, which is wanted in order to encourage as well as find way-outs about where to put new buildings or related other developments (Durosaiye, Hadjri and Liyanage, 2019). In terms of management and development, the councils take the decisions about planning and local applications by either refusing or granting planning permissions. In the case of planning enforcement, the councils engage in a proper investigation of the alleged breaches found in the planning control and in accordance with that decision for actions to be taken.

Being involved in development management, this has been found that the councils are making the most effective decisions regarding the planning proposals for building on land or changing the usage of land or buildings. While taking a decision about an application for building planning consent, this must be notified that the council bring up planning policies documents as well as planning guidelines. In terms of planning permission, for getting the same, the building constructors require applying to the most relevant planning office under the council for major or local development. Furthermore, the Department for Infrastructure is held accountable for regionally prominent developments. While engaging in planning decisions, the council must be making decisions regarding the planning application within a few weeks' time. However, this might take a longer time for complicated or large applications. The local planning office could explain the entire process of planning the timetable. In case the application has not been determined within a few weeks, then the constructors can plea to the Planning Appeals Commission. In case of permitted development, the constructor needs doping some minor works to the home, which does never require permission for planning. Yet, in conservation areas, the allowed development rights may be limited or withdrawn.

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Analysis of Application of Building Regulations in Medium and Low-rise Commercial and Residential Buildings

In the UK, medium-rise buildings have been roughly defined as structures, which are having between 5 and 10 floors in addition to being equipped with a lift. Most specifically,as per McNeill et al. (2019), this must be noted that the National Fire Chiefs Council is enforced for categorising mid-rise constructions as structures in which the topmost habitable storey seems to be lower than 30 meters as well as more than 18 meters from the base level being measured from the lowest side of the building. This illustration is focused on the knowledge that the standard level of fire-fighting turntables is not historically capable of accessing buildings, which are higher than 18 metres. The National Fire Chiefs Council has established extra necessities for medium-rise buildings. This is essential to stay in acquiescence with the Class 0 outside surface necessities for the construction enclosure (Law and Bisby, 2020). In addition, the fire fighting should shaft with the fire fighting lifts. In fact, medium-rise buildings must have increased time for structural fire resistance depending on the fire suppression system in the building.

The shortage of housing across the UK prominently underlines the necessity for efficient as well as fast construction. The low-rise building design environs a sequence of semi-detachable 2-3 storey mini towers, which serve as infill blocks in any regular single-family community. Low-rise structures are progressively changing this into a pedestrian-friendly urban offering outdoor spaces enlivened by pathways and plantings (Zhao and Li, 2022). The buildings themselves make use of the environment with floor-level arbours as well as upper-storey balconies to provide the optimum level of comfort while consuming the least amount of energy. In the case of high-rise buildings, the overall number of floors entails occupants requiring the use of the lift for reaching their destination floor. In addition, the loftiness is beyond the touch of available firefighting tools. The altitude can have a serious influence on evacuation.

The Home Excellence Mark employs the 18 meters height criterion for defining high-rise constructions. This tallnessis acceptedthrough guideline by properly taking follow-ups from the publication of Independent Review to build standards as well as fire safety. In the year 2018, the Cabinet Working Group in Scotland revised the concept of a high-rise construction in regard to the fire-safety criteria. This is inclusive of the drop in terms of height from 18 meters to 11 meters. This recently omitted criterion for medium-rise buildings. After the fire at the block of a student accommodation which is just below 18 meters in Bolton in the year 2019, the UK government initiates a consultation in 2020 that included plans for decreasing the 18 meters height threshold to just 11 meters in case of high-rise buildings. There seems to have no such precise consensus about the constituents of high-rise buildings. This is having a cascading effect on the concepts of both low-rise as well as mid-rise constructions. Low-rise constructions are at the time indicated as those that are not tall enough for being classified as a high-rise that undermines the medium-rise arrangement (Fantilli, Mancinelli and Chiaia, 2019). This has been speculated by various industry experts that safety and fire regulations might upsurge the dominance of mid-rise constructions or short-scaled high-rise towers. A few of those buildings are considered ground scrapers as they are extended horizontally throughout a long distance and medium to low height.

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Evaluate Influence of Planning Systems and Building Regulation Agencies to Manage Development of Buildings and Land
In the UK, the planning system has been extensively outstanding in properly identifying and managing the essential developments that can appreciably be beneficial for the communities, the economy and the environment. According to Laiet al. (2020), the planning system is used for making choices regarding the future development and usage of the land, such as where development must take place and the way the development will prominently bring influence the environment. The system hits the balance amidopposing interests in order to confirm that land has been utilised as well as improved in such a manner, which convincingly provides high quality, sustainable locations while also meeting the demands of future communities. The UK Government is extensively dedicated in terms of arriving at certain decisions at the most basic level feasible, ensuring the fullest participation of the local populace (Bertram et al., 2019). However, certain development does never require a perfect planning application because legislation indicates this as the permitted development depending on being either an uncontroversial or minor development or a development that is linked with already existing usage of buildings or land. For ensuring clarity, most developmental projects necessitate other forms of consent in addition to planning permission such as meeting other legal necessities and building control consent.

Considering the land and buildings development in the UK, there has been high essentiality for bringing reformation in the planning systems as well as building regulations. The White Paper of the government proposes extensively radical reforms in the planning system. According to Carmichaelet al. (2019), categorising all lands across England in protected, renewal and growth regions is bringing strategic implications for the upcoming days of local communities as well as the national economy. This reform can ultimately lead to bringing in strategic perfections in housing outcomes by properly removing the most problematic elements in the present system. As stated by Fermet al. (2021), planning systems have convincingly made house owners in Greater South East richer by more than £80,000 rather than those people who are living elsewhere in Wales and England from 2013-18. The present planning system assured that huge portions of the already existing suburbs are providing no such new houses. More than one-fifth of the suburban neighbourhoods that are exterior to the city centres are having no new houses since 2011 wherein almost half of those suburban neighbourhoods are having less than one house each year. The shortage of housing is caused by institutional design in planning systems. This is the outcome of political preferences and planning reforms, which can end the housing crisis.

Conclusion
In the inferences, this is earnest to mention that building regulations are just a set of standards that has been designed for ensuring high standards, safety and health for housing. Simply said, Construction Regulations are a collection of criteria that ensures a residential structure is not only secure for living in, but also comfortable, power efficient, and contributes less to carbon emissions. The enforcement of innovation and the most effective technologies in terms of infrastructure is helping the UK construction industry to deliver high efficiency in building construction. This must be concluded by saying that regulations are extensively controlling the performance of the construction industry.

FAQ: Building Design Control and Safety Regulations

• How is building design controlled?
• Who enforces these regulations?
• What are some key safety regulations for buildings?
• What happens if regulations are not followed?
• How can I find out about specific building regulations?

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