Development Checklist No11 - Practical Building and Construction Pointers (Update No 2 - 21 October 2011)

This post makes a modest start on what is likely to be a long list of Checks required of the participants in many types of building and construction jobs.
As yet no comprehensive attempt has been made to categorise them or go into detail - they appear in alphabetical order but this may be altered shortly.  The intention is to offer a series of pointers to investigation or action. Some cross references are given to other Checklists where more detail is given.

Access to Adoining Land: Check for any need to have access to one or more neighbours' adjoining land for maintemance, building or construction purposes - the following may be noted:

• rights of access under some existing Deed or Agreement may be available;
• for maintenance, the provisions of the Access to Neighbouring Land Act 1996 may apply; and,
• it may be possible to negotiate for access to enable.

Archaeological

• Human Remains (see below)
• Remains:
• Survey:

Asbestos:

• Check 1  (in respect of an existing commercial, etc building or structure), for an asbestos management plan drawn up by the owner / occupier.
• Check 2 that the plan has been maintained or updated.
• Check 3 ensure employees and managers are aware of the plan and have protective clothing etc;
• Check 4 Site waste management plan (SWMP) cover asbestos waste carying and disposal otherwise ensure compliance with statutory and other official requirements

Building controls:   Check standards, procedures and practice under the Building Act, building regulations, approved documents, etc.

Cables, pipes and other utilities: The site owner may need to supply a plan showing the location of electricity cables and any overground support installations, gas pipes, telephone cables and other like service or utility apparatus. Where appropriate such infrastructure should be

• indicated as switched off, "live" or "dead"; and,
• appropriately protected and made safe.

Commencement: Check where certain kinds of building, construction, demolition and other operations trigger the commencement of "development" - for which prior planning permission and possibly other consents etc are required.

• See Checklists No 10 and 8 for CIL

Completion: Check for "completion" of the construction. Formal completion will trigger the following:

• local taxation - council tax and / or business rates (see Checklist No 6 Local Taxation) ;
• commissioning and hence occupation of the building, etc.

Demolition: Check prior to entering into any demolition contract whether:

• for issues like a) listed building, b) conservation area, c) etc;
• prior planning permission is needed before commencement;
• a cables etc plan has been prepared;
• an asbestos management plan is to hand;
• a site waste management plan (SWMP) is needed.

Disability discrimination:  

Drains and sewers: Check the procedure for notification of any intended building over sewers or drains. 

Environmental impact: Check whether the projects will require an environmental impact statement.

Fire certification: 

Human remains: The discovery  of human on a site will require notifications to the police, coroner and, possibly, the local archaeological service.

Light: Check at the design stage of the project that any neighbour's right to light is not breached.

Natural rights:

Party walls: Building on or near a wall to adjoining property may require compliance with the Party Wall Act 2004.

Possession of land and buildings:  Where a property is occupied developer-landlords will need to obtain possession of the property from tenants / lessees. The approaches are:

• Statutory possession  In many if not most instances compliance with relevant statutory requirements for achieving vacant possession must be followed.
• Agreement:  Where a statutory approach is not available or is likely to be abortive, it may be possible to agree financial terms to buy out the tenant or lessee.

Radon: The naturally occuring but dangerous gas, radon, may seep into basements or other enclosed rooms, precautions should be taken to seal, or build in ventilation to new projects. 

Restrictive Covenants: May impact on scope of, or prevent development unless removed or modified

Servitudes etc: Check (preferably prior to contracting to buy land and buildings) that neighbours do not hold rights which might affected, cause delay or cause the project to be aborted at a later stage. Pointers include:

• Easements:
• Natural rights:
• Restrictive covenants:

Sewers:  see Drains and sewers:

Treasure: 

• Check 1 The local office is notified of any finds during site works of "treasure" (as defined in the Treasure Act 1996).

Waste:

• Check 1  Where required ensure site waste management plan (SWMP) is in place: otherwise plan to minimise on-site waste.
• Check 2  Ensure that waste carriers are licensed.
• Check 3 Ensure compliance with asbestos and other hazardous waste regulations.