Harper James advises businesses on construction matters under the laws of England and Wales, including the legal arrangements required before work begins on a development site. Effective planning starts with confirming that the proposed use, design and construction method are legally authorised.
The developer must establish whether planning permission is required and whether the proposal complies with the local planning authority’s conditions, section 106 obligations and any applicable Community Infrastructure Levy. Permitted development rights do not remove the need to check restrictions, conditions or prior approval requirements. The site’s title should also be reviewed for restrictive covenants, rights of way, easements, overage provisions and access rights. Separate consents are often required for work affecting highways, protected trees, listed buildings, conservation areas or neighbouring land.
The Construction (Design and Management) Regulations 2015 allocate duties to clients, designers, principal designers, contractors and principal contractors. The client must make suitable management arrangements, appoint competent duty holders where required, provide relevant pre-construction information and ensure that a health and safety plan and health and safety file are prepared. Site planning should also address asbestos, contamination, waste, noise, dust, water discharge, ecology and protected species. Environmental permits and surveys should be identified before the construction programme is fixed.
Building regulations approval is separate from planning permission. The project team must confirm the applicable technical requirements, appoint the relevant building control body and retain evidence of inspections and compliance. The building contract should define the scope, design responsibility, programme, payment process, variations, extensions of time, defects, insurance, warranties and dispute procedures. Common forms include JCT contracts, but the chosen form must match the procurement method and allocation of design and construction risk. Subcontracting arrangements should include suitable flow-down obligations and health and safety requirements.
Before mobilisation, the developer should confirm utility locations, service diversions, temporary works, site access and rights to use adjoining land. Party wall procedures under the Party Wall etc. Act 1996 apply to certain works affecting adjoining owners and must be managed separately from planning permission. The project records should include consents, drawings, surveys, notices, inspection reports, insurance certificates and changes to the design. A legal review at the planning and procurement stage establishes who bears each obligation and reduces disputes caused by unclear scope, late approvals or undocumented changes.