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Complete textbook on construction, real estate, and property management law with extensive coverage of specialist areas of the built environment
Law and the Built Environment is a core textbook for all students undertaking compulsory law modules in construction, real estate, and property management programs of study. Key principles of English law are placed in their relevant professional context and clearly explained. The book also covers specialist areas of built environment professional practice such as health and safety, rent review, dilapidations, and lease renewals.
This Second Edition has been revised and updated by practicing lawyers and lecturers with many years of teaching experience in their areas of expertise. The text has been substantially rewritten to bring all chapters up to date. New chapters cover civil procedures for anti-social behavior, construction law practice, and alternative dispute resolution. Other chapters with significant updates include those pertaining to construction payment, negligence and nuisance, ownership and co-ownership of land, third party rights in land, removal of tenants' fixtures as a landlord, and water pollution and contaminated land in the public domain.
Law and the Built Environment provides in-depth information on:
Law of contract, covering representations, terms, agreements, considerations, illegality, and contract conclusions
Public law, covering substantive and procedural grounds, time limits, prerogative remedies, injunction, and building control process and body
Dispute resolutions, covering causes of disputes, pre-action protocols, costs, enforcement and appeals, and pros and cons of litigation
Law of torts, covering occupier liability, lawful visitors, trespassers, defamation, and the Latent Damage Act of 1986
Law and the Built Environment is an excellent resource on the subject that caters primarily to students studying built environment subjects at the bachelor's level. It is also highly suitable for students at the HNC and HND levels, those undertaking professional examinations, and as introductory reading for master's students.
Contents
Contents
Chapter 1: The Administration of Law.. 3
The Nature of Law.. 3
Why regulate the built environment?. 3
Divisions of Law.. 4
Criminal Law.. 4
Civil Law.. 4
Overlaps in Criminal and Civil Law.. 4
Evidence. 5
The Common Law.. 6
Equity. 6
Equity follows the law.. 7
Those who seek equity must do equity. 7
Those who come to equity must come with clean hands. 8
Delay defeats equity. 8
Sources of Law.. 8
Custom.. 9
Time Immemorial 9
Continuity. 10
Peaceable Enjoyment 10
Reasonableness and Certainty. 10
Case Law.. 11
Law Reporting. 11
The History. 11
Modern Law Reporting. 12
Judicial Precedent 13
Court Hierarchy. 14
Interpretation of Judicial Precedent 15
Advantages and Disadvantages: 15
Legislation. 16
The Making of a Statute. 17
Types of Legislation. 17
Statutory Interpretation: 20
Law Reform and the Law Commission. 22
European Union Law.. 23
The Court System in England and Wales. 24
History. 24
The Criminal Court Structure. 25
Magistrates' Courts. 25
The Crown Court 26
The Civil Courts. 26
Magistrates' Courts. 26
County Courts. 27
The High Court of Justice. 27
The Court of Appeal 30
The Supreme Court 30
The Technology and Construction Court (TCC) 31
The Judicial Committee of the Privy Council 32
The European Court of Human Rights (ECHR), the Human Rights Act and the UK Courts. 33
Tribunals. 34
Alternative Dispute Resolution (ADR) 36
Negotiation. 37
Mediation. 37
Arbitration. 38
Legal Professionals. 39
Solicitors: 39
Barristers. 40
CILEX Practitioner/Chartered Legal Executive/Chartered Lawyer. 42
Licenced Conveyancers (CLC Lawyers) 43
Court Procedure. 44
Procedure for civil cases. 44
The Civil Procedure Rules (CPR) 45
Civil proceedings: A brief overview.. 48
Pre-action. 48
Commencing proceedings. 48
Case management 49
Expert Witnesses. 51
Offers to Settle. 51
Costs. 53
Enforcing Judgment 53
UK Government Online Platforms. 55
Role of National and Local Government 55
Chapter 2 - Law of Contract. 57
Introduction. 57
Forms of contract 58
Simple contract 58
Deed. 58
Contract which must be made in writing or evidenced in writing. 59
Standard form contract (SFC) 59
Smart legal contracts (SLCs) 59
Contract construction. 60
Making a valid contract 60
Agreement: 61
Consideration. 73
Intention to create legal relations. 79
Representations and terms of a contract 81
Representations. 81
Terms. 82
Vitiating factors. 88
Capacity of the parties. 89
Mistake. 89
Misrepresentation. 91
Duress, undue influence and inequality of bargaining power 92
Illegality. 92
Privity of contract 92
Exemption and limitation clauses. 93
Common law.. 93
Statute. 94
Contract conclusion. 97
Discharge of a contract 97
Performance. 97
Agreement 99
Frustration. 100
Breach of an appropriate term of the contract 104
Remedies. 104
Damages. 104
Liquidated and unliquidated damages. 105
Limitation of actions. 109c
Equitable remedies. 110
Agency. 112
Creation. 112
Express authority. 112
Implied authority. 112
Necessity. 113
Ratification. 113
Estoppel 113
The scope of an agent's authority. 114
The agency relationship. 115
Duties of an agent 115
Duties of the principal 116
Principle, agent and AI 117
Termination of agency. 118
Construction industry contracts. 119
JCT Standard forms of contract, 2024. 120
Construction management contract: 120
Design and build contract: 121
Major project construction contract: 121
Measured term contract: 121
Standard building contract: 121
Institute of Civil Engineers (ICE) Infrastructure Conditions of Contract (ICC) 121
Other forms of main contract 121
FIDIC International Conditions. 121
GC/Works/1. 122
Sub-contracts. 122
Management contracts. 122
NHBC schemes. 122
NEC 3 Engineering and Construction Contract 123
'Construction Act' - Housing Grants, Construction and Regeneration Act 1996 (HGCRA) 124
Background. 124
Definitions and scope. 124
Adjudication. 125
Payment mechanism.. 126
Chapter 3 - Construction Law.. 127
Abstract 127
What is construction law?. 127
Key parties to/in construction contracts. 128
Types of contracting structures. 129
Standard form contracts. 132
Formation of construction contracts. 133
Tendering considerations. 134
Use of letters of intent 134
Workmanship and materials. 138
Implied terms re workmanship. 138
Duty to warn of danger in carrying out the work. 139
Implied terms re materials. 141
Design liability. 144
Standard of design liability - fitness for purpose. 146
Duration of design liability. 147
Compliance with Building Regulations. 148
Compliance with statutory requirements. 148
Dealing with defective work. 148
Payment 152
Housing Grants Construction and Regeneration Act 1996. 152
Common law rights to deduct from certified sums. 156
5.3 Retention clauses and performance bonds. 158
Liquidated ascertained damages (LADs) 159
Prevention principle and extension of time. 160
Managing delay to preserve LADs. 162
Liquidated damages clause or penalty clause?. 163
Variations of the contract 166
Restriction to large scale changes. 167
Valuing changes to the works. 168
Protecting third parties. 169
Contract (Rights of Third Parties) Act 1999. 170
Collateral Warranties. 170
Schedules of third party rights. 171
Statutes protecting occupiers of dwellings. 171
Insurance. 173
Indemnity undertakings and public liability insurance. 174
Material damage insurance. 175
Professional indemnity insurance. 176
Chapter 4 - Law of Torts. 176
Introduction. 176
Introducing torts: 178
Negligence: 178
Vicarious liability: 178
Nuisance: 178
Trespass: 179
Defamation: 179
Negligence. 179
Duty of care owed. 180
Donoghue v Stevenson. 180
Dutton v Bognor Regis Urban District Council andAnns v Merton London Borough Council 180
Caparo Industries plc v Dickman. 181
Murphy v Brentwood District Council 183
Duty of care breached. 187
The objective test: Skills and age. 189
The objective test: Professionals. 189
Causal link (causation) 191
Factual causation. 192
Legal causation. 193
Proof in negligence cases. 196
S11 Civil Evidence Act 1968. 196
Res Ipsa Loquitur 196
Psychiatric injury. 197
Negligent advice. 198
The pre-requisites of liability. 199
Occupiers liability. 201
Lawful visitors. 201
Trespassers. 205
The Defective Premises Act 1972 and the Building Safety Act 2022. 208
Limitation of actions in negligence. 209
The Latent Damage Act 1986. 210
Defences to negligence. 211
'Volenti non fit injuria' (Consent) 211
Contributory negligence. 211
Vicarious liability. 212
Employees and independent contractors. 212
Liability for independent contractors. 213
Course of employment 214
Nuisance. 214
Private nuisance. 215
Core principles of private nuisance. 216
Fearn and others v Board of Trustees of the Tate Gallery [2024] AC 1. 219
Remedies. 220
Defences. 221
Public nuisance. 222
Pre Police, Crime, Sentencing and Courts Act 2022. 224
Post Police, Crime, Sentencing and Courts Act 2022. 225
Proving special damage. 226
Remedies. 227
Statutory nuisance. 228
How the system works. 228
To constitute a statutory nuisance, it must do one of the following: 228
Injure health or be a nuisance. 229
Abatement 229
Penalties for non-compliance: 229
Rylands v Fletcher [1861-73] All ER Rep 1. 230
Essentials of the tort 231
Defences. 234
Trespass. 235
Trespass to land. 236
Examples of trespass to land. 236
The extent of the tort 237
Remedies. 239
Defences. 240
Trespass to goods. 241
Trespass to the person. 242
Defamation. 243
Distinguishing libel and slander. 244
Establishing a claim.. 245
Defamatory statement 245
Statement must refer to the claimant 246
Publication to a third party. 247
Serious harm.. 247
Remedies. 248
Damages. 248
Injunction. 248
An apology. 248
Removal of the statement 248
Defences. 249
Truth. 249
Absolute privilege. 249
Qualified privilege. 249
Honest opinion. 250
Public interest 250
Responsibility for publication. 251
Offer to make amends. 252
Breach of statutory duty. 252
The requirements. 252
Employers liability. 254
The obligations. 254
Safe place of work: 254
Safe system of work: 255
Competent staff: 255
Safe plant, materials and equipment: 255
Defences. 255
Volenti 255
Contributory negligence. 256
Product liability. 256
Consumer Protection Act 1987. 256
Consumer Rights Act 2015. 257
Remedies. 258
Judicial remedies. 258
Damages. 258
Injunction. 260
Specific restitution of property. 261
Extrajudicial remedies. 261
Chapter 5 - Land law.. 261
Introduction. 261
Defining land. 262
Dissecting the definition. 264
The extent of land. 264
That growing on the land. 264
Attachment to the land. 265
Owning land. 268
Freehold ownership. 269
The leasehold estate. 269
Criticisms of leasehold ownership. 270
Co-ownership of land. 271
Joint tenants. 271
The four unities. 272
The right of survivorship. 272
Tenants in common. 272
Identifying the type of co-ownership. 273
Converting a joint tenancy to a tenancy in common. 273
Evidencing ownership of land. 274
The nature and role of deeds. 274
Unregistered land. 275
The land registration system.. 277
Principles of registration. 277
Why register land?. 278
The form of the register 279
Subsequent dealings. 280
Adverse possession. 280
The nature of adverse possession. 280
Adverse possession of unregistered land. 281
Action for possession. 282
Adverse possession of registered land. 283
Requirements for adverse possession. 285
Factual possession. 285
Adverse to the rights of the paper owner 287
The intention to possess. 287
Adverse possession and human rights. 288
Third party rights in land. 290
Legal interests. 290
Equitable interests. 291
Trusts. 291
Contractual rights in land. 292
Estate contract 293
Equitable easement 293
Equitable mortgage. 293
Restrictive covenants - see xxx. 293
Easements. 293
The nature of easements. 293
Essential characteristics of an easement 295
Acquisition of easements. 299
Extinguishment of easements. 303
Easements distinguished from certain other rights. 305
Mortgages. 307
The nature of mortgages. 307
Borrower's rights. 307
Lender's rights. 311
Further mortgages. 313
Restrictive covenants. 314
The nature of covenants. 314
Enforceability of covenants. 315
The enforceability of third party rights. 320
Unregistered land. 321
Registered land. 322
Easements created by implication or by prescription. 323
Other interests. 324
Commonhold. 324
Chapter 6 The Law of Landlord and Tenant. 327
The leasehold estate. 327
Types of leases. 327
Essential elements of a valid lease. 328
Formalities for the creation of leases. 330
The creation of legal leases. 330
Failure to comply with creation formalities. 331
Termination of leases. 332
Notice to quit 332
Passing of time. 332
Break clause. 332
Surrender 332
Forfeiture. 333
Merger 333
Removal of tenants' fixtures. 333
Covenants in leases. 333
Express covenants. 333
Implied covenants. 333
The usual covenants. 337
Rent 338
Repairing covenants. 341
Nature of repairing covenants. 341
Awaabs Law.. 342
User covenants. 342
Nature of user covenants. 342
Restriction on charging for consent 343
Covenants against alterations. 343
Nature of covenants against alterations. 343
Unreasonable withholding of consent 344
Assignment and sub-letting. 344
Nature of assignment and sub-letting. 345
Unlawful discrimination. 345
Restriction on charging for consent 345
Unreasonable withholding of consent for assignment and subletting. 346
Enforceability of covenants in leases. 348
Leases granted before 1 January 1996. 348
Leases granted on or after 1 January 1996. 349
Remedies for breach of covenant 349
Landlord's remedies for non-payment of rent 349
Tenant's remedies. 353
The statutory codes. 353
Private sector residential tenancies. 354
Leasehold enfranchisement and extension. 357
Existing law: 357
Proposed law: 358
Business tenancies. 358
Tenancies to which the 1954 Act applies: 358
Security of tenure. 359
Reform.. 361
Chapter 7 - Public law.. 362
Introduction. 362
Judicial review.. 362
Grounds for judicial review.. 364
Substantive grounds: 364
Procedural grounds. 367
Procedure for judicial review.. 371
Time limits. 371
Permission. 371
Remedies. 374
Prerogative remedies: 374
Declaration. 374
Injunction. 375
Damages. 375
Building regulations. 375
Content of regulations. 375
Building control process. 376
Building control body. 377
Competent person schemes. 378
The planning system.. 379
When is permission needed?. 379
Development 379
Application for planning permission. 381
Local authority development plans. 382
Material considerations. 382
Planning conditions. 382
Planning obligations and contributions. 382
Appeals. 383
Enforcement 384
Human rights and the planning system.. 385
Planning and the environment 386
Environmental impact assessment 386
Water pollution. 387
Contaminated land. 389
Defining contaminated land. 389
Identifying contaminated land. 390
Notification and consultation. 391
Remediation. 391
Waste management law.. 392
Defining waste. 392
Managing waste. 393
Duty of care. 393
Fly-tipping. 394
S33 Environmental Protection Act 1990. 394
Site waste management 395
Emissions from buildings. 396
Construction and emissions. 396
Existing homes and emissions. 397
Health and safety at work. 398
The HSWA 1974. 399
Duties. 399
Inspectors. 399
The 1992 'six-pack' regulations. 400
Management of Health and Safety at Work Regulations 1999 (as amended) 400
Workplace (Health, Safety and Welfare) Regulations 1992 (as amended) 401
Construction (Design and Management) Regulations 2015. 401
Client duties. 402
Health and safety duty roles. 402
Duties of others within a project 402
General requirements for all construction sites. 402
The Control of Substances Hazardous to Health (COSHH) Regulations 2002 (as amended) 403
The Control of Asbestos at Work Regulations 2012. 403
The Work at Height Regulations 2005 (as amended) 404
Chapter 8 - Dispute Resolution. 405
Abstract 405
Causes of disputes. 406
Litigation. 407
The Civil Procedure Rules. 407
Pre-Action Protocols. 408
Issuing Proceedings. 409
Case Management conference. 410
Part 36 and Settlement 410
Costs. 411
Enforcement and Appeals. 411
Shorter Trials Scheme (STS) 412
Pros and cons of litigation. 412
Alternative dispute resolution. 412
Arbitration. 413
The Arbitration Act 1996. 413
The Arbitration Act 2025. 414
Choosing an arbitrator 414
Procedure. 415
Enforcement and costs. 415
Pros and cons of arbitration. 416
Adjudication. 416
History behind statutory adjudication. 417
The Scheme for Construction Contracts. 417
Enforcement and perceived issues. 417
Smash and grab adjudications. 419
Can adjudication awards by appealed?. 420
Costs. 421
Pros and cons of adjudication. 421
Informal alternative dispute resolution. 421
Negotiation. 422
Mediation. 422
Conciliation. 422
Dispute boards. 423
Early neutral evaluation. 423
Pros and cons of informal methods. 424
