Statutory obligations

What are they?
Legally required – by Act of Parliament

Planning Permission

CCS produce the necessary plan and elevation drawings related and obtain the necessary Planning Permission. In the event of the proposal including the external siting of plant and equipment, then we will provide the environmental authority with information regarding sound, vibration and emissions.

Building Regulations

CCS produce the drawings and information required to obtain Building Regulation Approval. Included in this exercise is that of gaining acceptance from the Fire Authority – leading to the eventual issue of a Fire Certificate. The receipt of Building Regulation Approval leads to the requirement to liaise with Building Control regarding progress and the issue of a certificate of completion.

CDM (Construction) Design & Management Regulations 1994

Required for:
Excluding domestic works and those being carried out by a local authority, any construction works containing any element of demolition, anticipated to take longer than 500 person days or 30 days and/or require 5 or more workers on site at any one time. These regulations, now statutory law, are perhaps the most important the client needs to consider from the outset of a project.

The HSE actively pursue personal prosecution of people involved in breaches of these regulations, the employer being the first in line. Corporate protection thus becomes non-existent and delegation of authority is not accepted.

CCS?
The first duty of CCS is to advise the client that a Planning Supervisor needs to be appointed to manage these regulations – which include the design stage. The client needs to be able to demonstrate that the person or company appointed to be Planning Supervisor is competent to carry out that responsibility. The CCS employee appointed would be able to satisfy that requirement, having achieved the Royal Society of Health’s Diploma in Construction Health & Safety Management.

These regulations are far from popular, with either client or contractors, because of the additional overhead burden they impose. However, their aim is to improve safety within the construction industry – which is considered the worst managed, and produces the most injuries and deaths. Our experience and statistical evidence suggests that, when properly managed, they improve on-site performance and reduce the incidence of accidents.

A few years ago the HSE were using the receipts of prosecutions to fund their expansion to more effectively police these regulations. Whether that is still the case we do not know, however it illustrates the importance with which these regulations are considered.

We ensure that our clients and the contractors are fully aware of the possible consequences and offer assistance in the preparation of the necessary Method Statements and Risk Assessments required from each contractor.

We confirm to each client at the design stage of a project that we have taken on the role of Planning Supervisor and provide validation of competence.

Non-Statutory Obligations

What are they?
Requirements related to legal agreements between parties, or requirements by commercial bodies who are in a position to enforce them. Usually Lease or Tenancy agreements, involving the following:

Licence to Alter
Where the client does not own the premises in which alteration works are proposed, it is often necessary for the tenant to seek permission for the works to be carried out. This permission is usually provided in the form of a Licence to Alter.

CCS?
The landlord will demand that copies of all necessary statutory permissions are obtained and full details in the form of drawings and specifications are provided, for inclusion with the Licence.

CCS deal with all aspects related to the obtaining of this permission, including structural calculations, but with the exception of the legalities, dealt with by each party’s solicitors.

Dilapidations
A vacating client may have the responsibility of returning the premises to the condition it was in when he took occupancy of it. Alternatively, he may find that the premises he intends moving into requires remedial works carrying out to it before he is willing to agree to occupancy.

CCS are able to arrange for the works necessary, to be agreed between the parties in specification and cost terms and be carried out.

Insurer's Requirements
See Insurance Conformity.