Ebook: Academy construction projects – know your legal duties

Academy construction projects – know your legal duties - a brief guide

In this first of a two part ebook, focusing on construction projects, we provide a guide on the steps you need to take, to comply with statutory requirements before embarking on any academy or MAT building project.

The regulations around planning, financial controls and Health & Safety on construction sites make things more complicated than they can first appear. And whether you are having maintenance or new building work carried out, you will have legal duties to fulfil.

Many academies and MATs, particularly those who only occasionally have building work done, are not experts in construction projects. It is wise to seek professional guidance about what is involved. It's about avoiding costly mistakes, as well as protecting your staff, pupils and parents – and your reputation.

This ebook explores:

• Planning consent and building control

Know your statutory duties, as set out in the Town and Country Planning Act 1990

• Landlord consent

Obtaining Landlord Consent and ensuring compliance with your Academy Order are crucial.

• Procurement

Procurement must comply with the Academies Financial Handbook – you need to be able to prove robust audit trails and sound procurement strategies, demonstrating that public funds have been used as intended by law.

• Asbestos

An Asbestos Refurbishment and Demolition Survey must be undertaken before any building project gets underway.

• CDM Regulations 2015

You must check the Construction (Design and Management) Regulations 2015 (CDM 2015) for your legal duties in appointing a Principal Designer and Principal Contractor to ensure Health & Safety on your site.

• Choosing contractors

Before choosing contractors you must verify they have the qualifications to meet all Health & Safety and legal requirements.

• Obtaining adequate design information

  It is your responsibility to obtain adequate design information.

• Appointing a contract administrator

You should appoint a Contract Administrator (CA) regulated by the RICS (Royal Institute of Chartered Surveyors). The CA will act on your behalf and thereafter become responsible for instructing the project's requirements as laid down within the contract.

As qualified chartered building surveyors specialising in education, we have proven project expertise and can advise on any aspect of your legal obligations when it comes to construction work.

We hope you find it useful and if you need any further support please do not hesitate to contact us on 0116 5070130 or email on enquire@s2e.org.uk.

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