Construction law update – June 2020


11th June 2020

COVID-19 is posing a significant challenge to many businesses in the UK including the construction industry. We have collated recent insights from our construction law experts to help you at this difficult time.

Building Safety Fund registration prospectus key points

Following the announcement of the Building Safety Fund in March 2020, the Government has now published the Building Safety Fund registration prospectus. Our construction law experts take a look at the prospectus and what this means for building owners and those managing buildings.

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COVID-19: The difference in the planning process in England and Wales

Whilst the whole of the UK is feeling the effects of the spread of COVID-19 and the need for social distancing, it is interesting to reflect on the approaches that are being implemented in England and Wales in order to lessen the impact on the planning system.

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Planning applications during COVID-19: Avoid constitutional pitfalls

Local authorities are looking at ways to avoid delaying planning applications during the COVID-19 pandemic. To remove the need for planning committee approval, some local authorities have sought to amend their schemes of delegation to enable a greater range of planning application decisions to be taken by council officers.

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COVID-19: Will recent flexibility in the planning system lead to the extension of planning permissions?

In recent weeks we have seen various statutes seeking to enable all stake-holders to exist in a ‘remote’ planning world, be it via watching a live webinar of your local committee meeting or submitting documentation online.

Yet not all aspects of planning can be accomplished remotely and in a deadline-heavy industry this will prove particularly challenging. Pre-commencement conditions may remain to be discharged and even then, with sites locked down, it may be that physically achieving a lawful start is impossible in order to ‘save’ a permission from lapsing.

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England follows Wales: Permitted development for the provision of emergency facilities in the fight against COVID-19

Ten days after the Welsh Government introduced permitted development changes to establish emergency facilities quickly, England has followed suit.

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The Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 – NEC contract considerations

The Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 have been amended with effect from 7 April 2020 to introduce general restrictions on places of work, which were not previously covered.

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COVID-19 Business Fact Sheet

With the current COVID-19 outbreak having a significant impact on businesses and economies worldwide, the UK Government has announced various measures aimed at mitigating the financial impact of the crisis on UK businesses.

This is a very fast-moving situation and new measures are announced regularly as the government attempts to address the key issues facing British society. We are monitoring government sources and will update our advice as promptly as possible in response to new information.

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If you have any queries or need advice about anything you read here please get in touch with our construction law experts.

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