Law and the built environment

Law and the Built Environment is a core textbook for all students undertaking compulsory law modules on construction, real estate and property management programmes. This single text provides an accessible introduction to the many areas of law studied by aspiring built environment professionals. Written by a team of lecturers with many years' teaching experience in these areas, key principles of English law are placed in their relevant professional context and clearly explained in exactly the right level of detail for success in the modules studied. The book also focuses in greater depth on some specialist areas of built environment professional practice, including construction contracts, health and safety, rent review, dilapidations, and lease renewals.

It provides an essential resource for students studying for qualifications leading to professional membership of the Royal Institution of Chartered Surveyors (RICS) or the Chartered Institute of Building (CIOB). It caters primarily for students studying these subjects at bachelor's degree level, but will also be suitable for students on programmes at HNC and HND levels, as well as those undertaking professional examinations. It will also provide introductory reading for students undertaking master's level programmes, and particularly for the increasing numbers of graduates from other disciplines who are now studying on RICS-accredited master's degree conversion programmes.

Author Notes

Douglas Wood BA, LLB, LLM, Solicitor, is senior lecturer in the Staffordshire Law School at Staffordshire University. After working in legal practice and the commercial property sector he became a full time lecturer in 1975. He is a member of the Chartered Institute of Arbitrators and regularly gives lectures at continental universities on planning and housing law.
Paul Chynoweth BSc, LLB, Solicitor, is senior lecturer in law in the School of the Built Environment, University of Salford. He is a solicitor, accredited commercial mediator and a member of the Chartered Institute of Arbitrators, and also holds a first class honours degree in building surveying. He is the author of The Party Wall Casebook and the editor of the International Journal of Law in the Built Environment.
Julie Adshead LLB, LLM is senior lecturer in the Salford Law School at the University of Salford. She currently leads CIB Task Group TG69 on Green Buildings and the Law and is a convenor of the UK Environmental Law Association, Water Working Party. She is also the joint programme leader for the Construction Law and Practice master's programme at Salford.
Jim Mason LLB, Solicitor, is senior lecturer in the School of the Built and Natural Environment at the University of the West of England. He is a solicitor and an accredited commercial mediator. He is programme leader for the Quantity Surveying and Commercial Management programme and has recently established a Masters programme in Law for Construction Professionals in conjunction with Pinsent Masons solicitors.

Preface	p. ix
Table of Cases	p. xi
Table of Statutes	p. xxvii
Table of Statutory Instruments	p. xxxi
1 The Administration of Law	p. 1
1.1 The nature of law	p. 1
1.2 Divisions of law	p. 1
1.3 Evidence in civil and criminal cases	p. 3
1.4 The common law	p. 4
1.5 Equity	p. 5
1.6 The sources of law	p. 6
1.7 European Community law	p. 17
1.8 The court system in England and Wales	p. 22
1.9 The Technology and Construction Court (TCC)	p. 28
1.10 The Judicial Committee of the Privy Council	p. 28
1.11 The European Court of Human Rights	p. 29
1.12 Tribunals	p. 29
1.13 Arbitration	p. 30
1.14 Personnel of the law	p. 33
1.15 Judicial officers	p. 36
1.16 Juries	p. 39
1.17 Court procedure	p. 39
1.18 Procedure in civil actions	p. 40
1.19 The Human Rights Act (HRA)	p. 47
2 The Law of Contract	p. 53
2.1 General principles	p. 53
2.2 Formalities	p. 53
2.3 Standard form contracts	p. 55
2.4 The essential elements of a valid contract	p. 55
2.5 Terms of a contract	p. 68
2.6 Vitiating factors	p. 73
2.7 Privity of contract	p. 77
2.8 Exemption clauses	p. 78
2.9 Discharge of a contract	p. 81
2.10 Damages	p. 86
2.11 Limitation of actions	p. 90
2.12 Equitable remedies	p. 91
2.13 Agency	p. 92
2.14 Business organisations	p. 97
2.15 Forms of contract in the construction industry	p. 102
3 The Law of Tort	p. 111
3.1 The nature of tort	p. 111
3.2 Liability in tort	p. 112
3.3 General defences in tort	p. 113
3.4 Tort and human rights	p. 114
3.5 Vicarious liability	p. 115
3.6 Negligence	p. 117
3.7 Nuisance	p. 140
3.8 Trespass	p. 156
3.9 Defamation	p. 162
3.10 Breach of statutory duty	p. 166
3.11 Employers liability	p. 167
3.12 Product liability	p. 168
3.13 Remedies and limitation periods	p. 170
4 Land Law	p. 173
4.1 The two types of property	p. 173
4.2 What is land?	p. 174
4.3 Ownership of land	p. 177
4.4 Proving ownership of land	p. 181
4.5 Acquiring ownership by adverse possession	p. 186
4.6 Third party rights in land	p. 193
4.7 Easements	p. 196
4.8 Mortgages	p. 206
4.9 Restrictive covenants	p. 211
4.10 The enforceability of third party rights	p. 216
4.11 Commonhold	p. 220
5 The Law of Landlord and Tenant	p. 222
5.1 The leasehold estate	p. 222
5.2 Types of leases	p. 222
5.3 Essential elements of a valid lease	p. 223
5.4 Formalities for the creation of leases	p. 226
5.5 Termination of leases at common law	p. 227
5.6 Covenants in leases	p. 229
5.7 Rent	p. 233
5.8 Rent review	p. 234
5.9 Repairing covenants	p. 239
5.10 User covenants	p. 244
5.11 Covenants against alterations	p. 245
5.12 Assignment and sub-letting	p. 246
5.13 Enforceability of covenants in leases	p. 249
5.14 Remedies for breach of covenant	p. 249
5.15 The statutory codes	p. 254
5.16 Private sector residential tenancies	p. 254
5.17 Business tenancies	p. 259
6 Public Law and Regulation	p. 266
6.1 Introduction	p. 266
6.2 Judicial review	p. 266
6.3 Building regulations	p. 274
6.4 Planning law	p. 278
6.5 Environmental impact assessment	p. 283
6.6 Water pollution	p. 285
6.7 Contaminated land	p. 286
6.8 Waste management law	p. 288
6.9 Emissions from buildings	p. 292
6.10 Health and safety at work	p. 294
Index	p. 305

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Author Notes

Table of Contents