Metodologías para el desarrollo de sistemas

Introduction

Official approval/clearance for building works and/or alterations to a building must be obtained not only from a landlord (if the property is leased) but also from local authorities under PLANNING and Building Regulations (BR) require-ments. In addition to such permissions, full specifications and quotations for the costs must also be obtained.

Application

Other than relatively minor works and works subject to a number of excep-tions in Schedule 2 of the Building Regulaexcep-tions 1991 (SI 1991 2768) amended by the Building (Amendment) Regulations 1994 (SI 1994 1850), work, whether erection of new, or alterations to existing buildings will usually require approval under BR. An application in respect of buildings being used for commercial purposes will also require clearance under the Fire Precautions legislation i.e.

the ‘Responsible Person’ (see FIRE PRECAUTIONS) will need to have carried out full and appropriate risk assessments etc. The authority of the BR them-selves, together with advice regarding their application which is listed in Approved Documents, emanates from the Building Act 1984. The BR (as amended from 2000) requires that where it is a ‘new build’ or making alter-ations to a building or materially altering its use, developers will need to:

• have means of early warning of fire to assist speedy escape

• use appropriate materials to reduce the spread of fire

• improve facilities to enable fire-fighters to save/protect life, and

• make suitable provision at the building for the easy access of fire appliances.

In addition, under the Construction (Design and Management) Regulations, for some works a safety supervisor must be appointed and a safety plan prepared and made available to all interested parties.

WARNING: Even the erection of a ‘demountable’ partition may, should it create

‘an office within an office’, infringe fire regulations. Thus advice regarding, and a full investigation of, the effect of even such minor works should be carried out.

Definitions

‘Building works’ for the purposes of BR are defined as:

• erection/extension or material alteration

• provision or material alteration of a controlled service (i.e. toilet, drainage, water, etc provisions)

• change of use and work in connection with a change of use

• underpinning and wall insulation work.

This is an outline only, the purpose of which is to demonstrate the widespread application of the regulations and the need to gain clearance of non-applica-tion or permission prior to any work taking place. Expert advice should be sought (see USEFUL CONTACTS) and reference should be made to the Regulations themselves.

Preparation

Obtaining approval under BR may be time-consuming particularly if the orig-inal suggestions are not agreed or it is indicated they will only be agreed subject to alterations. The compiling and submission of building plans for approval should be handled by an appropriately qualified person who, by virtue of expe-rience and local contacts, may be able to save time (and cost) by ensuring that proposals which will not meet approval are not put forward. Informal contact with the appropriate officials, either by a qualified surveyor or the like, or even the property occupier, may save time.

Administration

BR requirements are administered by local authorities, and to obtain clearance those wishing to carry out building works must deposit full plans of the works contemplated. It is prudent to ensure the timetable allows for the time that will be taken by the local authority considering the proposals. Whilst it may be possible to start some works in advance of clearance, there is a risk that any work which does not comply with the regulations or requirements may have to be rectified – or even removed.

Appeal

Should a local authority reject their plans, applicants have a right of appeal to the Department of the Environment and, in some cases, of further appeal to the Office of the Deputy Prime Minister (ODPM). Whilst this may have some attrac-tion, the delay before a decision is forthcoming should not be under-estimated.

Compliance

Should a person not submit plans required under BR, or should the regulations be contravened, fines of up to £5,000, plus a daily fine of £50 for the duration of the default can be imposed. The local authority can also require the person responsible to demolish any building erected without regulation approval and/or carry out alterations as required to make the building comply with the regu-lations. Should the owner not comply within 28 days the Authority has the right to enter the land, carry out the required works and recover its costs from the person responsible.

Documentation

No matter how small the works, a contract should be drawn up. Whilst for minor works this may seem unnecessary, the damage that could be done to a building (and the business being carried on from it) during building works can be immense. It is not unknown for millions of pounds of damage to be caused as a result of action (or inaction) during relatively minor building work (e.g. the fire at Windsor Castle). Agreeing a contract enables both parties to stipulate what is required as well as setting out the responsibilities of each during the works. This is particularly important when the works are to be carried out whilst the building is being used for its main purpose. Included in the contract should be:

• a detailed specification of the works (so that in the event of any dispute the parties can refer to it for determination)

• a detailed timetable and progress chart

• a time/cost analysis with details of any bonus payments for early completion (or penalties for late completion)

• the names and titles of those involved in the works with their authority levels (see below)

• details of the third party to be used in the event of any dispute between the parties.

Increasingly Alternative Dispute Resolution (ADR) is being used to determine disputes. Under this process both parties nominate a third party to determine their dispute agreeing to pay 50% of the costs involved – less expensive than using the legal profession.

Safety

Works

The safety both of those carrying out the works and of those working within the building during the works should be paramount. Under the Construction (Design and Management) Regulations 1994, for any building work which is to last longer than 30 days and involves more than four people, or is to boiler/

heating plant, or is to be carried on inside offices or shops without interrupting normal activities, a safety planning supervisor must be appointed and a suit-able health and safety plan must be compiled.

The plan itself must address various phases in the process:

• the tender period (health and safety requirements must be given to those tendering for the work)

• the design period (the designer needs to consider health and safety requirements in planning the design and to advise the client of these and their implications)

• the construction phase (when health and safety becomes the respon-sibility of a planning supervisor who is required to coordinate and manage health and safety matters in liaison with the principal contractor).

The safety plan must be compiled, complied with at all times and made avail-able to interested parties which can include members of the public.

WARNING: The foregoing is a brief outline only of the Construction (Design and Management) Regulations 1994. For greater coverage reference should be made to the Health and Safety Executive information sheets: Construction Sheets Nos. 38 – 44.

Premises

In many cases a contractor will be working on a client’s premises whilst at least part of those premises are in ordinary use. It is important that the safety matters related to the works themselves are brought to the attention of the contractor, the occupier and their employees, subcontractors and their employees and all

others affected. A copy of the health and safety policy and any other require-ments should form part of the contract documentation and a clause in the contract should make it clear that the client expects adherence to the policy at all times.

Other requirements:

• security rules to be observed

• disconnection of electricity (only to be made after at least a clear working day’s notice to avoid losing computer data etc)

• builders refraining from commenting (in any way, but particularly verbally or by whistling) on any member of the client’s staff – or on the public (if there are exterior works to the premises) – should also be made clear. Increasingly clients are also inserting a requirement that should they, for any reason, not wish a member of the contractor’s staff, or any subcontractor or their employee(s) to work on the contract then that person or organization must be removed by the contractor.

Control

Normally a contractor will assume responsibility for the area covered by the building works (i.e. the area delineated in the specification). Other than those working on the project, official visitors and the contractor’s staff, agents and suppliers, no-one else should be admitted to the site without the contractor’s permission – and adherence to safety rules etc. This rule may need to be relaxed where work is being carried on within a working environment conducting normal business. Shared access/use can be a problem, since in the event of any loss or accident it may be difficult to allocate responsibility. Since the contractor will normally be required to effect insurance to cover the works and potential liabilities, there is also a possibility of conflict between two or more insurers.

The problem may be alleviated by the client insisting that the contractor uses their own buildings/contents insurer.

Variation

Few building contracts run to their completion without at least one variation of the original specification. Whilst some of these may be the result of unfore-seen snags and be requested by the builder, most tend to emanate from the client. Accurate information – and contemporaneous confirmation to proceed – of all VARIATIONS is essential.

WARNING: If the works covered by such a variation order are substantial it may be necessary to reconsider the safety plan prepared previously for any revisions.

Completion

The building profession is notorious for poor and/or late finishing. For this reason all building contracts should stipulate:

• practical completion and handover is not to be made until snagging is completed,

• a [six month] defects liability period, and

• [2.5 – 10%] retention.

Before the works are handed over to the client it is usual for the latter (or his agent, for example, an architect) to tour the works listing all items that need finishing or remedial attention. Only when such works are rectified should prac-tical completion be certified and the works handed over.