A brief chronology of Health and safety legislation in the construction industry

1750 – 1850 The Industrial Revolution – from the field to the factory

1802    An Act for the preservation of the health and morals of apprentices and other employed in cotton and other mills and factories

1802-1878       Piecemeal legislation attempting to protect women and children

1878    Factory and Workshop act – consolidating legislation with framework

1878 – 1937    Numerous Factories acts

1937    Factories Act – Comprehensive code for health, safety and welfare

1948/1959       Factories Act – amendment

1957    Occupiers Liability Act – Civil liability

1961    Factories Act Consolidated (remains still but mostly redundant)

1961    Construction Regulations

1961    General provisions regulations

1961    Lifting operations

1966    Work Place regulations

1963    Offices, Shops and Railway Premises Act (remains still but mostly redundant)

1966    Health and Welfare Regulations

1971    Fire Precautions Act – Existing and new buildings (Designated)

1972    European Communities Act - European Union Directives given effect via Regulations

 1974    Health and Safety at work Act – Consolidating legislation – Criminal liability – Enabling Act – H&S Executive, H&S Commission, ACOPS, H&S Executive – advised by Construction Industry Advisory Committee, Inspectors – Local Councils via 1998 enforcing authority regulations

1974 – date – Regulations introduced under the Health and Safety at Work Act

1974    Approved codes of Practice – not mandatory but legally significant

1977    Fire Precautions Act – Existing and new buildings (Designations increased)

1984    Building Act – health and Safety, Conservation of Fuel and Power, water

1984    Occupiers Liability Act – Civil liability to trespassers

1987    Control of Asbestos at work regulations

1989    EU Directive 89/391/EEC – Framework Directive (based on Article 138 of the treaty of Rome)

1969    Noise at work regulations

1989    Electricity at work regulations

1989    Head protection regulations

 1992    Workplace (health safety and welfare) Regulations

1992    Manual Handling Operations Regulations

1992    Display Screen Regulations

1993    Management of health and safety at work regulations

1994 – Construction Design and Management Regulations – Control framework from inception beyond completion via design, planning and construction, identify Personnel via their functional task.  Client required to appoint competent people (provide the necessary resources – budget and feasibility considerations

1995    Reporting of Injuries, Diseases and Dangerous Occurrences Regulations

1996    Construction (Health, Safety and Welfare) Regulations

1996    Consultation with employees regulations

1997    Confined space Regulations

1998    Provision and use of work equipment regulations

1998    Lifting Operations and Lifting equipment regulations

1998    Enforcing Authority Regulations

1998    Control of Lead at Work regulations

1999    Management of Health and Safety at Work Regulations – Management of the workplace

1992    Workplace (Health, Safety and Welfare) Regulations – Design and management of the workplace

1994    Construction Design and Management Regulations

1996    Construction (Health, Safety and Welfare ) Regulations – Management of Construction Sites

1999    Control of Substances hazardous to health

1999    Management of health and safety at work regulations – amended 1993

2000    Building Regulations – (not parts L and M and some of H and J)

2002    Personal Protective Equipment Regulations

2007    Construction Design and Management Regulations

2007    Construction Design and Management Regulations – Domestic Client

A brief chronology of the history of Party Wall Legislation and some interesting Case Law:

1212 – Thatched roofs banned after a major fire

1666 – Great Fire of London

1667 – London Building Act – introduction of Surveyors

1707 – 1709 London Building Acts

London Building Acts – modelled throughout country

1844 – Metropolitan Building Act

1854 – Common Law Procedures – the three surveyor tribunal

1855 – Metropolitan Building Act – definition and rights of owners

1858 – Public Health Act

1858 – Local Government Act - Deposit of Plans and Drawings

1863 – Cowen v Phillips – Adjoining Owner once contracted to purchase

1870 – Thompson v Hill – definition of adjoining owner

1873 – Weston v Arnold – Ousting is not on

1873 – Watson v Arnold – the type B party wall

1875 – Public Health act – DPCs, the structure of buildings, ensuring stability and prevention of fires, the drainage and provision of air space around buildings, to ensure health considerations Model By Laws consolidate Building Control

1878 – Bank of S America v Stokes – Suspension of common law rights

1879 – Knight v Pursell - Rights

1880 – Watson v Gray – The four definitions of the party wall

1883 – Hughes v Percival – Reciprocal duties – duty of care, duty to avoid nuisance, duty to minimise impact, a supervised workforce, expeditious undertaking,

1890 – Williams v Ball – the type a Party Wall

1894 – London Building Act

1905 – Model Bye Laws extended by parliament

1907 – Bennett v Harrods – The Party Wall Award and its construction

1908 – Jones v Pritchard – use of flue passing through AOs property

1915 – Hobbs etc v Grover – sufficiency of party wall notices

1917 – Selby v Whitebread – the party wall surveyors are charged with facilitating the building owner’s rights and safeguarding the interests of the building owner via Award and Schedule of Condtions

1917 – Selby v Whitebread – addendum awards

1925 – Law of Property Act – severed party walls vertically, fabric and construction rights

1925 – Public Health Act

1936 – Public Health Act – British Standards as compliance indicator, Singe Model – voluntary (adoptive) not mandatory

1930 – London Building Act Contains the first party wall act

1939 – London Building Act – contains the amended party wall act

1940 - Bond v Nottingham – Easements but with no obligation to maintain

1945 – Water Act

1959 – Rights of light

1959 – Town and country planning

1961 – Public Health Act

1965/1966 – Building Regulations – mandatory (paid out of rates) – Repealed local acts and gave power to minister to make building regs

1983 – Marchant v Capital – A properly constituted party wall tribunal’s award will not be interfered with by the courts

1984 – The Building Act – consolidated

1993 – Lehmann v Herman – all owners must serve notices

1996 – Party Wall Act – the suspension of common law rights

1997 Louis v Sadiq – Lawful works avoid liabilities

2000 etc – Building Regulations

2001 – Rees v Skerett – weathering

2001 – Gyle Thompson v Wall St Properties – legal constitution of tribunal (the two surveyors)

2010 - Kaye v Lawrence - Don't place your trust in thesbians bearing gifts