Indicators of the impact of environmental factors on UK construction law: developments in the new millennium

Abstract

In examining the impact of environmental issues on construction law, recent construction‐related legislation and litigation can be seen as indicators of the growing importance of specific property‐related environmental issues. Through reference to relevant literature and law reports, several recent legal developments can be identified relating to energy production and consumption, water inundation, the physical qualities of buildings, excluded materials, noise and disability discrimination and, finally, waste disposal and contamination. Recent law relating to energy consumption in buildings is evidence of the ever‐widening set of legal obligations regarding energy efficiency. Similarly, recent litigation relating to nuclear waste and wind farms may be more typical of future energy cases than those relating to traditional fossil fuel production processes. Noise represents another form of environmental pollution and has been seen in a number of cases. The impact of the built environment on people with disabilities is now recognized in Part M of the Building Regulations which places additional disabled access requirements on all building owners, landlords, employers and service providers. Property professionals, local authorities and statutory authorities need, more than ever before, to be aware of their current legal obligations while remaining constrained by resource and financial management regulation.