Download our eBook guide on “Academy construction projects – know your legal duties”

In this first part of our two part ebook series, focusing on construction projects, we look at the steps you need to take to comply with statutory requirements before embarking on any academy or MAT building project.

In the second part, we provide a brief guide on project managing construction work for your school, academy or MAT. You can download this guide by clicking here.

Academy construction projects – know your legal duties

Embarking on a construction project is exciting for any school, academy or Multi-Academy Trust (MAT). After all the planning and fund raising, your dream of a new sports hall, modular classrooms, roofs, boilers or replacement kitchen is getting closer. It is tempting to think you can just appoint a builder and get on with it!

Many academies and MATs, particularly those who only occasionally have building work done, are not experts in construction projects. It is therefore wise to seek professional guidance about what is involved. It's about avoiding costly mistakes, as well as protecting your staff, pupils and parents – and your reputation. If something goes wrong you could face prosecution, and lasting damage to your OFSTED rating.

The ebook explores:

• Planning consent and building control

Know your statutory duties, as set out in the Town and Country Planning Act 1990

• Landlord consent

Obtaining Landlord Consent and ensuring compliance with your Academy Order are crucial. If you do not own your estate’s land and buildings, you will need to obtain Landlord Consent to make alterations to the premises. Even if you do own your estate, you need to understand what legal interests there are in it.

• Procurement

Procurement must comply with the Academies Financial Handbook – you need to be able to prove robust audit trails and sound procurement strategies, demonstrating that public funds have been used as intended by law.

• Asbestos

An Asbestos Refurbishment and Demolition Survey must be undertaken before any building project gets underway.

• CDM Regulations 2015

You must check the Construction (Design and Management) Regulations 2015 (CDM 2015) for your legal duties in appointing a Principal Designer and Principal Contractor to ensure Health & Safety on your site.

• Choosing contractors

Before choosing contractors you must verify they have the qualifications to meet all Health & Safety and legal requirements.

• Obtaining adequate design information

It is your responsibility to obtain adequate design information, including, design briefs, design and suitability/durability studies, compliance with Building Bulletins, compliance with DfE spatial guidance, asbestos surveys, structural and M&E (mechanical and electrical systems) information and pre-construction H&S packs.

• Appointing a contract administrator

You should appoint a Contract Administrator (CA) regulated by the RICS (Royal Institute of Chartered Surveyors). The CA will act on your behalf and thereafter become responsible for instructing the project's requirements as laid down within the contract.

Surveyors to Education

As qualified chartered building surveyors specialising in education, we have proven project expertise and can advise on any aspect of your legal obligations when it comes to construction work. Our experience helps make every project stress free and ensures you get the best value for every penny you invest in the future of your academy or MAT.

If you would like to discuss any of the information in this eBook or have any questions, please contact us on 01530 877 969 or email on enquire@s2e.org.uk.