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Construction progress report
Construction progress reports are prepared regularly (often monthly) by the contract
administratorduring the construction phase and issued to the client. They will
generally be a summary of the reports received and discussions held at construction
progress meetings.
Construction progress reports may be a combination of minutes of construction
progress meetings and reports received during those meetings, with key issues
highlighted in an accompanying cover note. Alternatively they may be a re-written
version of that information prepared specifically to suit the client's requirements.
Construction progress reports might include:
Progress photos.
Weather reports.
Reports of any issues with neighbours (such as noise, dust, vibrations, rights
of light, access, safety etc).
Look ahead to the next period (including specific requirements for progress
photos during the next period, which may include off-site fabrication photos).
On construction management projects, the construction manager holds
regular construction progress meetings with the client and consultant team,
however they will also hold regularconstruction progress meetings with trade
contractors to discuss on and off-site progress against the programme and to coordinate the release of information. It may sometimes be appropriate for these
meetings to take place at the trade contractor's premises. Construction progress
reports will then be prepared for the client.
include:
Cost vs budget.
Number of complaints.
Buildings can present a great number of possible risks both in construction and
operation. There are many duties placed on those commissioning, designing,
constructing and operating buildings to control those risks.
The legislation affecting health and safety in design and construction falls under
the Health and Safety at Work etc. Act through regulations that include:
The Construction (Design and Management) Regulations.
The Building Regulations.
The Management of Health and Safety at Work Regulations.
The Work at Height Regulations.
The Lifting Operations and Lifting Equipment Regulations.
The Construction (Head Protection) Regulations.
The Workplace (Health Safety and Welfare) Regulations.
The Work in Compressed Air Regulations.
The Provision and Use of Work Equipment Regulations.
The Gas Safety (Installation and Use) Regulations.
The Control of Substances Hazardous to Health Regulations (COSHH).
The Manual Handling Operations Regulations.
The Control of Noise at Work Regulations.
The Control of Vibration at Work Regulations.
The Control of Asbestos Regulations.
Rights to light
Contents
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Introduction
Interpretation
Measurement
Obstruction
Rules of thumb
Remedies
Recent considerations
Find out more
8.1 Related articles on Designing Buildings Wiki
8.2 External references
Introduction
The right to light in the UK goes back to general property law relating
to easements that date back to William IV. The Ancient Lights Law became
superseded by the 1832 Prescription Act. NB In the USA all such rights and laws
were abolished following the introduction of electric lighting.
Rights to light generally become an issue when a new development, or proposed
development affects the access to light of an adjoining property. Rights to light also
apply to obstructions caused by trees, hedges and so on, but there are no rights to
light for open ground.
Rights to light can be the result of 'easements', or can be nuisance issues:
Interpretation
Generally a right to light refers to the right to receive sufficient light through an
opening (such as a window), allowing ordinary comfortable use and enjoyment of
a dwelling, or ordinarybeneficial use and occupation of other buildings.
The levels of acceptable light have not been objectively quantified and are instead
assessed on a case by case basis by the courts. However, sufficient light according
to the ordinary notions of mankind and tangible deprivation to a building are
arguable expressions that have earned substantial fees to the legal and surveying
professions and given rise to specialists and expert witnesses in this field.
Much depends on:
Measurement
It is now relatively straight forward to measure, or model lighting levels on working
planes within buildings and to assess whether there is currently adequate light to
perform tasks such as reading, or whether there will be once a proposed
development is constructed.
Natural light to a building can be achieved in different forms and provide varying
light power:
Obscure glass
Tinted low emissivity glass
Frosted glass
Clear glass
Windows can be of different sizes, heights and quantity and serve varying room
sizes with natural light. Generally the larger the area served by a window the more
value can be put on to the window.
Obstruction
The obstruction of light between an internal space of the dominant property and the
sky by a servient property is generally caused either by either:
Rules of thumb
The '45 degree rule', which may be used to assess planning applications for
developments impacting on windows, is not used to assess rights to light.
The '50:50 rule' however, may be deemed adequate. This involves determining
what percentage of a room receives adequate light on a working plane 850mm
above the floor. An injury may be considered to have occurred where the
percentage is reduced to less than 50%. Where more than 50% of the room still
receives adequate light however, an injury may not be considered to have occurred,
irrespective of the amount of light that has been lost.
Remedies
The most likely remedy to a loss of a right to light is an injunction. Courts do not like
to awarddamages in such cases, as this could be seen as a developer being able to
buy the rights of another. However if damages are awarded, they may be based
on:
The use and purpose (historical) of the rooms affected by the infringement.
The loss of natural light power over the affected by the obstruction.
The additional value to the property of the servient offender. This may be a
proportion of thedevelopers profits, where the proportion relates to the amount of
floor space that thedeveloper could not have built if they had not infringed on
the right to light of their neighbour.
Any loss of residual value to the dominant property
The law and possible remedies surrounding rights to light are not straight forward.
There are complications in relation to some Crown land, statutory bodies
and compulsory purchase, and under certain circumstances developers can
obtain light obstruction notices. If it is possible that a development will
encounter rights to light issues, a right to light consultant can be appointed to give
expert advice.
In practice the dominant property by means of an interlocutory injunction can hold
up a development for a very long time while it takes its case to court. Time is
money and the delay while the legal case goes through the courts, particularly if it
is appealed, can bring everything to a halt. So a negotiation takes place with the
dominant owners team having a pretty good idea of the value of the infringement
to the servient owner and a deal is done or the design is changed to step back any
light obstructing structures.
Recent considerations
A right to light by prescription may be lost if a person submits to a loss of light for a
year before making a claim. This means that complaints should be made quickly,
and repeated frequently to ensure that the right is not lost before a claim is made.
However, the recent case of HKRUK II (CHC) Ltd v Heaney (2010) suggests that time
may no longer be a barrier to an injunction. SeeThe In-House Lawyer: Rights of light:
What you need to know post-Heaney.