Overview

Complete textbook on construction, real estate, and property management law with extensive coverage of specialist areas of the built environment Law and the Built Environment is a core textbook for all students undertaking compulsory law modules in construction, real estate, and property management programs of study. Key principles of English law are placed in their relevant professional context and clearly explained. The book also covers specialist areas of built environment professional practice such as health and safety, rent review, dilapidations, and lease renewals. This Second Edition has been revised and updated by practicing lawyers and lecturers with many years of teaching experience in their areas of expertise. The text has been substantially rewritten to bring all chapters up to date. New chapters cover civil procedures for anti-social behavior, construction law practice, and alternative dispute resolution. Other chapters with significant updates include those pertaining to construction payment, negligence and nuisance, ownership and co-ownership of land, third party rights in land, removal of tenants’ fixtures as a landlord, and water pollution and contaminated land in the public domain. Law and the Built Environment provides in-depth information on: Law of contract, covering representations, terms, agreements, considerations, illegality, and contract conclusions Public law, covering substantive and procedural grounds, time limits, prerogative remedies, injunction, and building control process and body Dispute resolutions, covering causes of disputes, pre-action protocols, costs, enforcement and appeals, and pros and cons of litigation Law of torts, covering occupier liability, lawful visitors, trespassers, defamation, and the Latent Damage Act of 1986 Law and the Built Environment is an excellent resource on the subject that caters primarily to students studying built environment subjects at the bachelor’s level. It is also highly suitable for students at the HNC and HND levels, those undertaking professional examinations, and as introductory reading for master’s students.

Full Product Details

Author:   Jill St George ,  Kate Ellis ,  Douglas Wood (Manchester Business School, University of Manchester) ,  Paul Chynoweth (University of Salford)
Publisher:   John Wiley and Sons Ltd
Imprint:   Wiley-Blackwell
Edition:   2nd edition
ISBN:  

9781119907916

ISBN 10:   1119907918
Pages:   384
Publication Date:   12 March 2026
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Forthcoming
Availability:   Awaiting stock  

Table of Contents

      Contents Chapter 1: The Administration of Law.. 3 The Nature of Law.. 3 Why regulate the built environment?. 3 Divisions of Law.. 4 Criminal Law.. 4 Civil Law.. 4 Overlaps in Criminal and Civil Law.. 4 Evidence. 5 The Common Law.. 6 Equity. 6 Equity follows the law.. 7 Those who seek equity must do equity. 7 Those who come to equity must come with clean hands. 8 Delay defeats equity. 8 Sources of Law.. 8 Custom.. 9 Time Immemorial 9 Continuity. 10 Peaceable Enjoyment 10 Reasonableness and Certainty. 10 Case Law.. 11 Law Reporting. 11 The History. 11 Modern Law Reporting. 12 Judicial Precedent 13 Court Hierarchy. 14 Interpretation of Judicial Precedent 15 Advantages and Disadvantages: 15 Legislation. 16 The Making of a Statute. 17 Types of Legislation. 17 Statutory Interpretation: 20 Law Reform and the Law Commission. 22 European Union Law.. 23 The Court System in England and Wales. 24 History. 24 The Criminal Court Structure. 25 Magistrates’ Courts. 25 The Crown Court 26 The Civil Courts. 26 Magistrates’ Courts. 26 County Courts. 27 The High Court of Justice. 27 The Court of Appeal 30 The Supreme Court 30 The Technology and Construction Court (TCC) 31 The Judicial Committee of the Privy Council 32 The European Court of Human Rights (ECHR), the Human Rights Act and the UK Courts. 33 Tribunals. 34 Alternative Dispute Resolution (ADR) 36 Negotiation. 37 Mediation. 37 Arbitration. 38 Legal Professionals. 39 Solicitors: 39 Barristers. 40 CILEX Practitioner/Chartered Legal Executive/Chartered Lawyer. 42 Licenced Conveyancers (CLC Lawyers) 43 Court Procedure. 44 Procedure for civil cases. 44 The Civil Procedure Rules (CPR) 45 Civil proceedings: A brief overview.. 48 Pre-action. 48 Commencing proceedings. 48 Case management 49 Expert Witnesses. 51 Offers to Settle. 51 Costs. 53 Enforcing Judgment 53 UK Government Online Platforms. 55 Role of National and Local Government 55 Chapter 2 - Law of Contract. 57 Introduction. 57 Forms of contract 58 Simple contract 58 Deed. 58 Contract which must be made in writing or evidenced in writing. 59 Standard form contract (SFC) 59 Smart legal contracts (SLCs) 59 Contract construction. 60 Making a valid contract 60 Agreement: 61 Consideration. 73 Intention to create legal relations. 79 Representations and terms of a contract 81 Representations. 81 Terms. 82 Vitiating factors. 88 Capacity of the parties. 89 Mistake. 89 Misrepresentation. 91 Duress, undue influence and inequality of bargaining power 92 Illegality. 92 Privity of contract 92 Exemption and limitation clauses. 93 Common law.. 93 Statute. 94 Contract conclusion. 97 Discharge of a contract 97 Performance. 97 Agreement 99 Frustration. 100 Breach of an appropriate term of the contract 104 Remedies. 104 Damages. 104 Liquidated and unliquidated damages. 105 Limitation of actions. 109c Equitable remedies. 110 Agency. 112 Creation. 112 Express authority. 112 Implied authority. 112 Necessity. 113 Ratification. 113 Estoppel 113 The scope of an agent’s authority. 114 The agency relationship. 115 Duties of an agent 115 Duties of the principal 116 Principle, agent and AI 117 Termination of agency. 118 Construction industry contracts. 119 JCT Standard forms of contract, 2024. 120 Construction management contract: 120 Design and build contract: 121 Major project construction contract: 121 Measured term contract: 121 Standard building contract: 121 Institute of Civil Engineers (ICE) Infrastructure Conditions of Contract (ICC) 121 Other forms of main contract 121 FIDIC International Conditions. 121 GC/Works/1. 122 Sub-contracts. 122 Management contracts. 122 NHBC schemes. 122 NEC 3 Engineering and Construction Contract 123 ‘Construction Act’ - Housing Grants, Construction and Regeneration Act 1996 (HGCRA)  124 Background. 124 Definitions and scope. 124 Adjudication. 125 Payment mechanism.. 126 Chapter 3 – Construction Law.. 127 Abstract 127 What is construction law?. 127 Key parties to/in construction contracts. 128 Types of contracting structures. 129 Standard form contracts. 132 Formation of construction contracts. 133 Tendering considerations. 134 Use of letters of intent 134 Workmanship and materials. 138 Implied terms re workmanship. 138 Duty to warn of danger in carrying out the work. 139 Implied terms re materials. 141 Design liability. 144 Standard of design liability – fitness for purpose. 146 Duration of design liability. 147 Compliance with Building Regulations. 148 Compliance with statutory requirements. 148 Dealing with defective work. 148 Payment 152 Housing Grants Construction and Regeneration Act 1996. 152 Common law rights to deduct from certified sums. 156 5.3 Retention clauses and performance bonds. 158 Liquidated ascertained damages (LADs) 159 Prevention principle and extension of time. 160 Managing delay to preserve LADs. 162 Liquidated damages clause or penalty clause?. 163 Variations of the contract 166 Restriction to large scale changes. 167 Valuing changes to the works. 168 Protecting third parties. 169 Contract (Rights of Third Parties) Act 1999. 170 Collateral Warranties. 170 Schedules of third party rights. 171 Statutes protecting occupiers of dwellings. 171 Insurance. 173 Indemnity undertakings and public liability insurance. 174 Material damage insurance. 175 Professional indemnity insurance. 176 Chapter 4 – Law of Torts. 176 Introduction. 176 Introducing torts: 178 Negligence: 178 Vicarious liability: 178 Nuisance: 178 Trespass: 179 Defamation: 179 Negligence. 179 Duty of care owed. 180 Donoghue v Stevenson. 180 Dutton v Bognor Regis Urban District Council andAnns v Merton London Borough Council 180 Caparo Industries plc v Dickman. 181 Murphy v Brentwood District Council 183 Duty of care breached. 187 The objective test: Skills and age. 189 The objective test: Professionals. 189 Causal link (causation) 191 Factual causation. 192 Legal causation. 193 Proof in negligence cases. 196 S11 Civil Evidence Act 1968. 196 Res Ipsa Loquitur 196 Psychiatric injury. 197 Negligent advice. 198 The pre-requisites of liability. 199 Occupiers liability. 201 Lawful visitors. 201 Trespassers. 205 The Defective Premises Act 1972 and the Building Safety Act 2022. 208 Limitation of actions in negligence. 209 The Latent Damage Act 1986. 210 Defences to negligence. 211 ‘Volenti non fit injuria’ (Consent) 211 Contributory negligence. 211 Vicarious liability. 212 Employees and independent contractors. 212 Liability for independent contractors. 213 Course of employment 214 Nuisance. 214 Private nuisance. 215 Core principles of private nuisance. 216 Fearn and others v Board of Trustees of the Tate Gallery [2024] AC 1. 219 Remedies. 220 Defences. 221 Public nuisance. 222 Pre Police, Crime, Sentencing and Courts Act 2022. 224 Post Police, Crime, Sentencing and Courts Act 2022. 225 Proving special damage. 226 Remedies. 227 Statutory nuisance. 228 How the system works. 228 To constitute a statutory nuisance, it must do one of the following: 228 Injure health or be a nuisance. 229 Abatement 229 Penalties for non-compliance: 229 Rylands v Fletcher [1861-73] All ER Rep 1. 230 Essentials of the tort 231 Defences. 234 Trespass. 235 Trespass to land. 236 Examples of trespass to land. 236 The extent of the tort 237 Remedies. 239 Defences. 240 Trespass to goods. 241 Trespass to the person. 242 Defamation. 243 Distinguishing libel and slander. 244 Establishing a claim.. 245 Defamatory statement 245 Statement must refer to the claimant 246 Publication to a third party. 247 Serious harm.. 247 Remedies. 248 Damages. 248 Injunction. 248 An apology. 248 Removal of the statement 248 Defences. 249 Truth. 249 Absolute privilege. 249 Qualified privilege. 249 Honest opinion. 250 Public interest 250 Responsibility for publication. 251 Offer to make amends. 252 Breach of statutory duty. 252 The requirements. 252 Employers liability. 254 The obligations. 254 Safe place of work: 254 Safe system of work: 255 Competent staff: 255 Safe plant, materials and equipment: 255 Defences. 255 Volenti 255 Contributory negligence. 256 Product liability. 256 Consumer Protection Act 1987. 256 Consumer Rights Act 2015. 257 Remedies. 258 Judicial remedies. 258 Damages. 258 Injunction. 260 Specific restitution of property. 261 Extrajudicial remedies. 261 Chapter 5 – Land law.. 261 Introduction. 261 Defining land. 262 Dissecting the definition. 264 The extent of land. 264 That growing on the land. 264 Attachment to the land. 265 Owning land. 268 Freehold ownership. 269 The leasehold estate. 269 Criticisms of leasehold ownership. 270 Co-ownership of land. 271 Joint tenants. 271 The four unities. 272 The right of survivorship. 272 Tenants in common. 272 Identifying the type of co-ownership. 273 Converting a joint tenancy to a tenancy in common. 273 Evidencing ownership of land. 274 The nature and role of deeds. 274 Unregistered land. 275 The land registration system.. 277 Principles of registration. 277 Why register land?. 278 The form of the register 279 Subsequent dealings. 280 Adverse possession. 280 The nature of adverse possession. 280 Adverse possession of unregistered land. 281 Action for possession. 282 Adverse possession of registered land. 283 Requirements for adverse possession. 285 Factual possession. 285 Adverse to the rights of the paper owner 287 The intention to possess. 287 Adverse possession and human rights. 288 Third party rights in land. 290 Legal interests. 290 Equitable interests. 291 Trusts. 291 Contractual rights in land. 292 Estate contract 293 Equitable easement 293 Equitable mortgage. 293 Restrictive covenants - see xxx. 293 Easements. 293 The nature of easements. 293 Essential characteristics of an easement 295 Acquisition of easements. 299 Extinguishment of easements. 303 Easements distinguished from certain other rights. 305 Mortgages. 307 The nature of mortgages. 307 Borrower’s rights. 307 Lender’s rights. 311 Further mortgages. 313 Restrictive covenants. 314 The nature of covenants. 314 Enforceability of covenants. 315 The enforceability of third party rights. 320 Unregistered land. 321 Registered land. 322 Easements created by implication or by prescription. 323 Other interests. 324 Commonhold. 324 Chapter 6 The Law of Landlord and Tenant. 327 The leasehold estate. 327 Types of leases. 327 Essential elements of a valid lease. 328 Formalities for the creation of leases. 330 The creation of legal leases. 330 Failure to comply with creation formalities. 331 Termination of leases. 332 Notice to quit 332 Passing of time. 332 Break clause. 332 Surrender 332 Forfeiture. 333 Merger 333 Removal of tenants’ fixtures. 333 Covenants in leases. 333 Express covenants. 333 Implied covenants. 333 The usual covenants. 337 Rent 338 Repairing covenants. 341 Nature of repairing covenants. 341 Awaabs Law.. 342 User covenants. 342 Nature of user covenants. 342 Restriction on charging for consent 343 Covenants against alterations. 343 Nature of covenants against alterations. 343 Unreasonable withholding of consent 344 Assignment and sub-letting. 344 Nature of assignment and sub-letting. 345 Unlawful discrimination. 345 Restriction on charging for consent 345 Unreasonable withholding of consent for assignment and subletting. 346 Enforceability of covenants in leases. 348 Leases granted before 1 January 1996. 348 Leases granted on or after 1 January 1996. 349 Remedies for breach of covenant 349 Landlord’s remedies for non-payment of rent 349 Tenant’s remedies. 353 The statutory codes. 353 Private sector residential tenancies. 354 Leasehold enfranchisement and extension. 357 Existing law: 357 Proposed law: 358 Business tenancies. 358 Tenancies to which the 1954 Act applies: 358 Security of tenure. 359 Reform.. 361 Chapter 7 – Public law.. 362 Introduction. 362 Judicial review.. 362 Grounds for judicial review.. 364 Substantive grounds: 364 Procedural grounds. 367 Procedure for judicial review.. 371 Time limits. 371 Permission. 371 Remedies. 374 Prerogative remedies: 374 Declaration. 374 Injunction. 375 Damages. 375 Building regulations. 375 Content of regulations. 375 Building control process. 376 Building control body. 377 Competent person schemes. 378 The planning system.. 379 When is permission needed?. 379 Development 379 Application for planning permission. 381 Local authority development plans. 382 Material considerations. 382 Planning conditions. 382 Planning obligations and contributions. 382 Appeals. 383 Enforcement 384 Human rights and the planning system.. 385 Planning and the environment 386 Environmental impact assessment 386 Water pollution. 387 Contaminated land. 389 Defining contaminated land. 389 Identifying contaminated land. 390 Notification and consultation. 391 Remediation. 391 Waste management law.. 392 Defining waste. 392 Managing waste. 393 Duty of care. 393 Fly-tipping. 394 S33 Environmental Protection Act 1990. 394 Site waste management 395 Emissions from buildings. 396 Construction and emissions. 396 Existing homes and emissions. 397 Health and safety at work. 398 The HSWA 1974. 399 Duties. 399 Inspectors. 399 The 1992 ‘six-pack’ regulations. 400 Management of Health and Safety at Work Regulations 1999 (as amended) 400 Workplace (Health, Safety and Welfare) Regulations 1992 (as amended) 401 Construction (Design and Management) Regulations 2015. 401 Client duties. 402 Health and safety duty roles. 402 Duties of others within a project 402 General requirements for all construction sites. 402 The Control of Substances Hazardous to Health (COSHH) Regulations 2002 (as amended) 403 The Control of Asbestos at Work Regulations 2012. 403 The Work at Height Regulations 2005 (as amended) 404 Chapter 8 – Dispute Resolution. 405 Abstract 405 Causes of disputes. 406 Litigation. 407 The Civil Procedure Rules. 407 Pre-Action Protocols. 408 Issuing Proceedings. 409 Case Management conference. 410 Part 36 and Settlement 410 Costs. 411 Enforcement and Appeals. 411 Shorter Trials Scheme (STS) 412 Pros and cons of litigation. 412 Alternative dispute resolution. 412 Arbitration. 413 The Arbitration Act 1996. 413 The Arbitration Act 2025. 414 Choosing an arbitrator 414 Procedure. 415 Enforcement and costs. 415 Pros and cons of arbitration. 416 Adjudication. 416 History behind statutory adjudication. 417 The Scheme for Construction Contracts. 417 Enforcement and perceived issues. 417 Smash and grab adjudications. 419 Can adjudication awards by appealed?. 420 Costs. 421 Pros and cons of adjudication. 421 Informal alternative dispute resolution. 421 Negotiation. 422 Mediation. 422 Conciliation. 422 Dispute boards. 423 Early neutral evaluation. 423 Pros and cons of informal methods. 424  

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Author Information

DR JILL ST GEORGE is a law lecturer at the Open University, UK. Jill’s teaching specialism is land law, having been responsible for course creation, updates, teaching and assessment of land law at numerous institutions and published in areas including TOLATA and residential conveyancing. KATE ELLIS is a Senior Lecturer in construction law at London South Bank University in the School of Construction Property and Surveying. She has been teaching law to post graduate and undergraduate construction students since January 2012 and thus has an in depth understanding of the application of law in the construction industry and the requirements of students. Kate was Called to the Bar by the Honourable Society of Gray’s Inn in July 2008 and has worked as a lawyer in Guernsey where she specialised in property conveyancing. Kate is currently a PhD candidate researching construction industry culture from an inclusivity perspective.

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