What is New Roads and Street Works Act 1991?

The New Roads and Street Works Act 1991 (NRSWA) sets out the objectives of the co-ordination function: to ensure safety; • to minimise inconvenience to people using a street, including a specific reference to people with a disability; and • to protect the structure of the street and the apparatus in it.

What is a street authority?

NB Code of Practice for the Co-ordination of Street Works and Works for Road Purposes and Related Matters HAUC(England) Edition issued by HAUC (England) in September 2020, defines a street authority as: ‘The authority, body or person liable to maintain a Street.

What is the maximum number of days after a defect notification that remedial works should be complete in Wales?

The undertaker should undertake the agreed remedial works within 10 days of the date of the joint inspection or the date of the agreement not to have a joint inspection unless an extended period is mutually agreed. If it is agreed that there is no defect, no further action is taken and no fee is payable.

What is a Section 81?

(1) A notice under section 81 (1) above may require the person to. whom it is given: – A. to shore up any building adjacent to the building which the notice relates, B. to weatherproof any surfaces of an adjacent building that are exposed to the demolition.

What is a section 58 notice?

A Section 58 restriction is a restriction under the New Roads and Street Works Act 1991 that prevents utility companies digging up the road for a pre-determined period once substantial roadworks, carried out by the highway authority, have been completed.

How long is the defects liability period?

Typically, a defects liability period (DLP) is either 12 or 24 months from the date of practical completion. In some construction contracts, where a particular defect has been rectified within the DLP, a new DLP for that item will start from the time of the repair and continue for the same period as the original DLP.

What is a section 77 notice?

Section 77 gives us the power to direct individuals to remove their vehicles and belongings and to leave the land occupied without the consent of the occupier of the land (i.e. including land owned and / or occupied privately).

What is section 58 Highways Act?

The Section 58 prevents statutory undertakers from digging up the road for a period of between three to five years after the road has been resurfaced or reconstructed, unless the work is an emergency or needed to provide a new customer service.

What is a section 74 notice?

Section 74 was introduced in 2001 alongside EToN 2. Charges were introduced for unreasonably prolonged works with an initial charge of between £100 and £2500 per working day of overrun. Furthermore, the new legislation gave Highway Authorities the ability to assess and challenge durations on works notices via EToN.

What is a section 50 notice?

Section 50 street works licences Any person or organisation who wishes to carry out works on a highway, will need to apply for a street works licence (Section 50 Licence). This requirement does not apply to anyone acting under a statutory right.

What is a 12 month defect period?

Related Content. A period following practical completion (usually six or 12 months) during which a building contractor retains liability under a building contract for dealing with any defects which manifest themselves. Also known as a rectification period.

What is the difference between maintenance period and defect liability period?

Period of Maintenance means the specified period of maintenance from the date of completion of the work as certified by the Engineer and specified in the Contract. This period is also termed as “Defects Liability Period”.

What is a section 81 notice?

A Counter Notice served under Section 81 of the Building Act may require all, or any, of the following works: To shore up any building adjacent to the building to which the Notice relates. To weatherproof any surfaces of an adjacent building exposed by the demolition.

What is a section 80 notice?

The Section 80 Demolition Notice is a vital component in any demolition process and no demolition project can commence without it. It is the responsibility of one’s intention to demolish the entirety or part of a building to notify the Local Authority before doing so.

What is section 41 Highways Act?

41 Duty to maintain highways maintainable at public expense. E+W. (1)The authority who are for the time being the highway authority for a highway maintainable at the public expense are under a duty, subject to subsections (2) and (4) below, to maintain the highway.

What is Section 278 of Highways Act?

A section 278 agreement (or s278) is a section of the Highways Act 1980 that allows developers to enter into a legal agreement with the council (in our capacity as the Highway Authority) to make permanent alterations or improvements to a public highway, as part of a planning approval.

What is a section 55 notice?

Sample 10: Section 55 Notice, requiring owner to pay Local Authority expenses following an Urgent Works Notice. Planning (Listed Buildings and Conservation Areas) Act 1990, section 55. Demand for Payment: This Notice requires your urgent attention. [Name of Local Planning Authority]

How long is a builder liable for?

Where a defect amounts to a breach of contract (which will usually be the case), the default limitation period for bringing a claim against the contractor is 6 years from the date of practical completion. However, if the contract is executed as a deed, that period is extended to 12 years.

How long is a builder liable for a new house?

If you have a simple contract, the period of liability for any breach of contract will be 6 years from the date of the breach, and 12 years if the contract is executed as a deed.

What is covered during maintenance period?

Warranty Period /„Maintenance Period‟ shall mean the period during which the Contractor shall remain liable for repair or replacement of any defective part of the Works performed under the Contract.