5. Legal Issues
In addition to the legal constraints there are a number of important technical issues to consider which will ensure that the project fulfils these legal requirements during its implementation. The issues considered in this section include:
The planning aspects of the project, including rights to land and access, planning constraints and meeting the requirements of public authorities. These are considered under Land rights and consents.
Past processes may have contaminated some areas of derelict and post-industrial land. This needs to be considered and the risk that the contamination may present established. This process is explained in the section Risk assessment.
The management and/or ownership of a site brings with it a number of responsibilities and duties that need to be addressed, including the consequences of managing public amenity, and issues of running a trust, charity or company to manage and look after the site. There will also be insurance and liability considerations associated with allowing the wider public into a site. These issues are discussed in the section Liabilities and regulations.
Working with volunteers and local people on site requires that aspects of health and safety are considered. The Health and Safety section discusses the relevant laws and regulations, both during and after the project.
Many projects involving the regeneration of derelict land will at some point require the services of professional people. This will require contracts to be drawn up and safeguards to ensure the work is done correctly. The Contracts section deals with working with professionals – how to engage them and how to ensure that control of the project is kept with local people.
Who owns the land I want to work on? What other permissions do I need and who can give them?
What risks are related to the site of my project and the work being done? What do I need to do to minimise risks and potential harm?
What types of liabilities are there and what should I consider for my community project?
What health and safety concerns are there associated with my project and how can they be controlled?
What type of contracts are there and which ones will I need to know about for my project?
A guide to some of the Environmental Legislation that may affect the project.
Important note: This information is intended as a guide and, while it is as accurate and up to date as we can make it, it should not be used in place of specialist legal, financial or commercial advice.