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Construction (Design and Management) Regulations 1994

What is Construction?

'Construction work' is defined in the regulations as the carrying out of any building, civil engineering or engineering construction work, and includes any of the following:

  1. The construction, alteration, conversion, fitting out, commissioning, renovation, repair, upkeep, redecoration or other maintenance (including cleaning which involves the use of water or an abrasive at high pressure or the use of substances classified as corrosive or toxic for the purpose of regulation 7 of the Chemicals (Hazard Information and Packaging) Regulations 1993, de-commissioning, demolition or dismantling of a structure,
  2. the preparation for an intended structure, including site clearance, exploration, investigation (but not site survey) and excavation, and laying or installing the foundations of the structure,
  3. the assembly of prefabricated elements to form a structure or the disassembly of prefabricated elements which, immediately before such disassembly, formed a structure,
  4. the removal of a structure or part of a structure or of any product or waste resulting from demolition or dismantling of a structure or from disassembly of prefabricated elements which, immediately before such disassembly, formed a structure, and
  5. the installation, commissioning, maintenance repair or removal of mechanical, electrical, gas, compressed air, hydraulic, telecommunications, computer or similar services which are normally fixed within or to a structure,

but does not include the exploration for or extraction of mineral resources or activities preparatory thereto carried out at a place where such exploration is carried out.

A 'structure' is defined in the regulations as :

  1. any building, steel or reinforced concrete structure (not being a building), railway line or siding, tramway line, dock, harbour, inland navigation, tunnel, shaft, bridge, viaduct, waterworks, reservoir, pipe or pipe-line (whatever, in either case, it contains or is intended to contain), cable, aqueduct, sewer, sewage works, gasholder, road, airfield, sea defence works, river works, drainage works, earthworks, lagoon, dam, wall, caisson, mast, tower, pylon, underground tank, earth retaining structure, or structure designed to preserve or alter any natural feature, and any other structure similar to the foregoing, or
  2. any formwork, falsework, scaffold or other structure designed or used to provide support or means of access during construction work, or
  3. any fixed plant in respect of work which is installation, commissioning, de-commissioning or dismantling and where any such work involves a risk of a person falling more than 2 metres.

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We are engineers who implement the regulations, not lawyers, and this section covers the areas of legislation with which we are routinely involved. The information in this site is a general overview of the legislation and may well be affected by the particular circumstances of your case.

 

 

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