Construction, law and the environment: a historical review

This paper highlights the key influences on the participants in the UK construction process with regard to the environment arising from both legal and non-legal sources. It outlines the broad framework of environmental law, built up from the common law torts of nuisance, negligence and even trespass; the provisions of construction contracts; and legislation, which has its origins in curbing the harmful effects of industrialisation in the nineteenth century but now greatly influenced by European law. The importance of secondary legislation and the regulations, such as the Building Regulations, is noted, as is the growing use of planning law to achieve environmental objectives. The paper touches on the role of international law, and the non-legal influences of international declarations, recommendations and standards; the role of European and UK government policy; the influence of the Environmental Agency; and other influences, not least that of public opinion—not only on political parties and policy-makers, but also on commercial organisations which are increasingly, and voluntarily, setting their own environmental policies.