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The residential leaseholder’s interest in construction operations

The residential leaseholder’s interest in construction operations The owner of residential long leasehold can be significantly affected by construction operations to the building, whether during its initial construction or its subsequent repair, renovation or improvement. This paper aims to consider how a leaseholder has an interest in such construction operations and the extent to which this is taken into consideration in their procurement.Design/methodology/approachThe paper is a general review of how construction law interfaces with property law interests, rights and obligations in the case of a residential leaseholder. The first part of the paper outlines the issues raised by construction operations. The second part of the paper queries the efficacy of any right of redress the leaseholder might have in respect of construction defects. The third part considers the limited nature of the leaseholder’s right to be consulted about construction operations. The paper is predominantly doctrinal in approach, although it references socio-legal research. The paper also contrasts the English law position with Australia.FindingsThe paper concludes that leaseholders have limited input into the procurement of construction operations despite their interest in them. Property law can be used to regulate construction law operations.Originality/valueTo date, the literature dealing specifically with the position of leaseholders, consultation obligations and construction operations has been limited. This paper brings together property law and construction law in analysing the findings of the Hackitt Report into the Grenfell Tower disaster. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of Property, Planning and Environmental Law Emerald Publishing

The residential leaseholder’s interest in construction operations

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Publisher
Emerald Publishing
Copyright
© Emerald Publishing Limited
ISSN
1756-1450
DOI
10.1108/jppel-12-2018-0037
Publisher site
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Abstract

The owner of residential long leasehold can be significantly affected by construction operations to the building, whether during its initial construction or its subsequent repair, renovation or improvement. This paper aims to consider how a leaseholder has an interest in such construction operations and the extent to which this is taken into consideration in their procurement.Design/methodology/approachThe paper is a general review of how construction law interfaces with property law interests, rights and obligations in the case of a residential leaseholder. The first part of the paper outlines the issues raised by construction operations. The second part of the paper queries the efficacy of any right of redress the leaseholder might have in respect of construction defects. The third part considers the limited nature of the leaseholder’s right to be consulted about construction operations. The paper is predominantly doctrinal in approach, although it references socio-legal research. The paper also contrasts the English law position with Australia.FindingsThe paper concludes that leaseholders have limited input into the procurement of construction operations despite their interest in them. Property law can be used to regulate construction law operations.Originality/valueTo date, the literature dealing specifically with the position of leaseholders, consultation obligations and construction operations has been limited. This paper brings together property law and construction law in analysing the findings of the Hackitt Report into the Grenfell Tower disaster.

Journal

Journal of Property, Planning and Environmental Law – Emerald Publishing

Published: Jul 17, 2019

Keywords: Defects; Leasehold; Property law; Construction law; Defective premises act 1972; Landlord and tenant act 1985

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