Q&As

Are road maintenance works (such as verge, gulley and drain cleaning and grass cutting) ‘construction operations’ under the Housing Grants, Construction and Regeneration Act 1996?

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Published on LexisPSL on 21/12/2016

The following Construction Q&A provides comprehensive and up to date legal information covering:

  • Are road maintenance works (such as verge, gulley and drain cleaning and grass cutting) ‘construction operations’ under the Housing Grants, Construction and Regeneration Act 1996?

Are road maintenance works (such as verge, gulley and drain cleaning and grass cutting) ‘construction operations’ under the Housing Grants, Construction and Regeneration Act 1996?

Such works may fall under section 105(1)(b) of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996), which defines construction operations as including roads maintenance works:

‘...construction, alteration, repair, maintenance, extension, demolition or dismantling of any works forming, or to form, part of the land, including (without prejudice to the foregoing) walls, roadworks, power-lines, electronic communications apparatus, aircraft runways, docks and harbours, railways, inland waterways, pipe-lines, reservoirs, water-mains, wells, sewers, industrial plant and installations for purposes of land drainage, coast protection or defence’ (our emphasis)

Alternatively, the works may fall under HGCRA 1996, s 105(1)(e) if they are considered ancillary to road maintenance works:

operations which form an integral part of, or are preparatory to, or are for rendering complete, such operations as are previously described in this subsection, including site clearance, earth-moving, excavation,

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