Code of Construction Practice

Code of Construction Practice (2019)

On 1 April 2019 the Council issued a revised Code of Construction Practice (CoCP) replacing the original Code that was introduced in April 2016.

The Code has been expanded to cover the full range of impacts that construction work has on the local environment and residents. It sets out what the Council expects from developers and those involved in construction activities in the borough. The expectation is that all construction sites in the borough meet the requirements or best practice set out in the Code, reducing disruption for residents. A summary of the code is available below:

Code of Construction Practice Summary [PDF] (file size 2.28 MB)

The Council has set up a new joined-up team of officers with expertise in planning, transport and highways, street scene enforcement, parking and noise, vibration and dust called the Construction Management Team (CMT). This team will be responsible for approving and pro-actively monitoring much of the construction in the borough that falls within the remit of this Code, working alongside colleagues in existing teams such as Noise and Nuisance and Streetscene Enforcement.

Key elements of the Code

Site categories

All sites must be assessed and characterised as one of Category 1, 2 or 3 (in terms of potential impact on the local area), prior to work starting (as per Table 1 within the Code). Category 1 developments are expected to have the highest potential construction impact and Category 3 the lowest. The final decision on the category of development rests with the Construction Management Team.

Compliance with the Code and the Construction Bond

A planning condition will be attached to Category 1 and 2 sites requiring owners, developers and their contractors to agree to be bound by the Code. For Category 1 and 2 sites, a signed copy of the Code checklist (contained within Appendix A) together with a Site Construction Management Plan (SCMP) must be submitted to and approved by the Council before works can start. This will be stipulated in the planning condition.

For Category 1 sites an application for consent under Section 61 of the Control of Pollution Act 1974 must be submitted.

For Category 1 and 2 sites that are subject to the planning condition, there will be a charge for monitoring compliance with the Code. Payment in the form of a Construction Bond, to cover the cost of any monitoring required over the duration of the development, will be required prior to works starting. The bond will only cover costs that are directly associated with the implementation of the Code, such as officer site visits, audits, meetings and variations/dispensations to S61 Consents.

The Construction Bond as set out in the table of charges below are required to be paid at the time of signing up to the Code of Construction Practice. As costs are incurred in monitoring the site and follow up work, those costs will be recorded. When the project is complete, charges paid but not spent will be repaid. The actual charge paid over the project will therefore cover the actual costs incurred.

Should the project take longer than originally planned and charged for, signing up to the Code of Construction Practice will commit the site to pay additional costs for the additional length of time for which the project lasts. The cost of applying for any permissions, licence, parking suspension or any other fees payable to the Council will be charged separately at the appropriate time.

Scale and nature of project Initial charge

Category 1

  • Major development with 10 or more homes or 1,000 sq m or more floorspace
  • Full demolition and re-construction of a property
  • Basement excavation or extension
  • Use of full-size piling rig for three months or more

For non-domestic schemes:

£17,500 including 20% VAT per year or part year of projected project length

(£14,583.33 without VAT)

For domestic schemes:

£8,500 including 20% VAT per year or part year of projected total project length

(£7083.33 without VAT)

Category 2

  • Partial demolition
  • Residential and commercial extensions
  • Minor basement extension within property curtilage - estimated volume of excavated basement material less than 50 m3

 

£5,000 including 20% VAT per year or part year of projected project length

(£4166.67 without VAT)

Category 3

  • Internal refurbishment works
  • Cosmetic external works

£1,500 including 20% VAT per year or part year of projected project length

(£1,250 without VAT)

Charges against these payments on the basis of:

Role Hourly charge
Support officer or assistant officer or equivalent £47.00 (£56.40 including VAT)
Officer or senior officer or equivalent £82.00 (£98.40 including VAT)
Team Leader or equivalent £115.00 (£138.00 including VAT)
Senior manager or equivalent £189.00 (£226.80 including VAT)

The Council’s Construction Management Team will monitor sites to ensure that the submitted and approved information is adhered to. Owners and developers (where different) will be responsible for ensuring compliance with the Code by their contractors and sub-contractors.

Communication and liaison

Owners/developers/contractors should discuss the proposals with neighbours before submitting a planning application and, in the case of Category 1 sites, must draw up a strategy for liaison with neighbours. This is one of the most important factors in minimising complaints and all developers and contractors must prioritise the development of a communication strategy.

Permitted hours for construction work

The Council will control the permitted hours for construction work (audible at the site boundary) through a S60 Notice or S61 Prior Consent of the Control of Pollution Act 1974.  The permitted hours are:

  • 8am to 6pm, Monday to Friday
  • At no time on Saturdays, Sundays and Public Holidays

Restricted hours for high impact activities (i.e. all demolition and concrete-breaking works)

  • 9am to noon and 2pm to 5.30pm, Monday to Friday
  • At no time on Saturdays, Sundays and Public Holidays

On exceptional occasions work outside these hours may be unavoidable. For example, police restrictions may mean that certain deliveries can only take place on a Sunday when traffic is light. Except in cases of emergency, the Council should be notified well in advance of any such deviations from the normal pattern of work, and strongly advises contractors to notify surrounding residents.

Residents disturbed by noisy works outside the permitted hours should contact the Council’s Noise and Nuisance Team.

Damage caused by construction works

Damage to adjoining structures due to vibration, even if superficial (e.g. cracked plasterwork) may be provided for under the terms of a party wall agreement, but please note this is not a matter for which the Council is empowered to act. For further information on party wall agreements please visit the planning portal website.

Site safety

Enquiries relating to site safety issues or concerns about unsafe construction processes and practices should be referred to the Health and Safety Executive.

Contacts

For further information regarding the Code, the Council’s Construction Management Team can be contacted on email at: environmentalhealth@rbkc.gov.uk or tel: 020 7361 3002.