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Ashfords' In-House Legal Bulletin - September 2018

Carillion and CDM Regulations - the difficulties in adopting a project

Since construction giant Carillion filed for liquidation earlier this year the news has been filled with speculation over what will happen to ongoing projects. With recent news that companies like Robertson Group and Amey have taken over certain Carillion contracts, attention will turn to keeping existing services going, and beginning construction again.

Of course, there are a number of health and safety concerns involved in adopting any site part way through a project. Careful consideration needs to be undertaken to ensure compliance with health and safety law, including duties under the Construction (Design and Management) Regulations 2015 (CDM). Failure to do so can result in criminal prosecution, substantial fines, and custodial sentences.

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VAT and a 'no-deal' Brexit

On 23 August, the government published a note about the potential VAT consequences for businesses if there is a 'no-deal' Brexit. It explains various measures which the government intends to introduce or apply with effect from 29 March 2019 if this occurs.

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NPPF 2018 - assessing housing need and the new housing delivery test

On 24 July 2018 the government published the long-awaited revised National Planning Policy Framework (the 'revised NPPF').  It replaces the 2012 version and is already a material consideration for the determination of planning applications.  

The delivery of housing remains a focus for government and the chapter dealing with housing has been bumped up the order in the revised NPPF.   Central to the government's policy aim of boosting significantly the supply of housing is the new standardised method of assessing housing need and the introduction of the housing delivery test. 

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