CIE 311 Notes1 - Regulatory Framework, Standards

CIE 311 CIVIL ENGINEERING CONSTRUCTION PRACTICES
REGULATORY FRAMEWORK, STANDARDS AND SUSTAINABILITY
1. REGULATORY FRAMEWORK
A framework is defined as the basic, underlying structure to a set of regulations. A framework

is composed of a several complementary elements or concepts in support of something
larger.
Regulations, is most often defined as principles, rules, or laws designed to control or govern
behavior. “Regulations are a form of law, often referred to as delegated or subordinate
legislation. They have the same binding effect as Acts and usually state rules that apply
generally, rather than to specific persons or things. However, regulations are not made by
parliament. Rather, they are made by persons or bodies to whom Parliament has delegated
the authority to make them, a minister or an administrative agency. Authority to make
regulations must be expressly delegated by Act.”
Engineering Codes and Standards
A code is a set of rules and specifications for the correct methods and materials used in a
certain product, building or process. Codes can be approved by local, state or federal
governments and can carry the force of law. The main purpose of codes is to protect the
public by setting up the minimum acceptable level of safety for buildings, products and
processes.
A technical standard is an established norm or requirement. It is usually a formal document
that establishes uniform engineering or technical criteria, methods, processes and practices.
Standards allow for interchangeability of parts, system interoperability, and they ensure
quality, reliability and safety.
Sources for Codes, Standards, and Regulations
Codes, standards, and regulations are developed, maintained, and promoted by regulatory
agencies, engineering societies, trade organizations, and private companies. Aggregators and
other distributors of standards and codes disseminate them. Libraries, websites, mail order
outlets, and the issuing organizations themselves are sources from which to obtain both
engineering and manufacturing codes, standards, and regulations.
Applications
Engineering codes, standards, and regulations all serve to ensure the quality and safety of
equipment, materials, and processes and ultimately public safety and wellbeing. However,
they each have distinct characteristics. Engineering codes are enforced by one or more
governmental entities and are critical to developing industry practices. Engineering standards
ensure that organizations and companies adhere to accepted professional practices, including
construction techniques, maintenance of equipment, personnel safety, and documentation.
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Engineering regulations are government-defined practices to ensure the protection of the
public as well as uphold certain ethical standards for professional engineers. These codes,
standards, and regulations also address issues regarding licensure, academic qualifications,
and how incidents of misconduct should be handled.
The Law
Law is a system of rules that are created and enforced through social or governmental
institutions to regulate behavior. Law regulates and ensures that individuals or a community
adhere to the set rules. Laws are enacted by parliament though Acts.
In essence, a regulatory framework consists of laws, regulations and sometimes codes and
standards
2. LAND LAW
Land law, as the name suggests, is the set of rules that govern the land and anything attached
to it, such as trees or buildings, or anything in it.
'Land in English law includes not only the soil but also:
 Any buildings, parts of buildings, or similar structures.

 Anything permanently attached to the soil.
 Rights under the land.
 Rights above the land to such a height as is necessary for the ordinary use and
enjoyment of the land and the structures upon it.
In Zambia, the lands act, 1995, defines land as any interest in land whether the land is virgin,
bare or has improvements, but does not include any mining right as defined in the Mines and
Minerals Act in respect of any land;
Therefore, the extent and meaning of land as defined in the English law applies in Zambia,
except the mines and minerals rights.
3. CONSTRUCTION LAW
Construction law is a branch of law that deals with matters relating to

building construction, engineering, and related fields. It is in essence a combination
of contract law, commercial law, planning law, employment law and tort etc. Construction
law covers a wide range of legal issues including contract, negligence, bonds and bonding,
guarantees and sureties, liens and other security interests, tendering, construction claims,
and related consultancy contracts. Construction law affects many participants in the
construction industry, including financial institutions, surveyors, quantity
surveyors, architects, builders, engineers, construction workers, and planners.
2
The process of construction or building is complex. Builders have to follow a large number of
rules and regulations. There are many things that they need to know and do before they ever
pour the first bit of cement or clear the first tree. People in the construction industry have to
work with private entities and government representatives and agencies in order to conduct
business. They must also have effective methods for dispute resolution.
Areas of construction law

Construction law involves many different things and a large variety of different types of law
that include but not limited to:
Contract law
Professionals in the construction industry often enter into contracts. When things go wrong,
the language in these contracts often ends up being very important. It’s critical for contracts
to be carefully draft and reviewed before they are entered into. Many standard form
contracts in the construction industry are used e.g. for Fédération Internationale Des
Ingénieurs-Conseils, which means the international federation of consulting engineers (FIDIC)
form of contracts. These blueprints are used as a guide to tailor to the needs of the parties
with an eye on state laws that may specifically impact negatively on client’s plans and their
best interests.
Planning and approvals

Those in the construction industry often need to get government approval for their work.
Whether they need a standard approval of building plans or they’re working for a use
variance, planning approvals are required often from Local Authorities.
Employment law
Employment law is a critical part of construction law. Business owners depend on workers to
do the bulk of their work. That means hiring, firing and management. Owners must know how
to hire people legally and how to follow the laws when it comes to paying employees fairly,
withholding taxes and other considerations.
Worker’s compensation
One area that’s similar to general employment law is worker’s compensation. Most
construction companies need to provide worker’s compensation insurance for their
employees and the right to make a claim and comply with their obligations when claims occur.
3
Property law
Property law is a critical area of construction law because it helps building companies
purchase and manage properties with confidence. If there are disputes about the ownership
of a property, liens or other questions, lawyers help their clients resolve them in order to
prevent large problems later on.
Dispute resolution
Despite trying to manage construction contracts and planning as carefully as possible,
problems and disputes occasionally arise and must be resolved.
Dispute resolution in construction either by:
Alternative Dispute Resolutions
 Arbitration
 Dispute Review Boards (or other third party reviews)
 Mediation
 Structured negotiations
Litigation
There are times when it might be in the aggrieved party’s best interests to take the case to
court. Usually after alternative dispute resolution fails.
Occupational safety
Construction work can be dangerous. Employers and contractors have to make sure that they
comply with Occupational Safety and Health Administration requirements.

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CIE 311 CIVIL ENGINEERING CONSTRUCTION PRACTICES

REGULATORY FRAMEWORK, STANDARDS AND SUSTAINABILITY

A framework is defined as the basic, underlying structure to a set of regulations. A framework

Engineering Codes and Standards

 Any buildings, parts of buildings, or similar structures.

Construction law is a branch of law that deals with matters relating to

Areas of construction law

Planning and approvals

Dispute resolution in construction either by:

Alternative Dispute Resolutions

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