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This is the first book to offer a systematic and analytical overview of the legal framework for residential construction. In doing so, the book addresses two fundamental questions: Prevention: What assurances can the law give buyers (and later owners and occupiers) of homes that construction work - from building of a complete home to adding an extension or replacing a shower unit - will comply with minimum standards of design, safety and build quality? Cure: What forms of redress - from whom, and by what route - can residents expect, when, often long after completion of construction, they discover defects? The resulting problems pose some big and difficult questions of principle and policy about standards, rights and remedies, which in turn concern justice more generally. This book addresses these key issues in a comparative context across the United Kingdom, Ireland, Australia and New Zealand. It is an accessible guide to the existing law for residents and construction professionals (and their legal advisers), but also charts a course to further, meaningful reforms of the legal landscape for residential construction around the world. The book's two co-authors, Philip Britton and Matthew Bell, have taught in the field in the UK, Australia and New Zealand; both have been active in legal practice, as have the book's two specialist contributors, Deirdre Ni Fhloinn and Kim Vernau.
The book deals with all of the legal and practical issues around the ownership and control of the common areas of a Multi-Unit Development which may comprise apartment blocks, housing estates, commercial estates and/or mixed-use developments. The Property Services Regulatory Authority is examined as is some fundamental and relevant provisions of the new Companies Act 2014 which apply all Owners' Management Companies in Ireland today. The myriad of issues which abound landlord and tenant law in the residential context are also covered in the book. As the subject of the Owners' Management Company traverses Land Law, Housing Law and Company Law, this book will be of great interest to students and anyone wishing to learn more about practicing in the property services sector.
This is the first book to offer a systematic and analytical overview of the legal framework for residential construction. In doing so, the book addresses two fundamental questions: Prevention: What assurances can the law give buyers (and later owners and occupiers) of homes that construction work - from building of a complete home to adding an extension or replacing a shower unit - will comply with minimum standards of design, safety and build quality? Cure: What forms of redress - from whom, and by what route - can residents expect, when, often long after completion of construction, they discover defects? The resulting problems pose some big and difficult questions of principle and policy about standards, rights and remedies, which in turn concern justice more generally. This book addresses these key issues in a comparative context across the United Kingdom, Ireland, Australia and New Zealand. It is an accessible guide to the existing law for residents and construction professionals (and their legal advisers), but also charts a course to further, meaningful reforms of the legal landscape for residential construction around the world. The book's two co-authors, Philip Britton and Matthew Bell, have taught in the field in the UK, Australia and New Zealand; both have been active in legal practice, as have the book's two specialist contributors, Deirdre Ni Fhloinn and Kim Vernau.
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