CISR14140 - The Scheme: construction operations: fencing

| CISR14600 | Action guide contents | |—————————————————————————————————–|———————–|

The erection of fencing may potentially be seen as

  • ‘construction … of … structures’ (FA04/S74 (2)(a)), or
  • ‘construction of … any works forming … part of the land’ (FA04/S74 (2)(b)), or
  • ‘operations which … are for rendering complete (other construction operations)’ (FA04/S74 (2)(f)).

Deciding whether a fencing project is within the scope of CIS can be difficult because it may range from a superficial wooden structure enclosing agricultural land, for instance, to a substantial construction involving foundations and a heavy-duty main structure. In addition, the conclusion is influenced by whether the work is done as an isolated job or as part of a wider project of construction in which the erection of fencing represents a finishing operation.

In practice, you should base your decision on the following considerations.

Within CIS

  • If the fencing is erected as part of a wider project of construction, for example, to enclose gardens on a newly-constructed housing estate, the operation is caught by CIS (this applies whether the fencing is a light or heavy duty structure).
  • If the fencing is erected as an isolated operation and is a heavy duty structure, that is, the main supporting posts are installed in a concrete foundation, the operation is caught by CIS.

Excluded from CIS

  • If the fencing is erected as an isolated operation and is a light duty structure, that is the supporting posts are simply driven into the ground, the operation is not caught by CIS.

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Security fencing

You may encounter claims by fencing concerns that ‘security fencing’ represents a ‘security system’ within the meaning of FA04/S74 (3). Such claims should be rejected on the basis that although fencing may fulfil a security purpose, it is a normal feature of a building and its surrounds. It is not a ‘system’. For more information, see CISR14290.