CISR14320 - The Scheme: construction operations: works forming part of the land

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

FA04/S74 (2)(b) says that the following operations are within the scope of the Construction Industry Scheme:

  • ‘construction, alteration, repair, extension or demolition of any works forming, or to form, part of the land, including (in particular) walls, roadworks, power-lines, electronic communications apparatus, aircraft runways, docks and harbours, railways, inland waterways, pipe-lines, reservoirs, water mains, wells, sewers, industrial plant and installations for the purposes of land drainage, coast protection or defence’.

This provision seeks to catch the construction of civil engineering works other than buildings and structures (that are covered by FA04/S74 (2)(a)). The types of work listed are wide-ranging but the list is not intended to be exhaustive. So, if you encounter a class of work that is not directly specified but you consider that it can properly be described as ‘works forming part of the land’, you are entitled to conclude that it is caught by this provision.

Most of the operations mentioned should give contractors no difficulty in deciding whether CIS should be applied. The following paragraphs, however

  • deal with some special cases in the classes mentioned

or

  • describe operations that are not mentioned but are considered to be caught by this provision, or
  • refer you to other information panels in this section covering areas of particular difficulty.

Walls

The construction of conventional brick and masonry walls is caught as is the construction of dry stone walling (walls without mortar).

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Wind farms

The construction of wind farms are caught by the scheme, including those that are constructed within territorial waters extending 12 nautical miles from the high watermark.

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Playground surfaces and equipment

Special surfaces installed in playgrounds (see CISR14170) represent ‘works forming part of the land’. Playground equipment bolted to or cemented into playground surfaces also represents structures or ‘works forming part of the land’.

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Computer and telephone networks

See the separate information panel at CISR14130.

Fencing

See the separate information panel at CISR14140.

Flagpoles

The erection of a flagpole is considered to be a construction operation.

Industrial plant

See the separate information panel at CISR14190.

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Electronic communications apparatus

See the separate information panel at CISR14310.