A consultation to support a Post Implementation Review of the 2011 Changes to Part 2 of the Housing Grants, Construction and Regeneration Act 1996

Overview

As part of its commitment to better regulation, the Government said it will undertake a non-statutory post implementation review of the 2011 changes to the Housing Grants, Construction and Regeneration Act 1996 (the “Construction Act”).

To help inform that review, this consultation seeks information to help establish how effective those changes have been in securing their objectives. The consultation also asks some more general questions on the existing construction payment and adjudication framework and a set of questions on the affordability of adjudication, its misuse and its continuing relevance.

The consultation is relevant to any party to a commercial construction contract as defined by the construction contracts legislation. It is also relevant to adjudicators, arbitrators and lawyers. While this consultation concerns construction specific legislation it may also be relevant for those with an interest in prompt payment more generally and to insolvency practitioners. The legislation does not apply to residential occupiers.

The consultation runs in parallel with one on Retention Payments in the Construction industry.

What happens next

The responses and wider stakeholder engagement that took place during the consultation period will inform the preparation of the Post-Implementation Review of the 2011 Amendments to the Construction Act. This will assess the impact of the Amendments on the construction sector.

We have published a summary of the responses to this consultation on GOV.UK.