Further to our recent insight, Government guidance for the construction industry – what guidance?, a little bit of clarity can now be found in The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 which were enacted on 26 March 2020.

The relevance to the construction industry is as follows:

  • Regulation 6(2)(f) provides an exception to the restrictions on leaving home to travel for the purposes of work where it is not reasonably possible for that person to work, or to provide those services, from the place where they are living; and Regulation 7(b) allows for gatherings of more than two people in a public place where essential for work purposes;
  • there is no specific mention of construction and construction sites as in previous guidance, but it is there in the omission; and
  • these Regulations should now be taken into account expressly when considering whether construction operations can continue both on and at the perimeter of sites but the effect of these Regulations supports the Government's attempts to keep construction working.

We will continue to provide regular updates on this issue.