Fundamentals of Built Environment Law

This subject has the following teaching availabilities in 2014:

120 hours

Admission into a course at the Melbourne School of Design.

For the purposes of considering request for Reasonable Adjustments under the Disability Standards for Education (Cwth 2005), and Student Support and Engagement Policy, academic requirements for this subject are articulated in the Subject Overview, Learning Outcomes, Assessment and Generic Skills sections of this entry.

It is University policy to take all reasonable steps to minimise the impact of disability upon academic study, and reasonable adjustments will be made to enhance a student's participation in the University's programs. Students who feel their disability may impact on meeting the requirements of this subject are encouraged to discuss this matter with a Faculty Student Adviser and Student Equity and Disability Support: http://services.unimelb.edu.au/disability

An introduction to the principles and legal concepts that apply to the built environment professions and how this law develops and changes. The subject covers:

• the fundamentals of common law;
• liability in tort law for injury or loss caused to other people or their property;
• legally binding contracts, their terms, obligations and breaches. These concepts extend into construction contracts, standard forms of contract, liabilities, litigation and arbitration;
• concepts of property and ownership in Australia. The legal nature of land, improvements, fixtures and chattels, land registration systems and encumbrances. Co-ownership: subdivision, joint tenancy in common. licenses and leases. occupier's liability;
• planning law;
• environmental law;
• intellectual property covering copyright, patents and consultancy issues.

Students who have successfully completed this subject should:

• have a sound general understanding of the principles and legal concepts of common law and tort law;
• be aware of the different forms of construction contracts and the characteristic features and differences between each;
• understand the land tenure systems in Australia including ownerships, subdivisions and property leasing arrangements;
• be familiar with planning and environmental laws, the implementation systems and adoption by the professions;
• have a basic understanding of ownership rights with respect to intellectual property.

• Assignment equivalent to 1000 words (20%) due in week 8, focussing on the Property law and associated legislation.
• Assignment equivalent to 1000 words (20%) due in week 11, researching different project delivery models and associated legal issues.
• Three hour examination equivalent to 3000 words during the examination period (60%) focussing on a wide range of issues covered during the semester relating to all aspects of the Fundamentals of Built Environment Law. A minimum mark of 40% has to be acieved in the examination in order to pass this subject.

Comprehensive coursework notes including selected readings provided via the University book room.

This subject is not available as a breadth subject.

On completion of the subject, students should have developed the following generic skills:

• the capacity to analyse a range of legal environmental frameworks;
• the capacity for critical and independent thought and reflection;
• ability to find and apply legal principles within the environment professions.