module specification

The module will introduce students to law and planning in the context of real estate and the built environment.
Activities in real estate are bound by the law and as such, real estate professionals need to understand the legal environment in which they operate. This module introduces students to the fundamentals of English law and core legal topics relating to the built environment. The module examines English common law, the law of tort and the law of contract. Students will learn about the ownership of land and landlord and tenant law and examine public law and regulation, and law as a mechanism for social change. You will explore the law and its role in promoting sustainability and addressing climate change. 

Town and country planning is about managing the demand and the use for land. Planning is an essential component of the development process contributing towards protection for the environment and communities, placemaking, and encouraging regeneration. UK planning policy is supported by legislation, in the form of Acts of Parliament and Statutory Instruments and planning policy is developed at national and local levels. The focus of the policy is on affordable housing, addressing climate change, economic growth and levelling up, and health and wellbeing. Planning can be a contentious matter with a balance between the different priorities difficult to achieve. This module will take students through the planning legislation and policy at national level and look at the relevance of local plans and a plan driven system. You will then consider recent and proposed changes to the planning system and the efficacy of these. The module and its assessment encourage student inquiry and reflection in considering the environment around them in relation to planning policy and controls, and to critically investigate this, particularly in relation to sustainability.

• General principles of the law of contract (LO1,2)
• Requirements to form a valid contract (LO1,2)
• Contract terms and contract damages (LO1,2)
• The nature of the law of tort, liability and remedies (LO1,2)
• Negligence, nuisance and trespass (LO1,2)
• Landlord and Tenant Law (LO3)
• Meaning of leasehold and types of leases and covenants (LO4)
• Remedies for breach of covenant (LO4)
• The role of law in achieving sustainable goals, setting standards, creating values and holding individuals and organisations to account (LO6)
• Urban planning – history, urbanisation, urban growth (LO4,6)
• Planning principles (LO4)
• Identity of place/place making (LO4,5)
• Planning for sustainability (LO4,5,6)
• The planning process (LO4)
• Legislation and decision making (LO4)
• Strategic planning and levels of planning (LO4)

Study will be supported via lectures, seminars, workshops, and guided asynchronous activities. Where appropriate, activities, will be captured and made available to allow asynchronous access. The value of this blended approach is that you will be able to continue to explore topics beyond the classroom and interact with your cohort to expand on discussions and debates. Law can initially be a challenging subject for real estate students and therefore focusing on student understanding in smaller group work is essential. Planning can be supported by visual learning materials in class and on Weblearn.

You will receive formative feedback at regular intervals.  Formative means that the feedback will not go towards your final mark for the module, but you will be able to use the feedback to learn, improve your knowledge of key topics and to develop your academic writing skills.

You will be asked to do independent and guided reading and research to support your learning, this will help you to build a wider knowledge of the legal frameworks around the built environment and how it will affect you as a real estate professional.

On completion of the module the learner, operating independently and applying their knowledge and skills, should be able to:
1. Understand the nature of land law and the ownership of land.
2. Describe the nature of the Law of Contract and the Law of Tort.
3. Explain the basis of landlord and tenant law and interpret the essential elements of a lease.
4. Demonstrate understanding of planning policy, legislation and process and the key stakeholders involved.
5. Describe the influence of planning towards economic growth, equity and health and wellbeing of communities.
6. Describe the role of law and the planning system in driving sustainable development.

There is no single text currently in publication that provides a comprehensive coverage of all aspects of this module. There are several books, publications and online resources which cover various parts of the module in some detail, and these are included in the core text list.

Refer to Talis Reading List (link to be added)

Core:
Cullingworth, B., Nadin, V., Hart, T., Davoudi, S., Pendlebury, J., Vigar, G., Webb, D. and Townshend, T. (2015) Town and Country Planning in the UK. 15th edn. Abingdon: Routledge
Ellis, H., and Henderson, K. (2016). English Planning in Crisis: 10 Steps to a Sustainable Future. Bristol University Press.
Mason, J. (2023) Construction Law: From Beginner to Practitioner. 2nd edn. Abingdon: Routledge. 
Sheppard, A., Peel, D., Ritchie, H. and Berry, S. (2017) The essential guide to planning law: Decision-Making and Practice in the UK. Bristol: Policy Press
Wilcox, J. and Forsyth, J. (2022) Real estate: The basics. Abingdon: Routledge
Wood, D., Chynoweth, P., Adshead, J. and Mason, J. (2011) Law and the Built Environment. Chichester: Wiley-Blackwell.

Additional resources:
National Planning Policy Framework
The Planning Portal
Royal Town Planning Institute (RTPI)
UK Parliament 1
UK Parliament 2