OHBA/BILD/RESCON obtained a legal opinion from Leo Longo at Aird & Berlis LLP to provide some guidance and clarity regarding what construction activities are permitted under new residential regulations posted on Monday (82/20) and earlier today (200/20).

Please review the legal opinion and Attachment A that outlines the related construction activities connected to the Regulation 30.1 that now permits construction to prepare a site for residential development including excavation, grading, roads or utilities infrastructure. 

This industry legal opinion should assist members in determining what construction activities are permissible under the new regulations and should help to confirm those activities when in discussion with your local municipal building officials.

As always, industry members should consult with their local building departments, own legal counsel, and any additional professionals before proceeding under the current state of emergency regulations, and always document and prepare to defend their decision to continue construction activities as the penalties under the State of Emergency are significant.

View/Download Legal Opinion