Planning school development works

Many schools use the summer holidays as an opportunity to carry out improvements, but delays with legal documentation and getting contractors on site can mean a nail-biting race to finish work in time for the start of term. We have outlined some key legal and practical considerations to be aware of, to help ensure that projects are well-planned and successfully delivered.

Start with early due diligence

Before any plans are drawn up or contractors appointed, it’s important to check that the school has the legal right to carry out the works on the land in question. Find out:

• Who owns the land – Is it held by the local authority, a trust, or a religious body?

• What rights the school has – Does the school have a lease or licence, and does it allow for development?

• Any restrictions – Are there covenants, easements, or planning conditions that could affect the works?

• Is planning permission required?

Getting clarity early can prevent costly delays later.

Secure the right consents

Many schools operate on land owned by third parties, such as local authorities or diocesan bodies. In these cases, you may need formal consent before starting works. Additionally, depending on the nature of the school and the funding arrangements, you may need approval from the Department for Education (DfE).

The consent process can be cumbersome and time consuming, particularly where the scheme involves the acquisition or disposal of publicly funded land; and early engagement with the DfE is key.

Be clear on the scope of works

It’s essential that all involved parties have a shared understanding of the works.

This means having:

• Detailed plans and specifications – These should clearly set out the design, materials, and finishes.

• A defined scope – Everyone should know what is included (and what isn’t).

• Clear communication channels – To resolve queries and avoid assumptions.

Investing time in this upfront detail helps avoid misunderstandings and ensures the project delivers what the school actually needs.

Plan the construction timeline carefully

Construction works in a school environment require careful planning. Key considerations include:

• Timing – Can works be scheduled during school holidays to minimise disruption?

• Health and safety – How will the site be secured and pupils kept safe?

• Critical dates – If the new facilities are needed for the start of term, build in some ‘wiggle room’ to allow for delays due to weather, supply chain issues, or unforeseen site conditions.

A well-structured programme with contingency time is essential to avoid last-minute panic.

Engage early on grant funding

If the works are being funded through a grant, early engagement with the local authority or other funding body is crucial. Grant agreements often come with conditions—such as how the money can be spent, reporting requirements, and what happens if the project is delayed or cancelled.

Agreeing the terms of the grant agreement early helps ensure that funding is secure and that the school can meet its obligations.

Ensure school representatives are available

It’s crucial to have available representatives who can review, approve, and sign documents—especially during school holiday periods when key decisions often need to be made quickly.

Delays in obtaining signatures or approvals can stall progress, particularly when legal documents, funding agreements, or contractor appointments are time-sensitive. Schools should plan ahead to ensure that someone with the appropriate authority is reachable and briefed throughout the project lifecycle.

Final thoughts

Development works can bring fantastic benefits to a school community—but they also come with legal and logistical challenges.

If your school is considering a development project and you’re unsure where to start, seeking early legal advice can help you navigate the process with confidence.