2009 Pre-Budget Report: Construction and engineering aspects | Practical Law

2009 Pre-Budget Report: Construction and engineering aspects | Practical Law

A legal update on the main announcements affecting the construction and engineering industry made in the 2009 Pre-Budget Report, delivered by the Chancellor on 9 December 2009.

2009 Pre-Budget Report: Construction and engineering aspects

Practical Law UK Legal Update 8-500-9874 (Approx. 8 pages)

2009 Pre-Budget Report: Construction and engineering aspects

by PLC Construction
Published on 10 Dec 2009England, Wales
A legal update on the main announcements affecting the construction and engineering industry made in the 2009 Pre-Budget Report, delivered by the Chancellor on 9 December 2009.

Speedread

This detailed legal update considers the important announcements affecting the construction and engineering industries announced in the 2009 Pre-Budget Report, including:
  • The establishment of Infrastructure UK.
  • The Government's continuing drive towards a low-carbon economy.
It is clear that, in the medium and long term, to address the UK’s growing budget deficit and public borrowing requirement, the construction industry will need to look to the private sector to provide a greater share of its work as Government spending will no doubt decline (whoever is in power). The 2009 PBR predicts that, by 2013-14, public sector overall net investment will decline by more than 50%, compared to the current financial year.

Links and defined terms

Links

For a summary of the:

Defined terms

We use the following abbreviated terms in this legal update:

Infrastructure

Developments

Infrastructure UK

The Government's June 2009 draft legislative programme announced its intention to establish an advisory body, "Infrastructure UK" to identify the country's long term infrastructure needs across a 5 to 50 year period (see Legal update, Government announces the Draft Legislative Programme 2009/10).
The 2009 PBR confirms that the Government has established Infrastructure UK, which will work with government departments, private sector infrastructure investors, contractors, operators and independent regulators. Infrastructure UK will bring together HM Treasury's Infrastructure Finance Unit (TIFU), HM Treasury's Public-Private Partnership (PPP) policy team and Partnerships UK (PUK). Infrastructure UK will be based in HM Treasury. It will be chaired by Paul Skinner, the ex-chairman of Rio Tinto plc and former managing director of Royal Dutch Shell.
Infrastructure UK's immediate priorities are to:
  • Develop a strategy for the UK's infrastructure over the next 5 to 50 years. This will be published in the 2010 Budget.
  • Work with infrastructure developers and funders to make recommendations in the 2010 Budget to stimulate increased private sector investment in infrastructure, with a particular focus on "unlocking new sources of private capital and developing new funding models".
  • Manage the Government's investment in the 2020 European Fund for Energy, Climate Change and Infrastructure.
  • Support HM Treasury in prioritising the Government's investment in infrastructure, to ensure "value for money is achieved".
  • Work with the Office of Government Commerce (OGC) and other government departments to "support the delivery of major infrastructure projects and programmes and to build stronger infrastructure delivery capability across government".
  • Support HM Treasury and the Department of Energy and Climate Change to report on how to ensure the electricity market framework can most effectively deliver low-carbon investment, and to explore the need for a low-carbon institution.
  • Work with the Department for Transport on responding to proposals for a new high speed line to the West Midlands.
  • Support the Department for Business, Innovation and Skills (BIS) in delivering a Universal Service Commitment in broadband by 2012 and providing further support to achieve private sector roll-out of next generation broadband to 90% of the population by 2017.

Asset sales

The Government proposes to sell some of its infrastructure assets, including High Speed 1 and the Dartford Crossing. For more information, see Legal update, 2009 Pre-Budget Report: implications for Property: Asset management and sales of public buildings.

Crossrail, the M1 and rail electrification

The Government highlighted the funding already secured through the European Investment bank for the Crossrail project (Box 4.1, 2009 PBR). It has committed itself to a £1.1 billion rail electrification programme for the Great Western Main Line and Liverpool to Manchester line, and the £400 million M1 improvement scheme. For more information, see Legal update, 2009 Pre-Budget Report: implications for Property: Support for investments.

Comment

Despite the medium and long term declines in public spending announced in the 2009 PBR, the construction industry will hope, perhaps above all, for certainty with regard to major infrastructure projects. The Government may yet commit itself to further infrastructure works in 2010, under guidance from its newly appointed advisory body, Infrastructure UK.
However, given the size and length of time it takes to plan for, design and carry out infrastructure projects (and the delays that can affect them) it was interesting that the Chancellor used London's Blackfriars station and Birmingham's New Street station as examples of projects that were now on site. The industry has seen proposals for New Street station come and go and, while the works at Blackfriars are very real, the upgrade of the entire Thameslink line was called "Thameslink 2000" because it was originally intended to complete at the turn of the century.

Public sector investment in future financial years

Development

Table 2.4 of the 2009 PBR includes figures for net public sector investment in future financial years:
Net investment (£ billion)
2009 Budget or 2009 PBR
2008-9
(Outturn)
2009-10
(Estimate)
2010-11
(Projection)
2011-12
(Projection)
2012-13
(Projection)
2013-14
(Projection)
2009 Budget
37.7
43.8
36
29
26
22
2009 PBR
45.3
49.5
39
29
26
22
While net investment does not equate to central government spending on construction, clearly a proportion of each year's "net investment" feeds into the construction sector. As such, these figures suggest that, to an even greater extent than was the case at the time of the Chancellor's 2009 Budget, the 2009 PBR is feeding money into the construction sector. (Nearly £6 billion more net investment than was expected at the time of the 2009 budget.)
When the current levels of net investment reduce, in the financial years 2010-2014, the industry will need new sources of work to maintain current workloads. The projections for net investment of £22 billion in 2013-14 are less than half those of the last financial year (2008-9: £45.3 billion), and this financial year (2009-10: £49.5 billion).
Commentators suggest that the public sector accounts for about 40% of total construction output in 2009, compared to about 30% in 2007.

Comment

The industry needs to plan now for large reductions in capital investment by central government in the coming years, regardless of which party wins the next general election.

The low carbon economy

Developments

As well as the low carbon aspects of the Government's announcements on infrastructure (see note, Infrastructure), the 2009 PBR focused on the low carbon economy. This builds on recent developments in the construction and engineering sector, including:
The low carbon economy announcements include:
  • The Strategic Investment Fund, which (together with the announcement made in 2009 Budget) now promises £400 million of investment in low carbon projects.
  • Carbon capture and storage (CCS) schemes, offshore wind projects, energy companies' assistance to vulnerable households, changes to the taxation system to make electric cars and vans more attractive to businesses, and boilers "scrappage" (see note, Boilers scrappage).
  • An end to the fuel duty differential for biofuels, from 1 April 2010, except for biodiesel from waste cooking oil.
  • Confirmation that the Government continues to review the landfill tax system.
For more information, see Legal update, 2009 Pre-Budget Report: environmental announcements.

Comment

Despite the perhaps well-founded belief in the construction sector that the Government could have done more for industry in the 2009 PBR, "green infrastructure", cleaner energy generation technologies, and the changes in existing systems (such as adapting the electricity grid to take account of offshore wind power) will all create work for construction and engineering companies.
The construction and engineering sector, both contractors and professional consultants, will hope that the Government's policies are successful in promoting and establishing the UK as a centre for low carbon technologies, so that the UK's expertise may be exported, as well as used at home.

Boilers scrappage

Development

In the 2009 PBR, the Government announced that £200 million will be made available to improve energy efficiency and tackle fuel poverty by:
  • Offering a £400 incentive to help up to 125,000 households affected by fuel poverty to upgrade their old boilers (dubbed a boilers "scrappage" scheme by many commentators). The scheme will be available to those who replace their current working G-rated boiler with either:
    • a new boiler; or
    • a renewable heat unit.
    The Government hopes to launch the scheme during 2010.
  • Providing cavity wall insulation for 108,000 properties in the social sector by the end of 2011. This restates the Government's commitment, announced in the 2009 Budget, to improve insulation in 150,000 social sector homes.
  • Providing an extra £150 million for Warm Front to help 75,000 of the most vulnerable households with heating and insulation.

Comment

All of this spending may assist the construction industry, but the size of the schemes announced is very limited.
For example, commentators estimate of the number of inefficient boilers (depending on how you assess whether a boiler should be replaced) is between about 4 and 5 million units in the UK. The Government's proposal, to be introduced in 2010, is limited to 125,000 properties and exactly how those properties may be identified remains to be seen.

False self-employment in the construction industry

Development

The Government announced that a summary of responses to the consultation on false self-employment in the construction industry will be published in 2010. For more information on the consultation, see Legal update, Consultation on false self-employment in the construction industry.

Comment

While it is difficult to strike an appropriate tone, at times, when objecting to a proposal that intends to reduce false self-employment in the construction industry, various industry bodies have lobbied the Government to suggest that the costs to industry of following the new proposals were too high to bear in this recession.
The industry must tackle false self-employment, to ensure a level playing field between employees and the genuinely self-employed and to realise potential advantages in, for example, health and safety performance when using employees, where appropriate. On balance, it seems that the Government plans are moving slowly, but important changes remain likely in future.

VAT

Development

The 2009 PBR confirms that the standard rate of VAT will revert to 17.5% on 1 January 2010. (The 2008 Pre-Budget Report announced a temporary reduction in the standard rate of VAT from 17.5% to 15%. This measure was to last until 31 December 2009 (see Legal update, 2008 Pre-Budget Report - implications for Property: Temporary reduction in VAT standard rate).) For more information on dealing with the VAT increase, see Practice note, How to deal with the VAT rate increase on 1 January 2010

Comment

There had been calls for an extension of the VAT reduction period. However, in the current economic climate and in light of the decision to return the standard rate of VAT to 17.5%, there was perhaps no realistic prospect of the Government introducing a reduced rate of VAT for domestic repair and maintenance work. Despite this, some campaigners will remain disappointed that their efforts, over many years, to address this issue have, once again, come to nothing.
(For more information on the power of the Government to introduce a VAT reduction measure, see Legal update, VAT Directive allows permanent reduced VAT rates for certain services.)

Trade credit insurance

Development

The Government confirmed, as expected, that the Trade Credit Insurance Scheme will close to new members at the end of December 2009. For more information on the Trade Credit Insurance Scheme, see Legal update, Trade credit insurance scheme extended.

Comment

Although the financial markets have improved, the number of construction insolvencies, and the restrictions on bank finance generally, mean that it will be expensive for the industry to obtain trade insurance. Combined with the increase in the rate of VAT, this may cause cash-flow issues for some firms.

Comment

Whatever your political persuasion, the Chancellor had a difficult balancing act to perform in the 2009 PBR. In performing that balancing act, he has, arguably, given to the construction industry with one hand, and taken away with the other.
For example:
  • Infrastructure UK may allow better strategic planning by construction and engineering companies, as well as by Government. However, the massive "tightening" of public spending over the coming years will undoubtedly have a major impact on a sector that is current very dependant on public projects.
  • Replacing old boilers and carrying out other home improvement works as part of the "Warm Front" policy may assist some small businesses, but the limited nature of those schemes means that, unless the private sector can invest in major environmental projects alongside the public sector, "green" infrastructure alone will not solve the industry's future needs for work.