There are 3 levels of survey available when you buy a property. These are commonly known as a Mortgage Valuation, HomeBuyer Report and Building Survey (graded 1-3 respectively). A common misconception is that a type of survey fits an age and type of property but the higher the number, the greater level of inspection, detail and comment that will be provided on a property. We would be happy to discuss further the available levels and their suitability to your potential purchase.
Item specific reports contain independent professional advice on all types of issues and defects including cracking, damp, structural issues etc. commonly identified for further inspection by previous reports, defective workmanship, trespass, roof condition to name a few. These reports provide concise advice with conclusions and recommendations. However, in some cases the matter will continue through the courts and these reports can be CPR compliant, if required. Advice reports provide reassurance and professional recommendations on specific issues.
Boundary reports and plans are prepared when a plot is subdivided for development, or more commonly when a dispute arises over the positioning of the boundary between adjacent properties. An independent professional opinion is the first stage to obtain advice as to the situation and in most cases the matter can be resolved on the recommendations. However, some situations can continue and further input is required within mediation or arbitration or, if all else fails, litigation. The first stage is to get independent professional advice on the boundary which will determine the situation and provide conclusions and recommendations moving forward.
Local Authority planning applications are required to obtain planning permission for a number of reasons including extensions/alterations to a property, change of use, repositioning of boundaries and compliance with Listed Building conditions. The planning process can be complicated if not approached correctly and applications can be refused. Submitting an Appeal to a decision can sometimes result in the overturning of an original decision by the Planning Inspectorate but may not be the best way to proceed. We would be happy to discuss further any potential planning implications that you may have, as every case is different.
Once planning permission has been granted, the proposed has to be built and this is where ‘working drawings’ or Building Regulations (BR) drawings and documentation is required. Simply put, this takes a planning concept and includes sufficient information to comply with current BR and allow the proposed to be constructed. A key note is to always view the BR stage from the design conception so that when planning consent is granted the scheme can be built as per the approved plan. Variations from the approval plan may not be acceptable and will cause delay.
Once the Building Regulations drawings and documentation is prepared these are normally supported by further construction details and methodology within a Schedule or Specification of Work (SOW). The purpose of a SOW is to provide a potential contractor with sufficient information to accurately price the works. The SOW provides an essential part of any contractual documentation ensuring security for all parties.
Contractual Administration is a professional role in which a Contract Administrator (CA) is selected to administer the contract and with it the associated works. The CA oversees the construction in accordance with the contract documentation carrying out interim site visits and approving the release of payment for works completed. A formal contract provides protection, not only for the employer but for the contractor also. Additionally, there is a clear dispute resolution pathway if an issue arises.
Alternatively, professional agent (PA) services are to advise the employer only. The employer in normal circumstances enters into an ‘offer and acceptance’ contract with the contractor with some or little contractual documentation and relies on the advice on their PA throughout the works. Key note, a PA has no control over the contractor and can only legally advise the employer.
If works proposed by your neighbour or yourself are up to the boundary line, within 3m and to a foundation depth of deeper than the original or 6m via a 45° line and propose to ‘touch’ a party structure (cut into, increase, reduce, expose etc.) then notice under the Party Wall etc. Act 1996 (the Act) is required to be served on the adjoining owner(s). A common misconception is a Party Wall Agreement is required but this is not correct and simply does not exist. Notice is to be served and a response received from an adjoining owner(s) either giving their consent or disputing the Notice where, a surveyor or surveyors are required to prepare and issue a Party Wall Award. We would be happy to discuss further your situation and the legal requirement for notice to be served under the Act.
Most insurance policies provide for a surveyors involvement when dealing with a property claim. Claims include fire, flood, subsidence, storm water etc. and in most policies, there is an entitlement to appoint a surveyor to oversee the reinstatement of your property (to the same condition prior to the unfortunate events). You should approach an independent surveyor as soon as practicable after any damage to protect the reinstatement of your property and we would be happy to discuss further your situation.
When purchasing a commercial property there are two main types of survey available depending on the proposed use. If the property is to be owned and occupied by a business then a Building Survey would provide the relevant information for continued maintenance and repair of their asset. However, if the property is to be rented out (leased) then a Schedule of Condition is crucial, both on entry and exit of a lease, to record the condition and determine the leaseholder and landlords responsibilities, under the lease. This is commonly referred to as a claim for dilapidations and we would be pleased to advise further.
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