When embarking on a construction project in the UK, it is important to consider the impact your project may have on the local wildlife and ecosystem as a whole. The UK is home to many unique indigenous species and UK wildlife laws have been implemented to ensure that these species are suitably protected. Breaching these regulations can result in significant project delays, fines, and even legal action. This blog will explore some of the most commonly encountered protected species on UK construction sites, summarise the key wildlife protection laws, explore the penalties for non-compliance and guide you on the necessary precautions that you should take to avoid harming protected species during your construction projects.

Protected Species

1. Bats

Bats are perhaps one of the most well-known protected species. All UK bat species and their roosts are fully protected by law under the Wildlife and Countryside Act 1981 and the Conservation of Habitats and Species Regulations 2017. It is illegal to disturb, harm, or destroy them or their roosts. Bats can often be found in older buildings, roofs, and trees that may be part of the construction zone. However, bats may also be found in newer build properties if they are constructed in a desirable environment. A bat survey is required to ensure their safety before proceeding with any work.

 

2. Great Crested Newts

Great crested newts are another protected species under the same laws that govern bats. These amphibians are often found in ponds, wetlands, and other damp habitats, which could overlap with construction areas. If found on site, development work may need to be halted until proper mitigation strategies, such as creating alternative habitats, are in place. Failing to comply can lead to prosecution.

 

3. Badgers

Badgers and their setts (burrows) are protected under the Protection of Badgers Act 1992. Badgers are nocturnal creatures and usually shy away from human activity, but construction projects near their setts can cause them distress or even lead to the destruction of their habitats. Any development within 30 metres of a sett will require a specific license to ensure their safety.

 

4. Dormice

Hazel dormice (Muscardinus avellanarius) are rare and highly protected mammals in the UK. They prefer dense vegetation and are often found in woodlands and hedgerows, which can be impacted by construction work. If dormice are suspected or confirmed on-site, mitigation measures are crucial, including habitat management and translocation to new areas to prevent harm to the population.

The edible dormouse (Glis glis), predominantly found in southern England, is another species of dormouse that can cause significant issues during construction projects. Known for damaging timber, electrical wiring, and crops, these nocturnal rodents can be a serious nuisance in rural areas. Due to their protected status, a specific licence is required to trap and manage them, helping to prevent damage while complying with wildlife protection laws.

 

5. Birds

All wild birds, their nests, and eggs are protected by law, particularly during the nesting season, under the Wildlife and Countryside Act. It is an offence to intentionally take, damage, or destroy their nests while in use. For construction sites near woodland, hedgerows, or buildings where birds may be nesting, it is essential to carry out bird surveys to ensure no active nests are disturbed.

 

6. Reptiles

Species such as grass snakes, common lizards, and slow worms are protected from intentional killing or injury under UK law. They are often found in overgrown or neglected land, which can coincide with development sites. If present, a reptile survey and mitigation plan are required, which may involve relocating them to a safe environment.

Key Wildlife Protection Laws

Several laws in the UK govern the protection of species and their habitats. Developers must be aware of these regulations when undertaking construction projects:

• Wildlife and Countryside Act 1981: This is one of the most important pieces of legislation for protecting wildlife in the UK. It makes it an offence to harm, kill, or disturb protected species, including bats, birds, reptiles, and certain mammals. It also protects their habitats, such as nests and roosts.
• Conservation of Habitats and Species Regulations 2017 (EU Habitats Directive): This law implements the EU Habitats Directive in the UK, providing additional protection to species and habitats. European Protected Species (EPS), such as great crested newts and bats, are protected under these regulations, which make it illegal to kill, disturb, or damage their habitats without a licence.
• Protection of Badgers Act 1992: This law specifically protects badgers and their setts from intentional harm, killing, or disturbance. Any development near a badger sett requires special consideration and may require a licence from Natural England.
• Natural Environment and Rural Communities (NERC) Act 2006: This act places a duty on public authorities to conserve biodiversity, ensuring that all public bodies, including local authorities and developers, consider wildlife protection during planning and development processes.
• The Planning and Compulsory Purchase Act 2004: Under this law, local authorities must consider the impact of development on biodiversity, including protected species, as part of the planning process.

Penalties for Non-Compliance

The UK’s stringent laws to protect wildlife, and non-compliance can lead to serious consequences. These penalties are designed to ensure that developers and construction companies take their responsibilities seriously. Here is what you could face if you fail to adhere to the regulations:

• Fines: Breaching wildlife laws can result in fines of up to £5,000 per offence for individuals and unlimited fines for organisations, depending on the severity of the violation.
• Imprisonment: In the most severe cases, individuals responsible for harming protected species or their habitats can face up to six months in prison.
• Project Delays: Construction projects may be halted or delayed if protected species are discovered on-site without proper surveys or mitigation measures in place. This could lead to significant financial losses.
• Legal Action: Developers who fail to comply with wildlife protection laws can face legal action from authorities such as Natural England, which can result in both civil and criminal proceedings.

• Reputation: Non-compliance also damages reputations, and developers may find it harder to secure future contracts or planning permissions if they are found guilty of wildlife offences.

How to Manage Protected Species on Site

To avoid costly delays, fines, and legal consequences, developers should take early action by conducting ecological surveys and assessments as part of the design risk assessments and planning process. Here are some key steps:

1. Ecological Surveys – Conduct detailed assessments to identify the presence of any protected species on site.
2. Licensed Mitigation – Obtain the necessary licenses from Natural England or other authorities if protected species are found.
3. Timing of Work – Plan construction activities to avoid sensitive times, such as bird nesting season or hibernation periods for certain animals.
4. Habitat Creation – In some cases, habitat compensation or translocation may be necessary to support wildlife populations.

Conclusion

Understanding and respecting the laws surrounding protected species is essential for any UK construction project. By taking proactive measures, complying with regulations, and learning from case law, developers can avoid project delays, protect wildlife, and prevent costly penalties. Ensuring your project remains compliant not only protects your bottom line and programme but also supports the UK’s vital and unique ecosystems.

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A commercial building survey is one of the most important steps in any property acquisition or lease negotiation. Whether you’re investing in a retail space, warehouse or an office building, the insights provided by a qualified building surveyor can mean the difference between a sound investment and a costly mistake.

Your surveyor’s findings influence purchase decisions, help negotiate prices, and identify potential issues that could affect your business operations. So, choosing the right building surveyor is more important than ever. Follow our guidance on how to choose the right commercial building surveyor for your needs.

Check Their Qualifications

Professional qualifications are the foundation of a surveyor’s expertise and they’re a non-negotiable when choosing a surveyor for your project. The Royal Institution of Chartered Surveyors (RICS) membership is widely recognised as the gold standard in the industry, indicating a high level of professional competence and ethical standards.

The Chartered Institute of Building (CIOB) is another recognised professional body for construction and property professionals. It sets standards for education and professional practice in the construction industry, ensuring your surveyor has met rigorous standards of education and training, and adheres to ethical standards in their work.

Beyond basic qualifications, surveyors should also maintain active licenses and demonstrate commitment to continuing professional development. This ensures they stay current with the latest building regulations, survey techniques, and industry best practices. When evaluating qualifications, look for chartered status and specialist certifications that are relevant to commercial property.

What Services Do They Offer?

Professional building surveyors should offer a comprehensive range of services tailored to commercial properties. These might include dilapidation reports or planned preventive maintenance schedules, for example. The scope of their services should align with your specific needs, whether you need a basic structural assessment or a detailed analysis of building systems. Pay attention to how they structure their surveys and whether they offer customisable service packages to meet your particular requirements.

What Technology and Equipment Is Used?

Building surveying techniques have evolved beyond visual inspections and measuring tapes of years gone by. Leading surveyors today utilise advanced technology such as thermal imaging cameras, moisture meters, and drone technology for comprehensive building assessments.

Certain pieces of equipment allow for greater access to a more comprehensive report. Pole cameras, drones and cherry pickers, for example, can enable surveyors to get a different view of the property and help them read hard-to-see areas like overhangs or gutters. This visibility provides a full inspection and can allow for physical issues like loose sheet fixings, trapped water beneath coverings, and brittle or damaged materials that might otherwise be missed.

Digital reporting systems also allow for detailed documentation and analysis of their findings. The use of this equipment not only improves accuracy but also enables surveyors to identify issues that might be missed through traditional methods. Consider how potential surveyors integrate technology into their work and whether their technological capabilities match your needs.

Cost Considerations

While cost shouldn’t be the primary factor in selecting a building surveyor, it’s important to understand their fee structure and ensure it provides value for money. Quality commercial building surveys require significant time and expertise, and cutting corners to save money can be costly in the long run.

Be sure to request detailed quotes that outline exactly what’s included in the service, and be wary of unusually low quotes, as they might indicate a less thorough approach or hidden costs. Consider the potential cost implications of missing serious defects when evaluating survey fees.

Local Market Knowledge

A surveyor’s understanding of the local market and building environment can be invaluable. Ideally, they should be familiar with construction methods common defects found in local buildings, and area-specific challenges such as soil conditions or weather-related issues.

Vernacular architecture varies considerably around the country too, so having a commercial surveyor who is familiar with them can more accurately assess the building’s condition, potential issues, and the appropriate repairs or renovations to respect the building’s heritage.

Local knowledge extends to understanding planning regulations, building codes, and environmental considerations specific to your area too. A surveyor with strong local connections can provide valuable insights into potential future developments or issues that might affect the property’s value.

Will You Have All the Information You Need?

It’s important that you’re able to make informed decisions, so check that your chosen surveyor’s report provides everything you need. For example, will they provide you with a detailed plan that explains the building and photographic evidence they’re supplying you with? Similarly, will they provide cost advice for your project?

What Insurance and Liability Is Provided?

Professional indemnity insurance is crucial when selecting a building surveyor. This insurance protects you if errors or omissions in the survey lead to financial losses. Request details of their insurance coverage and ensure it is adequate for your property’s value. Professional surveyors should also be transparent about their insurance arrangements and have a clear process for handling any issues that might arise.

Do They Have Positive Reviews?

Before making your final selection, conduct thorough due diligence. Check their references and read client testimonials, paying particular attention to feedback from clients with similar properties or projects to yours. It’s also worth scheduling an initial consultation with potential surveyors to discuss your needs and evaluate their expertise and professionalism. This is also an opportunity to assess their communication style and responsiveness.

Making the Final Decision

When making your final decision, it can help to create a comprehensive evaluation checklist that includes all key criteria: qualifications, experience, services, technology, local knowledge, communication, cost, and insurance.

This research will help you look for red flags such as reluctance to provide references, vague answers to specific questions, or pressure to make quick decisions. Remember that the goal is not just to complete a survey but to gain valuable insights that will inform your property decisions and protect your investment.

At Bradley-Mason, we’re RICS-accredited chartered surveyors with a wealth of knowledge on construction and property-related matters. Contact us to arrange a commercial building survey for your property or for more information about any of our services.

As UK commercial property service charges continue to rise at levels outstripping inflation, it is now more important than ever for occupiers to check and verify the accuracy of their demands, to ensure value for money and avoid over-payments and charges.

Commercial property service charges are often complex and represent a balancing act for landlords wishing to protect the value of their assets, whilst also maintaining good relations with their tenants.

Owing to the macro and micro economic climate impacting service charges, we are seeing a trend of continuing and significant cost increases, for a variety of reasons that are further discussed below.

Firstly, inflation will and is having an impact, albeit service charges are found to have typically increased at double the rate of inflation over the last five years.

Major project works are often the main cause for significant service charge increases. With interest rates in the UK not falling as quickly as expected, several investment and development deals remain paused, and there is a general trend that landlords are seeking to invest in, and maintain, their current assets at this time. In addition, it was not possible to carry out these major project works for a period during Covid-19, and many of these large-scale repair and maintenance schemes are now finally being progressed to site.

Construction cost inflation also continue to rise, peaking at around 10% and are now sitting at between 2-3%, meaning many of the large-scale repair and maintenance schemes postponed during Covid-19 are now costing significantly more than they would have previously.

Other trends and pressures on costs that we are seeing relate to the growing importance of ESG initiatives, particularly with institutional fund landlords. It is now common for UK Living Wage mandates to be adopted, which has resulted in security and cleaning costs increasing at around 9-10% on average, over recent years.

Similarly, building insurance premiums are at a record high and this impacts and increases the service charge. In some instances, leaseholders are also faced with significant increases owing to building safety compliance works that have been identified and deemed necessary under The Building Safety Act 2022.

Finally, we have the UK energy crisis, with utility costs having fluctuated wildly in recent years, in particular, electricity prices in the UK, which peaked and reached a record high in August 2022. There was another noticeable spike in December 2022, since then prices have stabilised. Many service charge Budgets for 2023 were based on these record highs, perhaps reasonably so. However, subsequent service charge Budgets for 2024 and going into 2025 should reflect the stabilising of electricity costs and in many cases, this is not being seen in practice and should be queried and challenged.

Service charges case law also continues to evolve, encompassing many of the hot topics that are currently prevalent across the UK real estate industry. At the end of 2024, the case of Avon Ground Rents v Pilgrim was heard in the Upper Tribunal. This related to a block of residential flats in Luton, where the landlord installed solar panels to the roof during construction, as part of the planning permission requirements. No electricity for the common parts was charged to the tenants initially, but this changed after 3 years. The tenants contended this was unreasonable and the judgment found in favour of the tenants, on the basis the landlord’s actions were indeed unreasonable. Caution is however advised, as this was a particularly fact-specific case and in slightly different circumstances, may have resulted in an alternative decision.

That said, with solar panel installs becoming increasingly popular across various asset classes, this will hopefully lead to reduced utility charges in the future for landlords and tenants alike, perhaps helping to buck the trend of service charge cost increases that we have seen in recent years.

If you have concerns about the accuracy of your UK commercial property service charges, please do get in touch to explore how we can assist you. Our expert team of building surveyors will be pleased to conduct a forensic review and detailed challenge on your behalf, to provide peace of mind, and often with significant savings identified.

Please contact us if you require assistance in this area.

 

As the winter months approach, commercial property owners face several challenges that can significantly impact their buildings.

Harsh weather conditions, freezing temperatures, and increased energy demand all take their toll on property infrastructure.

At Bradley-Mason LLP, we understand the importance of maintaining your commercial property year-round, especially during these colder months. That’s why we’re highlighting the essential role of Planned Preventative Maintenance (PPM) surveys and why they’re vital to ensuring your property can remain in the best condition this winter.

The Winter Challenge for Commercial Properties

Harsh weather, elevated moisture levels and regular heating usage can accelerate wear and tear on various building systems, while increased energy demands can strain electrical and heating infrastructure.

Furthermore, winter conditions create unique safety hazards that property owners must address promptly to ensure the well-being of tenants and visitors.

We recommend planned maintenance surveys to address specific components of your building’s long-term infrastructure, in much the same way we recommend commercial building surveys to ensure its structural stability and safety. We conduct PPM building surveys to address various aspects of your property which will prove valuable in helping you understand its effectiveness when the temperature and weather take a turn.

Key Areas of PPM Surveys

A comprehensive PPM survey conducted by our expert team at Bradley-Mason LLP focuses on these crucial areas during the winter months:

1. Roofing and rainwater goods: Increased periods of persistent and intense rainfall, snow, and ice, can accelerate the deterioration of a building’s roof and rainwater goods. PPM inspections highlight any damage, leaks, or blocked gutters, preventing potential water ingress or structural issues from developing.
2. Safety concerns: Slippery walkways and icy conditions pose significant risks and exacerbate existing defects and hazards. Our comprehensive PPM surveys help identify and address potential safety hazards, ensuring your property remains safe for all occupants and visitors.

Benefits of Winter PPM Surveys

Investing in a planned maintenance survey with Bradley-Mason LLP during the winter months offers numerous advantages:

• Cost savings: By addressing issues proactively, you can avoid costly emergency repairs and minimise disruptions to your occupants.
• Energy efficiency: Regular maintenance of heating, insulation, and electrical systems leads to reduced energy consumption and lower utility bills.
• Compliance: Our surveys help ensure your property meets all safety regulations and standards, fulfilling your legal obligations as a property owner.
• Longevity: Regular maintenance and inspections help extend the lifespan of your building components and systems, protecting the long-term value of your property.
• Peace of mind: Knowing your property is well-prepared for winter allows you to focus on other aspects of property management with confidence.

Bradley-Mason’s Approach to PPM Surveys

At Bradley-Mason LLP, we pride ourselves on delivering comprehensive and tailored PPM surveys.

Our approach includes:

• A thorough assessment of your property’s condition and maintenance needs
• Detailed reports using a proven grading system to prioritise high-priority actions
• Integration with our broader building consultancy and project management services
• Leveraging our expertise in commercial property surveys across major UK cities

Our PPM reports provide a strategic tool for property owners to proactively maintain their properties and keep them in optimal condition. We work closely with you to tailor our reports to your specific requirements, considering factors such as budgets, timescales, and any bespoke property characteristics.

Contact the Commercial Building Surveyors at Bradley-Mason for Expert Advice

As winter approaches, the importance of a well-maintained commercial property cannot be overstated. Don’t wait for problems to arise as a result of building negligence during the winter. Take a proactive approach by partnering with Bradley-Mason LLP for your PPM survey needs. Our team of highly experienced Chartered Building Surveyors is ready to help you navigate the complexities of winter property maintenance.

 

Contact Bradley-Mason LLP today to schedule your winter PPM survey and ensure your commercial property is prepared to weather the season ahead.

What is a PPM Survey?

A Planned Preventative Maintenance (PPM) Survey is a tool for property owners to manage budgets and proactively keep their property in a good state of repair. It’s a practical approach to maintenance, designed to avoid failures and unexpected maintenance costs or unplanned disturbances from reactive works. A PPM report identifies the repair and maintenance needs for each element of a property along with estimated costs and timescales. Surveyors work with property owners to tailor the report to suit their requirements regarding budgets, timescales or any other factors that require consideration.

Benefits of a PPM Survey

Understanding the maintenance that will be required to keep your property in a good state of repair has many advantages:

• Longer lifespan of property assets
• Allows you to prioritise works
• Strategic budgeting
• Saves money in the long term
• Prevents long-term damage
• Minimise disruption due to unexpected repair works
• Reduced maintenance costs
• Improved efficiency
• Property enhancements

Bradley-Mason’s PPM Reports

One of the services we provide at Bradley-Mason is PPM Surveys. Once instructed, we survey and assess the current state of the property to decipher the works and maintenance that will be required both now and, in the future, to keep the property in a good state of repair and use this information to put together a schedule of anticipated works and budget costs. The works listed are categorised using a Red, Amber, Green (RAG) system to indicate each item’s priority, budgets and timescales are also assigned to each item. Our surveyors also have expertise in health and safety regulations, fire regulations and building regulations. Their advice will include measures to bring a property in line with current legislation, improving the efficiency of the building and optimising the property’s value.

Our PPM reports include an introductory section, including an executive summary and outline description that describes the construction and make-up of the property and site, and a building condition and repair summary that summarises its condition and items for repair. Any items of concern are flagged.

The main body of the report is in the form of a detailed Excel PPM schedule which breaks down all the costs to each individual element of the building. Each element is described in terms of its construction, condition, work required, and budget figures assigned to specific years/periods. It is also given a priority rating (RAG). We also include a summary page which provides a visual breakdown of the costs in the form of bar charts, pie charts and a summary table.

Finally, photographic schedules, floor plans, roof plans, and site plans are appended at the end of the report for reference.

Our reports can be tailored to suit each client’s needs; We can provide both highly detailed reports with specific costs, and more approximate estimates where appropriate. The timescale of the works required can be altered depending on the demands of each client.

Sixth Form College PPM Survey: Case Study

Brief – Our client required a comprehensive PPM Survey highlighting any major defects and maintenance requirements including budgets and timescales over a 10-year period.

Property – A Sixth Form College located in Leeds comprising of 11 buildings, some of which were linked and interconnecting, of varying types, ages and conditions. There was a large main building internally comprising of a main hall, theatre, canteen, staff room, toilet facilities and numerous classrooms; a detached sports hall; and a number of other buildings containing classrooms and toilet facilities. The property grounds were expansive and comprised of roads, footpaths, car parks, brickwork retaining walls, staircases, grassed areas and boundary walls/fencing.

Survey Findings – Overall, we found the College to be in a well-maintained condition, noting that various ongoing and proposed works forming repairs and improvements to the site were being implemented in the immediate future. Given the age of the property, our surveyors suspected that asbestos could be present; fortunately, the client had already instructed an asbestos survey which our surveyors used to aid their report. Typically, with sites such as these with buildings of varying ages which have been extended and altered significantly and are subject to heavy use in some instances, the internal and external fabric elements deteriorate at different rates due to type, exposure, use etc. As a result, we sequenced works accordingly. This included various further investigations and repair allowances included in the short term for works considered to be of higher importance and which would be of greater detriment to the fabric of the buildings and structure if not rectified. These included:

• Roof repairs
• Roof replacements
• Repointing to brickwork
• Monitoring of cracking
• Window replacements
• Internal redecoration
• Fire door replacement
• Tarmac repairs
• Below ground CCTV drainage survey

The 10-year PPM Report allowed our client to effectively and confidently budget for maintenance and repairs until 2034.

If you think you may benefit from a PPM report for your property or would like to discuss your requirements in this area, please contact us at www.bradley-mason.com.