bradley.mason, Author at Bradley-Mason LLP

Overview of HM Land Registry Title Plans and their Features

Posted on November 2, 2023February 28, 2024 by bradley.mason

Land Registry title plans are a crucial document in both commercial and residential properties for officially recording the details of a property and ensuring the property’s rights are accurately documented. Since 2003 it has been law for the plan to be compliant with the Land Registry guidelines. A plan comprises of a detailed scaled drawing that outlines the specific area of the property or premises being included in a transaction. In a commercial property, the title plan can often break down specific areas of larger buildings or complexes which are being sold or leased.

Title Plan Submission

The Land Registry requires the submission of a title plan in various situations, including:

• Registering a property for the first time.

• Since 2003 it is the law that any new lease longer than 7 years must be registered.

• Transferring the ownership of a property.

• When dividing a property into multiple plots.

• May be required when applying for planning permission to show the exact location of the property.

For the plan to serve its purpose it must include several important features:

• Defining the Subject Area – The plan clearly defines the area of the premises subject to the lease. This can include office, warehouse and retail space, or other parts of the building or wider external areas that the Tenant is taking control of.

• Measurements and Scale – The accuracy of the plan can be crucial in disputes and denoting the lease area in terms of its floor space. This can also be important in calculating business rates for the property. The preferred scale of the drawing is often 1:1250 or 1:500 for properties in urban areas and 1:2500 for properties in more rural areas. Each plan must show sufficient detail so it can be identified on an Ordnance Survey map.

• Orientation and Level of the Property – The plan should clearly show the orientation of the property, typically north, to help further identify it. The level of the property should also be noted which is especially important when the property covers several floors.

• Common Areas and Rights of Way – Coloured lines are used to detail the leased area and any areas shared by multiple Tenants, such as hallways and car parks. Rights of way must also be clearly defined on a land registry-compliant plan. There are no specific colours required on the plan, however, it is common for red to denote the leased area and blue or brown to identify communal areas and rights of way.

In summary, a title plan provides a visual representation of the areas of a property. It documents important features and plays a crucial role in defining and documenting the sold or leased space, and as a legal document can hold up in a court.

Figure 1: Example lease plan

DISCLAIMER: This article is for general information only and not intended as advice. Each project has its own set of unique circumstances, all potential issues should be investigated by a surveyor on a case by case basis before making any decision.

Reinstatement Cost Assessments – The Pitfalls of Online Calculators!

Posted on September 25, 2023February 28, 2024 by bradley.mason

We recently carried out a Reinstatement Cost Assessment (RCA) of a small industrial estate comprising of six self-contained units with a gross internal floor area of 903m² and an external area of 237m². The terraced building is of a steel portal frame design with brickwork to mid height and profile metal cladding above all under an asbestos cement roof covering. The estate benefits from a large concrete service yard at the front and is bounded by a combination of palisade fencing and brick masonry walls. There is also an operational railway line running parallel to the rear site boundary.

We were commissioned to undertake an assessment of the property by the Landlord but unbeknown to them a separate assessment had also been requested by their Managing Agents using a popular online cost assessment calculator.

Based on a Day One insurance basis, we assessed the total declared value to be £1,494,289.75. The online cost assessment totalled £1,165,509. The online assessment includes a number of assumptions and fundamentally, failed to identify the presence of an asbestos cement roof covering and the operational railway line at the rear.

If the Landlord was to choose the online assessment to reduce their annual insurance premium, the reality is that they could be underinsured by £328,780.75 or 78% of the true rebuild value. If they were then to make a small claim for say fire damage amounting to £250,000.00 and the insurers were to apply an ‘averaging clause’ then they could potentially only pay out 78% of the £250,000.00 (£195,000.00) leaving a deficit of £55,000.00.

Whilst the online cost assessment was significantly cheaper, three times in this instance, most commercial Leases include provision to recover these costs. Our RCA calculation sheets include a mechanism to calculate adjustments at the next insurance renewal date using the Tender Price Index (TPI) which will automatically adjust the figures to account for inflationary effects etc. This can be done for a three-year period as recommended by the RICS before a new RCA would need to be prepared. We offer this service free of charge, so on that basis, our fee to undertake an RCA can be spread over a three-year period which makes us comparable to an online service without the potential risk of being underinsured.

So please think carefully before choosing online assessments and make sure that you have read and fully understand the small print. If in doubt check with your insurers or get in touch with us here at Bradley-Mason LLP.

A Guide To Brick Bonds

Posted on August 14, 2023February 28, 2024 by bradley.mason

What are Brick Bonds?

Brick bonds are how bricks are arranged within a wall and can provide a decorative finish to what can be one of the main components of a building. Across the many types of bonds that can be used to build a wall, the test of time has rendered a few favourites in terms of their integrity and decorative appeal. The Stretcher Bond offers simplicity, while the Flemish Bond showcases intricate alternating patterns. The English Bond provides superior strength as the stack bond relies on its ease of laying and reinforced internals to give it its uses in buildings.

Stretchers are the brick’s longest edge whereas the shorter edges are referred to as headers. Below we will discuss some common bonds and their key characteristics:

Types of Brick Bonds

Stretcher Bond:

This is where only stretchers are laid, offset by half a brick in each course. This bond is the most common in the UK and is often found on either side of a partition wall, bound together by wall ties. Stretcher Bonds appear uniform and are easy and fast to lay. Because they are only one brick thick, they often take the form as a facing layer to buildings, this helps reduce costs as cheaper and less aesthetic materials can be used on inner layers. The downside to this bond is its lack of strength. With it only being one brick thick it struggles to maintain its stability as the wall gets higher, this is why wall ties are used.

English Bond:

The English Bond is one of the oldest types of bonding and is still used for its noticeable appearance to this day, however now regularly the headers are only half thickness. This bond consists of alternating courses of headers and stretchers giving it superior strength and load bearing capabilities. There are often decorative additions to this bond, for example a different colour can be used to highlight a diamond shape within the brickwork.

English Garden Wall:

This bond consists of one course of headers for every three courses of stretchers, again giving it a distinct and unique pattern. The English Garden Wall allows the use of less facing bricks and in turn means there is less need for every brick to be perfect.

English Cross Bond:

Largely the same as the English Bond, however every other course is offset by half a brick’s length. This provides further strength to the English Bond by moving the lines of pointing further away from each other.

Flemish Bond:

The Flemish Bond moves away from separate rows of headers and stretchers and combines them into one course. Each consists of alternating headers and stretchers with the course below offset so the header of the below course meets the centre of the stretcher on the above course. The Flemish Bond first appeared in the UK in the 17th century and is now synonymous with the Georgian era.

Flemish Garden Wall:

This bond is closely related to the Flemish Bond, with three stretchers in between each header instead of just one. Like the English Garden Wall, the Flemish Garden Wall Bond results in fewer facing bricks while maintaining the intricate and appealing bond.

Monk Bond:

Similar to the Flemish Garden Wall there are only two stretchers in between each header with the Monk Bond. The headers are central to the gap in between each pair of stretchers making for another decorative and strong bond with no crossing of the pointing in between each brick.

Header Bond:

Back to a simple bond, the Header Bond consists of layers of headers each offset by half a brick. This provides greater strength and stability than a Stretcher Bond due to its double thickness however this does use the most facing bricks owing to how short each face is.

Stack Bond:

Finally, the simplest, but weakest bond is the Stack Bond. This is layers of stretchers all stacked in line. This offers simplicity and uniformity but is the weakest of all the bonds. To improve its load-bearing qualities this bond is often combined with metal wire in between each joint.

Conclusion

It is clear each bond has their own qualities and downfalls in terms or aesthetic appearance and strength. Historically each bond gives a nod to an era of buildings defining them and giving them character. As we progress further into modern methods of construction, the strength of each bond may become obsolete as we commonly only use them as facing layers.

An Introduction To Dilapidations

Posted on May 25, 2023June 25, 2024 by bradley.mason

What are Dilapidations?

Dilapidations is the term normally used for repairs required under a Lease. Most commercial Leases in the UK place an obligation on the Tenant to undertake a variety of repairs, decoration and other express covenants which may include complying with Legislation, cleaning the Premises or reinstating any alterations at the end of the Lease. Dilapidations is the term generally used for the works which a Landlord asks a Tenant to undertake either during the term, or at lease end.

The Difference Between Residential and Commercial Tenancies

In the UK the main difference between most residential and commercial agreements is that typically a Landlord would be responsible for the repairs to a residential property and the Tenant would be responsible for repairing a commercial demise. The exact terms of this are dependant upon the terms of the Lease, which is the Contract between the Landlord and Tenant. The basic legal principles of any Dilapidations Claim is therefore based on Contract Law.

Record of Condition

There is often a requirement to record the condition of a building either prior to a Lease or before some construction work or access onto a property is made. This is often referred to as Dilaps or Delaps although this would normally be called a Schedule of Condition. This is a detailed record of the condition of the building and when used in a Lease can be very useful to limit a Tenants liability at the end of the term or illustrate works a Landlord is claiming.

What is a Schedule of Dilapidations?

A Schedule of Dilapidations is the document which the Landlord would prepare to identify the works required by the Tenant. This would typically identify why the Tenant is in Breach of the Lease, what Lease clauses they should comply with and the works a Landlord considers are necessary. In some cases the Landlord may advise the Tenant of the cost of these works. If served during the Term this is known as an Interim Schedule of Dilapidations, or in some cases a Repairs Notice. If the Lease is about to end the document may be called a Draft Terminal Schedule of Dilapidations, and if the Lease has ended then the Landlord would be making the claim for Terminal Dilapidations. The final claim is also known as a Quantified Demand.

Interim Dilapidations

If a Landlord is concerned over the condition of their property then under most modern Leases a Landlord can undertake an inspection, assess whether the Tenant is complying with the terms of their Lease and issue a Notice on the Tenant. Depending upon the wording of the Lease, the Landlord may issue a Section 146 Notice or a Simple Repairs Notice which the Tenant must comply with. In some cases if the Tenant does not comply, the Landlord can enter the property, undertake the work and claim back the cost from the Tenant.

Does the Landlord Have to Serve a Schedule of Dilapidations?

Overall there is no obligation on the Landlord to remind the Tenant of the works they should undertake under a Lease. It is the Tenants responsibility to read the Lease and undertake the works required by their Lease. Under most Leases, a Tenant is required to reinstate any alterations they make and in some cases a Landlord must notify the Tenant if they require reinstatement. This is not always the case and the Lease will often place the obligation on the Tenant to reinstate any alterations they have made.

How do you Assess the Standard of Repair?

This is something a lot of Tenants are unsure over, in particular if they are undertaking the work. The wording of the Lease will typically state the extent and quality of works required and in some cases this may be limited to the condition shown in a Schedule of Condition, which would record the state at the start of the Lease. The age and character of the building is also important as the standard of repair on a new property may vary from a short term Lease on an older site, which may have been let many times. A basic principle which is often followed is that a Tenant is required to undertake the repairs, to a standard which would be acceptable to a reasonably minded Tenant, having regard to the “age, character and location of the property”, on Lease commencement.

How do you Know What Work to Undertake?

Hopefully most Landlord’s would be helpful in advising the Tenant of the works which they consider needed by the end of the Lease. In some cases a Landlord must notify the Tenant if reinstatement of alterations are required and in some cases the colour of decoration, the type of carpet or similar must be agreed with the Landlord. If a Tenant is unsure or requires more detailed advice then it can be useful to prepare a Dilapidations Assessment. This can be prepared by a Chartered Building Surveyor and it would be similar to a Schedule of Dilapidations. It would review the Lease, consider the Tenants obligations, assess the condition of the building and suggest the works which may be required. This could be useful if a Tenants requires an early indication of work required. It is also very useful to provide a future Dilapidations budget, in particular if required for accountancy purposes, where under FRS102 a Dilapidations Assessment may be required by Auditors to provide future provision in companies accounts.

Dilapidations Procedures

Procedures should be followed by both Landlord’s and Tenants when dealing with Dilapidation’s. In particular the Royal Institute of Chartered Surveyors provide useful guidance in the form of the RICS Guidance Note, Dilapidations in England and Wales, 7^th Edition. It is also important to follow the Dilapidations Protocol, which is the Pre-Action Protocol for claims for damages in relation to the physical state of a property and this is published by the Property Litigation Association.

What do you do if you Receive a Claim from the Landlord?

Whether received during or after a Lease, the first step would be to check the terms of your Lease or similar agreement to establish if you are liable for the property and the parts claimed. It may be useful to refer to a Chartered Building Surveyor for further advice. If the Lease has ended then the Dilaps Protocol requires the Tenant to respond to the Landlord within 56 days, otherwise they may incur penalties if the Claim proceeded to Court.

The further defence and negotiation of Dilapidations can be a difficult and protracted process and we would recommend the advice of a Chartered Building Surveyor at all stages of this process.

Commercial EPC

Posted on February 23, 2023February 18, 2025 by bradley.mason

Bradley-Mason specialises in providing project management and supporting services for commercial EPC surveyors. With incoming changes to the MEES regulations and the growing importance of accurate energy performance certificates (EPCs), Bradley-Mason makes it as easy and straightforward to get any support and project management services you need.

If you are a commercial surveyor that takes on EPC but would rather not get involved in all the surrounding services, Bradley-Mason can take away the hassle for you.

Whether you are interested in learning more or you would like to work with us for extra services around EPCs for commercial property, please don’t hesitate to get in contact with our experienced and knowledgeable team today.

MEES and how it affects clients

In 2018, the first stage of the Minimum Energy Efficiency Standards (MEES) was brought into effect. This stated that it was unlawful to lease a private rented commercial property or renew a lease unless the building achieves an EPC rating between A and E.

The second stage is due to come into force in April 2023. This will stipulate that all privately rented properties with leases that commenced before April 2018 must comply with the MEES regulations.

Ultimately, this means it is essential to get accurate commercial EPCs for owners of any commercial property that is privately leased. If you are a commercial surveyor who conducts EPCs for commercial clients, we can help make the job easier for you.

What we do

As highly experienced commercial surveyors, Bradley-Mason has extensive expertise in all aspects of commercial property project management. This allows us to provide the support you need to ensure that EPCs can be carried out effectively and efficiently.

We have worked with skilled and trusted providers of EPCs. This means that we are perfectly positioned to provide all of the support and project management services that you need, to allow the project to run as smoothly as possible and to make sure that the EPC complies with all of the relevant MEES regulations.

Why choose Bradley-Mason?

At Bradley-Mason, we have many years of experience providing a full range of support options to commercial surveying services. Our team understands the need for quality and accuracy in everything we do.

We have also built up a strong reputation for our high levels of customer service. No matter whether you help with project management, or if you are interested in a broader range of services, our team will be with you at every step of the process to provide advice and guidance.

Our head office is in Harrogate, North Yorkshire – but we can carry out work everywhere from London and Bristol to Manchester and Sheffield.

If you are interested in working with Bradley-Mason, or if you just want to learn more about the range of services that we provide, contact us today. You can call our team directly on 01423 611 604 or email us at info@bradley-mason.com.

How does a Schedule of Condition protect both landlord and tenant?

Posted on December 20, 2022February 28, 2024 by bradley.mason

Whether you are a landlord with property to let or a business about to enter into a lease agreement, a Schedule of Condition (SoC) is an important document designed to protect your interests. The document is typically prepared for legal and contractual reasons, both for residential and commercial properties.

A Schedule of Condition is generally included with a lease. It is drawn up prior to a new tenancy commencing, with the purpose of equipping both landlord and tenant with a record of the property’s state of repair before occupancy starts. Both parties have the opportunity to consult on the SoC to agree its findings and overall contents.

At Bradley-Mason, our expert team has many years’ experience of all aspects of commercial building surveying and building consultancy. We are routinely involved in preparing Schedules of Condition for inclusion within a lease or a party wall award, advising investors, landlords and tenants.

What does a Schedule of Condition contain?

A Schedule of Condition typically consists of a combination of written statements and photographic evidence to illustrate the surveyor’s findings. This is known as a full Schedule of Condition and offers ample scope for the surveyor to accurately describe the property’s state of repair.

The information is usually set out in a well-structured and easy-to-follow format:

Summary introduction specifying the purpose and scope of the Schedule
Brief description of the property being inspected, and details of its location
Any restrictions on the inspection
Date and weather conditions at the time of inspection
The purposes for which the Schedule may be relied upon
Relevant drawings of the property, identifying rooms
Written schedule of observations, detailing the condition of the property room by room
Accompanying photo and/or video evidence to showcase the surveyor’s findings
Mentions of the types of tests carried during the inspection
Definitions of the terms included within

The most important purpose of a full Schedule comprising both detailed photographs and text is to provide a fair, first-hand insight into the property’s condition. Whether the Schedule is prepared on behalf of a landlord or tenant, contractor or employer, the document is used to identify changes in the condition of the property that could be difficult to visualise without the assistance of detailed photographs and written descriptions.

What is a Schedule of Condition used for?

When a commercial or residential property is to be let, it is good practice for the lease to include a Schedule of Condition in order to document the general condition of the property at the outset of the lease term.

As a factual and impartial record of the state of the property at the beginning of the lease term, the Schedule acts as a benchmark against which the property’s condition can be assessed at a later date, serving as valuable evidence in case of landlord-tenant disputes.

A properly prepared Schedule of Condition can fulfil important functions to assist both landlords and tenants:

It can help protect both parties’ interests by outlining and enabling landlord and tenant to agree the condition of the property, including any repair work that might be needed, at the outset.
The Schedule, including any liability for repairs, are commonly referred to within the lease or tenancy agreement, which sets out the expectations of the tenant to maintain the property’s condition.
It can be used to establish and agree the tenant’s repairing obligations, including any obligations for reinstatement works, under the lease. That way, potential disputes and claims for damages during or after the lease term can be avoided.
On commercial leases, a SoC can act as an invaluable tool to help the tenant limit their liabilities and repairing obligations under the terms of the lease, particularly towards the end of the lease term when they may be facing dilapidations claims from the landlord.
At the end of the tenancy, and often also at specified intervals throughout the tenancy period, the landlord (or his representatives) has the right to inspect the property, using the SoC to determine whether any damage has been incurred since the Schedule was drawn up.

In the event of damages or repair to the property, both the tenant’s repairing obligations contained within the lease agreement and the Schedule of Condition can be referred to. As the Schedule of Condition acts as written and photographic evidence of the state of the property at the start of the lease term, it protects both landlord and tenant when it comes to determining who is responsible for repairs at the property.

Contact us

For more information about how a Schedule of Condition can help protect your interests as a landlord or tenant, or to discuss your specific requirements, please get in touch with our experienced team.

Author: bradley.mason

Commercial Surveyor Services