When seeking a commercial property, you are probably looking for a building that can accommodate you and your business’ needs. It could be that you find a building in the perfect location and of the perfect size, but to which you might need to make some adjustments. In which case, you should be aware that if you rent a business premises in the UK, you are likely to have to accept a repairing liability – meaning that you will be required to leave the property in better condition than it was at the start of the lease. ..

 

Most business premises in the UK are let on Full Repairing and Insuring leases, which means it is up to the tenant to keep the premises in good condition and makes them liable for all repairs, which could include something as expensive as replacing a roof. To avoid this, well advised business tenants should document the condition of the premises before they acquire a lease, by seeking the help of a chartered building surveyor who will conduct a Schedule of Condition survey…

 

What is a Schedule of Condition?

A Schedule of Condition survey determines the condition of the building before any agreements are made, highlighting any existing problems or defects, including ones that might need attention in the future, along with the cost of repairs. This information can then be used to negotiate or renegotiate with the landlord to have them corrected prior to signing a lease and can save you a considerable amount of money.

 

What is included in a Schedule of Condition?

Experienced chartered surveyors will be more than familiar with carrying out Schedule of Condition surveys, so will know exactly what they are looking for. They will review the condition of each element of the property, both externally and internally, covering everything from the ceilings and walls, to external joinery and any facilities included. They will describe the condition of each element in great detail and provide photographic evidence to support what they have found.

 

Does the landlord have to accept the Schedule of Condition?

If you insist upon a Schedule of Condition before signing your lease, it is more than likely that the landlord will agree, but in some instances it can take a fair bit of negotiating. In an ideal situation, the landlord will agree and the survey can be legally attached to the lease, but if for whatever reason the landlord does not agree, it is best to still have a survey carried out anyway and to keep it for yourself. Later down the line, a new landlord might take over the property and you will be the only one with documents to prove the condition of the property before you entered it – you don’t want to end up with a {Schedule of Dilapidations} served upon you.

Inspections can vary for different people and for different properties, so seeking advice from an experienced professional is the best way to determine what you need. At Bradley-Mason LLP, we provide building surveys to suit your individual needs and will offer you the advice you need to move forward. If you would like a Schedule of Condition survey to be carried out on a commercial property, contact one of the team at Bradley-Mason LLP to discuss your options.

 

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.

Whether you are building, selling or renting a property, an Energy Performance Certificate will be required by law. An EPC shows anyone interested in the property its energy efficiency, which will include the running costs of the property and its environmental impact. The energy we use in our buildings for heating, lighting and power produces over a quarter of the UK’s carbon dioxide emissions each year. Having an EPC can help you take the appropriate steps towards reducing your impact on the environment, as well as helping you reduce the cost of your energy bills. At Bradley-Mason LLP, our Building Consultancy team can offer advice on how to reduce your commercial property’s impact on the environment so that your property is rated highly when it comes to energy efficiency. In the meantime, here’s everything you need to know about EPCs…

 

What does an EPC do?

An EPC will rate the energy efficiency and environmental impact of a property from A to G, with A being the most energy efficient. The energy efficiency is calculated on the standard consumption of energy and the cost of energy at the time the certificate is issued, which is important to remember if you are comparing various properties’ EPCs, as it is likely they were issued at different dates. The EPC is accompanied by a recommendations report which will suggest works that could be carried out to help save money and reduce costs, but you are not required to carry out these works.

 

When must you obtain an EPC?

Ideally, an EPC should be obtained before the property goes up for rent or sale, as those interested should be able to view it. However, if the owner of the property does not already have a valid EPC at the time the property goes on the market, he/she will have seven days to obtain one, with a maximum of 28 days under extenuating circumstances. If you fail to provide an EPC, Local Authority Trading Standards can issue you with a fixed penalty of £200, with six months to pay it. You’ll also need an EPC if your building changes significantly in some way.

 

How do you get an EPC?

As a landlord, you can undertake necessary training to issue your own EPC, as it can be obtained from any accredited provider. However, it is much more worthwhile to simply find an already-accredited assessor, such as Bradley-Mason LLP, who will assess your property sufficiently before producing a certificate. The certificate will be recorded on a central register.

 

How long does an EPC last?

An EPC lasts for ten years and can be used many times during this period. If you require work to be carried out on your property you do not need to have a new EPC, although it is wise to obtain a new one if your property has undergone a significant amount of work.

At Bradley-Mason LLP, we believe it is each individual’s responsibility to ensure that they are doing what they can to reduce their impact on the environment, and an EPC will help any proprietor to do so. Our team have wide ranging experience in all commercial sectors, together with residential developments, that includes knowing the best ways to increase energy efficiency. If you would like more information on how we can help you with your project management, or would like us, as accredited assessors to provide you with a valid EPC, get in touch, today.

 

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.

If you are a commercial property owner, you should have regular assessments of your property value to ensure that you are adequately insured in the event of a fire or other disastrous incident.  Should a worst case scenario event take place, an incorrectly valued property may mean that your insurance will be insufficient to meet the costs of a rebuild – a naturally devastating position for any business.  To ensure your business is covered, a chartered building surveyor can carry out a reinstatement cost assessment (or RCA) on a variety of property types, which we present as full measurements and calculations, as well as desktop reviews.  Here’s everything you need to know about the processes behind an RCA.

What is an RCA?

As outlined above, an RCA is an assessment carried out by a chartered building surveyor that is used to calculate what the cost would be to rebuild your property in the event of a disaster.  The assessment can also be used to help advise you on the total cost of demolition or the value of your property if a DRC (or depreciated replacement cost) valuation is undertaken.  They are necessary to ensure that you have the funds or insurance cover you would require to rebuild your property should it ever be necessary in order to ensure the successful running of your business. It is equally important to ensure you are insured for the correct amount, as even for a smaller claim, some insurers will cross check the insured figure and may only make part payment if they consider you are under insured.

 

Who is responsible for an RCA?

If you are the owner of a commercial property, you are responsible for ensuring that an RCA is carried out on a regular basis.  If you lease your property, it is usually your responsibility as the property owner to ensure that an appropriate level of insurance cover is in place; however, it is worth checking your lease as in some cases the responsibility may instead lie with the tenant. If any changes to the building are made, a further assessment should be carried out in case the cost has increased or decreased.

 

What information is needed for an RCA?

Naturally, our surveyors will need to know an accurate address and be granted access to all areas of the property.  As well as this, we may need to see building plans, health and safety files and other documents of importance. The surveyor will then take the building’s age, construction, height, location and services into consideration when making their calculations.  The more information you provide, the more advice we can offer, and the more accurate your RCA will be.

 

How often should an RCA be carried out?

Current advice suggests that an RCA is carried out every three years, with a simple desktop re-evaluation carried out annually.  As well as this, any changes, extensions or improvements to either the interior or exterior will require another RCA to be carried out.  The accuracy of an RCA is vitally important.  If a serious event does occur and your property is in need of a rebuild, an undervalued RCA could mean that you may not receive the funds needed to cover the costs; by contrast, an overvalued RCA may lead to a legal battle that could threaten your chances to receive any funds.

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.

 

In 2010, a new Equality Act came into force that brought together over 116 separate pieces of legislation into one single act. This act maintains the duties previously imposed by the Disability Discrimination Acts of 1995 and 2005, for which non-compliance can incur serious consequences. Whether planning to build a new commercial property, or take over or extend an existing one, you must ensure that you meet your obligations under the act, by being aware of any physical accessibility restrictions, and your legal responsibility. An access audit, carried out by professional chartered surveyors, could offer you advice and management solutions to improve the access to your building, making sure you are completely compliant with the legislation. Below, we’ve created a guide to help you gain a better understanding of the Disability Discrimination Act and access audits…

 

What is the Disability Discrimination Act?

When the Disability Discrimination Act came into force, it made it illegal to discriminate against a disabled person, whether this be in employment, transport, education or service provision, for reasons related to their disability. It requires employers, education providers and service providers to make necessary adjustments to adhere to their needs and avoid discrimination. The Equality Act covers the disability discrimination, as well as race, gender, religion, sexual orientation and age discrimination.

 

How is the act enforced?

There is actually no local authority or government officer to enforce this legislation, which is relatively unusual, but, should a disabled person or other individual find that you are discriminating against disabled people, they can choose to bring civil action against you, or your organisation. This could not only cause your company to incur a large fine, but could also damage its reputation.

 

What does an access audit do?

An access audit is an assessment of a building or an environment against best practice standards to evaluate its accessibility for disabled people. At Bradley-Mason LLP, the focus of any access audit we carry out is not simply to recommend the optimum changes, but rather to avoid unnecessary expensive changes whilst still meeting the needs of your staff and visitors. It is not always possible to make large changes to a property.  For example if a property is listed, or there are structural obstacles to consider, or if changes are so dramatic that they come with a prohibitive cost. We base our access audits on what is required by the Equality Act and what is reasonable for you to do.

 

What does an access audit cover?

Before an access audit begins, we will need to determine how the Equality Act applies to you, as it can vary slightly between employers, education providers and service providers. Proceeding with your audit, we will travel the ‘journey’ of a disabled user around your commercial property, covering the approach and car parking, entrances, corridors, lifts/stairs, etc. Depending on what your property is used for, we will assess all areas of access. For each issue we find, that must be amended to fulfil the requirements of the act, we will provide photographic evidence and recommendations on how you can correct the problem.

At Bradley-Mason LLP, we understand that when taking on a commercial property, there is a lot you must consider, which is why we recommend expert project management, and offer our services, to help make your job easier. We can consult where applicable in your built asset, not only in access audits, but in many other areas of construction too. For more information on the services we can offer, explore the website, or contact a member of the team, today.

 

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.

Both residents and owners of commercial properties ought to be aware of the numerous building surveys that may need to be employed during their term.  One such survey offered by chartered building surveyors such as Bradley-Mason LLP is the building defects or pathology survey, and it’s a particularly important process when it comes to retaining the structural integrity of a property and the safety of its occupants.  So what is a building pathology survey, what is it for and what do we look out for when we visit your commercial property?  Our short guide seeks to make the whole process that much clearer…

What is a building defects survey?

A building defects or pathology survey is essentially an overview of any weaknesses a commercial property might possess.  Such surveys are important when a property changes hands – either through sale or lease – or when any occupants or owners have identified what they believe to be a problem.  Building pathology surveys are necessary to keep both occupants of and visitors to a property safe, whilst maintaining the structural integrity and security of the building in future. There are different levels of building pathology survey, with the specific details to be agreed ahead of time by the client.  Once the chartered building surveyor has viewed and analysed your property, they will issue a detailed, clear report outlining any defects and the actions necessary to remedy them.

 

What defects do we look out for?

During the course of a building pathology survey, the chartered building surveyor will look out for a number of potential defects that could undermine the safety of staff, customers or visitors, as well as the value of the property.  Below are just a few of the issues we look out for on our surveys:

 

• Timber decay – Timber decay is an issue that affects many commercial properties, particularly older or listed buildings.  In some older properties, roofs and ceilings are supported by robust timbers; should these rot or degrade over time then the structural stability of your property could be jeopardised.

• Dampness – Damp is a pervasive problem in properties both old and new, and can cause any number of different health and safety issues: from respiratory problems to infection.  Damp can also damage the structure of your building, undermining floors, walls and ceilings.

• Cracking – Cracking is a problem that often hints at more serious issues, including subsidence.  Building pathology surveys can determine the cause of cracking and offer suggestions as to how to rectify the issue in future.

• Flat / metal roofs – Flat and metal roofs are particularly common in commercial properties, but both can cause problems for occupants and owners alike.  Inclement weather conditions can take their toll on the roof of your property, but building pathology surveys can help to work out the extent of the problem.

• Cladding – Certain materials are more suitable for external cladding than others, particularly in areas of increased exposure.  Timber cladding has become increasingly fashionable in commercial properties of late, and so building defects surveys need to be on the lookout for water ingress.

• Non-structural defects – Whilst the above examples all deal with structural elements, surveyors may also note more cosmetic defects such as damaged gutters, broken windows or collapsed property fences.  These will rarely impact the structural integrity of the property in question directly, but may have knock-on effects if not corrected to value and long-term upkeep.

 

The above are just a few of the potential issues your commercial property could encounter, and defects surveys are necessary to ensure that such problems are not allowed to progress unchecked. If you should be in need of chartered building surveying services this year, contact us to find out more about how we can help.

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.

 

Dilapidations are complex agreements, and disputes between landlords and their tenants are common. Significant amounts of money can be involved in leasehold liability settlements, and unless both parties know exactly where they stand, amicable conclusions can often remain elusive. In some instances where Dilapidations are particularly hotly disputed, the matter may even need to be settled in court. Is it in your interests to pursue legal action, however, or should you endeavour to reach a more amicable agreement? Find out more about the process of settling dilapidations disputes with the help of our expert chartered building surveyor advice.

Settling out of court

Fortunately, the majority of dilapidations will be settled out of court. Dilapidations agreements are written into tenancy contracts before they’re signed, so most tenants of commercial properties will understand what is expected of them once they occupy their new premises. Should those tenants alter your property in any way, through accidental damage, refurbishment or redecoration for example, they will be required to restore said property to its original state. Most tenants will be amenable to such agreements, and only very occasionally is there cause for any dispute. Bradley-Mason LLP has an excellent track record of settling claims out of court and before lease termination, allowing both Landlords and Tenants the chance to secure fair and reasonable settlements.

 

Taking legal action

When disputes do occur, however, they can be fiendishly difficult to resolve. If you have a dilapidations agreement in place and your tenants have altered the property through direct actions of their own, you’ll be in a strong legal position to ensure that they fulfil their obligations and pay to have your property restored. Problems arise, however, when damage occurs to your property that could conceivably have come about through no fault of the tenant’s. For example, cracks in interior walls may have occurred due to poor maintenance or as a result of refurbishment, but they may also have been called by subsidence, age or other natural actions. If you can’t agree between you who is liable for the damage, you may need to take the matter to court.

Needless to say, a courtroom battle is the last thing you need in this instance. If you take your tenants to court and lose, not only will you have to end up paying to repair the damage to your property anyway, but you’ll have to cover your legal fees and perhaps those of your tenants too. On top of this, a courtroom dispute can often damage a landlord’s reputation and make new tenants harder to come by. Many of these same points hold true in reverse for tenants disputing claims too.

Steps you can take

It is possible to avoid such trauma, however, and settle your dilapidations out of court. First, it’s important to ensure that the dilapidations agreement in your tenancy contract is clear and legally binding, leaving your tenants no wiggle room with which to exploit your lack of preparation. When your lease is due to expire, call on Bradley-Mason LLP’s Dilapidations Surveys to help resolve the matter as quickly as possible. In the last twelve months we have settled 75% of all landlord claims within the first three months. If you’re anticipating a lengthy dilapidations dispute between yourself and your tenants, contact us and find out how we can help save you money and time this year.

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.