A party wall is a wall or boundary that is shared by multiple owners or tenants.  Ownership is a complex matter that may require chartered building consultancy to resolve – is the party wall jointly owned, partly owned or owned by one of the parties exclusively?

 

The UK Party Wall etc. Act 1996 aims to prevent, reduce and resolve disputes surrounding party walls and must be considered in addition to standard planning permission processes, where appropriate.  It’s essential to consider the legislation surrounding party walls if you want to adapt, improve or replace existing structures – otherwise you could end up facing tedious (and costly) legal proceedings.  Here’s what you need to know if you’re planning on altering a party wall in future.

 

It’s important to understand that – as the name suggests – multiple parties may claim joint ownership of party walls.  Previously, due to a lack of detailed legislation regarding the disputes surrounding party walls, even the smallest of renovations could have resulted in significant legal battles.  The Party Wall etc. Act 1996 essentially introduced a standardised, simplified system to deal with such boundary disputes.

 

Step 1 – Does my project fall under the terms of the Act?

If you wish to carry out building work that involves altering an existing party structure, building a new boundary wall, or excavating near a neighbouring building (within 3-6 m), then the Act requires that you notify any neighbours who may share the boundary with you.

 

Examples of common types of building work that fall under the above categories include raising the height of the party wall (to build additional storeys), to rebuild a structurally defective party structure, or to simply repair it.  Extremely minor work on party walls, including adding sockets or plaster, doesn’t usually require a notice under the UK Party Wall etc. Act.

 

Step 2 – Obtaining permission

If you obtain written permission from the adjoining owner to proceed with the work, even after agreeing an amendment to the plan, you may continue development as normal.  It’s important to note again that even when an agreement with your neighbours is reached, planning permission and compliance with building regulations are both still required for any development to go ahead.  If you are not able to obtain written consent within 14 days, you must solve the dispute using the framework outlined in the Act.

 

Step 3 – What if we can’t reach an agreement?

If you are unable to reach an agreement with the adjoining owners, the next step is to work with them to appoint an ‘agreed surveyor.’  Alternatively, both parties could appoint surveyors who would then, in turn, agree on a third surveyor.  The appointment surveyor’s task is to resolve the dispute as fairly as possible.  Anyone who is not a party to the dispute can be appointed as surveyor.

 

Step 4 – After the surveyor’s decision

The surveyor’s decision is final and binding unless it is rescinded upon appeal by the court. However, this stage can be costly, should your appeal fail. For further details on each stage of the process, the Department for Communities and Local Government has put together a full explanatory booklet on the Act that should help to answer any remaining questions.

Bradley-Mason LLP is on hand to help resolve any party wall or boundary disputes you may have in future, and to assist with development once those disputes have been rectified.  Contact us today and we’ll help you understand the steps you can take next, offering expert advice for both building owners and adjoining tenants.

 

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.

While some businesses might own the premises they operate from, for others, renting an office, workshop, factory or storage facility is far more cost-efficient.  Leasing a commercial property allows your business the flexibility it needs to grow, so should you want to expand or change the location of your business, you could simply wait until your lease is up and move on.  However, there is more to a commercial lease than finding the right property and paying the rent on time.  At Bradley-Mason LLP, we can offer commercial tenants lease acquisition services including building surveys, leave reviews, advice on licence for alterations and much more, to ensure a happy, hassle-free tenancy, but here are four things you should consider before signing anything!

 What is being leased

It is highly likely that your rent will be one of your largest financial outgoings, so it’s important to know what you’re getting for your money.  A lease review carried out by a building surveyor could check whether your lease includes only the office area you require or additional rooms, corridors and access to outdoor areas, as well as parking and other communal areas.  The building surveyor can also calculate the square footage of the property and check that what is stated in the lease is correct.  If you don’t know exactly what is included in your lease, you won’t know whether or not you’re getting a good deal.

The condition of the premises

Before agreeing to anything, the tenant should have a clear understanding of what they are taking on.  If the condition of the premises is not adequate but the landlord has stated in writing that certain changes will be made in order to comply with applicable laws, such as those relating to disability access and that the building systems are in good working order, then such changes must be made before the commencement date.  If the landlord fails to make the changes in time then you are effectively paying for something to which you did not agree.

Security deposit

When leasing a property, whether it is commercial or residential, you can expect to pay a security deposit in advance.  The conditions of a security deposit will differ between properties, with some landlords giving allowances for general wear and tear.  In order to get your full deposit back at the end of your tenancy, you will need to ensure the property is returned as per the landlord’s requests as stipulated in your lease agreement.  If you do not, you could be served with a Schedule of Dilapidations which lists the allegations, suggested remedial works plus the costs, which are often taken from the security deposit.

What the landlord will provide

When leasing a property, you really will have to investigate every inch of your agreement to ensure that everything you expect to be included actually is.  From electricity, gas and water, to being able to use the workspace after normal working hours, should you want to work or open late.  Again, your lease review carried out by a chartered surveyor can investigate this for you.  It is important to discover exactly what is included so that the running of your business is not interrupted.

When leasing a commercial property there is a lot of consider, but this needn’t mean it has to be particularly stressful or complex process.  With the right professional help and guidance, you can enjoy the flexibility and success a commercial property provides you with in no time at all and with little disruption to your business or your life.  If you would like further information on the range of building consultancy and project management services Bradley-Mason LLP can offer, contact 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.

 

You might have thought that those who invest in commercial property are commonly those who do so to treat the property as an asset of part of a larger company, but while in the past this might have been true, an increasing number of small private investors are beginning to realise the potential of such an investment.  Those who have experienced the benefits of buy-to-let are now looking toward investing in commercial property because the advantages can be rather more attractive than those of investing in residential property.

 Although investing in a commercial property might seem a little too complex, with chartered building surveyors on your side offering their extensive experience in property investment, you wouldn’t have to worry if you were unsure about your acquisitions, maintenance and compliance roles, as they could offer their advice and expertise to help you every step of the way.  Here are just some of the advantages investing in a commercial property can offer compared to investing in a residential property…

Higher income

A commercial property will generally offer you a higher income compared to a residential property, mainly because the property will be more expensive, its value being related to its useable square footage, and the yield is often higher per square foot.  The more you pay for a commercial property, the more you can charge your tenants.  Although the value of a commercial property will increase at a slower rate than that of residential property, if you combine income with capital growth the return is likely to be significantly higher in comparison.

Long-term leases

The lease of a commercial property is agreed for a much longer period than the common six-month tenancy agreement of a residential property.  When a tenant leases a commercial property it is usually with the intention of staying for some time, so a lease of anything up to fifteen years is quite common, meaning there may be a lot less management involvement needed from the landlord or the agent, and the guarantee of a constant, flowing income.

Rent increase

With such long lease agreements, you might think that it would be impossible to ever be able to increase the rent, but in addition to a longer lease, it is accepted practice to review the rent every three to five years so than the income return on the property is kept in-line with price inflation.  Therefore, you can treat your commercial property as a real investment, almost like a pension, as you will always be making a return on your investment.

Reliable tenants

Commercial tenants are often thought of as more reliable as their livelihood depends on the property.  While a residential property owner might be liable to pay for repairs, which might incur additional costs, commercial tenants are often expected to pay for any necessary repairs during their extending tenancy agreement, depending on what is included in their contract.  The contract usually stipulates that the tenant must return the property as it was when they first began tenancy.

Due to the long-term leases and therefore consistent income and steady capital growth, a commercial property is a worthwhile, generally hassle-free investment.  If you are considering investing in a commercial property but would like further advice or guidance, contact Bradley-Mason LLP today for a free consultation and let us see how we can help you.

 

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.

As a tenant, your responsibilities under the terms of your lease agreement could be manifold. If you fail to fulfil your obligations in regards to dilapidations agreements, you could very well find yourself in court paying for legal fees and fines on top of the cost of restoring your leased commercial property to its original condition. So, what should you look out for ahead of the end of your lease? What do you need to do to ensure that you’ve fulfilled your obligations as a tenant? Chartered building surveying experts such as ourselves can help to guide you through the dilapidations process.

Accidental damage

All commercial tenants must ensure that their leased buildings are returned to their landlords in an adequate condition at the culmination of their tenancy. That, of course, means repairing any damage that may have occurred as a result of your occupancy. Cracked plaster, damaged door frames, warped floorboards and other forms of external or interior damage will all need to be spotted and repaired before you depart the premises.  Dilapidations surveys will help you determine whether property damage is your responsibility or not dependant on your lease.

Mould / rot / water damage

It’s not only physical damage that will need to be rectified when your commercial lease comes to an end, however. Other factors could fall under the terms of your lease, too, with problems such as damp, mould, dry rot and water damage proving equally destructive to a commercial property. Your washroom and shower facilities may have deteriorated over time, while mould and rot can often accumulate in the corners of office rooms. If these problems are allowed to persist then they can make buildings unsafe, and it’s up to you to clear them up before your lease comes to an end. Otherwise, you may have failed to comply with the dilapidations clause in your lease agreement.

Renovations / modifications

It’s not uncommon for commercial tenants to modify or renovate their leased properties over time, but depending on the terms of your lease agreement, you may be obliged to restore such changes to their original condition when you leave. Even if you feel that your renovations have improved the property your landlord may not agree, and will require their property be restored once more before your lease ends. If you’ve added or knocked through dividing walls, added extensions or converted rooms, you’ll have to undo these changes at your own expense at the end of your lease.

Redecoration / maintenance

Over time, every building will begin to show signs of wear and tear, and your leased commercial property will be no exception. Most commercial tenants will be required to ensure that they keep their leased premises well maintained during their tenancy, and some will even be obliged to redecorate the building when they move out. Faded or marked paint, walls holed or damaged from picture hooks or other fixtures and broken or damaged utilities will all need to be rectified pending your move.

There’s a lot to look out for and a lot to consider when your commercial lease comes to an end, but in order to comply with your lease agreement you’ll need to make sure that nothing escapes your attention. Fortunately, you won’t have to go through the process on your own. Our dilapidations surveys have helped to save tenants on average 50% on their settlements, so be sure to contact us before your lease comes to an end and save yourself a lot of time, money and effort.

 

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.

Chartered building surveyors such as those at Bradley-Mason LLP continually expand their knowledge of the most recent government legislation and industry standards, which allows us to help landlords and tenants to remain safe & compliant during occupancy of a commercial property.  Certain legislative changes affect the way in which we do our jobs, while others affect your responsibilities and roles as a commercial landlord or tenant.  One such piece of legislation is the Dilapidations Protocol, first implemented in January 2012.  But what actually is the Dilapidations Protocol, and what does it mean for you?  We’ve compiled this short guide to help you find out…

 

What is the Dilapidations Protocol?

The Dilapidations Protocol is a piece of legislation passed by the Property Litigation Association in January 2012, which has been endorsed by RICS and is now considered to be industry best-practice.  The Protocol had been germinating since 2000, however, and has only recently been put into practice.  Addressing a commonly cited problem within the industry, the Property Litigation Association identified the need for a process to prevent landlords from making exaggerated dilapidations claims at the end of a lease agreement, leading to the first draft of the Dilapidations Protocol as early as 2002.  This first edition of the Protocol was endorsed by RICS at the time, although various amendments suggested by the government worked to put the Dilapidations Protocol on hold for some time.  Finally, however, the Protocol was passed, and it is now in effect today.

 

Why was the Dilapidations Protocol implemented?

There are a number of reasons why the Dilapidations Protocol came about in the first place.  For a long time, commercial tenants had been more or less at the mercy of landlords, some of whom took the opportunity to make exorbitant, exaggerated claims at the culmination of a lease agreement.  Disreputable landlords would ask for dilapidations settlements far in advance of any losses actually related to repair, maintenance or renovation of a property, and in many cases tenants would have little choice but to meet these demands.  Unfortunately, some landlords had realised that their commercial tenants would rather avoid litigation and settle matters out of court without the assistance of a firm such as Bradley-Mason LLP.  Often, these tenants had little proof with which to defend themselves against exaggerated claims.

 

What does the Dilapidations Protocol mean for you?

With the Dilapidations Protocol in effect, the days of exaggerated claims and ‘horse-traded’ dilapidations settlements are behind us.  Whilst in reality, the majority of landlords are honest people who wouldn’t dream of exploiting their tenants, the Dilapidations Protocol acts as a safety net for tenants and defends them from such undesirable eventualities.  The Dilapidations Protocol now demands clear channels of communication between landlords and tenants, encouraging both parties to disclose pertinent information and co-operate in order to avoid future disagreements.  Documentation is now required on behalf of both landlords and tenants, with a schedule of dilapidations due within 56 days of the expiration of your lease. Following the schedule of dilapidations, a landlord’s endorsement is necessary to ensure that both parties are satisfied with the works that are to follow.

The Dilapidations Protocol is a legislative agreement designed to make commercial lease agreements fairer and more straightforward in future, and while it’s a positive step, we understand that it can sometimes appear difficult to follow.  Fortunately, we’re here to help. If you’d like to find out more about the Dilapidations Protocol or use our dilapidations surveys to calculate your costs at the end of a lease, don’t hesitate to contact us today.

The Dilapidations Protocol: The Lowdown

As you might expect, it is imperative that both landlords and tenants are kept aware of all industry standards and government legislation during the occupancy of a commercial property.  This is made possible thanks to chartered building surveyors such as Bradley-Mason LLP working to stay abreast of what’s going on.  Safety and compliance are critical, and any changes in legislation may have serious repercussions on your day-to-day commercial lives.  The implementation of the Dilapidations Protocol in 2012 is one such piece of legislation, but what does this actually mean? Find out below…

 

How it came about

We’ve all heard the stories (or even encountered for ourselves) of disreputable Rigsby-esque landlords taking advantage of their tenants when the time came for them to move out of their properties.  After realising that most people would prefer to settle any disagreements out of court, landlords occasionally used this knowledge to demand exorbitant claims at the termination of a lease agreement, knowing that many tenants would prefer to avoid litigation at all costs and were too inexperienced to bring in a firm such as Bradley-Mason LLP. These dilapidations settlements were often far in excess of the actual repair and maintenance work required on the property, with the excess left to line the landlord’s pockets.  It was with this in mind that the Dilapidations Protocol was created.

 

So, just what is the Dilapidations Protocol?

There was talk of the Protocol as far back as 2000, and it was in 2002 that the completion of the first protocol was passed.  This earlier version was endorsed by RICS, as is the current incarnation. In short, it is an industry best-practice piece of legislation passed by the Property Litigation Association to prevent landlords from exaggerating dilapidations claims at the end of a lease agreement.  However, the full Dilapidations Protocol was only passed – at long last – in January 2012.

 

The benefits

Of course, the majority of landlords are down-to-earth, trustworthy people who have no desire to cheat their tenants, but now that the Protocol is in place, it acts as a deterrent for the small minority who perhaps retain the intention to practice this way.  The major plus is that the communication between both parties is now transparent and open, and the Protocol encourages a free flow of information in order to avoid any conflict further down the line.  In fact, specific documentation is now a prerequisite, with a schedule of dilapidations due within 56 days of the expiration of the lease.  This allows sufficient time for contesting claims where needed, meaning that exaggerated claims by dishonest landlords can finally be put to bed once and for all.

Commercial leasing can be a time-consuming and stressful affair, and we understand how the red-tape and bureaucracy can be exceptionally overwhelming. Fortunately, the passing of the Dilapidations Protocol was executed to assist everyone involved.  Despite this, we know that it can still be a difficult road to traverse alone, and this is where we step in.  Do you want to know more about the Dilapidations Protocol or use our dilapidations surveys to calculate your costs at the end of a lease? Give us a call today and we’ll help you through the process, whether you’re a landlord or a tenant.

 

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.

As an independent chartered surveyor, Bradley-Mason LLP combines effective, professional advice with a personalised service in building consultancy and project management in order to ensure that any new company project or commercial expansion runs smoothly and without issue. We offer a range of services to clients throughout the UK, proud to be recognised as registered RICS surveyors and we tailor each service to meet the needs of our clients, ensuring complete satisfaction.

No matter the size of your company or the building you’re occupying, you should ensure that you follow good health, safety and environmental practices. While you might assume that most accidents that occur in the workplace involve large machinery, heavy equipment or heights, the most common cause of injury in the workplace is the simple slip or trip.

Even if you think your building is at low risk, a regular health and safety audit, carried out by a qualified Chartered Building Surveyor, would help you to decrease the risk of accidents in the workplace. Rather than wait for a surprise visit from the Health and Safety Executive, be prepared, know your risks, ensure you have your legal obligations covered and get a health and safety audit.

 What is a health and safety audit?

A health and safety audit is a comprehensive process used to verify the efficiency, effectiveness and reliability of a company’s health and safety management system. It can be carried out by a chartered surveyor, who will visit the premises and produce a thorough report after assessing all potential risks, providing you with the information you need to implement any changes that may need to be made.

The qualified person carrying out your health and safety audit will look at all potential health and safety hazards in your business, including, trip hazards, dangerous wiring, chemical hazards, height risks and vermin issues and more. They will show you where you can improve, and where your potential liabilities lie, ensuring that you have all bases covered.

What are my responsibilities and what are the consequences of not having a health and safety audit?

By law, you are responsible for understanding the health and safety risks present in your workplace and taking necessary action to circumvent them. It is up to you to ensure that your health and safety risks are reviewed at least once year. As a recognised compliance measure for supporting commercial tenders and proposals, it is in your best interest to make sure your business always complies with the legislation.

By failing to regularly assess your health and safety risks, you are increasing the likelihood of an accident occurring in the workplace, which could not only result in you or your employees being harmed but also end up costing you quite a lot of money. If you are found responsible for an accident that has happened due to your negligence, you could also face imprisonment in addition to paying out compensation to the injured parties.  A health and safety audit is an effective way to create a safe, low-risk environment for your business, and it can be conducted in no time at all.

Additional Services Provided for Commercial Expansion

Consultation and Project Management

Our project management service is designed to ensure that everything runs smoothly when embarking on a commercial expansion or starting a new building project. Our retail consultants and expert project managers will make sure that the project remains in keeping with the time and budget constraints, maintaining a high quality of service.

Fire Risk Assessment

An assessment designed to ensure the safety of your visitors and employees. This documents the fire hazards located throughout the property as well as those most at risk in the event of a fire. Advice is then given as to how these hazards may be reduced or avoided altogether.

Access Audit

The disability discrimination acts of 1995 and 2005 made it illegal to discriminate against someone in the workplace, transport, education or service sectors as a result of their disability. An access audit is designed to make sure that your premises meets the needs of any employees and visitors entering and leaving the building.

Get in Touch

At Bradley-Mason LLP, we offer a range of health and safety audits, suitable for a variety of commercial properties, as well as advice on all health and safety matters. If you would like to arrange a health and safety audit for your commercial expansion project, your current company premises, or you would like to find out more information about the services we provide, please get in touch today. Call us at our head office in Harrogate on 01423 534 604 or email us at info@bradley-mason.com.We hope to hear from you soon.

 

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.