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  • Preparing and serving a dilapidations schedule

    Schedules are prepared as a record of breaches of covenant. A schedule could be required in a claim at the end of the term,a claim ...

    https://www.isurv.com/info/39/dilapidations/4944/preparing_and_serving_a_dilapidations_schedule

  • Break clauses

    Break clauses and dilapidations. ...

    https://www.isurv.com/info/39/dilapidations/4955/break_clauses

  • Schedule of dilapidations

    The schedule of dilapidations is an extremely important document which, if proven, inevitably has a significant impact on the party receiving the claim. This is ...

    https://www.isurv.com/downloads/download/293/schedule_of_dilapidations

  • Schedule of condition

    One of the more important, although frequently seen as mundane, roles of the party wall surveyor is the preparation of a schedule of condition. It ...

    https://www.isurv.com/info/20/surveying_party_walls/651/schedule_of_condition

  • Clough v Tameside and Glossop Health Authority

    Clough v Tameside and Glossop Health Authority (1998) ...

    https://www.isurv.com/info/455/cases/9040/clough_v_tameside_and_glossop_health_authority

  • Fire safety: maintenence schedule

    Bradley Parker stresses the importance of fire protection in a maintenance schedule. ...

    https://www.isurv.com/info/390/features_archive/11638/fire_safety_maintenence_schedule

  • Schedule of services: court ruling

    Shy Jackson summarises a recent court decision that reminds us of the importance of having and adhering to a schedule of services. ...

    https://www.isurv.com/info/390/features_archive/10042/schedule_of_services_court_ruling

  • Delay damages and defects

    delay damages; defects ...

    https://www.isurv.com/info/1425/nec3_and_nec4_for_infrastructure/10955/delay_damages_and_defects

  • Scott schedule

    A major feature of defects claims litigation is the Scott Schedule. This can be a particularly useful way of establishing the linkage between cause and ...

    https://www.isurv.com/downloads/download/292/scott_schedule

  • Dilapidations (Hong Kong) (ARCHIVED)

    This document has been archived and is available on isurv for information purposes only. This publication is an adaptation of the RICS guidance note: Dilapidations, 6th ...

    https://www.isurv.com/downloads/download/1889/dilapidations_hong_kong_archived

  • Commercial property: cycle storage and smart technology

    Smart technology will allow assist owners to get the most out of their cycle storage facilities, suggests Nick Knight. Much attention has been paid to the ...

    https://www.isurv.com/info/390/features_archive/11492/commercial_property_cycle_storage_and_smart_technology

  • Royal Brompton Hospital NHS Trust v Watkins Gray International (UK)

    Construction - litigation - loss and expenses - contribution - co-defendant - liability in respect of the same damage ...

    https://www.isurv.com/info/455/cases/5083/royal_brompton_hospital_nhs_trust_v_watkins_gray_international_uk

  • Re Sharpe

    [1980] 1 WLR 219, [1980] 1 All ER 198 Constructive trusts - resulting trusts - bankruptcy - family relative living on land in belief that ...

    https://www.isurv.com/info/455/cases/3146/re_sharpe

  • Dilapidations schedules of condition

    The wording of a Schedule of Condition is critical to understanding repair responsibilities, as James McAllister explains ...

    https://www.isurv.com/info/390/features_archive/9034/dilapidations_schedules_of_condition

  • Geyfords Limited v Ms L O’Sullivan and Others

    Geyfords Limited v Ms L O’Sullivan and Others ...

    https://www.isurv.com/info/455/cases/9809/geyfords_limited_v_ms_l_o_sullivan_and_others

  • London Tara Hotel Ltd v Kensington Close Hotel Ltd

    London Tara Hotel Limited v Kensington Close Hotel Limited ...

    https://www.isurv.com/info/455/cases/7050/london_tara_hotel_ltd_v_kensington_close_hotel_ltd

  • Busy but fulfilling: reflections of an award winner

    Work continues to be busy but fulfilling, reflects the winner of the 2018 RICS Young Building Surveyor the Year award ...

    https://www.isurv.com/info/390/features_archive/12083/busy_but_fulfilling_reflections_of_an_award_winner

  • Dilapidations: reviewing the 7th edition

    Jon Rowling reviews the changes in the recently published 7th edition of the RICS Dilapidations in England and Wales guidance note ...

    https://www.isurv.com/info/390/features_archive/10627/dilapidations_reviewing_the_7th_edition

  • Dilapidations: residential rulings

    Emma Humphreys provides an overview of recent dilapidations rulings. Court decisions on disrepair in recent months have, somewhat unusually, focused almost entirely on examining residential ...

    https://www.isurv.com/info/390/features_archive/10104/dilapidations_residential_rulings

  • Poole v Clarke & Co

    Poole v Clarke & Co [1945] 2 All ER 445 ...

    https://www.isurv.com/info/455/cases/8926/poole_v_clarke_and_co

  • Responding to dilapidations claims

    End of term dilapidations claims - Once the schedule has been served and the claim initiated, the tenant should consider whether it agrees that there ...

    https://www.isurv.com/info/39/dilapidations/4947/responding_to_dilapidations_claims

  • Dilapidations: negotiation advice

    Negotiating dilapidations depends as much on people skills as it does on surveying expertise. What can you do to ensure you succeed? ...

    https://www.isurv.com/info/390/features_archive/12077/dilapidations_negotiation_advice

  • Dilapidations: what is supersession?

    'Supersession' is a term that can cause confusion at lease-end, so Jon Rowling clarifies matters ...

    https://www.isurv.com/info/390/features_archive/11454/dilapidations_what_is_supersession

  • Dilapidations rulings

    Emma Humphreys provides an overview of recent dilapidations rulings ...

    https://www.isurv.com/info/390/features_archive/8920/dilapidations_rulings

  • Dilapidations inspections

    Regardless of whether the tenant is in occupation or not, whenever an inspection is to be undertaken before the lease expires it is important to ...

    https://www.isurv.com/info/39/dilapidations/4938/dilapidations_inspections

  • Key dilapidations issues

    Modern leases are extremely full and include a large number of clauses that have a bearing on a dilapidations claim. ...

    https://www.isurv.com/info/39/dilapidations/4937/key_dilapidations_issues

  • Dilapidations documentation

    When a building has suffered damage or has failed in a particular way, the landlord (and/or its advisors) will need to gather all the relevant ...

    https://www.isurv.com/info/39/dilapidations/4936/dilapidations_documentation

  • Further information on dilapidations

    Further information on dilapidations. ...

    https://www.isurv.com/info/39/dilapidations/11357/further_information_on_dilapidations

  • Barr Ltd v Law Mining Ltd

    2003 S.L.T. 488. Construction - adjudication - adjudication award - several disputes - enforcement - whether scheme permits more than one dispute to be referred in ...

    https://www.isurv.com/info/455/cases/3250/barr_ltd_v_law_mining_ltd

  • Commercial property law FAQs: dilapidations, EPC, forfeiture

    Legal questions and answers concerning dilapidations, Energy Performance Certificates and forfeiture. ...

    https://www.isurv.com/info/390/features_archive/6941/commercial_property_law_faqs_dilapidations_epc_forfeiture

  • Devonshire Reid Properties Ltd v Trenaman

    Commercial property - property management - dilapidations - enfranchisement - roof repairs ...

    https://www.isurv.com/info/455/cases/6794/devonshire_reid_properties_ltd_v_trenaman

  • Dilapidations: RICS dispute resolution scheme

    Vivien King takes a look at the RICS dilapidations disputes resolution scheme. In 2014, RICS launched a dilapidations scheme specifically designed to allow quick and ...

    https://www.isurv.com/info/390/features_archive/11486/dilapidations_rics_dispute_resolution_scheme

  • Dilapidations: vital role of specialist surveyors

    Mark Hampson explains how vital the role of the specialist dilapidations surveyor now is ...

    https://www.isurv.com/info/390/features_archive/9803/dilapidations_vital_role_of_specialist_surveyors

  • Dilapidations claim: Civil Procedure Rules

    Paul Greatholder examines best practice in bringing a dilapidations claim using the Civil Procedure Rules ...

    https://www.isurv.com/info/390/features_archive/8872/dilapidations_claim_civil_procedure_rules

  • Dilapidations: resolving disputes quickly

    Martin Burns explains why it is important to resolve dilapidations disputes quickly, cheaply … and early. ...

    https://www.isurv.com/info/390/features_archive/11238/dilapidations_resolving_disputes_quickly

  • Civil Procedure Rules and the Dilapidations Protocol

    The Civil Procedure Rules 1998 were introduced in April 1999 and effected a significant change in the way in which civil litigation is conducted in ...

    https://www.isurv.com/info/39/dilapidations/4953/civil_procedure_rules_and_the_dilapidations_protocol

  • Dilapidations: 2017 landmark case

    Emma Humphreys reviews a recent landmark dilapidations case ...

    https://www.isurv.com/info/390/features_archive/11456/dilapidations_2017_landmark_case

  • Dilapidations: rulings on landlords' obligations

    The nuances of landlords’ obligations on repair obligations proved crucial in two recent dilapidations rulings, as Emma Humphreys details ...

    https://www.isurv.com/info/390/features_archive/11191/dilapidations_rulings_on_landlords_obligations

  • Dilapidations: alternative way of resolving disputes

    Christopher Sullivan discusses alternative ways of resolving dilapidations disputes. Litigation might feel like the natural way forward when a dilapidations dispute escalates. Very often, though, ...

    https://www.isurv.com/info/390/features_archive/10061/dilapidations_alternative_way_of_resolving_disputes

  • MEES: impact on dilapidations claims

    Christopher Sullivan looks at the potential impact of the Minimum Energy Efficiency Standards on dilapidations claims. Although there are exceptions, from 1 April 2018 most ...

    https://www.isurv.com/info/390/features_archive/11562/mees_impact_on_dilapidations_claims

  • Dilapidations: advising on legal matters

    James McAllister and Stuart Frame unpick the complicated context in which surveyors operate when they offer legal advice ...

    https://www.isurv.com/info/390/features_archive/11501/dilapidations_advising_on_legal_matters

  • Dilapidations insurance: reducing uncertainty about costs

    Dilapidations insurance should significantly reduce uncertainty about costs for occupiers at lease. ...

    https://www.isurv.com/info/390/features_archive/11571/dilapidations_insurance_reducing_uncertainty_about_costs

  • Dilapidations claim: issues of disclosure

    Vivien King considers the issues of disclosure when related to a client’s dilapidation claim ...

    https://www.isurv.com/info/390/features_archive/8873/dilapidations_claim_issues_of_disclosure

  • Technology and residential property: shaping the future

    Technology is not only a tool but offers a means of innovating and better understanding your customers’ needs. Saurabh Saxena gives his view of the technologies ...

    https://www.isurv.com/info/390/features_archive/11644/technology_and_residential_property_shaping_the_future

  • Valuing real estate developments: basic concepts

    real estate developments ...

    https://www.isurv.com/info/1373/valuing_real_estate_developments/10110/valuing_real_estate_developments_basic_concepts

  • DRS2D: Dilapidations disputes

    Application to the President of RICS for the appointment of an arbitrator or independent expert on a dilapidations dispute. ...

    https://www.isurv.com/downloads/download/1322/drs2d_dilapidations_disputes

  • Dilapidations: typical release form

    Example agreement for the purposes of releasing the lessee from their dilapidations liabilities in return for financial compensation from the lessor. ...

    https://www.isurv.com/downloads/download/37/dilapidations_typical_release_form

  • Housing and planning: provisions for the 2016 Act

    Jeremy Blackburn dissects the provisions of the Housing and Planning Act 2016. fter a lot of toing and froing, the Housing and Planning Bill finally ...

    https://www.isurv.com/info/390/features_archive/10633/housing_and_planning_provisions_for_the_2016_act

  • St Edmundsbury and Ipswich Diocesan Board of Finance v Clarke (No. 2)

    [1975] 1 WLR 468; [1975] 1 All ER 772 Easement - right of way - reservation of easement in conveyance - construction of conveyance - ...

    https://www.isurv.com/info/455/cases/3149/st_edmundsbury_and_ipswich_diocesan_board_of_finance_v_clarke_no_2

  • Circular economy: role of facilities manager

    Facilities managers have a vital role to play in implementing a circular economy in the built environment, suggests Sara Wilkinson. ...

    https://www.isurv.com/info/390/features_archive/11568/circular_economy_role_of_facilities_manager

  • Party walls specimen schedule of condition

    The schedule of condition records the condition of relevant parts of an adjoining owner's property before the start of the building owner's works. It enables ...

    https://www.isurv.com/downloads/download/32/party_walls_specimen_schedule_of_condition

  • Calam Vale Ltd v Customs & Excise Commissioners

    [2000] VAT decision 16869 Value added tax -division of property into two self-contained dwellings - zero rating - whether sale of dwellings zero rated or exempt ...

    https://www.isurv.com/info/455/cases/4188/calam_vale_ltd_v_customs_and_excise_commissioners

  • Valuation for affordable housing

    Charles Solomon explains why and how RICS guidance on the valuation of land for affordable housing has been updated. In 2010, RICS published the first ...

    https://www.isurv.com/info/390/features_archive/10048/valuation_for_affordable_housing

  • Enabling technology

    Asset management practice is not dependent on technology for its execution. You could run an ISO 55000 compliant organisation using only paper records. However, information ...

    https://www.isurv.com/info/1421/asset_management/11047/enabling_technology

  • Kelson v Imperial Tobacco

    [1957] 2 QB 334; [1957] 2 WLR 1007; [1957] 2 All ER 343 Trespass - airspace - advertising sign - crane - whether invasion of ...

    https://www.isurv.com/info/455/cases/3139/kelson_v_imperial_tobacco

  • Types of TPO and serving an order

    Trees can be specified in the First Schedule of the Order in four different ways: individual, group, area and woodland. ...

    https://www.isurv.com/info/125/trees_and_tpos/429/types_of_tpo_and_serving_an_order

  • Make good guide

    Published: October 2023 This document has been written for property professionals involved in make-good works in Australia (known as dilapidations in the UK). It deals primarily ...

    https://www.isurv.com/downloads/download/2183/make_good_guide

  • Stages of project monitoring

    This section outlines the typical schedule of duties required to be undertaken by the project monitor. In practice the bank or fund will often want ...

    https://www.isurv.com/info/208/project_monitoring/1863/stages_of_project_monitoring

  • Examples: basic assessment of diminution in value

    A tenant held a 25-year FRI lease on premises in central London and vacated on its expiry date. The compliant state envisaged under the terms ...

    https://www.isurv.com/info/39/dilapidations/4949/section_181_and_diminution_in_value/5

  • Containers

    Containers designed for shipping are also designed for use on road, rail and in the air and are referred to as intermodal containers. ...

    https://www.isurv.com/info/1558/container_terminals/11939/containers

  • Cheltenham and Gloucester Building Society v Ricketts

    Cheltenham and Gloucester Building Society v Ricketts (1993) 1 WLR 1545 ...

    https://www.isurv.com/info/455/cases/10349/cheltenham_and_gloucester_building_society_v_ricketts

  • Miscellaneous matters

    This is defined in the Value Added Tax Act 1994 (VAT Act 1994) (Schedule 8, Group 6, note 6), as follows: '(6) "Approved alteration" means-(a) ...

    https://www.isurv.com/info/57/vat/335/miscellaneous_matters

  • Further considerations on valuation approaches adopted

    valuation approaches ...

    https://www.isurv.com/info/1024/real_estate_valuation_approaches_and_methods/8196/further_considerations_on_valuation_approaches_adopted

  • Dilapidations

    Published September 2016 (E&W) and March 2015 (Scotland) Effective from December 2016 (E&W) and March 2015 (Scotland) Reissued December 2023 This professional standard seeks to advise members on ...

    https://www.isurv.com/downloads/download/146/dilapidations

  • Layout and format

    There is no set format for a dilapidations schedule, although it should always set out the details of the claim clearly and concisely, such that ...

    https://www.isurv.com/info/39/dilapidations/4944/preparing_and_serving_a_dilapidations_schedule/2

  • Oil and solid fuel appliances, and smoke and carbon monoxide alarms

    There is no legislation requiring the above appliances to be safety checked annually although there are requirements regarding the qualifications for installers. A prudent landlord ...

    https://www.isurv.com/info/346/property_and_safety_standards/2365/oil_and_solid_fuel_appliances_and_smoke_and_carbon_monoxide_alarms

  • Temloc Ltd v Errill Properties

    [1987] 39 BLR 30 Construction contracts - liquidated damages - delayed completion - nil sum entered as liquidated damages provision in jct standard form of building ...

    https://www.isurv.com/info/455/cases/4088/temloc_ltd_v_errill_properties

  • Instructing a project monitor

    This note provides a summary of the points and Typical schedule of services (available in the list of forms to the right) of the note ...

    https://www.isurv.com/info/208/project_monitoring/1864/instructing_a_project_monitor

  • Methods of resolving boundary disputes

    boundary matters ...

    https://www.isurv.com/info/21/boundary_matters/11363/methods_of_resolving_boundary_disputes

  • Main option clause

    The Core Clauses apply to every NEC 3 contract and deal with matters such as defects and payment. Main Option Clauses relate to the procurement ...

    https://www.isurv.com/info/322/nec3_and_nec4/507/main_option_clause

  • Information release schedule

    Construction information is vital to all projects and virtually impossible to construct a project without. An information release schedule is a two column document detailing ...

    https://www.isurv.com/downloads/download/403/information_release_schedule

  • Information request schedule

    Construction information is vital to all projects and virtually impossible to construct a project without. An information request schedule is a two column document detailing ...

    https://www.isurv.com/downloads/download/404/information_request_schedule

  • RICS Forms of Consultant's Appointment (Northern Ireland)

    Published May 2022 RICS has published a new edition of the RICS Forms of Consultant’s Appointment. RICS members and others involved in the appointment of surveyors ...

    https://www.isurv.com/downloads/download/2327/rics_forms_of_consultants_appointment_northern_ireland

  • Further information on rights to light

    For the text of a Light Obstruction Notice under the Rights of Light Act 1959 and an Application for a certificate under section 2 of ...

    https://www.isurv.com/info/19/rights_of_light_surveying/1176/further_information_on_rights_to_light

  • Carrying out the contract works

    The primary obligation on the contractor is to carry out and complete the Works in a proper and workmanlike manner and in compliance with the ...

    https://www.isurv.com/info/1162/jct_standard_building_contract/4963/carrying_out_the_contract_works

  • Connaught Restaurants Ltd v Indoor Leisure Ltd

    Commercial property - property management - dilapidations - tenant - claim against a landlord ...

    https://www.isurv.com/info/455/cases/6788/connaught_restaurants_ltd_v_indoor_leisure_ltd

  • Means of escape

    The Building Regulations require in the context of fire safety that building work complies with the requirements of Part B of Schedule 1 of the ...

    https://www.isurv.com/info/31/fire_and_life_safety/839/means_of_escape

  • RICS Forms of Consultant's Appointment (England and Wales)

    Published May 2022 RICS has published a new edition of the RICS Forms of Consultant’s Appointment. RICS members and others involved in the appointment of surveyors ...

    https://www.isurv.com/downloads/download/2326/rics_forms_of_consultants_appointment_england_and_wales

  • Project monitor schedule of surveying services

    An example schedule of surveying services for project monitors, to allow them to determine practical completion. ...

    https://www.isurv.com/downloads/download/332/project_monitor_schedule_of_surveying_services

  • RICS Forms of Consultant's Appointment (Scotland)

    Published May 2022 RICS has published a new edition of the RICS Forms of Consultant’s Appointment. RICS members and others involved in the appointment of surveyors ...

    https://www.isurv.com/downloads/download/2328/rics_forms_of_consultants_appointment_scotland

  • NRM2 appendices

    Effective from 1 January 2013 ...

    https://www.isurv.com/downloads/download/1733/nrm2_appendices

  • MEES: mitigating risks

    Jen Lemen-Hogarth outlines the essentials of the Minimum Energy Efficiency Standards and explains how retail property owners can mitigate the risks as the 1 April ...

    https://www.isurv.com/info/390/features_archive/11462/mees_mitigating_risks

  • General principles

    General principles of cost reporting on major programmes. ...

    https://www.isurv.com/info/1411/cost_reporting_on_major_programmes/10933/general_principles

  • RICS Forms of Consultant's Appointment (England and Wales) (ARCHIVED)

    These documents have been archived and are available on isurv for information purposes only. The latest edition was published in May 2022 and is available to ...

    https://www.isurv.com/downloads/download/287/rics_forms_of_consultants_appointment_england_and_wales_archived

  • Objections to CPOs

    Objections made by qualifying persons who are referred to in the compulsory purchase order (CPO) schedule are now known as 'relevant objections', under the Planning ...

    https://www.isurv.com/info/126/compulsory_purchase_orders/454/objections_to_cpos

  • Bedfordshire Police Authority v Constable

    Insurance, Riot (Damages) Act 1886 Act - meaning of ‘liable as damages’ - tortious liability ...

    https://www.isurv.com/info/455/cases/6949/bedfordshire_police_authority_v_constable

  • Approved Documents

    Each part of Schedule 1 to the Regulations is supported by a separate document called an 'approved document'. These documents contain practical and technical guidance ...

    https://www.isurv.com/info/54/building_control/274/approved_documents

  • What is the proposal and is it development?

    Even where a proposal is 'development', it may be one that can be carried out without obtaining express planning permission. The Town and Country Planning ...

    https://www.isurv.com/info/118/making_a_planning_application/71/what_is_the_proposal_and_is_it_development

  • VAT

    Dilapidations payments are currently treated as compensation for damages and so fall outside the scope of VAT. The issue of VAT and dilapidations claims is complex. As ...

    https://www.isurv.com/info/39/dilapidations/4944/preparing_and_serving_a_dilapidations_schedule/5

  • Maud v Sanders

    Commercial property - property management - dilapidations ...

    https://www.isurv.com/info/455/cases/6826/maud_v_sanders

  • Joyner v Weeks

    Commercial property - property management - dilapidations - damages - cost ...

    https://www.isurv.com/info/455/cases/6823/joyner_v_weeks

  • George Petersson and ors v Pitt Place (Epsom) Ltd

    Commercial property - property management - dilapidations - responsibility - landlord - tenant - roof terrace ...

    https://www.isurv.com/info/455/cases/6809/george_petersson_and_ors_v_pitt_place_epsom_ltd

  • Section 5: element definitions

    This section sets out, for each element: Definition: describing the work included in the element. Functional definition: describing the functional requirement of the building fulfilled ...

    https://www.isurv.com/info/1144/bcis_standard_form_of_cost_analysis/6848/section_5_element_definitions

  • Simmons and ors v Dresden

    Commercial property - property management - dilapidations - claims ...

    https://www.isurv.com/info/455/cases/6838/simmons_and_ors_v_dresden

  • Reston Ltd v Hudson

    Commercial property - property management - dilapidations - windows - replacement ...

    https://www.isurv.com/info/455/cases/6834/reston_ltd_v_hudson

  • Latimer v Carney & ors

    Commercial property - property management - dilapidations - breach of the covenant to repair ...

    https://www.isurv.com/info/455/cases/6824/latimer_v_carney_and_ors

  • Section 4: definitions

    A major physical part of a building that fulfils a specific function, or functions, irrespective of its design, specification or construction. ...

    https://www.isurv.com/info/1144/bcis_standard_form_of_cost_analysis/6847/section_4_definitions

  • Elmcroft Developments Ltd v Tankersley-Sawyer

    Commercial property - property management - dilapidations - damp proof course - obligation to repair ...

    https://www.isurv.com/info/455/cases/6804/elmcroft_developments_ltd_v_tankersley-sawyer

  • Culworth Estates Ltd v Society of Licensed Victuallers

    Commercial property - property management - dilapidations - claim for damages - end of lease - claim losses ...

    https://www.isurv.com/info/455/cases/6792/culworth_estates_ltd_v_society_of_licensed_victuallers

  • Wallace v Manchester City Council

    Commercial property - property management - dilapidations - tenant's claim for damages against its landlord - repairs ...

    https://www.isurv.com/info/455/cases/6841/wallace_v_manchester_city_council

  • Section 3: instructions

    The following information should be provided: The information requirements relate specifically to an analysis at the element level, however, they apply equally to building total, group ...

    https://www.isurv.com/info/1144/bcis_standard_form_of_cost_analysis/6846/section_3_instructions

  • Scottish Mutual Assurance Society Ltd v British Telecommunications plc

    Commercial property - property management - dilapidations - loss of rent - damages ...

    https://www.isurv.com/info/455/cases/6836/scottish_mutual_assurance_society_ltd_v_british_telecommunications_plc

  • Pan Australian Credits SA Pty Ltd v Kolim Pty Ltd

    Commercial property - property management - dilapidations - fixtures and chattels ...

    https://www.isurv.com/info/455/cases/6829/pan_australian_credits_sa_pty_ltd_v_kolim_pty_ltd

  • Mancetter Developments Ltd v Garmonson and Givertz

    Commercial property - property management - dilapidations - removing fixtures - waste - liability ...

    https://www.isurv.com/info/455/cases/6825/mancetter_developments_ltd_v_garmonson_and_givertz

  • Grainger Trust plc v Micros-Fidelio UK Ltd

    Commercial property - property management - dilapidations - conditional tenant's break clause ...

    https://www.isurv.com/info/455/cases/6813/grainger_trust_plc_v_micros-fidelio_uk_ltd

  • Rainbow Estates Ltd v Tokenhold Ltd

    Commercial property - property management - dilapidations - enforcing a tenant's obligation to repair ...

    https://www.isurv.com/info/455/cases/6833/rainbow_estates_ltd_v_tokenhold_ltd

  • Never-Stop Railway (Wembley) Ltd v British Empire Exhibition 1926 Inc.

    Commercial property - property management - dilapidations - fixtures ...

    https://www.isurv.com/info/455/cases/6828/never-stop_railway_wembley_ltd_v_british_empire_exhibition_1926_inc

  • Ivory Gate Ltd v Spetale

    Commercial property - property management - dilapidations - forfeiture ...

    https://www.isurv.com/info/455/cases/6821/ivory_gate_ltd_v_spetale

  • Shortlands Investment Ltd v Cargill plc

    Commercial property - property management - dilapidations - disrepair - negative reversionary value ...

    https://www.isurv.com/info/455/cases/6837/shortlands_investment_ltd_v_cargill_plc

  • Ultraworth Ltd v General Accident Fire & Life Assurance Corp plc

    Commercial property - property management - dilapidations ...

    https://www.isurv.com/info/455/cases/6840/ultraworth_ltd_v_general_accident_fire_and_life_assurance_corp_plc

  • Westminster City Council v HSBC Bank plc

    Commercial property - property management - dilapidations - notice to reinstate alterations ...

    https://www.isurv.com/info/455/cases/6842/westminster_city_council_v_hsbc_bank_plc

  • Edwards and Walkden (Norfolk) Ltd & ors v The Mayor and Commanalty and Citizens of the City of London

    [2012] EWHC 2527 (Ch) Fairness of a variable service charge – New business tenancies – Indoor market – Metropolitan Meat and Poultry Markets Act 1860, section ...

    https://www.isurv.com/info/455/cases/7597/edwards_and_walkden_norfolk_ltd_and_ors_v_the_mayor_and_commanalty_and_citizens_of_the_city_of_london

  • Creska Ltd v Hammersmith and Fulham London Borough Council

    Commercial property - property management - dilapidations - defective underfloor heating - cost of repair ...

    https://www.isurv.com/info/455/cases/6790/creska_ltd_v_hammersmith_and_fulham_london_borough_council

  • Drummond v S & U Stores Ltd

    Commercial property - property management - dilapidations - VAT ...

    https://www.isurv.com/info/455/cases/6796/drummond_v_s_and_u_stores_ltd

  • Elitestone Ltd v Morris

    Commercial property - property management - dilapidations - fixtures and chattels ...

    https://www.isurv.com/info/455/cases/6801/elitestone_ltd_v_morris

  • NYK Logistics (UK) Ltd v Ibrend Estates BV

    Commercial property - property management - dilapidations - tenant's break clause ...

    https://www.isurv.com/info/455/cases/6819/nyk_logistics_uk_ltd_v_ibrend_estates_bv

  • Minja Properties Ltd v Cussins Property Group plc

    Commercial property - property management - dilapidations - windows - repair - replacement ...

    https://www.isurv.com/info/455/cases/6827/minja_properties_ltd_v_cussins_property_group_plc

  • Hannon v 169 Queens Gate Ltd

    Commercial property - property management - dilapidations ...

    https://www.isurv.com/info/455/cases/6816/hannon_v_169_queens_gate_ltd

  • Salisbury (Marquess) v Gilmore

    Commercial property - property management - dilapidations ...

    https://www.isurv.com/info/455/cases/6835/salisbury_marquess_v_gilmore

  • Section 1: introduction

    With new procurement practices making a targeted cost plan central to the entire construction process, accurate cost analysis is key. Cost analysis provides data to ...

    https://www.isurv.com/info/1144/bcis_standard_form_of_cost_analysis/6844/section_1_introduction

  • Section 2: principles of analysis

    Analyses shall be for a single building. Each building within a project shall be analysed separately. However, groups of buildings with the same function and ...

    https://www.isurv.com/info/1144/bcis_standard_form_of_cost_analysis/6845/section_2_principles_of_analysis

  • Dennis Phillips v Martin Francis

    [2012] EWHC 3650 (Ch) Double recovery of costs for services – Qualifying works – Landlord and Tenant Act 1985, s.18, s.20, s.20ZA s.30, s.38, sch.3 para.6 ...

    https://www.isurv.com/info/455/cases/7596/dennis_phillips_v_martin_francis

  • Davies v Yadegar

    Commercial property - property management - dilapidations - top-floor flat - roof ...

    https://www.isurv.com/info/455/cases/6793/davies_v_yadegar

  • Goldmile Properties Ltd v Speiro Lechouritis

    Commercial property - property management - dilapidations - landlord and tenant - obligation to repair ...

    https://www.isurv.com/info/455/cases/6812/goldmile_properties_ltd_v_speiro_lechouritis

  • Holland v Hodgson

    Commercial property - property management - dilapidations - fixtures and chattels ...

    https://www.isurv.com/info/455/cases/6818/holland_v_hodgson

  • Irvine v Moran

    Commercial property - property management - dilapidations - obligation to decorate ...

    https://www.isurv.com/info/455/cases/6820/irvine_v_moran

  • Proudfoot v Hart

    Commercial property - property management - dilapidations - tenantable repair ...

    https://www.isurv.com/info/455/cases/6832/proudfoot_v_hart

  • Practical implications for surveyors dealing with end of term dilapidations claims

    Always bear in mind that the requirements of the Dilapidations Protocol are in addition to those of the CPR. Comments regarding the exchange of information ...

    https://www.isurv.com/info/39/dilapidations/4953/civil_procedure_rules_and_the_dilapidations_protocol/8

  • Unoccupied premises: opening the market

    In the first in a series of articles, Jan Ambrose examines why there are so many unoccupied residential properties in England. ...

    https://www.isurv.com/info/390/features_archive/11837/unoccupied_premises_opening_the_market

  • Elite Investments Ltd v TI Bainbridge Silencers Ltd

    Commercial property - property management - dilapidations - repair or replacement of a roof ...

    https://www.isurv.com/info/455/cases/6799/elite_investments_ltd_v_ti_bainbridge_silencers_ltd

  • Creska Ltd v Hammersmith and Fulham London Borough Council (No. 2)

    Commercial property - property management - dilapidations - landlord and tenant - declines access - injunction ...

    https://www.isurv.com/info/455/cases/6791/creska_ltd_v_hammersmith_and_fulham_london_borough_council_no_2

  • Minerals: past and future UK trends

    Lester Hicks examines past and future trends in the UK's production of minerals ...

    https://www.isurv.com/info/390/features_archive/8857/minerals_past_and_future_uk_trends

  • Savva and another v Houssein

    In 1991 Mr and Mrs Savva granted a lease to Mr. Houssein to use a property as a café, a snack bar and a place ...

    https://www.isurv.com/info/455/cases/8372/savva_and_another_v_houssein

  • Holding & Management Ltd v Property Holding & Investment Trust plc

    Commercial property - property management - dilapidations - repairs ...

    https://www.isurv.com/info/455/cases/6817/holding_and_management_ltd_v_property_holding_and_investment_trust_plc

  • Ebbetts v Conquest

    Commercial property - property management - dilapidations - damages - breach of covenant - repairs ...

    https://www.isurv.com/info/455/cases/6798/ebbetts_v_conquest

  • Quantified demand

    The quantified demand replaces and expands upon what was referred to in previous editions of the Dilapidations guidance note and Dilapidations Protocol as ‘the claim’ ...

    https://www.isurv.com/info/39/dilapidations/4944/preparing_and_serving_a_dilapidations_schedule/9

  • Mucelli v Albania

    Mucelli v Albania [2009] UKHL 2 ...

    https://www.isurv.com/info/455/cases/10214/mucelli_v_albania

  • International Land Measurement Standards: challenges for land transaction

    James Kavanagh outlines challenges for land transactions around the world and how International Land Measurement Standards can help respond to them. According to the World ...

    https://www.isurv.com/info/390/features_archive/10789/international_land_measurement_standards_challenges_for_land_transaction

  • West Ham Central Charity Board v East London Waterworks Co

    Summary of the West Ham Central Charity Board v East London Waterworks Co case. ...

    https://www.isurv.com/info/455/cases/10096/west_ham_central_charity_board_v_east_london_waterworks_co

  • Van Maanen v West Greenwich Development LLP

    Van Maanen v West Greenwich Development LLP (2010) ...

    https://www.isurv.com/info/455/cases/10207/van_maanen_v_west_greenwich_development_llp

  • Lurcott v Wakely & Wheeler

    Case summary for Lurcott v Wakely & Wheeler. ...

    https://www.isurv.com/info/455/cases/10200/lurcott_v_wakely_and_wheeler

  • Lee v Leeds City Council

    Case summary for Lee v Leeds City Council. ...

    https://www.isurv.com/info/455/cases/10193/lee_v_leeds_city_council

  • Morcom v Campbell-Johnson

    Case summary for Morcom v Campbell-Johnson. ...

    https://www.isurv.com/info/455/cases/10183/morcom_v_campbell-johnson

  • Ibrahim v Dovecorn Reversions Ltd

    Summary of the Ibrahim v Dovecorn Reversions Ltd case. ...

    https://www.isurv.com/info/455/cases/10080/ibrahim_v_dovecorn_reversions_ltd

  • Hodgson v Armstrong

    Hodgson v Armstrong [1967] 2 QB 299 ...

    https://www.isurv.com/info/455/cases/10215/hodgson_v_armstrong

  • Johnsey Estates (1990) Ltd v Secretary of State for the Environment, Transport and the Regions

    Case summary for Johnsey Estates (1990) Ltd v Secretary of State for the Environment, Transport and the Regions. ...

    https://www.isurv.com/info/455/cases/10208/johnsey_estates_1990_ltd_v_secretary_of_state_for_the_environment_transport_and_the_regions

  • Petersson v Pitt Place (Epsom) Ltd

    Summary of the Petersson v Pitt Place (Epsom) Ltd case. ...

    https://www.isurv.com/info/455/cases/10079/petersson_v_pitt_place_epsom_ltd

  • Jacey Property Co Ltd v Miguel De Sousa and another

    Summary of the Jacey Property Co Ltd v Miguel De Sousa and another case. ...

    https://www.isurv.com/info/455/cases/10085/jacey_property_co_ltd_v_miguel_de_sousa_and_another

  • Russell v Laimond Properties Ltd

    Summary of the Russell v Laimond Properties Ltd case. ...

    https://www.isurv.com/info/455/cases/10091/russell_v_laimond_properties_ltd

  • Warren v Keen

    Summary of the Warren v Keen case. ...

    https://www.isurv.com/info/455/cases/10094/warren_v_keen

  • Hall v Howard

    Case summary for Hall v Howard. ...

    https://www.isurv.com/info/455/cases/10188/hall_v_howard

  • Brikom Investments Ltd v Carr

    Case summary for Brikom Investments Ltd v Carr. ...

    https://www.isurv.com/info/455/cases/10192/brikom_investments_ltd_v_carr

  • Landmaster Properties Ltd v Thackeray Property Service Ltd

    Case summary for Landmaster Properties Ltd v Thackeray Property Service Ltd. ...

    https://www.isurv.com/info/455/cases/10201/landmaster_properties_ltd_v_thackeray_property_service_ltd

  • Patel v Peters

    Patel v Peters [2014] EWCA Civ 335 ...

    https://www.isurv.com/info/455/cases/10205/patel_v_peters

  • Metropolitan Properties Co (Regis) Ltd v Bartholomew

    Summary of the Metropolitan Properties Co (Regis) Ltd v Bartholomew case. ...

    https://www.isurv.com/info/455/cases/10076/metropolitan_properties_co_regis_ltd_v_bartholomew

  • Tern Construction Group v RBS Garages Ltd

    (1992) 34 Con LR 137 ...

    https://www.isurv.com/info/455/cases/10093/tern_construction_group_v_rbs_garages_ltd

  • Burkett Sharp & Co v Eastcheap Dried Fruit Co

    Burkett Sharp & Co v Eastcheap Dried Fruit Co (1961) 2 Lloyd’s Rep. 80 ...

    https://www.isurv.com/info/455/cases/10204/burkett_sharp_and_co_v_eastcheap_dried_fruit_co

  • Sandhu v Ladbroke Hotels Ltd

    Case summary for Sandhu v Ladbroke Hotels Ltd. ...

    https://www.isurv.com/info/455/cases/10196/sandhu_v_ladbroke_hotels_ltd

  • Sotheby v Grundy

    Case summary for Sotheby v Grundy. ...

    https://www.isurv.com/info/455/cases/10198/sotheby_v_grundy

  • McDougall v Easington District Council

    Case summary for McDougall v Easington District Council. ...

    https://www.isurv.com/info/455/cases/10199/mcdougall_v_easington_district_council

  • Patel v Pirabakaran

    Case summary for Patel v Pirabakaran. ...

    https://www.isurv.com/info/455/cases/10202/patel_v_pirabakaran

  • Jolliffe v Woodhouse

    Jolliffe v Woodhouse (1894) 10 TLR 553 ...

    https://www.isurv.com/info/455/cases/10203/jolliffe_v_woodhouse

  • Crofts v Haldane

    Crofts v Haldane (1867) LR 2 QB 194 ...

    https://www.isurv.com/info/455/cases/10206/crofts_v_haldane

  • Strandley Investments v Barpress

    Summary of the Strandley Investments v Barpress case. ...

    https://www.isurv.com/info/455/cases/10081/strandley_investments_v_barpress

  • Bluestorm Ltd v Portvale Holdings Ltd

    Case summary for Bluestorm Ltd v Portvale Holdings Ltd. ...

    https://www.isurv.com/info/455/cases/10191/bluestorm_ltd_v_portvale_holdings_ltd

  • Anstruther-Gough-Calthorpe v McOscar

    Case summary for Anstruther-Gough-Calthorpe v McOscar. ...

    https://www.isurv.com/info/455/cases/10195/anstruther-gough-calthorpe_v_mcoscar

  • Voaden v Champion and others

    Case summary for Voaden v Champion and others. ...

    https://www.isurv.com/info/455/cases/10189/voaden_v_champion_and_others

  • Sturke v SW Edwards Ltd

    Case summary for Sturke v SW Edwards Ltd. ...

    https://www.isurv.com/info/455/cases/10173/sturke_v_sw_edwards_ltd

  • Regis Property Co Ltd v Dudley

    Case summary for Regis Property Co Ltd v Dudley. ...

    https://www.isurv.com/info/455/cases/10197/regis_property_co_ltd_v_dudley

  • King v South Northamptonshire DC

    Summary of the King v South Northamptonshire DC case. ...

    https://www.isurv.com/info/455/cases/10089/king_v_south_northamptonshire_dc

  • Construction Award No 2/6

    Construction Award No 2/6 (1995) 2 Con ...

    https://www.isurv.com/info/455/cases/10100/construction_award_no_26

  • Claymore Services Limited v Nautilus Properties Limited

    Claymore Services Limited v Nautilus Properties Limited [2007] EWHC 805 (TCC) ...

    https://www.isurv.com/info/455/cases/10103/claymore_services_limited_v_nautilus_properties_limited

  • Barry v Minturn

    Barry v Minturn (1913) AC 584 6 ...

    https://www.isurv.com/info/455/cases/10174/barry_v_minturn

  • Burlington Property Company Ltd v Odeon Theatres Ltd

    Burlington Property Company Ltd v Odeon Theatres Ltd [1939] 1 KB 633 ...

    https://www.isurv.com/info/455/cases/10175/burlington_property_company_ltd_v_odeon_theatres_ltd

  • Niazi Services Ltd v Van der Loo

    Summary of the Niazi Services Ltd v Van der Loo case. ...

    https://www.isurv.com/info/455/cases/10097/niazi_services_ltd_v_van_der_loo

  • Wycombe Area Health Authority v Barnett

    Summary of the Wycombe Area Health Authority v Barnett case. ...

    https://www.isurv.com/info/455/cases/10095/wycombe_area_health_authority_v_barnett

  • Barnes v City of London Real Property Co

    Summary of the Barnes v City of London Real Property Co case. ...

    https://www.isurv.com/info/455/cases/10090/barnes_v_city_of_london_real_property_co

  • Solomons v R Gertzenstein Ltd

    Solomons v R Gertzenstein Ltd [1954] 1 QB 565 ...

    https://www.isurv.com/info/455/cases/10179/solomons_v_r_gertzenstein_ltd

  • Holding & Barnes plc v Hill House Hammond Ltd

    Summary of the Holding & Barnes plc v Hill House Hammond Ltd case. ...

    https://www.isurv.com/info/455/cases/10087/holding_and_barnes_plc_v_hill_house_hammond_ltd

  • British Telecommunications plc v Sun Life Assurance Society plc

    Case summary for British Telecommunications plc v Sun Life Assurance Society plc. ...

    https://www.isurv.com/info/455/cases/10187/british_telecommunications_plc_v_sun_life_assurance_society_plc

  • Welsh v Greenwich London Borough Council

    Case summary for Welsh v Greenwich London Borough Council. ...

    https://www.isurv.com/info/455/cases/10194/welsh_v_greenwich_london_borough_council

  • Request for information

    Due to the regular need to seek further information/instructions, contractors will normally operate a system of request for information sheets in conjunction with an information ...

    https://www.isurv.com/downloads/download/405/request_for_information

  • Housing maintenance, repairs and improvements

    At Level 1 Demonstrate knowledge and understanding of the roles of owners, occupiers, providers and local authorities in the maintenance, repair and improvement of housing. Demonstrate ...

    https://www.isurv.com/info/1447/apc_pathways/1913/technical_competencies/48

  • Business Environment Bow Lane Ltd v Deanwater Estates Ltd

    [2009] EWHC 2014 Dilapidations cases In this case, the landlord pursued a claim for damages for dilapidations in excess of ...

    https://www.isurv.com/info/455/cases/10209/business_environment_bow_lane_ltd_v_deanwater_estates_ltd

  • Phillips and another v Francis and another

    Phillips and another v Francis and another [2014] EWCA Civ 1395 ...

    https://www.isurv.com/info/455/cases/8310/phillips_and_another_v_francis_and_another

  • Wiggington & Milner Ltd v Winster Engineering Ltd

    [1978] 1 WLR 1462; [1978] 3 All ER 436; (1978) 36 P&CR 203 Conveyance - boundary - plan "for identification purposes only" attached to conveyance ...

    https://www.isurv.com/info/455/cases/3151/wiggington_and_milner_ltd_v_winster_engineering_ltd

  • Summary and legal basis

    In almost all commercial tenancies there will be obligations concerning the form and condition of the premises. This section considers how to identify the extent ...

    https://www.isurv.com/info/39/dilapidations/4933/introduction

  • BP Refinery (Westernport) Pty Ltd v Shire of Hastings

    [1978] 52 ALJR 20 Commercial property - property management - dilapidations - terms in a contract - dilapidations case law The ...

    https://www.isurv.com/info/455/cases/6781/bp_refinery_westernport_pty_ltd_v_shire_of_hastings

  • Dilapidations Protocol overview

    An important precept of the CPR was that it should reduce the number of disputes that resulted in court proceedings. This would reduce the burden ...

    https://www.isurv.com/info/39/dilapidations/4953/civil_procedure_rules_and_the_dilapidations_protocol/7

  • Risk assessment: commercial property

    Michael Miles reports on risk assessment issues and the physical security of building access. The costly toll of vandalism and theft on property owners and ...

    https://www.isurv.com/info/390/features_archive/3605/risk_assessment_commercial_property

  • Measuring social value

    Being able to demonstrate the social value you achieve is important in being able to win new work in establishing you have successfully made the ...

    https://www.isurv.com/info/1436/social_value/11189/measuring_social_value

  • Regent St disease (masonry and steel)

    The problem of Regent St Disease is well known in London and many cities throughout the UK , although not necessarily by the local nomenclature. ...

    https://www.isurv.com/info/1551/metal/3007/regent_st_disease_masonry_and_steel

  • Consideration of the landlord’s actual loss

    Principles of damages It is important to understand that a landlord cannot recover more than its loss. The purpose of damages is to compensate a party ...

    https://www.isurv.com/info/39/dilapidations/4944/preparing_and_serving_a_dilapidations_schedule/7

  • Tenants' remedies

    Generally a tenant will only require a remedy during the term, since it will have no interest in the property after termination, although it may ...

    https://www.isurv.com/info/39/dilapidations/4935/remedies/7

  • Cockburn v Smith

    [1924] 2 KB 119 Commercial property - property management - dilapidations - multi-let property - tenant - roof Where it ...

    https://www.isurv.com/info/455/cases/6786/cockburn_v_smith

  • Carrying out the inspection

    Having reviewed the documentation and, most importantly, fully understanding the obligations concerning the condition of the building and the elements of the building to which ...

    https://www.isurv.com/info/39/dilapidations/4938/dilapidations_inspections/2

  • Activity schedules

    In the previous examples, bills of quantities have been used as the basis for calculated tender figures. However, it also possible to use an activity ...

    https://www.isurv.com/info/1407/bills_of_quantities_for_infrastructure/10922/measurement_conventions/6

  • Jervis v Harris

    [1996] Ch 195; [1996] 1 All ER 303; [1996] 10 EG 159, CA Dilapidations - covenant to repair The case ...

    https://www.isurv.com/info/455/cases/6311/jervis_v_harris

  • Serving the schedule

    Normally, the claimant's solicitor will formally ‘serve’ the schedule of dilapidations, particularly when a formal section 146 notice or other formal notices under the lease ...

    https://www.isurv.com/info/39/dilapidations/4944/preparing_and_serving_a_dilapidations_schedule/8

  • Common law measure of damages

    When a tenant vacates a building at the end of a tenancy, it is likely to find an obligation in the lease requiring the outgoing ...

    https://www.isurv.com/info/39/dilapidations/4949/section_181_and_diminution_in_value

  • Landlords' remedies

    At or near the end of the lease If a landlord waits until the end of the term before taking action, it will have no choice ...

    https://www.isurv.com/info/39/dilapidations/4935/remedies/2

  • Practical implications of CPR for dilapidations surveyors

    In line with the parties’ duties in respect of the CPR’s ‘overriding objective of enabling the court to deal with cases justly’ dilapidations claims and ...

    https://www.isurv.com/info/39/dilapidations/4953/civil_procedure_rules_and_the_dilapidations_protocol/6

  • Costing the schedule

    It is important to establish and agree with the client if the schedule needs to be costed. This will arise if the client is seeking ...

    https://www.isurv.com/info/39/dilapidations/4944/preparing_and_serving_a_dilapidations_schedule/3

  • Activity schedules

    In the example later in this section, measurements for the BQ have been based on CESMM4. However, it also possible to use an activity schedule. When ...

    https://www.isurv.com/info/1572/standard_methods_of_measurement_in_infrastructure/12208/measurement_practice/3

  • Mason v TotalFinaElf

    (2003) EG 145, CS; [2003] EWHC 1604, Ch Landlord and tenant – covenant for tenant to keep the property ‘in good condition’ – ...

    https://www.isurv.com/info/455/cases/5007/mason_v_totalfinaelf

  • Instruction to proceed commencement of works

    Construction information is vital to all projects and virtually impossible to construct a project without. An information request schedule is a two column document detailing ...

    https://www.isurv.com/downloads/download/401/instruction_to_proceed_commencement_of_works

  • Cost report

    On a cost-based contract, use this report to show performance of cost against the baseline. Use the formulas in this report to provide the SPI ...

    https://www.isurv.com/downloads/download/2143/cost_report

  • Contaminated land liabilities agreement

    Schedule for an agreement on liability for remediation under Part IIA EPA. Two parties may wish to agree between themselves how they wish to apportion any ...

    https://www.isurv.com/downloads/download/217/contaminated_land_liabilities_agreement

  • Statutory right to renew

    The Landlord and Tenant Act 1954 gives business tenants an automatic right to renew their lease on condition that the provisions of the Act have ...

    https://www.isurv.com/info/39/dilapidations/4936/dilapidations_documentation/4

  • Duncliffe v Caerfelin Properties Ltd

    [1989] 27 E.G. 89 Dilapidations case law The assignee of a landlord's interest was not be responsible for damages for ...

    https://www.isurv.com/info/455/cases/10074/duncliffe_v_caerfelin_properties_ltd

  • Wright v Dean

    [1948] Ch. 686 Dilapidations case law The original landlord remained liable under its covenants even after an assignment of its ...

    https://www.isurv.com/info/455/cases/10072/wright_v_dean

  • Jacob Isbicki & Co Ltd v Goulding & Bird Ltd

    [1989] 1 EGLR 236, ChD Landlord and tenant – service charge –services provided by landlord contained in a schedule – lease providing for landlord to ...

    https://www.isurv.com/info/455/cases/5001/jacob_isbicki_and_co_ltd_v_goulding_and_bird_ltd

  • Dilapidations valuations examples

    Two examples of model assessments of diminution in value are provided. Both relate to an office building of 10,000 sq. ft. In Example 1, it is ...

    https://www.isurv.com/downloads/download/1345/dilapidations_valuations_examples

  • Independent expert procedural instructions

    Third-party independent surveyors are often used as independent experts in helping to settle rent review disputes. The document below is a template that could be ...

    https://www.isurv.com/downloads/download/361/independent_expert_procedural_instructions

  • Appointing a quantity surveyor in Scotland (ARCHIVED)

    Published July 1999 Archived 16 September 2024 This guide is designed specifically for clients and professionals in Scotland. It provides information on appointing a consultant in Scotland ...

    https://www.isurv.com/downloads/download/131/appointing_a_quantity_surveyor_in_scotland_archived

  • Change control in practice

    This section provides an example of how change can be managed and controlled on a live NEC 4 project. Change event schedule This sample of a change ...

    https://www.isurv.com/info/1408/change_control_and_change_management/10978/change_control_in_practice

  • Professional fees

    Professional fees include those for: the design and administration of the works preparing the schedule and negotiating the claim. Fees for the design, administration, and so on, of the works Even ...

    https://www.isurv.com/info/39/dilapidations/4944/preparing_and_serving_a_dilapidations_schedule/4

  • Dilapidations, alterations and reinstatement

    Dilapidations obligations under a lease The tenant is free to decide, as a service provider and employer, how to comply with its Equality Act obligations and duties. It ...

    https://www.isurv.com/info/28/equality_and_social_inclusion/790/equality_and_property/5

  • Commercial concerns

    1 September 2017 Daniel Stern looks at the legal issues involved in making the transition from a residential landlord to commercial property I am a residential landlord ...

    https://www.isurv.com/info/390/features_archive/11316/legal_questions_landlord_moving_from_residential_to_commercial_property

  • Upward extensions

    Extensive changes to the GPDO were introduced in August 2020 that enabled: the creation of an additional storey on a dwellinghouse (householder extension) (Class AA, Part ...

    https://www.isurv.com/info/1035/householder_development/3467/what_can_i_do_without_permission_%E2%80%93_in_my_home/3

  • What to do when the Act does not apply

    There are occasions when the protocols set out in the Part Wall etc. Act 1996 will not apply, and the building owner will have no 'rights' ...

    https://www.isurv.com/info/1184/practical_building_repairs/5294/neighbourly_matters_and_the_party_wall_etc_act_1996/4

  • Schedule 2: fluctuations – contribution, levy and tax changes (omitted in the 2024 edition)

    Schedule 2 of the 2016 edition has been omitted in the 2024 edition and the JCT Fluctuations Option is now a separate document available from ...

    https://www.isurv.com/info/1053/jct_minor_works_contract/10343/schedules/3

  • Information request schedule

    An information request schedule is a two-column document detailing the information required by the contractor, along with a corresponding date indicating when that information is ...

    https://www.isurv.com/info/256/construction_information/2182/information_release_and_request_schedules/2

  • Statements of truth

    A feature introduced by the CPR is the need for many documents in litigation to carry what is known as a statement of truth (see ...

    https://www.isurv.com/info/39/dilapidations/4953/civil_procedure_rules_and_the_dilapidations_protocol/3

  • Early consideration of the legal issues

    If it appears that a tenant or landlord has failed to meet its obligations under the lease as to the form and condition of the ...

    https://www.isurv.com/info/39/dilapidations/4935/remedies

  • Understanding the case

    Choosing the right advisors Parties should ask themselves if the opposing party has chosen the correct team of advisers to deal with the dispute, or if ...

    https://www.isurv.com/info/1107/residential_and_commercial_dispute_resolution/5539/considerations_for_dispute_claims/3

  • Qualifying long-term agreements that require public notice

    Introduction The consultation requirements are detailed in Schedule 2 of the Service Charges (Consultation Requirements) (England) Regulations 2003. Notice of intention The notice of intention requirements are broadly similar to ...

    https://www.isurv.com/info/1287/section_20/7989/works_that_require_public_notice/5

  • The statutory tenancy

    Schedule 5 of the Rent (Agriculture) Act 1976 makes detailed provision for the terms of the statutory tenancy. The statutory tenant will be subject to and ...

    https://www.isurv.com/info/1497/rural_residential_tenancies_in_england/11350/rent_agriculture_act_1976/3

  • Decarbonising at end of life

    This page considers opportunities to decarbonise at the end-of-life phase of the LCA (see Figure 5). End of life  (C1–C4) C1: Deconstruction and demolition C2: Transport C3: Waste processing C4: Disposal If ...

    https://www.isurv.com/info/1569/introduction_to_whole_life_carbon/12426/opportunities_to_decarbonise/5

  • Agricultural rents

    So far, we have considered the valuation of agricultural and rural property largely in the context of formal Red Book valuations. It is now time ...

    https://www.isurv.com/info/325/agricultural_and_rural_property/11810/agricultural_rents

  • Vural v Security Archives Ltd

    [1990] 60 P&CR 258 Dilapidations case law While the court accepted that the relevant part of the property (a factory ...

    https://www.isurv.com/info/455/cases/10178/vural_v_security_archives_ltd

  • Walker v Hatton

    (1842) Dilapidations case law This case involved a sublease that was granted just over 2 years after the head lease was ...

    https://www.isurv.com/info/455/cases/10181/walker_v_hatton

  • Individual form of contract selection drivers

    Clarity of scope: Are the sponsors’ objectives and deliverables clearly defined and understood? Can a reasonable proposal be submitted by the contractors? Cost certainty: How critical is ...

    https://www.isurv.com/info/1521/infrastructure_contract_arrangements/11604/form_of_contract/2

  • Earned value

    Monitoring your project’s performance involves determining whether you’re on, ahead of, or behind schedule and on, under, or over budget. But just comparing your actual ...

    https://www.isurv.com/info/1410/cost_management_and_planning/11041/further_aspects_of_project_monitoring

  • Yorkbrook Investments v Batten

    [1985] 2 EGLR 100 Dilapidations case law The court concluded that the landlord's obligations, which were said to be 'subject ...

    https://www.isurv.com/info/455/cases/10190/yorkbrook_investments_v_batten

  • Introduction to right of tenant to acquire a new lease

    While it is common to talk about tenants having a right to extend their leases, it is important to be clear at the outset as ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3630/flats_individual_right_of_tenant_to_acquire_new_lease

  • Permitted payments

    Permitted payments include: rent tenancy deposit holding deposit default fees (lost key or other security device, or unpaid rent) contract variation (tenant's request) early termination (tenant's request) council tax and utility bills television ...

    https://www.isurv.com/info/1590/ntselat_guide_to_lettings/12392/guide_to_prohibited_and_permitted_payments/2

  • England and Wales

    In England and Wales, the requirements are set out in Schedule 10 of the Housing Act 2004: 'Dispute resolution procedures 10    (1)    Every custodial scheme or insurance scheme ...

    https://www.isurv.com/info/1343/tenancy_deposit_adjudication/8795/the_legislative_requirements

  • Altered states

    9 February 2017 Vivien King considers the implications for re-instatement clauses of lease renewal in demised premises that have been altered by tenants ...

    https://www.isurv.com/info/390/features_archive/10660/lease_renewal_implications_for_re-instatement_clauses

  • Key documents

    Contract Data The Contract Data of the NEC3/NEC4 is more than 10 pages long and contains the information which is specific to the project. It will ...

    https://www.isurv.com/info/322/nec3_and_nec4/508/key_documents

  • Gemmell v Goldsworthy

    [1942] SASR 55 Commercial property - property management - dilapidations - covenant to decorate This was an Australian case. An ...

    https://www.isurv.com/info/455/cases/6808/gemmell_v_goldsworthy

  • Land transactions

    Land transactions are generally exempt from VAT (Schedule 9, VATA 1994) unless otherwise specified. Land includes the grant of any interest or right over the ...

    https://www.isurv.com/info/210/taxation_of_real_estate/8291/value_added_tax_vat/3

  • Demetriou v Poolaction Ltd and another

    [1991] 25 EG 113 CA Dilapidations case law In a case of the renewal of a business tenancy under the Landlord ...

    https://www.isurv.com/info/455/cases/10083/demetriou_v_poolaction_ltd_and_another

  • Succession

    The legislation makes provision for one transmission of an AAO on the death of the original occupier to a surviving spouse or family member (see Schedule ...

    https://www.isurv.com/info/1497/rural_residential_tenancies_in_england/11349/assured_agricultural_occupancies_housing_act_1988/10

  • Progress to date (lag measures)

    Outputs and interpretation Once the EVMS is established, along with the required governance and accountabilities, it is important to produce meaningful outputs that demonstrate performance to ...

    https://www.isurv.com/info/1542/earned_value_management/11849/analysis_review_and_action

  • Duke of Westminster v Guild

    [1985] QB 688 Dilapidations case law In the case of a lease that made 'careful and elaborate' provision for the ...

    https://www.isurv.com/info/455/cases/10084/duke_of_westminster_v_guild

  • Key documents

    Works information This should include the specification and drawings that define the scope of the works. The works information should be considered when deciding whether or ...

    https://www.isurv.com/info/1425/nec3_and_nec4_for_infrastructure/10949/key_documents

  • False and fraudulent claims

    Some property claims are more likely to result in false or fraudulent claims. The professional advisers (surveyors, solicitors and counsel) would not wish to be ...

    https://www.isurv.com/info/1107/residential_and_commercial_dispute_resolution/5539/considerations_for_dispute_claims/6

  • Grigsby v Melville

    [1974] 1 WLR 80, CA Commercial property - property management - dilapidations Unless the lease suggests otherwise, the property demised will ...

    https://www.isurv.com/info/455/cases/6815/grigsby_v_melville

  • Hindcastle Ltd v Barbara Attenborough Associates Ltd

    [1996] EG 32, [1996] 15 EG 103, [1996] BPIR 595, [1997] AC 70, [1996] 2 BCLC 234, [1996] 1 EGLR 94, [1996] 2 WLR 262, ...

    https://www.isurv.com/info/455/cases/10186/hindcastle_ltd_v_barbara_attenborough_associates_ltd

  • Twinmar Holdings Ltd v Klarius UK Ltd and anor

    [2013] EWHC 944 (TCC), [2013] 2 P&CR 6 Commercial property - dilapidations Twinmar was the landlord of a single-storey warehouse ...

    https://www.isurv.com/info/455/cases/7586/twinmar_holdings_ltd_v_klarius_uk_ltd_and_anor

  • Independent expert determination

    Published December 2016 Effective from December 2016 Reissued December 2023 This document is designed primarily to assist those who are appointed either by the President of RICS or ...

    https://www.isurv.com/downloads/download/2109/independent_expert_determination

  • Boswell v Crucible Steel Co

    [1925] 1 KB 119, CA Commercial property - property management - dilapidations In a case where the tenant covenanted to repair the ...

    https://www.isurv.com/info/455/cases/6780/boswell_v_crucible_steel_co

  • J A Pye (Oxford) Ltd v Graham

    [2003] 1 AC 419; [2002] 3 WLR 221; [2002] 3 All ER 865 Limitation - adverse possession - licence - licensee remaining in occupation ...

    https://www.isurv.com/info/455/cases/3138/j_a_pye_oxford_ltd_v_graham

  • Jones v Herxheimer

    [1950] 2 KB 106 Commercial property - property management - dilapidations This case gives authority for the proposition that ...

    https://www.isurv.com/info/455/cases/6822/jones_v_herxheimer

  • Alterations

    Obligations to reinstate are generally only applicable at the end of the term or when a tenant is leaving. Reinstatement obligations are usually specific and ...

    https://www.isurv.com/info/39/dilapidations/4937/key_dilapidations_issues/4

  • Main issues

    Enforcement of legislation It is not for a landlord and/or a tenant to commence proceedings relating to the Act – any claim is brought by the ...

    https://www.isurv.com/info/40/disability_discrimination_in_property/8734/landlord_and_tenant_issues

  • Conditions and variations to the lease

    Side letters It is not uncommon for leases to be varied by side letters, frequently in relation to the sanctioning of alterations carried out by the ...

    https://www.isurv.com/info/39/dilapidations/4936/dilapidations_documentation/3

  • Minerals

    A CPO may be made for the acquisition of minerals under the order land or it may apply Parts II and III of Schedule 2 ...

    https://www.isurv.com/info/126/compulsory_purchase_orders/453/special_kinds_of_land_and_cpo_protection/5

  • Elysian Fields Management Company Ltd v John Nixon and Another, Imperial Buildings Management Company Ltd v John Nixon

    [2015] UKUT 427 (LC) Service charges – estimated charges – failure to prepare audited accounts – whether estimated charges no longer recoverable due ...

    https://www.isurv.com/info/455/cases/9804/elysian_fields_management_company_ltd_v_john_nixon_and_another_imperial_buildings_management_company_ltd_v_john_nixon

  • How fees might be paid

    It is usual for fees to be charged for professional services on one of the following bases: an hourly charge or ‘rate’ a percentage fee or an incentive ...

    https://www.isurv.com/info/3/practice_management/37/fees

  • Quantitative schedule risk analysis (QSRA)

    A QSRA is similar to a QCRA but is carried out to determine the likelihood of delivering a key milestone or completion, taking into account ...

    https://www.isurv.com/info/1173/risk_management/5557/risk_process/8

  • Overview

    Sections 1 and 2 of the Tenant Fees Act 2019 (TFA 2019) prohibit landlords and letting agents from requiring certain payments (fees) to be made by a tenant ...

    https://www.isurv.com/info/1590/ntselat_guide_to_lettings/12392/guide_to_prohibited_and_permitted_payments

  • Industrial unit with short unexpired lease

    The property The property is a single industrial unit. The leaseholder entered into a lease 17 years ago, and there is an unexpired term of 8 ...

    https://www.isurv.com/info/1076/valuation_calculations/3858/leaseholds_worked_examples/4

  • Smith v Muscat

    [2003] EWCA Civ 962 Dilapidations case law A tenant who had a claim for damages against a previous landlord could ...

    https://www.isurv.com/info/455/cases/10075/smith_v_muscat

  • Work programme for sustainability appraisal

    The aim of sustainability assessment is to demonstrate how a particular development proposal will meet the goals of sustainable development. The scope, detail and content ...

    https://www.isurv.com/downloads/download/237/work_programme_for_sustainability_appraisal

  • Specific performance (by the landlord)

    Given the limited range of remedies available to tenants mid-term, specific performance is a remedy more likely to be granted to a tenant against a ...

    https://www.isurv.com/info/39/dilapidations/4935/remedies/9

  • RPH Ltd v Mirror Group (Holdings) Ltd

    [1993] 1 EGLR 74 Dilapidations case law In the case of a lease entered into before 1 January 1996, where a ...

    https://www.isurv.com/info/455/cases/10071/rph_ltd_v_mirror_group_holdings_ltd

  • Brew Bros Ltd v Snax (Ross) Ltd

    [1970] 1 QB 612; [1970] 1 All ER 587, (1968) 207 EG 341, QBD Commercial property - property management - dilapidations - terms of ...

    https://www.isurv.com/info/455/cases/6782/brew_bros_ltd_v_snax_ross_ltd

  • Risk and contingency

    When establishing the PMB and applying the costs to the activities in the schedule, it is important to think about how to ‘earn’ risk and ...

    https://www.isurv.com/info/1542/earned_value_management/11844/contractual_requirements/4

  • Easements and adverse possession under the Land Registration Act 2002

    Where a squatter obtains title to a property by adverse possession pursuant to the Land Registration Act 2002 (LRA 2002), they will be bound by easements already ...

    https://www.isurv.com/info/1365/easements/9971/statutory_rights

  • Estates Gazette Ltd v Benjamin Restaurants Ltd

    [1994] 1 W.L.R 1528 Dilapidations case law It is well known that an assignee of the tenant's interest will be liable ...

    https://www.isurv.com/info/455/cases/10073/estates_gazette_ltd_v_benjamin_restaurants_ltd

  • Glossary

    ACWP ...

    https://www.isurv.com/info/1411/cost_reporting_on_major_programmes/10936/glossary_of_acronyms_and_initialisms

  • Camden Theatre v London Scottish Properties Ltd

    [1984] Dilapidations case law There may be alternative materials to those originally used that might, for example, be cheaper. In ...

    https://www.isurv.com/info/455/cases/10177/camden_theatre_v_london_scottish_properties_ltd

  • Christopher Lee Mason v Totalfinaelf UK Ltd

    [2003] EWHC 1604 (Ch); [2003] 3 EGLR 91, Ch D; [2003] 30 EG 145 (CS) Commercial property - property management - dilapidations - ...

    https://www.isurv.com/info/455/cases/6785/christopher_lee_mason_v_totalfinaelf_uk_ltd

  • Mountain v Hastings

    [1993] 2 EGLR 53 The tenant disputed the effect of a notice to quit. Paragraph 3 of the form read: ...

    https://www.isurv.com/info/455/cases/8380/mountain_v_hastings

  • Assessing the amount of diminution

    Valuation A (compliant state) In arriving at the first valuation ‘in a compliant state’, investigations are required to help understand the type of hypothetical purchaser most ...

    https://www.isurv.com/info/39/dilapidations/4949/section_181_and_diminution_in_value/4

  • London Diocesan Fund v Avonridge Property Company Ltd

    [2005] UKHL 70 Leases - Dilapidations case law Section 25 of the Landlord and Tenant (Covenants) Act 1995, ...

    https://www.isurv.com/info/455/cases/6312/london_diocesan_fund_v_avonridge_property_company_ltd

  • Documents

    Deeds schedule It is customary for a solicitor to maintain a schedule confirming the deeds that are relevant to a particular lease. The surveyor should obtain a ...

    https://www.isurv.com/info/43/lease_renewal/1251/preliminary_issues

  • Ear to the grounds

    23 February 2017 Christopher Sullivan examines the grounds on which surveyors will be called in to help contest lease renewals Contested ...

    https://www.isurv.com/info/390/features_archive/10783/contesting_lease_renewals_when_would_a_surveyor_be_involved

  • Investigations: repairs

    The valuer should note the state of repair and condition of the property in question. This is particularly relevant for the upper parts, which, if ...

    https://www.isurv.com/info/146/retail_property/1041/high_street_investment_property/8

  • Suggested draft award

    A party wall award must be produced by the agreed surveyor or two of the appointed surveyors. This is a standard recommended party wall award ...

    https://www.isurv.com/downloads/download/24/suggested_draft_award

  • Deciding to include an EIA

    An environmental impact assessment (EIA) is required to be carried out where a proposal is likely to have a significant impact on the environment. The ...

    https://www.isurv.com/info/118/making_a_planning_application/116/general_procedures_in_making_the_application/8

  • Edlington Properties Ltd v JH Fenner & Co Ltd

    [2005] EWHC 2158 Dilapidations case law Where a freeholder had agreed to build a factory and a party had agreed ...

    https://www.isurv.com/info/455/cases/10185/edlington_properties_ltd_v_jh_fenner_and_co_ltd

  • Jenkins v Betham

    (1855) 15 CB 168 Negligence in valuations and surveys The defendant was instructed by an incoming clergyman to make a valuation ...

    https://www.isurv.com/info/455/cases/9557/jenkins_v_betham

  • Legal/regulatory compliance

    Description Legal/regulatory compliance covers a range of legal matters related to construction and property. The legal/regulatory compliance issues affecting building surveyors are increasingly complex. It is essential ...

    https://www.isurv.com/info/1487/building_surveying/7711/technical_competencies/6

  • Friends Provident Life Office v British Railways Board

    [1996] 1 All E.R. 336 Dilapidations case law Where, as in this case, the tenant's interest has been assigned, the ...

    https://www.isurv.com/info/455/cases/10070/friends_provident_life_office_v_british_railways_board

  • Pembery v Lamdin

    [1940] 2 All ER 434 Dilapidations case law An obligation to repair will not require the covenantor to carry out ...

    https://www.isurv.com/info/455/cases/10169/pembery_v_lamdin

  • Dr A T Ibrahim v Dovecorn Reversions and ors

    [2001] 30 EG 116  George Petersson and ors v Pitt Place (Epsom) Ltd [2001] EGCS 13 Commercial property ...

    https://www.isurv.com/info/455/cases/6795/dr_a_t_ibrahim_v_dovecorn_reversions_and_ors

  • Suitable alternative accommodation

    Both the Housing Act 1988 and the Rent (Agriculture) Act 1976 contain discretionary grounds for possession in circumstances where suitable alternative accommodation is available for ...

    https://www.isurv.com/info/1497/rural_residential_tenancies_in_england/11351/suitable_alternative_accommodation

  • Quantitative risk analysis (QRA)

    In many circumstances, and increasingly on major projects, it is desirable to quantify the risks to a project’s cost and time targets. The RICS New ...

    https://www.isurv.com/info/1173/risk_management/5557/risk_process/6

  • Afro-Caribbean Housing Association v Commissioners for Revenue and Customs

    [2006] VAT decision 19450 Value added tax - supply of services - provision of hotel accommodation for more than 28 days - leasing of immovable ...

    https://www.isurv.com/info/455/cases/4180/afro-caribbean_housing_association_v_commissioners_for_revenue_and_customs

  • Disputes

    There may come a point where further dialogue will not be productive, due to irreconcilable differences or because one party is ignoring the other. At ...

    https://www.isurv.com/info/39/dilapidations/4948/dialogue_and_disputes/2

  • Rent (Agriculture) Act 1976 in Wales

    Schedule 2 of the RHWA confirms that occupiers protected under the 1976 Act will not be affected by the new regime. Their occupation will continue ...

    https://www.isurv.com/info/1497/rural_residential_tenancies_in_england/11350/rent_agriculture_act_1976/10

  • What are qualifying works?

    The consultation requirements for qualifying works are in Schedule 4 of The Service Charges (Consultation Requirements) (England) Regulations 2003. Schedule 4, Part 1 relates to public ...

    https://www.isurv.com/info/1287/section_20/7981/qualifying_works

  • The need for an inventory

    An inventory is a document (preferably professionally prepared) detailing the condition of a property room by room, together with a listing of the contents of ...

    https://www.isurv.com/info/344/setting_up_the_tenancy/2350/inventories/2

  • Baseline

    Many large infrastructure programmes are moving towards using ‘baselines’ as a performance measurement tool. A baseline is used to measure how performance deviates from the original ...

    https://www.isurv.com/info/1410/cost_management_and_planning/11034/tendering/4

  • Offers to settle

    The idea of making a 'formal' offer to settle in the context of a dispute, whether it be in traditional litigation or an arbitration etc, ...

    https://www.isurv.com/info/39/dilapidations/4953/civil_procedure_rules_and_the_dilapidations_protocol/5

  • Siemens Hearing Instruments Ltd v Friends Life Ltd

    [2014] EWHC Civ 382, [2014] PLSCS 114 Commercial property - property management - dilapidations - break clauses This is a ...

    https://www.isurv.com/info/455/cases/8014/siemens_hearing_instruments_ltd_v_friends_life_ltd

  • Car Giant Ltd & Anor v London Borough of Hammersmith Borough of Hammersmith and Fulham

    [2017] EWHC 197 (TCC) Dilapidations – Section 18(1) and diminution in value – Landlord's intentions In this case the common law ...

    https://www.isurv.com/info/455/cases/11183/car_giant_ltd_and_anor_v_london_borough_of_hammersmith_borough_of_hammersmith_and_fulham

  • Overview of the Act

    On 1 October, 2006, the Regulatory Reform (Fire safety) Order 2005 (RRO) came into force. Jim Fitzpatrick MP, Fire and Rescue Service Minister, said: 'The reform of ...

    https://www.isurv.com/info/89/construction_site_fire_safety/700/regulatory_reform_fire_safety_order_2005

  • Notification and response to observations

    Notification of proposed contract The landlord shall give notice in writing to each tenant and any recognised tenants’ association of their intention to enter into the ...

    https://www.isurv.com/info/1287/section_20/7989/works_that_require_public_notice/4

  • Eyre v McCracken

    [2000] EWCA Civ 501; (2001) 33 HLR 16; (2000) 80 P&CR 220; [2000] L&TR 411, CA  Commercial property - property management - dilapidations ...

    https://www.isurv.com/info/455/cases/6805/eyre_v_mccracken

  • Worked example: cost performance reporting

    Project A: Target ...

    https://www.isurv.com/info/1411/cost_reporting_on_major_programmes/10934/practical_application/3

  • Carmel Southend Ltd v Strachan and Henshaw Ltd

    [2007] 3 EGLR 15; [2007] EWHC 1289 (TCC) Commercial property - property management - dilapidations The judge considered an issue ...

    https://www.isurv.com/info/455/cases/6784/carmel_southend_ltd_v_strachan_and_henshaw_ltd

  • Enforcement action on improvement notices

    Local authorities are empowered to take action to do work themselves if work is not carried out in accordance with an improvement notice. This power ...

    https://www.isurv.com/info/346/property_and_safety_standards/2368/the_housing_health_and_safety_rating_system/19

  • Scheme details

    If a developer is seeking to negotiate the s106 obligations on viability grounds, it is good practice to ensure the developer provides all the relevant ...

    https://www.isurv.com/info/391/mediation_for_planning/2748/the_mediation_process_typical_stages/3

  • The tenant's enquiry

    The initial enquiry could come from a telephone call, an email or a letter, and if your offices are on the high street, you may ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3631/flats_new_lease_claims_valuation_issues/3

  • Repair or improvement?

    6 July 2018 Occupiers frequently misunderstand the full extent of their liabilities and obligations under a repairing lease – which can be a costly oversight, as ...

    https://www.isurv.com/info/390/features_archive/11675/rent_and_repair_liabilities_and_obligations

  • Ravenseft Properties Ltd v Davstone (Holdings) Ltd

    [1980] QB 12; [1979] 1 All ER 929; (1978) 249 EG 51, QBD  Commercial property - property management - dilapidations - cladding ...

    https://www.isurv.com/info/455/cases/6867/ravenseft_properties_ltd_v_davstone_holdings_ltd

  • Grand v Gill

    [2011] EWCA Civ 902 Dilapidations case law In a case concerning a residential letting and the scope and extent of ...

    https://www.isurv.com/info/455/cases/10168/grand_v_gill

  • Introduction

    Public bodies must advertise certain large contracts for works or services by ‘public notice’. ‘Public notice’ is defined within the Regulations (as amended) as: “notice published, pursuant to ...

    https://www.isurv.com/info/1287/section_20/7989/works_that_require_public_notice

  • Compensation

    Paragraph 5 follows that in Schedule 13: Compensation for loss resulting from enfranchisement 5(1) Where the freeholder will suffer any loss or damage to ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3639/flats_collective_enfranchisement_valuation_issues/10

  • Sch. 13: The statutory provisions

    The statutory provisions to assess the landlord's interest as part of the premium payable for a new lease are essentially similar to those for the ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3631/flats_new_lease_claims_valuation_issues/7

  • Credit Suisse v Beegas Nominees Ltd

    [1994] 1 EGLR 76 commercial property - leases - dilapidations A covenant to keep a property in good condition may ...

    https://www.isurv.com/info/455/cases/6302/credit_suisse_v_beegas_nominees_ltd

  • NEC4 contracts

    NEC4 is fundamentally different in that all 'extensions of time' entitlements under the NEC4 are judged against the 'accepted programme' rather than against the actual ...

    https://www.isurv.com/info/256/construction_information/2183/consequences_of_late_information/2

  • Case law update

    Car Giant Ltd & Anor v London Borough of Hammersmith and Fulham [2017] EWHC 197 (TCC) The case concerned a dilapidations claim relating to 35 secondary ...

    https://www.isurv.com/info/39/dilapidations/4949/section_181_and_diminution_in_value/8

  • Gordon v Selico Co Ltd

    [1986] 1 EGLR 71 Estate agency Selico was the landlord of a block of flats. Selico's managing agent employed a ...

    https://www.isurv.com/info/455/cases/9147/gordon_v_selico_co_ltd

  • Alternative use value

    Multiplex cinemas are purpose-built units that, for commercial or planning reasons, generally offer little by way of alternative use value. However, any valuation of a ...

    https://www.isurv.com/info/147/cinemas/1048/capital_valuations/5

  • Part B (fire safety) of Schedule 1 to The Building Regulations 2010 (as amended)

    Part B (fire safety) of Schedule 1 to The Building Regulations 2010 (as amended) (the Building Regulations) relates to the health, safety and welfare of people in and about ...

    https://www.isurv.com/info/31/fire_and_life_safety/835/fire_and_life_safety_overview/5

  • Principles of earned value incorporating cost performance index and schedule performance index

    Performance management is the key to ensuring successful financial management through cost reporting on major programmes. Normally, individual projects in a programme roll up to ...

    https://www.isurv.com/info/1411/cost_reporting_on_major_programmes/10934/practical_application/2

  • Cash flow reporting

    Cash flow preparation and reporting enables businesses to ensure understanding of the timing of cost and sets out cost in and out of the business. ...

    https://www.isurv.com/info/1411/cost_reporting_on_major_programmes/10934/practical_application/8

  • Duties

    The duties to persons with one or more disability falling on persons or bodies defined in the Act (e.g. on a service provider or association) are ...

    https://www.isurv.com/info/40/disability_discrimination_in_property/8730/persons_or_bodies_with_duties_under_the_act/2

  • Barrett v Lounova (1982) Ltd

    [1990] 1 QB 348 Dilapidations case law An obligation on the landlord to repair the outside of property could be implied ...

    https://www.isurv.com/info/455/cases/10092/barrett_v_lounova_1982_ltd

  • Hazard awareness notices

    Hopefully, the hazard awareness notice (HAN) will be the normal form of enforcement action and should be used where the landlord has shown willingness to ...

    https://www.isurv.com/info/346/property_and_safety_standards/2368/the_housing_health_and_safety_rating_system/13

  • Completion notices

    The 1990 changes preserved the completion notice procedure by way of Schedule 4A of the Local Government Finance Act 1988 (LGFA 1988). This provision was ...

    https://www.isurv.com/info/169/rating_disputes/11469/appealing_to_the_upper_tribunal_lands_chamber/7

  • Types of contracts

    Major programmes in the infrastructure sector will use a multitude of different contract types as a basis for their procurement strategies. For example, in a single ...

    https://www.isurv.com/info/1411/cost_reporting_on_major_programmes/10933/general_principles/2

  • Preparing contracts

    This page discusses the preparation of smaller contracts such as the JCT Minor Works (MW), although many of the issues will be the same for ...

    https://www.isurv.com/info/1184/practical_building_repairs/5232/building_contracts_and_tenders/4

  • The role of the surveyor

    The main purpose of a bill of quantities (BQ) is as part of the tendering and procurement process. Each contractor invited to submit a tender ...

    https://www.isurv.com/info/1572/standard_methods_of_measurement_in_infrastructure/12208/measurement_practice

  • Buxton Building Contractors Ltd v Governors of Durand Primary School

    [2004] All ER (D) 89 (Apr) Construction contracts - adjudication - referral - fairness - refusal to consider evidence - failure to consider issues ...

    https://www.isurv.com/info/455/cases/2989/buxton_building_contractors_ltd_v_governors_of_durand_primary_school

  • Residential landlords

    The position is slightly simpler if landlords are letting a room in their own home and the following conditions are met. Under the terms of the ...

    https://www.isurv.com/info/1378/short-term_lettings/10164/occupancy_types_and_problems/4

  • Dorrington Belgravia Ltd v McGlashan

    [2009] 08 EG 116 Dilapidations case law - rights of light The defendants leased a residential property which had a flat ...

    https://www.isurv.com/info/455/cases/10167/dorrington_belgravia_ltd_v_mcglashan

  • Items included in the tenancy

    Often a landlord will ask what items should be left in a property. It is common sense that the equipment in a property should be ...

    https://www.isurv.com/info/344/setting_up_the_tenancy/2350/inventories

  • Notification

    The CDM Regulations require that certain construction works projects must be notified to HSE, provided that the work: is expected to take more than 30 days to be ...

    https://www.isurv.com/info/29/cdm_regulations/810/application_of_cdm_2015/3

  • Ruxley Electronics v Forsyth

    [1996] AC 344, HL Construction - defects claims - commercial property - property management - dilapidations This House of Lords ...

    https://www.isurv.com/info/455/cases/6279/ruxley_electronics_v_forsyth

  • Prioritising planned maintenance activities

    The decision to carry out a planned maintenance campaign may be based on: the maintenance plan the result of condition surveys routine inspections user feedback or a policy decision. The concept of ...

    https://www.isurv.com/info/26/planned_maintenance/757/maintenance_issues/9

  • Agricullo Ltd v Yorkshire Housing Ltd

    [2010] EWCA Civ 229 Dilapidations case law The lease provided that 'the tenant shall pay to the ...

    https://www.isurv.com/info/455/cases/7590/agricullo_ltd_v_yorkshire_housing_ltd

  • Consortium Commercial Developments Ltd v ABB Ltd

    [2015] EWHC 2128 (TCC) Commercial property - dilapidations - disrepair - section 18 - expired lease Consortium Commercial Developments Ltd ...

    https://www.isurv.com/info/455/cases/8849/consortium_commercial_developments_ltd_v_abb_ltd

  • Scope

    Highway maintenance is a wide-ranging function that includes the following general types of activity: reactive maintenance: responding to inspections, complaints or emergencies routine maintenance: providing works or ...

    https://www.isurv.com/info/1422/highway_maintenance/11987/introduction_to_highway_maintenance/3

  • NEC contract management

    Although the project schedule is pivotal to the NEC contract, there are several areas to be aware of. Time Risk Allowance: this is the element of ...

    https://www.isurv.com/info/1542/earned_value_management/11851/interfaces_with_other_subjects/2

  • Cost management

    Cost management is the management of actual performance and associated cost against that identified in the cost baseline. In doing so, cost management will include ...

    https://www.isurv.com/info/1410/cost_management_and_planning/11035/cost_management

  • Specifications

    Writing specifications should be simple; and so should the specifications themselves. That is to say, specifications should: be written in simple language as far as possible be ...

    https://www.isurv.com/info/1184/practical_building_repairs/5276/specifications

  • England: standards

    Under section 65 of the Housing Act 2004, local authorities must regard certain standards in deciding whether to grant a licence. These standards are set out ...

    https://www.isurv.com/info/345/residential_property_licensing/12055/gaining_a_licence/3

  • Requirement to take all land

    Section 8 of the Compulsory Purchase Act 1965 Section 8 of the Compulsory Purchase Act 1965 provides a mechanism whereby a landowner can require the acquiring ...

    https://www.isurv.com/info/126/compulsory_purchase_orders/457/options_for_compulsory_acquisition/5

  • Serving and appealing notices and orders

    Serving The service of improvement notices is dealt with in Part 1 of Schedule 1 to the Act, which also applies to hazard awareness notices. The service of ...

    https://www.isurv.com/info/346/property_and_safety_standards/2368/the_housing_health_and_safety_rating_system/23

  • History and schedules

    The consultation requirements under section 20 of the Landlord and Tenant Act 1985 have been amended over the years from those initially introduced in 1985. Prior to ...

    https://www.isurv.com/info/1287/section_20/7979/introduction_to_section_20/2

  • Trafford Housing Trust Ltd v Louise Rubinstein and others

    [2013] UKUT 0581 (LC) Service charges – Landlord and Tenant Act 1985, section 20 – Service Charges (Consultation Requirements) (England) Regulations 2001, schedule ...

    https://www.isurv.com/info/455/cases/8190/trafford_housing_trust_ltd_v_louise_rubinstein_and_others

  • References and case studies

    Case studies London 2012 Olympic Games London 2012 Learning Legacy – Project and Programme Management. Crossrail Crossrail Learning Legacy – Programme Controls. References APM Body of Knowledge, sixth edition ...

    https://www.isurv.com/info/1416/project_and_programme_controls/10966/references_and_further_information

  • Computation and other matters

    The percentage applied to a land transaction depends on the value of the chargeable consideration of the transaction. The rates can only be changed by ...

    https://www.isurv.com/info/210/taxation_of_real_estate/1881/stamp_duty_land_tax/2

  • Preparing and completing the document

    The tenancy agreement is divided into five sections: Section A: Basic terms Section B: Tenant’s obligations Section C: Landlord’s obligations Section D: General obligations Section E: Special conditions (clauses individually ...

    https://www.isurv.com/info/1601/assured_shorthold_tenancy_ast_templates/12492/preparing_and_completing_the_document

  • Permitted development regime

    In Schedule 1 to the General Permitted Development Orders, areas are defined where the permitted development entitlements do not apply. These protected areas, which are ...

    https://www.isurv.com/info/1503/permitted_development_rights/9129/permitted_developments/2

  • Claims against landlords

    Much, but of course not all, of what is discussed above is equally applicable in claims made by a tenant against a landlord. See also section ...

    https://www.isurv.com/info/39/dilapidations/4947/responding_to_dilapidations_claims/3

  • Summary

    Valuations to calculate the premium for a new lease under Schedule 13 range from the comparatively straightforward to the exceedingly complicated and complex. From the ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3631/flats_new_lease_claims_valuation_issues/40

  • Landlords' damages

    Damages can be defined as the sum of money that would put the landlord in the position it would have been in if the tenant ...

    https://www.isurv.com/info/39/dilapidations/4935/remedies/3

  • Recovering possession

    A landlord cannot obtain vacant possession of a dwelling-house protected by the Rent (Agriculture) Act 1976 without a court order (see section 6). The court ...

    https://www.isurv.com/info/1497/rural_residential_tenancies_in_england/11350/rent_agriculture_act_1976/8

  • Main option clauses

    The overall financial outturn of the parties is dependent on which main option is used. In other words, the risk profile of each party is ...

    https://www.isurv.com/info/1425/nec3_and_nec4_for_infrastructure/10945/how_to_use_nec3/4

  • Introduction

    To ensure EVM is embedded effectively, it is essential to consider the contractual requirements as these will play a key role in ensuring supply chain ...

    https://www.isurv.com/info/1542/earned_value_management/11844/contractual_requirements

  • Works customarily done after a building has been substantially completed

    The legislation also provides for situations where it is normal practice to partly finish the works on a new property before marketing is undertaken, the ...

    https://www.isurv.com/info/211/empty_property_rates/1886/completion_notices/5

  • Glossary

    Acronym Description ACWP Actual cost of work performed BAC Budget at completion BCWP Budgeted cost of work performed BCWS Budgeted cost of work scheduled CA Control account CBS Cost breakdown structure CPI Cost performance index CV Cost variance DR Demonstration review EAC Estimate at completion ETC Estimate to ...

    https://www.isurv.com/info/1542/earned_value_management/11853/further_information/2

  • Making a claim

    It is important to ascertain all potential targets in respect of a prospective claim and establish where the liability lies. Examine contractual documentation Access to all the ...

    https://www.isurv.com/info/90/defects_claims/705/defects_claims/4

  • Jervis v Harris clause, keys and liquidation

    10 October 2012 Our panel of property experts Tim Reid, Zena Canale and Shanna Davison offer advice on industry issues J ...

    https://www.isurv.com/info/390/features_archive/7097/commercial_property_law_faqs_jervis_v_harris_clause_keys_liquidation

  • Leases, licences and assignments

    Leases The overriding objective of a lease is to set out the relationship of the landlord and tenant and to prescribe the basis on which a ...

    https://www.isurv.com/info/39/dilapidations/4936/dilapidations_documentation/2

  • 5.4 Lettings

    You should ensure that before making any offer, potential tenants are aware of: the length of the term and ...

    https://www.isurv.com

  • Applications requiring Environmental Impact Assessments (EIAs)

    Perhaps the most significant element of validation concerns Environmental Impact Assessments (EIAs). The aim of an EIA is to protect the environment by ensuring that a local ...

    https://www.isurv.com/info/33/town_planning/869/planning_applications/4

  • Langham Estate Management Ltd v Hardy

    [2008] 3 EGLR 125 Dilapidations case law Considering the scope of the landlord’s covenants, the judge said: ‘a landlord's ...

    https://www.isurv.com/info/455/cases/10182/langham_estate_management_ltd_v_hardy

  • Preparing and executing the new lease

    Once the counter-notice is served, there is usually a period of negotiation between the landlord and the tenant as to the terms of the new ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3630/flats_individual_right_of_tenant_to_acquire_new_lease/6

  • Standard Building Contract

    The Standard Building Contract comes in three forms: Standard Building Contract with Approximate Quantities 2016 (SBC/AQ) Standard Building Contract with Quantities 2016 (SBC/Q) and Standard Building Contract without ...

    https://www.isurv.com/info/387/jct_contracts/2699/jct_contracts_suite/3

  • Liverpool City Council v Irwin

    [1977] AC 239 Dilapidations case law Liverpool City Council owned a tower block containing some 70 dwelling units. Over the years ...

    https://www.isurv.com/info/455/cases/10088/liverpool_city_council_v_irwin

  • Insights into benchmarking in the infrastructure sector

    Published August 2020 Reissued April 2023 Building a strong project programme – cost, schedule and proven delivery record – is critical for the sustained infrastructure investment that ...

    https://www.isurv.com/downloads/download/2301/insights_into_benchmarking_in_the_infrastructure_sector

  • Dialogue/stocktake

    Initially this section focuses on the dialogue between the parties following the tenant’s initial response to the landlord’s claim, and the steps that can be ...

    https://www.isurv.com/info/39/dilapidations/4948/dialogue_and_disputes

  • The difference between a building survey and an asbestos inspection

    Building surveys are carried out for a variety of different purposes, such as valuations, dilapidations, or the acquisition or sale of premises. Depending on the nature ...

    https://www.isurv.com/info/34/asbestos/887/finding_and_sampling_asbestos/3

  • Impact and terms of assured agricultural occupancies

    Impact of an AAO Assured agricultural occupancies (AAOs) confer a high level of security analogous to an assured tenancy. They provide a stark contrast to ASTs, ...

    https://www.isurv.com/info/1497/rural_residential_tenancies_in_england/11349/assured_agricultural_occupancies_housing_act_1988/4

  • Market value

    This is defined in section 19 to VATA 1994. HMRC considers that section 19(5) can be taken to have the same meaning in relation to property ...

    https://www.isurv.com/info/210/taxation_of_real_estate/8291/value_added_tax_vat/2

  • Housing associations conversions

    Housing association conversions The VAT legislation allows zero-rating to apply to services provided in the course of the conversion of a non-residential building by a  relevant ...

    https://www.isurv.com/info/57/vat/330/zero-rated_construction_services/5

  • Scheduled ancient monuments

    Scheduled ancient monuments (SAM) are nationally important sites and monuments that are afforded protection under the terms of the Ancient Monuments and Archaeological Areas Act ...

    https://www.isurv.com/info/1074/open_spaces/3830/scheduled_ancient_monuments

  • Structure and partnering documents

    The framework documents include the framework alliance agreement, which incorporates: objectives, success measures, targets and incentives timetable risk register direct award procedure and the competitive award procedure template project documents ...

    https://www.isurv.com/info/68/fac-1_tac-1_ppc2000_and_tpc2005/489/fac-1/2

  • Scope

    Highway maintenance is a wide-ranging function that includes the following general types of activity: reactive maintenance: ...

    https://www.isurv.com

  • Specialist instruction accounts

    It is also vital to consult with other members of the design team to ensure that what is being valued is correct and fairly calculated. ...

    https://www.isurv.com/info/384/final_account/2684/example_structure_for_a_final_account/2

  • Setting the project management baseline

    Key to establishing the project management baseline (PMB) is understanding customer requirements. These can be broken down into four critical elements that are essential for ...

    https://www.isurv.com/info/1542/earned_value_management/11847/project_initiation/2

  • Summary

    As with claims for new leases, valuations to calculate the collective enfranchisement price under Schedule 6 range from the comparatively straightforward to the exceedingly complicated ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3639/flats_collective_enfranchisement_valuation_issues/12

  • The relevant legislation

    The legal provisions for neighbourhood planning were introduced through Part 6 Chapter 3 of the Localism Act 2011, which amend provisions in the Town and ...

    https://www.isurv.com/info/1533/neighbourhood_planning/6999/neighbourhood_planning_-_the_legal_basis

  • Compliance with statutes

    There are many pieces of legislation that, although primarily imposing obligations on occupiers of property and their business, often have an impact in dilapidations claims. That ...

    https://www.isurv.com/info/39/dilapidations/4937/key_dilapidations_issues/6

  • How do you choose the competencies?

    First of all, remember that all candidates must achieve the mandatory competencies – there is no choice in that. The other competencies are chosen by reference ...

    https://www.isurv.com/info/1446/apc_supervisors_and_counsellors/2658/the_competencies/4

  • Lambeth London Borough Council v Jack Blackburn

    [2001] EWCA Civ 912; (2001) 25 EG 157 (CS) Adverse possession - trespass - squatter - intention to possess - animus possidendi - whether ...

    https://www.isurv.com/info/455/cases/3141/lambeth_london_borough_council_v_jack_blackburn

  • Schedule management

    Managing schedule is a key part to ensuring that work is successfully delivered to meet a client’s deadline. The controls manager will oversee the development ...

    https://www.isurv.com/info/1416/project_and_programme_controls/10961/building_successful_controls/2

  • When should it be done?

    Best practice requires that the inventory is created as close to the beginning of the tenancy as possible. In fact, ideally the inventory provider should ...

    https://www.isurv.com/info/427/inventory_and_schedule_of_condition/2912/preparing_the_inventory

  • Ramjotton v Patel

    [2021] UKUT 0019 (LC) Service charges – administration charges – contractual liability, paragraph 5A of Schedule 11 to the Commonhold and Leasehold Reform Act 2002 – ...

    https://www.isurv.com/info/332/service_charges_case_law/12365/ramjotton_v_patel

  • Digital communications

    Since the implementation of the government’s digital communications infrastructure strategy in 2015, the UK has seen a huge increase in the capacity of both fibre-optic and mobile ...

    https://www.isurv.com/info/1534/infrastructure_planning_and_development/11819/infrastructure_types_and_approaches/8

  • Chargeable consideration

    SDLT is based on chargeable consideration for a land transaction. Chargeable consideration is defined as: any consideration in money or money's worth given for the subject matter of ...

    https://www.isurv.com/info/1539/stamp_duty_land_tax/2730/what_is_stamp_duty_land_tax/3

  • Assethold Ltd v NM Watts and others

    [2014] UKUT 537(LC) Service charges – recoverability – covenants – legal costs The appellant landlord appealed against a decision of ...

    https://www.isurv.com/info/455/cases/8690/assethold_ltd_v_nm_watts_and_others

  • Protection of easements

    Since the Land Registration Act 1925, HM Land Registry has kept a register of title to land in England and Wales. The vast majority of land in ...

    https://www.isurv.com/info/1365/easements/9971/statutory_rights/2

  • Earle v Charalambous

    [2006] EWCA Civ 1090 Calabar Properties Ltd v Stitcher [1984] 1 WLR 287 Wallace v Manchester City ...

    https://www.isurv.com/info/455/cases/6797/earle_v_charalambous

  • Sweeper clauses

    When drafting a lease for, say, a term of 20 years, the landlord may not be able to predict with certainty what services will be ...

    https://www.isurv.com/info/332/service_charges_case_law/2424/general_principles_of_service_charges/3

  • Intermediate Building Contracts

    The Intermediate Building Contract comes in two forms: Intermediate Building Contract 2016 (IC) and Intermediate Building Contract with contractor's design 2016 (ICD). Another popular form, the IC is ...

    https://www.isurv.com/info/387/jct_contracts/2699/jct_contracts_suite/2

  • Consents plan

    A consents plan should be created at the beginning (outcome definition/feasibility stage) of the project. It is here where consents add the most value to ...

    https://www.isurv.com/info/1415/consents_management/10940/consents_for_major_infrastructure_projects/6

  • Leases

    The taxpayer will be liable to CGT on the disposal of a lease for a premium as either an assignment (selling an existing lease) or ...

    https://www.isurv.com/info/210/taxation_of_real_estate/1878/capital_gains_tax/4

  • Tools and systems

    The level of earned value application will depend on the value and complexity of the project and associated schedule: Small projects: simple solutions with minimal logic ...

    https://www.isurv.com/info/1542/earned_value_management/11843/implementing_evm/2

  • Premiums

    Premiums paid by tenants Lease premiums are taxed as any other capital consideration – between 0% and 15%. Reverse premiums Where the landlord pays the tenant to take ...

    https://www.isurv.com/info/1539/stamp_duty_land_tax/2736/stamp_duty_land_tax_on_leases

  • Non-Housing Act tenancies

    Certain tenancies fall outside the regime set up by the Housing Act 1988.The exclusions are found in section 1 and schedule 1 of the Act, ...

    https://www.isurv.com/info/1331/types_of_tenancies/8611/tenancies_under_the_housing_acts/4

  • Schedule 13 outlined

    In outline, Schedule 13 is made up of 3 Parts and 10 paragraphs as follows: Part I: General (paragraph 1) Paragraph 1: Definition of an 'intermediate leasehold interest'. Part ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3631/flats_new_lease_claims_valuation_issues/4

  • Northern Ireland: empty property rates

    The rating of unoccupied non-domestic property was introduced in Northern Ireland from 1 April 2004, which was later than on the mainland. The term used ...

    https://www.isurv.com/info/211/empty_property_rates/5744/northern_ireland_empty_property_rates

  • Surveyor as an adviser and expert

    As an adviser Generally speaking the surveyor will be instructed, at least initially, as an adviser for either the landlord or the tenant. A surveyor appointed ...

    https://www.isurv.com/info/39/dilapidations/4953/civil_procedure_rules_and_the_dilapidations_protocol/9

  • Payment

    Price for work done to date According to Core Clause 50.2, the amount due to the contractor is the total of: price for work done to date ...

    https://www.isurv.com/info/1425/nec3_and_nec4_for_infrastructure/10952/payment

  • General obligations of the subcontractor

    The subcontractor is obliged to carry out and complete the subcontract works in accordance with the terms of the relevant subcontract. The SBCSub/D/A contains the additional ...

    https://www.isurv.com/info/1028/jct_standard_building_sub-contract/3371/carrying_out_the_subcontract_works

  • Plough Investments Ltd v Manchester City Council

    (1989) 1 EGLR 244 Commercial property - landlord and tenant – service charge – tenant’s covenant to contribute to a specified proportion of ...

    https://www.isurv.com/info/455/cases/5016/plough_investments_ltd_v_manchester_city_council

  • Minor Works

    The Minor Works Building Contract comes in two forms: Minor Works Building Contract, 2016 (MW) and Minor Works Building Contract with Contractor's Design 2016 (MWD). The Minor Works ...

    https://www.isurv.com/info/387/jct_contracts/2699/jct_contracts_suite

  • Qualifying works under a qualifying long-term agreement

    Qualifying works may be undertaken by contractors who are already contracted under a qualifying long-term agreement or under a long-term agreement that was entered into before ...

    https://www.isurv.com/info/1287/section_20/7989/works_that_require_public_notice/6

  • Planned preventative maintenance

    Published January 2022 Effective from 1 April 2022 Reissued October 2022 This professional standard has global application to commercial and residential property. It sets out the general principles ...

    https://www.isurv.com/downloads/download/2331/planned_preventative_maintenance

  • Financing

    ‘Financing’ is the arrangement to disperse capital today in return for future repayments. In short, a financing ‘instrument’ makes temporary capital available now. But each financing ...

    https://www.isurv.com/info/1417/project_funding/11009/differences_between_funding_and_financing/2

  • The concept of supersession

    Supersession is a term that appears within the second valuation ‘in actual condition’. It generally applies where the plans of either the hypothetical purchaser (under limb ...

    https://www.isurv.com/info/39/dilapidations/4949/section_181_and_diminution_in_value/3

  • Licence to occupy and holiday lets

    Licence to occupy A licence to occupy may also create difficulties for short-term lets. If a genuine licensor–licensee relationship is created, this allows more flexibility than a ...

    https://www.isurv.com/info/1378/short-term_lettings/10164/occupancy_types_and_problems/3

  • Environmental impact assessments

    Environmental issues have long been taken into account in the UK planning system. The EIA directive requirements were transposed into UK legislation by the Town and ...

    https://www.isurv.com/info/405/pre-application_preparation_and_validation/2812/pre-application_environmental_issues

  • Landlord and tenant

    At Level 1 Demonstrate knowledge and understanding of the law and practice relating to landlord and tenant. At Level 2 Apply the principles of the law and practice ...

    https://www.isurv.com/info/1447/apc_pathways/1913/technical_competencies/58

  • Interim claims against tenants

    In many instances, interim dilapidations remedies such as forfeiture and repairs notices (commonly known as ‘Jervis v Harris’) are used by the landlord to get ...

    https://www.isurv.com/info/39/dilapidations/4947/responding_to_dilapidations_claims/2

  • Complying with the rules

    PCR 2015 The PCR 2015 apply to ‘contracting authorities’. These include: central and subcentral government and other public sector bodies, including: NHS trusts foundation trusts and commissioning organisations police and fire ...

    https://www.isurv.com/info/1181/regulated_procurement/5528/pre-procurement_act_2023_regime_scope_coverage_exceptions_and_exclusions

  • Forms of target cost contract

    There are a number of published forms of target cost contract as well as numerous bespoke contracts produced by individual clients. Standard forms of target ...

    https://www.isurv.com/info/1412/managing_target_cost_contracts/10897/forms_of_target_cost_contract

  • Sutton (Hastoe) Housing Association v Williams

    (1988) 16 EG 75, (1988) 1 EGLR 56, (1988) 20 HLR 321, CA Landlord and tenant – service charge – terms of lease – repair ...

    https://www.isurv.com/info/455/cases/5029/sutton_hastoe_housing_association_v_williams

  • Office: lessee's interest

    The property The valuation is of a tenant's interest in an office in a town centre. The tenant occupies the property on a lease with 15 years ...

    https://www.isurv.com/info/1076/valuation_calculations/3862/profit_rent_worked_examples

  • Defining the change control process

    Many clients, consultants and suppliers have developed their own in-house change systems. Many software solutions also exist to define the most appropriate method for controlling ...

    https://www.isurv.com/info/82/cost_management/630/change_control_and_variations/2

  • Leases

    Leases for SDLT are very complex. The meaning of a lease is defined in Schedule 17A to the Finance Act 2003 at paragraph 1. To set down all ...

    https://www.isurv.com/info/210/taxation_of_real_estate/1881/stamp_duty_land_tax/3

  • Applications to the court or First-tier Tribunal of the Property Chamber

    By virtue of section 20, the following proceedings are to be brought in the County Court: proceedings for determining whether a person is entitled to acquire ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3646/houses_right_of_tenant_to_acquire_freehold/9

  • Worked example 1: diminution of value, no supersession

    A purchaser who plans to undertake all the dilapidations within a six-month period before seeking to actively market and let the property in its 1990s ...

    https://www.isurv.com/info/39/dilapidations/4949/section_181_and_diminution_in_value/6

  • Gibson Investments Ltd v Chesterton plc (No. 2)

    [2003] 1 EGLR 142, Ch D Commercial property - property management - dilapidations - air-conditioning - repair - renewal Air conditioning ...

    https://www.isurv.com/info/455/cases/6811/gibson_investments_ltd_v_chesterton_plc_no_2

  • Terms of the tenancy

    The parties to an Agricultural Holdings Act 1986 (1986 Act) tenancy do not enjoy the same freedom of contract as those under an Agricultural Tenancies ...

    https://www.isurv.com/info/1499/agricultural_holdings_act_1986/11341/terms_of_the_tenancy

  • Landlord's no-fault possession claim

    Landlord terminating periodic standard contract Section 178(1) of the Renting Homes (Wales) Act 2016 enables a landlord to make a possession claim in relation to a ...

    https://www.isurv.com/info/1175/tenant_arrears_and_bankruptcy/12122/possession_claims/6

  • Managing agents and notice of proposals

    Appointment of managing agent Where the proposed long-term agreement includes the appointment of managing agents, an additional statement should be included within the proposals related to ...

    https://www.isurv.com/info/1287/section_20/7985/qualifying_long-term_agreements/5

  • Recovery of charges and expenses on enforcement action

    Under section 49, local authorities are entitled to make reasonable charges and recover money in respect of expenses incurred for: serving an improvement notice making a prohibition ...

    https://www.isurv.com/info/346/property_and_safety_standards/2368/the_housing_health_and_safety_rating_system/20

  • Services, amenities and conveniences

    Where the provision in the lease uses such words as 'services', 'amenities' or 'conveniences', the interpretation of that word will depend on the context. Mullaney v ...

    https://www.isurv.com/info/332/service_charges_case_law/2426/services

  • Residential property licensing and houses in multiple occupation (HMOs)

    A section 21 notice cannot be validly served where a landlord has failed to license a property under s. 75 and s. 98 of the Housing Act 2004. This is where the property ...

    https://www.isurv.com/info/348/ending_the_tenancy_in_england/2380/preconditions_for_serving_a_valid_section_21_notice

  • Markfield Investments Ltd v Evans

    [2001] 1 WLR 1321; [2001] 2 All ER 238; [2001] 81 P & CR Adverse possession - earlier claim for possession dismissed - effect ...

    https://www.isurv.com/info/455/cases/3143/markfield_investments_ltd_v_evans

  • Sun Life Assurance plc v Thales Tracs Ltd

    [2001] 20 EG 230 The tenant made a request for a new tenancy under section 26(1) of the 1954 Act. At the time ...

    https://www.isurv.com/info/455/cases/6014/sun_life_assurance_plc_v_thales_tracs_ltd

  • Statutory powers of entry

    Notice of entry For private land (land that is not in, under or over a street), section 159 of the Water Industry Act 1991 gives the power to: lay ...

    https://www.isurv.com/info/1404/water_and_drainage/10885/supply_of_clean_water_and_removal_and_treatment_of_waste_water/3

  • Defining the change-control process

    Many clients, consultants and suppliers have developed their own 'in house' change systems. Many software solutions also exist to define the most appropriate method for ...

    https://www.isurv.com/info/1410/cost_management_and_planning/11040/change_control_and_variations/2

  • TSB Bank plc v Botham

    [1996] EGCS 149 Commercial property - property management - dilapidations - fixtures Each case turns on its own facts; in ...

    https://www.isurv.com/info/455/cases/6839/tsb_bank_plc_v_botham

  • The tender

    Although the tender is usually the contractor’s offer to carry out the works, in some cases (as a result of negotiation) it is the employer ...

    https://www.isurv.com/info/329/tendering_and_procurement_case_law/9241/tender/2

  • Glossary

    The following terms are used throughout this section. Code operator, ‘operator’ A provider of an electronic communications network or a system of infrastructure who has been given ...

    https://www.isurv.com/info/1594/telecoms/12428/glossary

  • General principles of VAT

    The general principles of VAT are considered in brief, followed by the VAT treatment of land and construction services in more detail. VAT is a turnover ...

    https://www.isurv.com/info/210/taxation_of_real_estate/8291/value_added_tax_vat

  • Calabar Properties Ltd v Stitcher

    [1984] 1 WLR 287; [1983] 3 All ER 759; (1983) 268 EG 697, CA Wallace v Manchester City Council [1998] ...

    https://www.isurv.com/info/455/cases/6783/calabar_properties_ltd_v_stitcher

  • Construction-related consents

    Noise pollution consent A noise pollution consent is made under section 61 of the Control of Pollution Act 1974. The application contains details of: the work to be carried ...

    https://www.isurv.com/info/1415/consents_management/12328/environmental_consents/2

  • Applications to the court or First-tier Tribunal of the Property Chamber

    By virtue of section 20, the following proceedings are to be brought in the County Court: proceedings for determining whether a person is entitled to acquire ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3647/houses_right_of_tenant_to_acquire_extended_lease/8

  • Stopping-up orders

    Stopping-up public highways A ‘stopping-up order’ is the legal means of removing the public’s right to pass and repass a highway. This may be required where ...

    https://www.isurv.com/info/1415/consents_management/10942/highway_and_traffic_consents/9

  • JCT Constructing Excellence Contract 2016 (CE 2016)

    The original form of the Joint Contract Tribunal’s collaborative contract was first published in 2007 and based on the BE Collaborative contract devised by the ...

    https://www.isurv.com/info/1423/alliancing_contracts/10911/alliancing_using_standard_forms/3

  • Creative Foundation v Dreamland Leisure Ltd & Ors

    [2015] EWHC 2556 (Ch) Commercial property - landlord and tenant - dilapidations - repairing obligations Dreamland Leisure Ltd was the ...

    https://www.isurv.com/info/455/cases/8850/creative_foundation_v_dreamland_leisure_ltd_and_ors

  • Notice of reasons

    Where a contract is entered into with a contractor that was neither a nominated contractor nor provided the lowest priced estimate, a further notice must ...

    https://www.isurv.com/info/1287/section_20/7985/qualifying_long-term_agreements/6

  • Requirement two: a physical feature

    Section 20(10) of the Act states a physical feature to be: ‘(a) a feature arising from the design or construction of a building; (b) a feature of ...

    https://www.isurv.com/info/40/disability_discrimination_in_property/8730/persons_or_bodies_with_duties_under_the_act/4

  • Surveyors acting for acquiring authorities

    Surveyors instructed to act for an acquiring authority in connection with a compulsory purchase order (CPO) must first gather information from everyone with an interest ...

    https://www.isurv.com/info/126/compulsory_purchase_orders/450/what_should_surveyors_do_first

  • Jurisdiction

    The Lease Valuation Tribunal's main service charge jurisdiction is to determine whether a service charge is payable under sections 27A and 27B of LTA 1985. ...

    https://www.isurv.com/info/47/service_charges_in_commercial_property/1324/leasehold_valuation_tribunal

  • Integration

    In the key elements of a contract, selection and price, communication strategies, programming, design and risk management, there is an alignment between the activities of ...

    https://www.isurv.com/info/1225/partnering_and_supply_chain_management/6755/key_elements/6

  • Hazel v Hassan Akhtar

    [2001] EWCA Civ 1883 Lease renewal Acquiescence by the landlord in the tenant's persistent failure to pay rent on time ...

    https://www.isurv.com/info/455/cases/10690/hazel_v_hassan_akhtar

  • What is earned value management (EVM)?

    Earned value builds on traditional methods of only measuring planned expenditure versus actual expenditure as a measure of progress. When used correctly, earned value is ...

    https://www.isurv.com/info/1542/earned_value_management/11842/introduction

  • Works progress and quality management

    At Level 1 Inspect and record progress and quality of building works. At Level 2 Report and advise upon the adequacy of progress and the quality of building ...

    https://www.isurv.com/info/1447/apc_pathways/1913/technical_competencies/101

  • Consents for protected streets

    Consents for protected streets are required where a street is designated as: a ‘special road’ to be used by any class of traffic (as specified by ...

    https://www.isurv.com/info/1415/consents_management/10942/highway_and_traffic_consents/5

  • Roles

    Architect/contract administrator The person who is to act as architect/contract administrator is named in Article 4. The architect/contract administrator’s principal obligations are to administer the contract, ...

    https://www.isurv.com/info/1162/jct_standard_building_contract/4960/contracts_using_jct_sbc_2024/2

  • Wales: standards

    The standards for Wales are set out in SI 2006/1715 and are almost exactly the same as those for England. However, HMOs in Wales have the advantage ...

    https://www.isurv.com/info/345/residential_property_licensing/12055/gaining_a_licence/4

  • Regard to observations and notice of reasons

    Duty to have regard to observations The landlord must have regard to any observations received during the relevant period; that is, by the due date. Notice of ...

    https://www.isurv.com/info/1287/section_20/7981/qualifying_works/5

  • Schedule 3 standards

    The standards laid out by Schedule 3 cause a great deal of concern for HMO landlords and have led to a number of appeals to ...

    https://www.isurv.com/info/345/residential_property_licensing/12055/gaining_a_licence/5

  • Possession claims in England

    Most residential tenancies in England are either assured tenancies or assured shorthold tenancies. If the tenancy is either an assured tenancy or an assured shorthold tenancy, ...

    https://www.isurv.com/info/1175/tenant_arrears_and_bankruptcy/12122/possession_claims/2

  • Post Office v Aquarius Properties Ltd

    (1987) 54 P&CR 61; [1987] 1 All ER 1055; [1987] 1 EGLR 40; (1987) 281 EG 798, CA; (1985) 276 EG 923; [1985] 2 EGLR ...

    https://www.isurv.com/info/455/cases/5019/post_office_v_aquarius_properties_ltd

  • ATs and ASTs

    Assured tenancies An assured tenancy (AT) gives the tenant exclusive occupation of all or part of the property and the landlord has the right to charge ...

    https://www.isurv.com/info/344/setting_up_the_tenancy/2343/types_of_tenancies/2

  • John Laing Construction v Amber Pass

    [2004] 2 EGLR 128 break clause - vacant possession - intention to effect a termination of lease Dilapidations case law ...

    https://www.isurv.com/info/455/cases/6862/john_laing_construction_v_amber_pass

  • Form of contract categories

    Major infrastructure clients generally appoint procurement specialists and legal consultants to produce bespoke contracts that are normally amended versions of the main contracts previously listed. ...

    https://www.isurv.com/info/1521/infrastructure_contract_arrangements/11604/form_of_contract/3

  • Statutes

    Law of Property Act 1922 – Most of the 1922 Act has either been incorporated into the 1925 Act, or abolished. However, schedule 15 remains ...

    https://www.isurv.com/info/44/leases/1283/further_information_on_leases/2

  • Interim payments

    The interim valuation date is to be specified in the contract particulars and is the point in time at which the gross valuation is calculated. The ...

    https://www.isurv.com/info/1162/jct_standard_building_contract/4964/time_and_money/6

  • Nordot Engineering Services Ltd v Siemens plc

    14 April 2000 (unreported) Adjudication - payment - schedule of rates - application for summary judgment - jurisdiction - adjudicator - confer jurisdiction ...

    https://www.isurv.com/info/455/cases/3242/nordot_engineering_services_ltd_v_siemens_plc

  • Programming and defects

    Programming The contractor is obliged to proceed regularly and diligently with the works to complete them before the completion date. The contractor is required to produce ...

    https://www.isurv.com/info/1162/jct_standard_building_contract/4963/carrying_out_the_contract_works/4

  • Background to fire and life safety legislation

    The Regulatory Reform Act 2001 and subsequent related orders brought most fire safety legislation under one umbrella and, where appropriate, eliminated duplication of requirements and enforcement. On ...

    https://www.isurv.com/info/31/fire_and_life_safety/835/fire_and_life_safety_overview/4

  • Avon Ground Rents Limited v Ward

    [2023] UKUT 88 (LC) Service charges – costs – breach of covenant – waiver The appellant was the freehold owner of a building situated in Milton Keynes. ...

    https://www.isurv.com/info/1088/landlord_and_tenant/12410/avon_ground_rents_limited_v_ward

  • Partnerships

    The partnership rules are set out in Schedule 15 to the FA 2003. When section 75C was introduced, it was thought that partnership transactions and their ...

    https://www.isurv.com/info/210/taxation_of_real_estate/1881/stamp_duty_land_tax/10

  • Common risk management definitions

    There are many terms used in the world of risk and much debate around definitions. It is advisable that standard and consistent definitions are chosen ...

    https://www.isurv.com/info/1173/risk_management/5554/the_principles_of_risk_management/2

  • Contract documents

    There will be a number of other documents that may form part of the contract in addition to the standard form JCT, for example, the ...

    https://www.isurv.com/info/1162/jct_standard_building_contract/4960/contracts_using_jct_sbc_2024/3

  • Change-control process

    Changes within construction projects are inevitable, but they should be kept to a minimum and, when they do occur, controlled rigorously. For this to happen, ...

    https://www.isurv.com/info/1410/cost_management_and_planning/11040/change_control_and_variations

  • Presentation

    The bill of quantities for civil engineering projects, when completed, is presented in class format; that is, the same order as CESMM4. For example: Class A ...

    https://www.isurv.com/info/1407/bills_of_quantities_for_infrastructure/10921/managing_the_measurement_process

  • Uddin & Anor v London Borough of Islington

    [2015] EWCA Civ 369 Commercial property - landlord and tenant - dilapidations - repairing obligations - section 11 - rising damp ...

    https://www.isurv.com/info/455/cases/8851/uddin_and_anor_v_london_borough_of_islington

  • Brown's Operating System Services Ltd v Southwark Roman Catholic Diocesan Corporation (2007)

    [2007] EWCA Civ 164; PLSC 44 (CA) Commercial property – landlord and tenant – service charge – terms of lease – surplus from annual ...

    https://www.isurv.com/info/455/cases/4987/browns_operating_system_services_ltd_v_southwark_roman_catholic_diocesan_corporation

  • Postel Properties Ltd and another v Boots the Chemist

    [1996] 41 EG 164, QB; [1996] 2 EGLR 60, QBD Commercial property - landlord and tenant – repairs – whether the repairs ...

    https://www.isurv.com/info/455/cases/5018/postel_properties_ltd_and_another_v_boots_the_chemist

  • Valuing variations under JCT

    The use of quotations is optional in many of the JCT standard forms. Under the JCT Standard Building Contract with Quantities (JCT SBC/Q 2016) form ...

    https://www.isurv.com/info/1170/valuing_change/5383/valuing_variations_in_advance

  • Screening

    The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 and the Town and Country Planning (Environmental Impact Assessment (Scotland) Regulations 2017 require the local planning authority ...

    https://www.isurv.com/info/405/pre-application_preparation_and_validation/2812/pre-application_environmental_issues/2

  • Land registry issues

    All easements (whether legal or equitable) expressly created on or after 13 October 2003 must be registered (even if they are contained in an unregistrable ...

    https://www.isurv.com/info/1241/easements_in_freehold_property/7044/land_registry_issues

  • Price for Work Done to Date

    According to Core Clause 50.2 of NEC3 and 50.3 of NEC4, the amount due to the Contractor is the total of: Price for Work Done to ...

    https://www.isurv.com/info/322/nec3_and_nec4/512/payment

  • Worked example 2: diminution of value, with supersession

    A purchaser who plans to upgrade the property to a category A specification within nine months, which would supersede 50% of the dilapidations before seeking to ...

    https://www.isurv.com/info/39/dilapidations/4949/section_181_and_diminution_in_value/7

  • Change control process

    Changes in construction projects are inevitable, but should be kept to a minimum and, when they do occur, controlled rigorously. For this to happen, there ...

    https://www.isurv.com/info/82/cost_management/630/change_control_and_variations

  • Security of tenure and possession

    Section 5(1) of the Housing Act 1988 confirms that an AAO cannot be ended by the landlord except by obtaining an order for possession from ...

    https://www.isurv.com/info/1497/rural_residential_tenancies_in_england/11349/assured_agricultural_occupancies_housing_act_1988/8

  • The party wall award

    A party wall award will be produced by the agreed surveyor or, usually, two of the surveyors appointed by the parties. The award will usually include relevant drawings ...

    https://www.isurv.com/info/20/surveying_party_walls/652/the_party_wall_award

  • Current jurisdiction

    The current jurisdiction of the Tribunal falls into these separate categories: Applications under section 28 or section 30 of the Land Drainage Act 1991. These provide a remedy for owners and ...

    https://www.isurv.com/info/195/agricultural_and_rural_disputes/1729/the_agricultural_land_tribunal_and_the_first-tier_tribunal_property_chamber/2

  • CDM 2015 transition provisions

    11 February 2016 Helen Turner considers how contractors can manage the transition to their roles and responsibilities under the new CDM regulations ...

    https://www.isurv.com/info/390/features_archive/8908/construction_cdm_roles

  • Buckinghamshire County Council v Moran

    [1990] Ch 623; [1989] 3 WLR 152 Limitation of action - adverse possession - whether acts of possession by adjoining owner sufficient to establish ...

    https://www.isurv.com/info/455/cases/3131/buckinghamshire_county_council_v_moran

  • Injury to persons and property

    Under clauses 6.1 and 6.2, the contractor will indemnify the employer against any expense, liability, loss, claim or proceedings arising from personal injury or death ...

    https://www.isurv.com/info/386/jct_design_and_build_contract/2693/indemnity_and_insurance_for_jct_design_and_build

  • Early neutral evaluation

    This is perhaps the least well known of the non-binding dispute resolution processes. It is a specialist area of dispute resolution that has not gained ...

    https://www.isurv.com/info/1107/residential_and_commercial_dispute_resolution/4667/non-binding_dispute_resolution/3

  • Gibson Investments Ltd v Chesterton plc (No. 1)

    [2002] EWHC 19 (Ch); [2002] All ER (D) 67, Ch D  Commercial property - property management - dilapidations - Steel frame building and corrosion ...

    https://www.isurv.com/info/455/cases/6810/gibson_investments_ltd_v_chesterton_plc_no_1

  • Parallel evolution?

    19 February 2019 The establishment of building surveying in Malaysia is comparable with its development in the UK but it has yet to achieve quite the ...

    https://www.isurv.com/info/390/features_archive/11885/surveying_in_malaysia_expanding_the_market

  • Checklist for the tenants' valuer

    Initial meeting: steering group/single point of contact float (typically to cover initial valuation and legal costs) participators/non-participators copy lease documentation access arrangements for inspections and likely timetable to service of notice. Inspections: cross section ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3639/flats_collective_enfranchisement_valuation_issues/6

  • Some specific repair issues

    There are a number of ways that a covenant to repair can be expressed. In simple terms, the obligation will be ‘to repair’ the property. ...

    https://www.isurv.com/info/39/dilapidations/4937/key_dilapidations_issues/3

  • Forms

    The legislation on compulsory purchase and compensation requires various notices to be given and orders to be made. In some cases, the form of the notice ...

    https://www.isurv.com/info/126/compulsory_purchase_orders/539/further_information_on_cpos/2

  • Blight notices

    In the context of statutory compensation, 'blight' has a defined and specific meaning, which is set out in Schedule 13 of the Town and Country ...

    https://www.isurv.com/info/126/compulsory_purchase_orders/509/purchase_and_blight_notices/2

  • Execution

    Documents in Scotland are not executed under hand or as a deed. They are required to be executed in what is called a ‘self-proving manner’ ...

    https://www.isurv.com/info/1161/scottish_construction_contracts/5169/differences_between_scottish_and_english_contracts/5

  • Preliminary notices and time limits

    With mandatory time limits applying under the Agricultural Holdings Act 1986 (the 1986 Act), it can be difficult for practitioners to chart their way through ...

    https://www.isurv.com/info/195/agricultural_and_rural_disputes/1728/arbitration_under_the_1986_act/2

  • Water Resources Act 1991

    The Water Resources Act 1991 sets out the Environment Agency's (EA) jurisdiction over main rivers, works and entry powers along with consenting and enforcement powers. It includes definitions of ...

    https://www.isurv.com/info/1404/water_and_drainage/10905/flood_and_coastal_erosion

  • Rent Act tenancies

    Introduction Some types of residential tenancy are less commonly encountered by agents. These are usually tenancies that have been in place for a substantial length of ...

    https://www.isurv.com/info/1331/types_of_tenancies/8612/special_tenancies

  • What is a qualifying long-term agreement?

    A qualifying long-term agreement is an agreement entered into, by or on behalf of the landlord or a superior landlord, for a term of more ...

    https://www.isurv.com/info/1287/section_20/7985/qualifying_long-term_agreements

  • Who prepares the inventory?

    If the agent decides to do it personally, the points to bear in mind are: The agent ...

    https://www.isurv.com/info/344/setting_up_the_tenancy/2350/inventories/3

  • Holding deposits

    Many agents take a holding deposit from tenants when that they express a desire to take a property. A holding deposit is not money taken ...

    https://www.isurv.com/info/1280/taking_deposits/7882/holding_deposits

  • Leaseholders Of Foundling Court And O’Donnell Court v The London Borough Of Camden & Ors

    [2016] UKUT 366 (LC) Service charges – Consultation – Landlord and Tenant Act 1985, section 20, section 20ZA, section 18, section 27A –Service ...

    https://www.isurv.com/info/455/cases/10794/leaseholders_of_foundling_court_and_o_donnell_court_v_the_london_borough_of_camden_and_ors

  • Riverside Property Investments Ltd v Blackhawk Automotive

    [2004] EWHC 3052 (TCC); [2005] 1 EG 94 (CS)  Commercial property - property management - dilapidations - roofs - asbestos ...

    https://www.isurv.com/info/455/cases/6868/riverside_property_investments_ltd_v_blackhawk_automotive

  • Procuring planned maintenance work

    Contracts for planned maintenance works vary with the type of planned maintenance activity. Regular inspections and minor maintenance tasks may be let on a term ...

    https://www.isurv.com/info/26/planned_maintenance/757/maintenance_issues/15

  • Lease transactions

    Any VAT incurred on, for example, refurbishment or maintenance works, is not recoverable if it is related to a VAT-exempt supply involving a lease (i.e. ...

    https://www.isurv.com/info/57/vat/326/standard-rated_supplies_of_property/3

  • Intermediate landlords – intermediate leasehold interests (ILIs): Schedule 13, Part III

    In accordance with Schedule 13, paragraph 1, an 'intermediate leasehold interest' means the interest of any person falling within section 40(4)(c), to the extent that ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3631/flats_new_lease_claims_valuation_issues/29

  • Summary

    The Leasehold Reform Act 1967 has been subject to a myriad of amendments since enactment. The extended provisions now give rights to tenants of high ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3648/houses_extended_leases_and_enfranchisement_valuation_issues/7

  • Receipt of a tenant's notice

    Anyone receiving a tenant's notice will want, in the first instance, to ascertain in what capacity they have received it, i.e. are they a competent ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3630/flats_individual_right_of_tenant_to_acquire_new_lease/5

  • Inventory compilation

    An inventory will be made before the commencement of a tenancy, after the landlord removes any personal possessions if they are the owner-occupier or any ...

    https://www.isurv.com/info/344/setting_up_the_tenancy/2350/inventories/4

  • Ask an expert

    13 October 2017 Kevin Woudman explains how independent experts can offer an effective way of resolving disputes In November 2016, RICS published its Independent expert determination UK ...

    https://www.isurv.com/info/390/features_archive/11377/dispute_resolution_independent_experts

  • A brief explanation

    The requirement for landlords to register tenants’ deposits was brought in by the Housing Act 2004 and came into effect in 2007. This requirement has been a ...

    https://www.isurv.com/info/1280/taking_deposits/7873/tenancy_deposit_protection

  • Outstanding work and completion

    Minor outstanding works Even where there are minor outstanding works, the certificate of practical completion can be issued (albeit with some risk). Such ...

    https://www.isurv.com/info/262/rectification_period/2206/liability_periods/2

  • Occupied buildings subject to alteration/extension

    The existing building and new works of occupied buildings are controlled. Extension works and alterations are subject to Part B of Schedule 1 to The Building ...

    https://www.isurv.com/info/31/fire_and_life_safety/838/other_buildings_subject_to_fire_and_life_safety_legislation

  • SDLT: higher rates on residential property

    The SDLT surcharge has been brought together in Schedule 4ZA of the Finance Act 2003 by section 128 of the Finance Act 2016. There are four conditions to ...

    https://www.isurv.com/info/210/taxation_of_real_estate/10577/finance_act_2016_changes

  • Cost validation and audit

    Purpose It is important that on any construction project, the cost management team is confident that the client is receiving value for money from its suppliers, ...

    https://www.isurv.com/info/82/cost_management/631/cost_validation_and_audit

  • Introduction

    The TAC-1 Term Alliance Contract was developed by the King's College Centre of Construction Law in parallel with the FAC - 1 Framework Alliance Contract. The ...

    https://www.isurv.com/info/68/fac-1_tac-1_ppc2000_and_tpc2005/494/tac-1

  • Cost management

    It is important that the scope of work is properly controlled, which should include controlling costs. However, it is also important that there is a ...

    https://www.isurv.com/info/376/risk_management_on_conservation_projects/2646/the_importance_of_conservation/6

  • Concept of supply

    The concept of a supply is fundamental to the operation of the VAT system. The scope of the term ‘supply’ is intentionally very wide, and ...

    https://www.isurv.com/info/57/vat/336/the_operation_of_vat/2

  • Qualifying criteria

    To qualify for protection under the Housing Act 1988 as an assured agricultural occupant, the worker must satisfy the following criteria under section 24: the agricultural ...

    https://www.isurv.com/info/1497/rural_residential_tenancies_in_england/11349/assured_agricultural_occupancies_housing_act_1988/3

  • Inspection

    Description The inspection of property is a core skill of all Building Surveying activities. It is essential that candidates exhibit a knowledge and understanding of the core ...

    https://www.isurv.com/info/1487/building_surveying/7711/technical_competencies/5

  • Statutory and other obligations (clause 7 and Schedule 18)

    The parties need to decide how additional costs resulting from a change in legislation that comes into effect after the date of agreement of the ...

    https://www.isurv.com/info/1524/icheme_contracts/11829/what_is_target_cost/2

  • Hammersmatch Properties (Welwyn) Ltd v Saint-Gobain Ceramics and Plastics Ltd

    [2013] EWHC 1161 (TCC) The landlord brought a dilapidations claim against the tenants upon the termination of a lease. The ...

    https://www.isurv.com/info/455/cases/7591/hammersmatch_properties_welwyn_ltd_v_saint-gobain_ceramics_and_plastics_ltd

  • Section 30 grounds

    If a landlord does not wish to grant the tenant a new lease it can oppose renewal of the tenant’s lease. A landlord can only ...

    https://www.isurv.com/info/43/lease_renewal/1258/landlord_opposing_renewal

  • Legal and regulatory compliance

    Description The legal/regulatory compliance issues affecting surveyors are increasingly complex and it is essential that all surveyors have an in-depth knowledge of the legal/regulatory compliance regime ...

    https://www.isurv.com/info/1480/residential_survey_and_valuation/3413/technical_competencies/3

  • Appeals

    The time limit for appealing against a completion notice is tight. It needs to be made within four weeks of the owner receiving the completion notice. The ...

    https://www.isurv.com/info/211/empty_property_rates/1886/completion_notices/3

  • Specialist reports and testing

    The surveyor may find that, in the light of the initial inspection, it is apparent that further investigation is needed, requiring input from other professionals ...

    https://www.isurv.com/info/39/dilapidations/4938/dilapidations_inspections/3

  • Licence conditions and fees

    Local authorities are entitled to place conditions on the licence. Any licence will set out the maximum number of permitted occupiers in the property, while ...

    https://www.isurv.com/info/345/residential_property_licensing/12058/licence_conditions_and_fees

  • Repair

    Determining in any one case whether actual disrepair has occurred is probably the most complex area in dilapidations. Dilapidations: The Modern Law and Practice recommends ...

    https://www.isurv.com/info/39/dilapidations/4937/key_dilapidations_issues/2

  • Telecommunications

    Statutory rights in relation to telecommunications: the legal basis for such rights, and who can acquire them The Electronic Communications Code ('the Code'), contained in Schedule 2 of Telecommunications ...

    https://www.isurv.com/info/1365/easements/9973/telecommunications

  • Ownership of the funds

    Section 18 of LTA 1985 places a statutory requirement for the investment of monies received in residential dwellings as trust funds. CLRA 2002 includes a ...

    https://www.isurv.com/info/332/service_charges_case_law/2428/sinking_funds_reserve_funds_and_depreciation_service_charges/2

  • Further reading

    Addleson, L., Building Failures: Guide to Diagnosis Remedy and Prevention, 1990 Bowyer, J., Guide to Domestic Building Surveys (4th edition), Butterworth Architecture, London, 1988 Brereton, C., The ...

    https://www.isurv.com/info/8/commercial_and_industrial_premises/86/further_information/2

  • Threshold

    Consultation is required when the relevant contribution of any tenant exceeds £250. This is often referred to by the courts as the ‘triviality threshold’. There is no ...

    https://www.isurv.com/info/1287/section_20/7981/qualifying_works/2

  • Adjustments

    The recovery of loss and/or expense should be added to the assessment of the final account. If liquated damages are due to the client as a ...

    https://www.isurv.com/info/384/final_account/2684/example_structure_for_a_final_account/4

  • Case law

    Turning to rent increase clauses in more detail, it is sometimes thought that these must act to increase the rent by a specific amount such ...

    https://www.isurv.com/info/1292/complying_with_legislation/8017/rent_increases/3

  • Most frequently used forms

    Infrastructure projects, with their mega values, technical complexities and long delivery schedules, are significantly different to standard building projects. The complexity of delivering infrastructure projects ...

    https://www.isurv.com/info/1521/infrastructure_contract_arrangements/11603/standard_forms_of_contract

  • Insurance

    At Level 1 Demonstrate knowledge and understanding of the principles and practices of insurance in relation to your area of practice. At Level 2 Apply your knowledge and/or ...

    https://www.isurv.com/info/1447/apc_pathways/1913/technical_competencies/55

  • Presentation

    The bill of quantities, when completed, is traditionally presented in work section format, that is, the same order as NRM2 for example: demolition alterations, repairs and conversion excavation ...

    https://www.isurv.com/info/303/bills_of_quantities/2169/managing_the_measurement_process

  • Outline of process and notice of intention

    Outline of process Section 20 shall apply to a qualifying long-term agreement if relevant costs incurred under the agreement in any one year exceed an amount ...

    https://www.isurv.com/info/1287/section_20/7985/qualifying_long-term_agreements/2

  • GT Scaffolding Ltd v Customs & Excise Commissioners

    [2003] VAT decision 18226 Value added tax - zero rating - construction of new dwelling - supply of services - hire of scaffolding - whether ...

    https://www.isurv.com/info/455/cases/4233/gt_scaffolding_ltd_v_customs_and_excise_commissioners

  • Exceptions from the definition of an HMO

    The definition of an HMO given so far is used as it is in Part I of the Housing Act 2004; in other words, when dealing with ...

    https://www.isurv.com/info/345/residential_property_licensing/2351/what_is_an_hmo/4

  • Brace v South East Regional Housing Association Ltd

    [1984] 1 EGLR 144 Party walls The plaintiff and the first defendant, the Association, owned 2 terraced houses. The Association wished to ...

    https://www.isurv.com/info/455/cases/10245/brace_v_south_east_regional_housing_association_ltd

  • Precise form of a CPO

    Details of the appropriate form of a CPO are set out in the Compulsory Purchase of Land (Prescribed Forms) (Ministers) Regulations 2004.  The precise form of ...

    https://www.isurv.com/info/126/compulsory_purchase_orders/452/making_a_cpo

  • Introduction to enfranchisement

    Surveyors, lawyers and others involved in residential property are often instructed to advise on a wide range of matters affecting long leases of residential property.  The ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3620/introduction_to_enfranchisement

  • Permitted development

    Permitted development (PD) refers to works not requiring formal planning consent. Major infrastructure works have PD rights if they are authorised by: an existing Act of Parliament ...

    https://www.isurv.com/info/1415/consents_management/10941/town_planning_consents/4

  • Rectification period

    The rectification period provides the contractor with a period of time after practical completion in which they can return to the site and remedy any ...

    https://www.isurv.com/info/386/jct_design_and_build_contract/2692/completion_and_claims_under_jct_design_and_build

  • Section 18(1) – limbs 1 and 2

    Section 18(1) of the 1927 Act is set out in two sections, known as limbs 1 and 2, which both need to be considered in undertaking ...

    https://www.isurv.com/info/39/dilapidations/4949/section_181_and_diminution_in_value/2

  • Overview

    When considering what effective controls looks like, we must first address what is appropriate and what is not. The core building blocks to effective controls ...

    https://www.isurv.com/info/1416/project_and_programme_controls/10959/effective_controls

  • Two Rivers Housing v Sanders

    [2022] UKUT 79 (LC) Service charges –  construction of lease – no variable service charge provisions in lease The appellant was the freeholder of a block of ...

    https://www.isurv.com/info/332/service_charges_case_law/12380/two_rivers_housing_v_sanders

  • Sch. 13: The share of freehold/999 years' lease vacant possession value

    To calculate the share of freehold/999 years' lease vacant possession value, a relativity of 99% has been applied to the new lease value; which in ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3631/flats_new_lease_claims_valuation_issues/11

  • Income tax

    In the synopsis of the following taxes, where valuation variations to market value occur they will be highlighted. Income tax is a tax on all income the source ...

    https://www.isurv.com/info/210/taxation_of_real_estate/1877/income_and_corporation_tax

  • Stages in the EIA process

    The table below outlines the main stages in the EIA process bringing out the differences between an NSIP and a project requiring consent from the ...

    https://www.isurv.com/info/98/environmental_impact_assessment/12337/stages_in_the_eia_process

  • Protected occupier status

    Section 2(1) of the 1976 Act lays down a three-stage test that must be satisfied before a protected occupancy will arise: qualifying worker qualifying ownership and relevant licence or ...

    https://www.isurv.com/info/1497/rural_residential_tenancies_in_england/11350/rent_agriculture_act_1976/2

  • Background and definitions

    Table 1 shows some of the terms commonly referred to in this section and in project and programme management literature more generally. It begins with ...

    https://www.isurv.com/info/1416/project_and_programme_controls/10947/what_are_project_and_programme_controls

  • Lovell Projects Ltd v Legg and Carver

    [2003] B.L.R. 452 Adjudication - JCT standard form - jurisdiction - application for summary judgment - enforcement - adjudicator - unfair contract terms ...

    https://www.isurv.com/info/455/cases/3244/lovell_projects_ltd_v_legg_and_carver

  • Preparing the conveyance

    Once the counter-notice is served, there is usually a period of negotiation between the reversioner and the nominee purchaser as to the terms of the ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3632/flats_collective_enfranchisement/7

  • Valuation

    Unlike other areas of infrastructure and utilities where land is acquired permanently, the right to install telecoms apparatus tends to be subject to lease agreements ...

    https://www.isurv.com/info/1594/telecoms/12431/the_electronic_communications_code/4

  • Rental valuations, investment valuations, and alternative use value

    Rental valuations The majority of leases on nightclub premises were granted on the basis that the tenant undertook the fitting-out of the premises from a shell ...

    https://www.isurv.com/info/151/nightclubs/1185/inspections_investigations_and_accounts/5

  • Empty property rates in Scotland

    Although similar in principle to the English model, the rules in Scotland vary in significant detail, particularly: the unoccupied rate currently remains at 50% of the ...

    https://www.isurv.com/info/1247/commercial_empty_property_rates/7384/scotland

  • A burning issue

    3 April 2019 Combustible cladding issues are not unique to the UK – there are also problems in Australia and New Zealand The tragic Grenfell Tower fire ...

    https://www.isurv.com/info/390/features_archive/11929/combustible_cladding_australia_and_new_zealand

  • Kensquare Limited v Boakye

    [2021] EWCA Civ 1725 Service charges – administration charges – whether time is of the essence in relation interim service charge provisions The appeal concerned two issues; ...

    https://www.isurv.com/info/332/service_charges_case_law/12376/kensquare_limited_v_boakye

  • Schedule 1: arbitration

    Clause 1 confirms that any arbitration shall be conducted in accordance with the JCT 2024 edition of the Construction Industry Model Arbitration Rules (CIAR) or ...

    https://www.isurv.com/info/1053/jct_minor_works_contract/10343/schedules

  • End of tenancy compensation

    Unlike under the common law, the Agricultural Holdings Act 1986 (1986 Act) contains a comprehensive code of compensation rights for both landlords and tenants. Claims by ...

    https://www.isurv.com/info/1499/agricultural_holdings_act_1986/11345/end_of_tenancy_compensation

  • Insolvency and frustration

    Insolvency Taking action under the Insolvency Acts may be an appropriate method of enforcing the terms of the tenancy. If it appears that such action is ...

    https://www.isurv.com/info/39/dilapidations/4935/remedies/12

  • Empty property rates in Northern Ireland

    The rating of unoccupied non-domestic property was introduced in Northern Ireland from 1 April 2004, significantly later than on the mainland. The term used is ...

    https://www.isurv.com/info/1247/commercial_empty_property_rates/7385/northern_ireland

  • Other relevant matters

    Guides The 2024 JCT suite of contracts includes a separate ‘guide’ document that provides a commentary on the clauses and various checklists, but there is no ...

    https://www.isurv.com/info/1190/jct_2024_and_2016_compared/5987/jct_2024_and_2016_compared/3

  • Impact of 1976 Act protection

    From a landlord's perspective, the existence of a 1976 Act arrangement has a significant devaluing effect on the capital value of their property.  The key implications ...

    https://www.isurv.com/info/1497/rural_residential_tenancies_in_england/11350/rent_agriculture_act_1976/4

  • Completions management

    One of the single most important lessons learned by this author in the last five years has been the unequivocal need for a robust approach ...

    https://www.isurv.com/info/1416/project_and_programme_controls/10961/building_successful_controls/4

  • Forthcoming legislative change

    Planning obligations The provisions of the Housing and Planning Act 2016 are not yet in force. Section 158 of the 2016 Act is not in force as of August ...

    https://www.isurv.com/info/120/planning_conditions_and_obligations/252/changes_to_planning_obligations

  • Implied terms

    Terms may be implied by statute or by the courts. Some terms are implied unless the contract states otherwise. Others are implied regardless of the ...

    https://www.isurv.com/info/70/non-standard_bespoke_forms_of_contract/533/key_legal_issues/3

  • Letting property management handover checklist

    Make sure you have the following details: all known contact details of the tenant; ...

    https://www.isurv.com/info/1282/different_roles_relationships_and_duties/7935/sale_of_a_tenanted_property/3

  • Moving up

    31 March 2016 Elina Grigoriou describes the take-up of the Ska rating assessment method by the higher education sector Strong growth and greater familiarity with sustainable ...

    https://www.isurv.com/info/390/features_archive/9514/ska_rating_for_higher_education_adoption_in_the_industry

  • Who is the landlord?

    Before making a claim it is important to identify who the landlord is for the purposes of Chapter II. This landlord is known as the ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3630/flats_individual_right_of_tenant_to_acquire_new_lease/3

  • The importance of change control

    Introduction What is ‘change’? In terms of live infrastructure projects, change covers anything that amends or affects the scope of works or programme, and therefore the ...

    https://www.isurv.com/info/1408/change_control_and_change_management/10927/background_and_introduction

  • Prescribed lease clauses

    After extensive consultation, the Land Registry abolished its original plan to introduce a compulsory form of lease. Instead 14 prescribed clauses were introduced, numbered LR1 ...

    https://www.isurv.com/info/44/leases/1279/land_registration/2

  • Valuations for income and corporation tax purposes

    The basic guidance is contained in Market value but there are often instances where a valuation request may be received that are at variance to ...

    https://www.isurv.com/info/210/taxation_of_real_estate/1877/income_and_corporation_tax/6

  • Penalties

    Financial penalties The consequences are set out in section 214 of the Housing Act 2004. The tenant may make an application to court if the person who ...

    https://www.isurv.com/info/1280/taking_deposits/7873/tenancy_deposit_protection/6

  • Sunlife Europe Properties Ltd v Tiger Aspect Holdings Ltd and anor

    [2013] EWHC 463 (TCC), [2013] 2 P&CR 4 The case concerns 2 properties let to the tenant under 2 full repairing leases for ...

    https://www.isurv.com/info/455/cases/7587/sunlife_europe_properties_ltd_v_tiger_aspect_holdings_ltd_and_anor

  • Definition of variation

    Variations under the subcontract are either changes to the original scope of the work the subcontractor agreed to carry out or changes to the conditions ...

    https://www.isurv.com/info/1028/jct_standard_building_sub-contract/3378/variations_under_the_subcontract

  • Valuing a variation

    Each of SBCSub/C and SBCSub/D/C contains alternative methods for valuation of variations. Unless the contractor and the subcontractor agree otherwise, a variation must be valued ...

    https://www.isurv.com/info/1028/jct_standard_building_sub-contract/3378/variations_under_the_subcontract/3

  • Ancient Monuments and Archaeological Areas Act 1979

    Under the Ancient Monuments and Archaeological Areas Act 1979, the Secretary of State has a duty to compile and maintain a schedule of monuments that ...

    https://www.isurv.com/info/124/heritage_issues/8762/legislation_policy_and_guidance/2

  • Scheduled ancient monuments

    Some ancient monuments are identified on a national schedule of ancient monuments. Any works that are likely to result in the demolition, destruction, damage, removal, ...

    https://www.isurv.com/info/1035/householder_development/3463/householder_development_key_terms/13

  • Avoiding confusion

    25 October 2016 Laurence Cobb highlights some key issues with payment notices – and some pitfalls to avoid The best way ...

    https://www.isurv.com/info/390/features_archive/10227/payment_notices_key_issues_and_pitfalls

  • Passionate or indifferent tenants

    Passionate tenants The passionate and emotional tenant may be more demanding of the landlord’s time. There could be an endless list of demands – but the ...

    https://www.isurv.com/info/1328/landlord-tenant_relationship/7966/know_the_tenant/4

  • Data structures

    Successful management (through reporting) of projects is enabled by having both a Work Breakdown Structure (WBS) and a Cost Breakdown Structure (CBS) (see also Cost ...

    https://www.isurv.com/info/1410/cost_management_and_planning/11041/further_aspects_of_project_monitoring/3

  • Notice of intention

    The notice of intention requirements are broadly similar to those where public notice is not required; that is, it should include a description of the ...

    https://www.isurv.com/info/1287/section_20/7989/works_that_require_public_notice/2

  • Demand, planning, licences, user clause and ancillary accommodation

    Demand Demand is the key determinant of value for both capital and rental properties. It must be fully understood by the valuer. Demand for different types ...

    https://www.isurv.com/info/153/restaurants/1110/aspects_affecting_value

  • Rectification of contracts, service charge reconciliation, telecoms

    4 August 2011 From our panel of property lawyers, Chris Edwards and Richard Webber offer advice on industry issues R is for ...

    https://www.isurv.com/info/390/features_archive/5537/commercial_property_law_faqs_rectification_of_contracts_service_charge_reconciliation_telecoms

  • RICS official definition

    This competency must be achieved at least to Level 1. At Level 1 Demonstrate knowledge and understanding of the techniques for conflict avoidance, conflict management and dispute ...

    https://www.isurv.com/info/1439/apc_mandatory_competencies/3291/conflict_avoidance_management_and_dispute_resolution_procedures

  • Alternative property finance

    The legislation is primarily contained in sections 71A, 72, 72A and 73 of the Finance Act 2003. Relief from multiple charges to SDLT is available for three ...

    https://www.isurv.com/info/210/taxation_of_real_estate/1881/stamp_duty_land_tax/8

  • Overview

    Local authorities are at the centre of the government's levelling-up agenda. The Levelling-up and Regeneration Act 2023 (LURA) received royal assent in 2023. LURA includes ...

    https://www.isurv.com/info/1561/local_authority_infrastructure_financing/12023/local_government_and_infrastructure

  • Option to tax

    A supplier of exempt supplies of land within Schedule 9, Group 1, VATA 1994 can elect to charge VAT under Schedule 10. The option to tax cannot be ...

    https://www.isurv.com/info/210/taxation_of_real_estate/8291/value_added_tax_vat/4

  • Yambasu v London Borough of Southwark

    [2023] UKUT 152 (LC) Service charges – consultation requirements for qualifying long-term agreements – reasonableness The appellant was the long leaseholder of a flat situated in the ...

    https://www.isurv.com/info/332/service_charges_case_law/12414/yambasu_v_london_borough_of_southwark

  • Devonport Royal Dockyards Ltd v Carrillion Construction Ltd

    [2005] All ER (D) 366 (Apr) Construction contract - adjudication - jurisdiction - power to award interest - scope of referral - whether adjudicator considered ...

    https://www.isurv.com/info/455/cases/3003/devonport_royal_dockyards_ltd_v_carrillion_construction_ltd

  • Legislation

    Acts of Parliament The Party Wall etc. Act 1996 The Commons Registration Act 1965 The Delimitation of Forests Act 1640 (since repealed by the Wild Creatures and Forest Laws Act 1971) The Limitation Act 1980 The Land ...

    https://www.isurv.com/info/21/boundary_matters/11365/boundary_matters_and_the_law

  • Fitzroy House Epworth Street (No 1) Ltd v The Financial Times

    [2006] EWCA Civ 329 Commercial property - leases - property management - dilapidations - 16-year lease - break clause The ...

    https://www.isurv.com/info/455/cases/6306/fitzroy_house_epworth_street_no_1_ltd_v_the_financial_times

  • Definition of change

    The definition of what constitutes a change is covered under clause 5.1. The definition is wide and includes: the addition, omission or substitution of any work the alteration ...

    https://www.isurv.com/info/386/jct_design_and_build_contract/2695/changes_and_valuation_under_jct_design_and_build

  • Structure and partnering documents

    TPC2005 contains the following proforma agreements: a Term Partnering Agreement stating all details specific to the partnering team and the term programme current when they enter ...

    https://www.isurv.com/info/68/fac-1_tac-1_ppc2000_and_tpc2005/495/tpc2005/5

  • The legal framework

    The right to rent provisions are in Part 3, Chapter 1 of the Immigration Act 2014, sections 20-37 and Schedule 3. Section 22(1) states that: ‘a landlord must not ...

    https://www.isurv.com/info/1357/right_to_rent_and_the_immigration_act_2014/9499/the_immigration_act_2014_and_the_right_to_rent/4

  • Relativity: what it is and Act rights

    What is relativity? While the Working Group was formulating its report, relativity was simultaneously being examined at length in the conjoined cases Nailrile Ltd v Earl ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3631/flats_new_lease_claims_valuation_issues/23

  • Pioneer Aggregates (UK) Ltd v Secretary of State for the Environment and Peak Park Joint Planning Board

    [1985] AC 132 Planning control - Town and Country Planning Act 1990 In 1950 planning permission was granted for the mining ...

    https://www.isurv.com/info/455/cases/9332/pioneer_aggregates_uk_ltd_v_secretary_of_state_for_the_environment_and_peak_park_joint_planning_board

  • Housing management and policy

    At Level 1 Demonstrate knowledge and understanding of the legislation and statutory regulations that are relevant to the management of housing. At Level 2 Apply your knowledge to ...

    https://www.isurv.com/info/1447/apc_pathways/1913/technical_competencies/49

  • Local plans and the role of infrastructure delivery plans

    What is the legal basis of the infrastructure content of local plans? The local plans system in England is set out in the Planning and Compulsory Purchase ...

    https://www.isurv.com/info/1396/what_is_infrastructure/10861/infrastructure_planning_at_different_spatial_scales/6

  • Material requirements

    All materials and goods used by the contractor must be of the kind and standard described in the employer's requirements in so far as they ...

    https://www.isurv.com/info/386/jct_design_and_build_contract/2690/work_and_materials_for_jct_design_and_build

  • Immigration Act 2016

    The Immigration Act 2016, which received royal assent on 12 May 2016, has amended the law on right to rent so that landlords and agents now ...

    https://www.isurv.com/info/1357/right_to_rent_and_the_immigration_act_2014/9503/immigration_act_2016_housing_and_planning_act_2016_and_changes_to_the_law

  • Landlord's remedies when a tenant is in breach

    There are various remedies available to a landlord where a tenant is in breach of a farm business tenancy. However, note that there is no ...

    https://www.isurv.com/info/1498/farm_business_tenancies/11337/landlords_remedies_when_a_tenant_is_in_breach

  • Water rights

    This page discusses statutory rights in relation to the transportation of water, including the legal basis for such rights and who can acquire them. The relevant ...

    https://www.isurv.com/info/1365/easements/9969/water_and_drainage/2

  • Statement of estimates

    The landlord then issues a notice together with a statement setting out: at least two of the estimated costs; a summary of all the observations received during ...

    https://www.isurv.com/info/1287/section_20/7981/qualifying_works/4

  • Practice and procedure

    The current procedure regulations in England are the Leasehold Valuation Tribunals (Procedure) (England) Regulations 2003 and in Wales the Leasehold Valuation Tribunals (Procedure) (Wales) Regulations ...

    https://www.isurv.com/info/47/service_charges_in_commercial_property/1324/leasehold_valuation_tribunal/2

  • Connected company purchaser – deemed market value

    Where the purchaser is a company the following checks must be made. Is the company 'connected' with the vendor? Is the purchaser paying for any part of the ...

    https://www.isurv.com/info/1539/stamp_duty_land_tax/2731/chargeable_consideration_for_sdlt/9

  • Property particulars

    Sales agents have a duty to prepare particulars that are in compliance with the Consumer Protection From Unfair Trading Regulations 2008. A professional ...

    https://www.isurv.com/info/1282/different_roles_relationships_and_duties/7933/marketing_a_tenanted_property_for_sale/3

  • Mandatory, additional and selective licensing

    Properties that require a licence under mandatory licensing or a local authority’s additional licensing scheme will be licensed under Part 2 of the Housing Act ...

    https://www.isurv.com/info/345/residential_property_licensing/12050/section_254_hmo_licensing/4

  • Report templates

    A wide range of EVM reports are available in cost report and graphical format. All must be tailored to the individual project to maintain relevance ...

    https://www.isurv.com/info/1542/earned_value_management/11846/basic_templates

  • PGF II SA v OMFS Company 1 Ltd

    [2013] EWCA Civ 1288 For the first time the Court of Appeal has had to decide whether and how to punish a party ...

    https://www.isurv.com/info/455/cases/7752/pgf_ii_sa_v_omfs_company_1_ltd

  • NEC4 suite

    NEC4 – the New Engineering and Construction contract, fourth edition – is a suite of contracts that replaced the NEC3 suite in 2017. It has a ...

    https://www.isurv.com/info/1424/brief_introduction_to_contracts_for_infrastructure/10974/nec4_suite

  • Gaymark Investments Pty Ltd v Walter Construction Group Ltd

    (1999) NTSC 143 Construction claim - time for completion - extension of time - delay - compliance with the contract - delay - ...

    https://www.isurv.com/info/455/cases/3987/gaymark_investments_pty_ltd_v_walter_construction_group_ltd

  • Risk management

    The core objectives of any approach to risk management should be, but are not limited to, the following: Support the delivery of the works by reducing ...

    https://www.isurv.com/info/1416/project_and_programme_controls/10961/building_successful_controls/3

  • Copies of applications to be sent to statutory consultees

    The LPA has to consult various statutory bodies for particular types of development. A full description of developments requiring consultation and a list of the ...

    https://www.isurv.com/info/118/making_a_planning_application/215/lpas_handling_of_application_procedural_requirements/4

  • Quotations and assessing compensation events under NEC4

    The process for assessing compensation events under the NEC4 standard form seeks to use contractor’s quotations as much as possible. The intention is for the ...

    https://www.isurv.com/info/1170/valuing_change/5383/valuing_variations_in_advance/2

  • People with impairments that may impede their unaided escape in a fire

    Adequate escape must be provided for mobility-impaired people, people who find steps a barrier and those with hearing and sight impairments, heart problems, breathing problems ...

    https://www.isurv.com/info/31/fire_and_life_safety/839/means_of_escape/2

  • Leasehold disputes

    Leasehold enfranchisement cases The jurisdiction of the Tribunal in relation to valuation and terms of acquisition of residential leasehold property include the: price to be paid and ...

    https://www.isurv.com/info/347/first-tier_tribunal_property_chamber/10968/types_of_applications/2

  • Types of lease

    Concurrent lease It is possible to grant more than one lease of the same property to different tenants at the same time. This is best shown by ...

    https://www.isurv.com/info/44/leases/1268/preliminary_issues/3

  • Change control on NEC projects

    The NEC Conditions of Contract have evolved since their inception in 1991. NEC is now adopted on many projects and is the preferred contract of ...

    https://www.isurv.com/info/1408/change_control_and_change_management/10977/change_control_on_nec_projects

  • Highway adoption agreements

    Section 38 agreements A section 38 agreement under the Highways Act 1980 between a developer and a highway authority makes sure that work carried out by the ...

    https://www.isurv.com/info/1415/consents_management/10942/highway_and_traffic_consents/6

  • Building pathology

    At Level 1 Demonstrate your knowledge and understanding of building defects. At Level 2 Apply your knowledge to undertake surveys, use survey and other information to diagnose cause ...

    https://www.isurv.com/info/1447/apc_pathways/1913/technical_competencies/9

  • Sch. 13: Timing of the notice of claim

    As the date the competent landlord receives the claim is the date of valuation, whether market values are rising or falling will have an effect ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3631/flats_new_lease_claims_valuation_issues/5

  • Approved Document P: Electrical safety - Dwellings

    See the full Approved Document P: Electrical safety - Dwellings (2013 edition). 2006 edition In England and Wales (Scotland has had a form of control for some ...

    https://www.isurv.com/info/54/building_control/274/approved_documents/12

  • Starting the claim

    A claim to acquire a new lease starts with the service of a tenant's notice pursuant to section 42. The date the notice is given ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3630/flats_individual_right_of_tenant_to_acquire_new_lease/4

  • Using EVM

    Benefits The benefits of using EVM are that it: provides a clear method of analysing progress against actual and budgeted costs gives early indication of current and potential performance ...

    https://www.isurv.com/info/1542/earned_value_management/11842/introduction/3

  • Introduction

    Cost is often the most sensitive issue on a project. It always receives a high level of interest and, on major publicly-funded programmes, can be ...

    https://www.isurv.com/info/1411/cost_reporting_on_major_programmes/10932/introduction

  • Who can be liable?

    The Corporate Manslaughter and Corporate Homicide Act 2007 (CMCHA 2007) only applies to corporate bodies i.e. bodies or organisations that are incorporated by law such ...

    https://www.isurv.com/info/353/corporate_manslaughter/2470/corporate_manslaughter_and_corporate_homicide_act/2

  • Making amendments

    Considerations when making amendments Amendments should be approached cautiously and legal advice ideally obtained.  Considerations include ensuring that: amendments conform to the general essence, style and language of ...

    https://www.isurv.com/info/358/standard_forms_of_contract_and_amendments/2529/amending_standard_form_contracts/2

  • Risk evaluation

    Figure 10: Step 3 – Evaluate Once the analysis has been completed, the results have to be interpreted to make them understandable to all stakeholders. Generally, client and ...

    https://www.isurv.com/info/1173/risk_management/5557/risk_process/9

  • Repair

    Over recent years there have been a number of cases concerning the repair assumption under the hypothetical tenancy. The Rating (Valuation) Act 1999 amended the ...

    https://www.isurv.com/info/169/rating_disputes/11472/rating_key_legal_issues/5

  • Change of use or disposing of certificated buildings

    Where a building (or part of a building) is used for non-qualifying purposes within 10 years of the issue of a qualifying use certificate there ...

    https://www.isurv.com/info/57/vat/327/zero-rated_supplies_of_property/10

  • That belongs to me

    19 July 2016 Mark Brassey and James McWilliams consider minimising risk of property fraud, the legal position and the Land Registry indemnity ...

    https://www.isurv.com/info/390/features_archive/9854/residential_property_fraud_minimising_the_risk

  • Variation and revocation of licences

    Local authorities can vary or revoke licences, should they consider this to be appropriate or on the basis of an application made by the licence ...

    https://www.isurv.com/info/345/residential_property_licensing/12057/variation_and_revocation_of_licences

  • Mediation

    When surveyors and solicitors think of either ADR or non-binding dispute resolutions, they usually think of mediation. Mediation is regarded as the most effective (formal) ...

    https://www.isurv.com/info/1107/residential_and_commercial_dispute_resolution/4667/non-binding_dispute_resolution/2

  • National security

    17 March 2017 Secured by Design’s National Building Approval process aims to create well-designed, secure buildings and minimise fear of crime, explains ...

    https://www.isurv.com/info/390/features_archive/10850/security_creating_secure_well-designed_buildings

  • Contract versions

    The JCT Design and Build Contract was updated in 2016 and was further updated in April 2024. This section is currently based on the 2016 version ...

    https://www.isurv.com/info/386/jct_design_and_build_contract/2687/introduction_to_jct_design_and_build

  • Evaluating the environmental statement

    The local planning authority (LPA) is responsible for evaluating the environmental statement (ES) to ensure that it addresses all the relevant environmental issues, and that the ...

    https://www.isurv.com/info/405/pre-application_preparation_and_validation/2812/pre-application_environmental_issues/4

  • Programming

    Proper programming is essential to ensure a completed project on time and at the right cost. Programming should encompass the activities of the participants with ...

    https://www.isurv.com/info/1225/partnering_and_supply_chain_management/6755/key_elements/3

  • Introduction

    The 'dual' role of the contract administrator as an agent of the employer and as middleman between employer and contractor during a construction project can ...

    https://www.isurv.com/info/333/contract_administration_case_law/2315/extensions_of_time_liquidated_damages_and_loss_and_expense

  • Disputes

    Tenancy deposit protection schemes Tenancy deposit protection (TDP) schemes are discussed in detail in the section on Taking deposits. There are currently three authorised schemes: Deposit Protection Service ...

    https://www.isurv.com/info/427/inventory_and_schedule_of_condition/2920/attributing_changes_to_the_propertys_condition/3

  • Insurance and risk

    The contractor indemnifies the employer for any loss suffered in respect of personal injury or death of any person arising out of the works, except ...

    https://www.isurv.com/info/1162/jct_standard_building_contract/4960/contracts_using_jct_sbc_2024/4

  • Residential conversions

    The legislation for residential conversions is in Group 6 of Schedule 7A of the Value Added Tax Act 1994 (VAT Act 1994). Under the legislation, ...

    https://www.isurv.com/info/57/vat/331/reduced-rate_construction_services

  • Surveyors acting for the acquiring authority

    Objections made by qualifying persons who are referred to in the compulsory purchase order (CPO) schedule are known as 'relevant objections' under the Planning and ...

    https://www.isurv.com/info/126/compulsory_purchase_orders/454/objections_to_cpos/2

  • Planning permission in principle

    The Housing and Planning Act 2016 enables automatic planning permission in principle to be granted for housing-led schemes allocated for that purpose in a development ...

    https://www.isurv.com/info/105/brownfield_development/1401/brownfield_development_incentives/4

  • Is the property listed?

    A listed building is a building that has been designated, through the Department of Culture Media and Sport, because of its special architectural or historic ...

    https://www.isurv.com/info/405/pre-application_preparation_and_validation/2814/heritage_environment_planning_considerations

  • Code of practice (PAS 64:2013)

    Reputable damage management contractors will take on board advice from the publicly available specification PAS 64:2013 (Mitigation and recovery of flood damaged buildings – Code of ...

    https://www.isurv.com/info/316/flood_remediation/2268/water_damage_mitigation/2

  • Hazardous waste regulations

    Hazardous waste is essentially waste that has hazardous properties. Examples include: asbestos waste oils (such as engine, hydraulic and fuel oil) lead–acid batteries fluorescent light tubes solvents and solvent-based paints, ...

    https://www.isurv.com/info/319/waste_management/2042/key_waste_legislation/9

  • Other tenancy considerations and section 20 notices

    Rent control In general the Housing Act 1988 abolished all forms of rent control and allowed the market to operate freely. As with assured tenancies, however, ...

    https://www.isurv.com/info/1331/types_of_tenancies/8611/tenancies_under_the_housing_acts/3

  • What is it?

    The condition of a property's contents, fixtures and fittings will change during the course of a tenancy. This can be attributed primarily to the passing ...

    https://www.isurv.com/info/427/inventory_and_schedule_of_condition/2911/purpose_of_the_inventory

  • David John Cartwright v Lydia Fay

    [2005] County Court (small claim) (unreported) Construction contracts - adjudication - adjudicator's costs and expenses - third party rights - power to impose liability for fees ...

    https://www.isurv.com/info/455/cases/2999/david_john_cartwright_v_lydia_fay

  • Scheduled ancient monuments

    The Secretary of State is responsible for compiling a schedule of ancient monuments under the Ancient Monuments and Archaeological Areas Act 1979 (as amended). Occasionally, ...

    https://www.isurv.com/info/405/pre-application_preparation_and_validation/2814/heritage_environment_planning_considerations/3

  • Section 8 of the Housing Act 1988

    Section 8 of the Housing Act 1988 provides for a landlord to recover possession from a tenant under an assured shorthold tenancy or an assured tenancy if ...

    https://www.isurv.com/info/1175/tenant_arrears_and_bankruptcy/12122/possession_claims/4

  • Outputs available from software

    Software outputs can be categorised into those that are: quantity based and report based. A quantity-based output will schedule out the quantities that have been extracted/scheduled from the model ...

    https://www.isurv.com/info/1405/quantity_takeoff_from_2d_and_3d_models/10881/processes_and_outputs/2

  • Stage 3

    The last stage of developing an ILMP is to put in place management practices and actions that will ensure the integrated objective can be met. Following ...

    https://www.isurv.com/info/100/sustainability_practice/1373/integrated_land_management_plan/4

  • Marriage value

    Schedule 6, para. 4, is the 'freeholder's share of marriage value'. Freeholder's share of marriage value 4(1) The marriage value is the amount referred to in sub-paragraph ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3639/flats_collective_enfranchisement_valuation_issues/3

  • Summary

    Table 1 below summarises the key differences between funding and financing. Table 1: The key differences between funding and financing   Funding Financing (debt) Financing (equity) Payback requirement None Principal + interest, according ...

    https://www.isurv.com/info/1417/project_funding/11009/differences_between_funding_and_financing/3

  • Doing more with less

    18 October 2013 While arguably one of the less exciting and unprofitable activities for a building surveyor, planned maintenance is the key ...

    https://www.isurv.com/info/390/features_archive/7657/building_surveying_planned_maintenance

  • Signatures

    Each page of the inventory should have a marked space in which the tenant can place their initials. This ensures that no further pages can ...

    https://www.isurv.com/info/427/inventory_and_schedule_of_condition/2913/content_of_the_inventory/5

  • Consequences of not obtaining consents

    The consequences for not obtaining consents where required can include the following. Legal challenges You could be liable to a legal challenge if you are required by ...

    https://www.isurv.com/info/1415/consents_management/10940/consents_for_major_infrastructure_projects/5

  • Earned value analysis

    Earned value analysis is a sophisticated version of the planned progress monitoring technique, utilising planned and actual progress curves. As well as measuring and comparing ...

    https://www.isurv.com/info/354/planning_and_programming/2525/monitoring_progress/3

  • LPA applications and EIAs

    Example scheme: a new industrial estate of approximately 6 hectares on a boundary of a Special Protection Area and in an Air Quality Management Area ...

    https://www.isurv.com/info/98/environmental_impact_assessment/12339/lpa_applications

  • Land owned by statutory undertakers and local authorities

    Special legislation protects the land and equipment of statutory undertakers.  The definition of statutory undertakers needs to be carefully studied, as it was significantly modified after ...

    https://www.isurv.com/info/126/compulsory_purchase_orders/453/special_kinds_of_land_and_cpo_protection/3

  • Specific performance (by the tenant)

    In the rare cases where the lease does not specifically provide a remedy to the landlord in the event of the tenant’s breach during the ...

    https://www.isurv.com/info/39/dilapidations/4935/remedies/6

  • The Equality Act for surveyors and clients

    One of the purposes of the Equality Act 2010 is to address the needs of disabled people. This is not just about carrying out alterations to ...

    https://www.isurv.com/info/28/equality_and_social_inclusion/779/equality_act_and_social_inclusion_overview/5

  • Diligent enquiry

    Finally, in seeking to identify interests to be served with a statutory notice, the acquiring authority is required to make 'diligent enquiry'. So long as ...

    https://www.isurv.com/info/126/compulsory_purchase_orders/452/making_a_cpo/4

  • Rail networks

    The rail network in the UK was originally authorised by private bills submitted and approved by Parliament. A number of the powers from these original ...

    https://www.isurv.com/info/1534/infrastructure_planning_and_development/11819/infrastructure_types_and_approaches/3

  • Preliminaries

    'Preliminaries' is the name given to works of a temporary nature, such as scaffolding, the contractor's site management, welfare facilities, insurances, and so on. Preliminaries ...

    https://www.isurv.com/info/1410/cost_management_and_planning/11039/valuations/2

  • Stage 1: base cost estimate

    At this stage, the base cost estimate is built up. It should include all the costs anticipated with the appropriate levels of risk and contingencies ...

    https://www.isurv.com/info/1409/conceptual_cost_planning_for_infrastructure/10988/building_up_the_cost_estimate/2

  • Third-party rights and collateral warranties

    Details of the intended beneficiaries of any collateral warranties or third-party rights are to be set out in bespoke documentation detailing 'Rights Particulars' (as referenced ...

    https://www.isurv.com/info/1162/jct_standard_building_contract/4960/contracts_using_jct_sbc_2024/5

  • Tender documents and assessment of tenders

    Production of the tender documents Preparation of the tender documents will be completed by the consultant and a ‘tender pack’ will be provided to the contractors ...

    https://www.isurv.com/info/1308/block_maintenance/8075/appointing_the_right_contractor/3

  • Apportionments

    In certain circumstances apportionments are required, especially in relation to mixed use of property. Particularly for SDLT purposes, where the transaction is a composite one ...

    https://www.isurv.com/info/210/taxation_of_real_estate/1876/market_value/6

  • Surveying safely in the outback

    18 April 2019 Inspecting buildings in remote or hazardous environments will proceed much more smoothly and safely with a full assessment of the risks faced, as ...

    https://www.isurv.com/info/390/features_archive/11933/hazardous_inspections_the_never_never

  • Notices to quit

    The standard methods of terminating a tenancy (such as forfeiture and surrender) are generally available to a landlord and tenant under an Agricultural Holdings Act ...

    https://www.isurv.com/info/1499/agricultural_holdings_act_1986/11342/notices_to_quit

  • Agreeing the scope and delivery terms

    The delivery of any service should be based on a formal contractual agreement. The nature of these agreements can vary significantly from formal detailed contracts ...

    https://www.isurv.com/info/249/managing_client_relationships/1969/client_relationships_in_project_delivery/3

  • Requirements for service

    The provisions for completion notices are in section 46A and Schedule 4A to the Local Government Finance Act 1988. They require billing authorities to serve ...

    https://www.isurv.com/info/211/empty_property_rates/1886/completion_notices/2

  • When do the rights apply?

    Section 1(1) of the Landlord and Tenant Act 1987 (‘the Act’) (as amended by the Housing Act 1996) prohibits a landlord from making a relevant ...

    https://www.isurv.com/info/1226/mixed-use_developments/6637/tenants_rights_of_first_refusal

  • Provisional and cost sums

    Prime cost sums The use of prime cost sums (PC sums) is less common now than in the past, due to the limited adoption of the ...

    https://www.isurv.com/info/82/cost_management/632/final_accounts/2

  • e-business assessment

    The following case study concerns a 15,000 m2 office development and car parking structure for 800 staff at a leading telecoms company site in North ...

    https://www.isurv.com/info/53/document_management/11165/case_studies/5

  • Report

    The VTDD inspection and report should be conducted in accordance with RICS’ Technical due diligence of commercial property, including all specialist insight appropriate to the property ...

    https://www.isurv.com/info/4/vendor_surveysvendor_technical_due_diligence/8638/report

  • The role of the design team

    It is important to recognise that BREEAM reflects the overall performance of the building. This means that the client, design team, principal contractor and BREEAM ...

    https://www.isurv.com/info/1252/breeam/7576/managing_the_assessment_process/5

  • Appointing a surveyor

    When a disagreement arises - whether deemed or actual - in relation to works under the Party Wall etc. Act 1996, the owners must appoint ...

    https://www.isurv.com/info/62/party_walls_construction/398/party_wall_procedure/2

  • What clients must do

    The client’s duties under CDM 2015 fall into two categories: duties that apply to projects involving only one contractor and additional duties that only apply to projects involving more ...

    https://www.isurv.com/info/29/cdm_regulations/811/clients/2

  • Aly and another v Wickham and another

    [2021] EW Misc 12 (CC) Service charges – section 18 of the Landlord and Tenant Act 1985 – fixed charge – variable charge The appellants were long ...

    https://www.isurv.com/info/332/service_charges_case_law/12374/aly_and_another_v_wickham_and_another

  • Forfeiture

    This refers to the early termination of a lease and right to re-enter the premises based on the tenant’s breach of the terms of the ...

    https://www.isurv.com/info/1175/tenant_arrears_and_bankruptcy/12120/options_for_landlords_to_recover_rent_or_otherwise_deal_with_rent_arrears/2

  • Positive disruption

    31 October 2017 Property technology can help building surveyors add value and face the future, maintains Anthony Walker In 1975, Steven Sasson – a young engineer at ...

    https://www.isurv.com/info/390/features_archive/11374/property_technology_facing_the_future

  • Framework and term service arrangements

    Where a client has an ongoing or rolling construction programme, such as planned maintenance work by a local authority or the building of houses by ...

    https://www.isurv.com/info/387/jct_contracts/2696/procurement_routes_for_jct_contracts/4

  • CESMM4

    Civil engineering standard method of measurement (CESMM4) CESMM4 is sponsored and published by the Institution of Civil Engineers. The first edition (in 1976) aimed to: 'standardise the layout and ...

    https://www.isurv.com/info/1407/bills_of_quantities_for_infrastructure/10920/standard_codes_and_methods_of_measurement

  • Procurement life cycle

    The procurement process has the following sequence: identification of a need for the project or service development of a business case to identify procurement goals and objectives preparation of ...

    https://www.isurv.com/info/1186/international_procurement/5714/overview

  • Budget and actual expenditure reporting

    Proper communication, transparency and timeliness in the production of budget and actual expenditure reports to tenants are fundamental to meeting the landlord's implied (and sometimes ...

    https://www.isurv.com/info/47/service_charges_in_commercial_property/1318/management_and_administration_of_the_service_charge/2

  • Valuation using dayworks

    If variations cannot be properly measured, they can be valued on a 'daywork' basis (clause 5.7 of JCT Standard Building Contract with Quantities (SBC/Q 2016) ...

    https://www.isurv.com/info/1170/valuing_change/5384/valuing_variations_retrospectively/2

  • UCTA and UTCCRs

    The current law relating to unfair terms in contracts is found in: Unfair Contract Terms Act 1977 (UCTA) The Unfair Terms in Consumer Contracts Regulations 1999 (UTCCRs) and Consumer Rights ...

    https://www.isurv.com/info/1330/lettings_agents_regulation_and_consumer_protection/12043/unfair_contract_terms

  • Damages

    The court can order a building owner to pay a sum of money (damages) to an adjoining owner for an interference with that owner's common ...

    https://www.isurv.com/info/20/surveying_party_walls/1606/disputes_where_no_valid_notice_has_been_properly_served/4

  • Building designed as a dwelling or number of dwellings

    The Value Added Tax Act 1994 (VAT Act 1994) defines what is meant by a building designed as a dwelling or number of dwellings at ...

    https://www.isurv.com/info/57/vat/327/zero-rated_supplies_of_property/3

  • Repair and decoration

    The implied covenant is to use property in a tenant-like manner. There is an old doctrine of 'waste', but neither adequately protects a landlord. A lease ...

    https://www.isurv.com/info/44/leases/1275/principal_covenants_in_a_lease/3

  • Implied obligations

    In addition to the statutory obligations mentioned in the previous section, which a tenant may accept in a tenancy agreement, tenants have three key obligations, ...

    https://www.isurv.com/info/426/maintenance_and_repairing_obligations/2909/the_tenants_repairing_obligations

  • 8 BCIS XML schema for elemental analyses

    This isurv section is based on BCIS Elemental Standard Form of Cost Analysis (4th (NRM) edition) published in 2012. BCIS has developed an XML schema for ...

    https://www.isurv.com/info/1144/bcis_standard_form_of_cost_analysis/6922/section_8_bcis_xml_schema_for_elemental_analyses

  • Estimated costs

    Each proposal shall contain an estimate of costs. The Service Charges (Consultation Requirements) (England) Regulations 2003 contain alternative approaches in order of preference depending on what is ...

    https://www.isurv.com/info/1287/section_20/7985/qualifying_long-term_agreements/4

  • Windermere Marina Village v (1) Ian Wild (2) Gillian Lesley Barton and others

    [2014] UKUT 0163 (LC) Service charges – Apportionment – fair apportionment – surveyors – Landlord and Tenant Act 1985, sections 18, 19 and 27 ...

    https://www.isurv.com/info/455/cases/8306/windermere_marina_village_v_1_ian_wild_2_gillian_lesley_barton_and_others

  • Health and safety plan

    Every construction project must have a construction phase plan. It is the responsibility of the contractor, or a principal contractor where appointed, to prepare this ...

    https://www.isurv.com/info/1025/health_and_safety/12452/the_construction_design_and_management_regulations_2015/7

  • New Engineering and Construction (NEC4) suite

    NEC4 is a suite of non-traditional contracts and replaced the NEC3 suite in 2017. The NEC4 suite has a high profile particularly with public sector clients. Such ...

    https://www.isurv.com/info/385/what_type_of_contract_is_needed/2679/standard_construction_forms/3

  • Meaning of terms used

    See Houses: right of tenant to acquire freehold for what is a 'house' and what are 'premises' for the purposes of Part I and the ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3647/houses_right_of_tenant_to_acquire_extended_lease/2

  • Tenure and tenancies

    Valuers should consider the tenure of the property and any impact this may have. For example, a restrictive covenant for a site to be used ...

    https://www.isurv.com/info/141/doctors_surgeries/986/factors_influencing_value/5

  • The surveyor acting as an expert witness

    Experts may be instructed either before or after proceedings are issued. If experts are instructed after proceedings are issued, they will usually be asked to ...

    https://www.isurv.com/info/21/boundary_matters/11363/methods_of_resolving_boundary_disputes/2

  • Client-side people, duties and resources

    On the client side or client representative’s side, the client’s commercial lead will usually incorporate change management into their commercial obligations and commercial reporting. Additional ...

    https://www.isurv.com/info/1408/change_control_and_change_management/10956/change_control_resources/3

  • Receipt of a notice of tenant's claim

    Anyone receiving a notice of tenant's claim, other than a person with no interest in the house and premises, must: serve a copy on anyone they ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3646/houses_right_of_tenant_to_acquire_freehold/6

  • Cost prediction/estimating

    Informed cost predictions should go beyond an expression of the scope or quantum of the works. It is necessary to consider other basic project attributes, ...

    https://www.isurv.com/info/1410/cost_management_and_planning/11031/standards_and_frameworks/3

  • Completion notices

    The ‘empty rates’ legislation includes a provision for completion notices to prevent avoidance on new buildings by simply not finishing their construction. When rates returned ...

    https://www.isurv.com/info/1247/commercial_empty_property_rates/7383/completion_notices

  • Key messages

    Actively consider the requirements of the Act as part of your early project planning. This will enable you to build into your schedule sufficient time ...

    https://www.isurv.com/info/20/surveying_party_walls/1605/disputes_%E2%80%93_practical_guide/2

  • Case studies

    Case study 1: failure to perform a check-in inspection The landlord complained that the agent, who was instructed on a full management basis, failed to carry ...

    https://www.isurv.com/info/1218/the_property_ombudsman_guide_to_lettings/6581/check-in_periodic_and_check-out_inspections/2

  • Risk reviews and reporting

    Figure 12: Step 5 – Report The aims of risk reviews are to update the risk register, add new risks, retire old ones, check and amend assessments ...

    https://www.isurv.com/info/1173/risk_management/5557/risk_process/11

  • Methods of dispute resolution

    Despite the 1986 Act containing provisions to determine disputes by arbitration under the Arbitration Act 1996 (the 1996 Act) or before the Tribunal (whether that be the Agricultural Land Tribunal or ...

    https://www.isurv.com/info/195/agricultural_and_rural_disputes/1727/agricultural_holdings_act_1986

  • Cost control

    The need to manage costs and ensure value for money is a basic requirement on any project or programme, regardless of scale. Creating an initial ...

    https://www.isurv.com/info/1416/project_and_programme_controls/10961/building_successful_controls

  • Methods of measurement

    Infrastructure clients are seemingly less and less likely to procure their construction partners using a full bill of quantities (BoQ). In order to ensure the ...

    https://www.isurv.com/info/1406/temporary_works/10899/commercial_management_of_temporary_works/4

  • Selection criteria for consultants

    Key selection criteria include: suitably qualified and competent specialists who are members of a professional institution with a professional code of conduct commitment to quality management and ...

    https://www.isurv.com/info/97/commissioning_environmental_assessments/1362/using_environmental_consultants/3

  • Consumer Rights Act 2015

    New legal regime – for contracts entered into on or after 1 October 2015 The Consumer Rights Act 2015 (CRA) consolidates and simplifies the law relating to unfair ...

    https://www.isurv.com/info/1330/lettings_agents_regulation_and_consumer_protection/12043/unfair_contract_terms/2

  • Cracking the code

    20 April 2017 Thekla Fellas gives an update on the new Electronic Communications Code and its legal implications The Digital ...

    https://www.isurv.com/info/390/features_archive/11112/telecoms_legal_implications_of_the_electronic_communications_code

  • Taking care of the detail

    18 November 2016 Shy Jackson discusses some practical issues to address when putting contracts together It goes without saying that ...

    https://www.isurv.com/info/390/features_archive/10402/contract_details_practical_issues

  • Reliefs and exemptions

    Reliefs for Stamp Duty Land Tax (SDLT) can be obtained in certain circumstances. Some general reliefs are related to the nature of the transaction, whereas ...

    https://www.isurv.com/info/210/taxation_of_real_estate/1881/stamp_duty_land_tax/5

  • Communication strategies

    It is vital for the effectiveness of a large construction project that participants take part in a communication process. This process should instil efficiencies and ...

    https://www.isurv.com/info/1225/partnering_and_supply_chain_management/6755/key_elements/2

  • Reekie v Oakwood Court Residents Association Limited

    [2023] UKUT 45 (LC) Service charges – discretion in apportionment of charges Oakwood Court was a converted Victorian building in Eastbourne. The appellant was a long leaseholder ...

    https://www.isurv.com/info/1088/landlord_and_tenant/12409/reekie_v_oakwood_court_residents_association_limited

  • Timing and appointment of the arbitrator

    The timing of the appointment of the arbitrator falls within three categories under the 1986 Act: rent review the determination of issues relating to a notice to quit ...

    https://www.isurv.com/info/195/agricultural_and_rural_disputes/1728/arbitration_under_the_1986_act/4

  • Delay in start-up

    What is covered Loss of revenue, and/or additional borrowing costs, and/or the increased cost of working if at any time during the period of insurance any ...

    https://www.isurv.com/info/1562/infrastructure_insurance/12034/classes_of_insurance/3

  • Procurement and tendering

    Description This competency relates to services and goods rather than construction. It covers the selection of service providers – pre-qualification, tender lists, selection criteria; contract selection ...

    https://www.isurv.com/info/1481/facilities_management/3407/technical_competencies/4

  • Capital valuations

    Nightclubs are valued by reference to their trading potential, with the exception of those that are either sold on an investment basis or closed nightclubs ...

    https://www.isurv.com/info/151/nightclubs/1185/inspections_investigations_and_accounts/4

  • What is a ‘non-residential’ building?

    A non-residential building is defined in Note (7) to Group 5 of Schedule 8 to the VAT Act 1994 (as amended), as follows: ‘(7)  ...

    https://www.isurv.com/info/57/vat/327/zero-rated_supplies_of_property/6

  • Procedure

    The architect/contract administrator may issue an instruction requiring a variation (clause 3.14.1) and they may sanction in writing any variation made by the contractor not ...

    https://www.isurv.com/info/1162/jct_standard_building_contract/4965/variations_under_the_jct_sbc_2024

  • Chartered surveyors' role in environmental management

    Most chartered surveyors have professional indemnity insurance (PII), which can provide cover in the event of a pollution claim made against them – always provided ...

    https://www.isurv.com/info/96/environmental_management_and_policy/1344/chartered_surveyors_role_in_environmental_management

  • Choosing a DCO or hybrid bill

    Both development consent orders (DCOs) and hybrid bills are used to promote nationally significant infrastructure, but the main difference between them is that: bills are used ...

    https://www.isurv.com/info/1534/infrastructure_planning_and_development/11825/development_consent_orders/2

  • Civil Engineering Standard Method of Measurement 4 (CESMM4)

    Published by the Institution of Civil Engineers (ICE), the first edition of CESMM appeared in 1976 in order to 'standardise the layout and contents of ...

    https://www.isurv.com/info/1572/standard_methods_of_measurement_in_infrastructure/12209/methods_of_measurement/4

  • Houses, flats and other residential accommodation

    Houses and flats Houses and flats currently have no specific requirement when occupied other than: the common areas of flats and other parts that form the workplace ...

    https://www.isurv.com/info/31/fire_and_life_safety/837/occupied_buildings/2

  • Consequential losses

    In some circumstances a landlord will also suffer consequential losses as a result of the tenant’s breaches (see Joyner v Weeks [1891]). While this section ...

    https://www.isurv.com/info/39/dilapidations/4944/preparing_and_serving_a_dilapidations_schedule/6

  • Water

    In this sector, there are two defined areas of infrastructure: water supply and waste water treatment. The Water Industry Act 1991 enables certain types of infrastructure ...

    https://www.isurv.com/info/1534/infrastructure_planning_and_development/11819/infrastructure_types_and_approaches/7

  • OJEU notifications

    Prior to Brexit, infrastructure projects that were regulated by EU procurement legislation and fell within the UCR 2016 financial threshold were required to be published ...

    https://www.isurv.com/info/1521/infrastructure_contract_arrangements/11606/eu_procurement_legislation/4

  • Assignment

    Under clause 7.1 neither party can assign the benefit of the contract without the consent of the other party. Third-party rights The Contracts (Rights of Third Parties) ...

    https://www.isurv.com/info/386/jct_design_and_build_contract/12460/other_issues_with_jct_design_and_build

  • What can be acquired?

    Freehold interests The right to collective enfranchisement is the right of qualifying tenants of flats contained in premises, to which the Act applies, to have the ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3632/flats_collective_enfranchisement/2

  • Legislation in England and Wales

    The requirement to protect tenancy deposits was introduced in the Housing Act 2004. The tenancy deposit provisions came into force on 6 April 2007 following the ...

    https://www.isurv.com/info/1075/tenancy_deposit_protection/8713/tenancy_deposit_protection

  • Multi-let office block with short unexpired leases

    The property The property is a 3-storey office block with each floor let to different tenants. Each floor is 5,000 sq. ft and the market rental ...

    https://www.isurv.com/info/1076/valuation_calculations/3845/traditional_investment_approach_worked_examples/21

  • Renters Rights Bill

    The Labour government introduced the Renters’ Rights Bill in the House of Commons on 11 September 2024. As of January 2025, the Bill is currently ...

    https://www.isurv.com/info/1331/types_of_tenancies/8611/tenancies_under_the_housing_acts/5

  • Key characteristics

    A building or works contract based on the FIDIC form will typically comprise the following documents: contract agreement – the formal record of the agreement between ...

    https://www.isurv.com/info/359/fidic/2668/fidic_form/4

  • Preventing the acquisition of a right to light

    A servient owner can prevent a dominant owner from acquiring a right to light to the dominant owner's windows overlooking the servient owner's land by ...

    https://www.isurv.com/info/64/rights_of_light_construction/435/protecting_development_potential

  • Multi-let office block with voids

    The property The property is a 3-storey office block with 2 floors let to different tenants and 1 floor vacant. Each floor is 5,000 sq. ft ...

    https://www.isurv.com/info/1076/valuation_calculations/3845/traditional_investment_approach_worked_examples/20

  • Legislation

    TPO legislation differs between England, Wales, Scotland and Northern Ireland. The following only covers the situation in England. The legislation under which TPOs are made is ...

    https://www.isurv.com/info/125/trees_and_tpos/6392/legislation_guidance_and_further_information

  • Property investigations

    When carrying out property investigations, the valuer is effectively acting as the eyes and ears of the client. Therefore, when describing the property, it is sensible ...

    https://www.isurv.com/info/145/offices/1039/valuation_investigations/3

  • Leasing and letting

    At Level 1 Demonstrate knowledge and understanding of how various types of property are let (or a similar interest is acquired for a client) and the ...

    https://www.isurv.com/info/1447/apc_pathways/1913/technical_competencies/60

  • What is a building ‘designed as a dwelling’?

    Note (2) to Group 5 of Schedule 8 to the VAT Act 1994 defined a building designed as a dwelling in the following terms: ...

    https://www.isurv.com/info/57/vat/327/zero-rated_supplies_of_property/5

  • Adverse possession

    Adverse possession is where a person becomes entitled to land by showing that they have been in possession of the land adverse to the person ...

    https://www.isurv.com/info/21/boundary_matters/11366/key_legal_issues/4

  • What is a management audit?

    In certain circumstances, tenants may appoint an auditor to conduct what is called a management audit. The purpose of any audit is to ascertain whether ...

    https://www.isurv.com/info/1286/service_charges_in_residential_property/12529/management_audit

  • Contract refurbishment

    30 May 2017 A new suite of JCT contracts were issued last year. Jamie Olsen helps you get to grips with the major ...

    https://www.isurv.com/info/390/features_archive/11150/jct_2016_overview_of_major_changes

  • Applications to the court or First-tier Tribunal of the Property Chamber

    The procedures to be followed where the landlord is missing or the tenant serves an invalid notice, are set out earlier. This section deals with the ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3632/flats_collective_enfranchisement/8

  • Proposed classification of on-costs: full list

    Land acquisition Land purchase. Finance costs associated with land purchase. Costs associated with land purchase – legal, tax, valuation, etc., advice  . Rights of way, wayleaves and easements. Costs associated ...

    https://www.isurv.com/info/1427/on-costs/11077/proposed_classification_of_on-costs/2

  • Multi-let office block

    The property The property is a 3-storey office block with each floor let to different tenants. Each floor is 5,000 sq. ft and the market rental ...

    https://www.isurv.com/info/1076/valuation_calculations/3845/traditional_investment_approach_worked_examples/19

  • Repairs

    The precise wording of the lease may have a considerable impact on the obligations of the respective parties to the lease. The distinction between repair ...

    https://www.isurv.com/info/332/service_charges_case_law/2427/repair_renewal_replacement_and_improvement_service_charges

  • Work in progress

    13 January 2017 Helen Brydson looks at some basic principles for programming and planning projects Project management is essentially about delivering ...

    https://www.isurv.com/info/390/features_archive/10593/project_management_basic_principles

  • Typical reports

    The report should clearly describe and locate all the defects found during the survey. A summary of the client's instruction and information required at the ...

    https://www.isurv.com/info/8/commercial_and_industrial_premises/85/the_report

  • Analysis of basis of value

    In order to analyse the meaning of 'market value' and its implications, the author has taken the broad definition of market value and broken it ...

    https://www.isurv.com/info/210/taxation_of_real_estate/1876/market_value/4

  • Settlement

    Before litigation starts, the parties are encouraged to negotiate to settle the claim (Civil Procedure Rules Part 1, the 'Overriding objective'). The pre-action protocols provide ...

    https://www.isurv.com/info/163/litigation/954/process_for_litigation/4

  • Permitted development

    The Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO 2015) grants planning permission to certain classes of development subject to certain conditions and ...

    https://www.isurv.com/info/1223/rural_planning/6687/principal_legislation_for_rural_planning/2

  • Leading the game plan

    1 September 2014 The trend for value-add sees the building surveyor best placed to lead technical investment strategies, argues Mark Postill As global capital flows into UK ...

    https://www.isurv.com/info/390/features_archive/8158/building_surveying_leading_technical_investment_strategies

  • Operational control

    Both reducing energy use and identifying energy purchasing specification are requirements of ISO 50001. Managing energy use is mainly incorporated into the operational control clause ...

    https://www.isurv.com/info/1387/iso_50001_and_energy_management/10790/implementing_operational_control

  • Overview

    Under the Ancient Monuments and Archaeological Areas Act 1979, the Secretary of State has a duty to compile and maintain a schedule of monuments that ...

    https://www.isurv.com/info/124/heritage_issues/409/scheduled_monuments

  • 23 Dollis Avenue (1998) Ltd v (1) Nikan Vejdani (2) Nahideh Echraghi

    [2016] UKUT 0365 (LC) Service charges – Consultation – Reasonableness – Estimates – Landlord and Tenant Act 1985, section 20, section 19(2) – ...

    https://www.isurv.com/info/455/cases/10795/23_dollis_avenue_1998_ltd_v_1_nikan_vejdani_2_nahideh_echraghi

  • Stage 10: knowledge, data and assurance

    The use of data is fundamental to any performance management system. It: allows areas for potential improvement and good practice to be identified facilitates sound decision making allows ...

    https://www.isurv.com/info/1563/supply_chain_performance_management/12087/improving_supply_chain_performance/11

  • Stage 9: performance management

    Performance is symptomatic of underlying capability. In order to obtain a holistic understanding of performance, two aspects need to be understood: capability or input factors (lead ...

    https://www.isurv.com/info/1563/supply_chain_performance_management/12087/improving_supply_chain_performance/10

  • Contract particulars

    The contract particulars are generally self-explanatory but it is essential that they are completed accurately as they can affect the interpretation of corresponding clauses in ...

    https://www.isurv.com/info/386/jct_design_and_build_contract/2687/introduction_to_jct_design_and_build/2

  • Starting the claim

    A claim is started by serving a notice known as a notice of tenant's claim. Schedule 3 paragraph 6(1) to the Act and the Leasehold ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3646/houses_right_of_tenant_to_acquire_freehold/5

  • Residential development land

    The ‘grant of any interest in or right over land or of any licence to occupy land’ is exempt from VAT (VAT Act 1994, Schedule ...

    https://www.isurv.com/info/57/vat/327/zero-rated_supplies_of_property/2

  • Traditional lump sum method

    Under the traditional lump sum method, the client appoints a team of consultants (comprising an architect, engineer, project manager, quantity surveyor, etc.) to prepare a ...

    https://www.isurv.com/info/65/procurement_strategies/462/main_procurement_options/2

  • Environmental impact assessment

    Under the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (these replace the amended 2011 Regulations), certain applications have to be accompanied by an ...

    https://www.isurv.com/info/118/making_a_planning_application/115/environmental_impact_assessment

  • Types of policy

    Environmental insurance policies have been generally available in the UK since the early 1990s. As more insurers have entered the environmental insurance market, the range ...

    https://www.isurv.com/info/102/environmental_insurance/1388/environmental_insurance_policies_for_clients

  • Building use solely for a relevant charitable purpose

    The Value Added Tax Act 1994 (VAT Act 1994) defines 'relevant charitable purpose' at note 6 to Group 5 to Schedule 8 of the Act, ...

    https://www.isurv.com/info/57/vat/327/zero-rated_supplies_of_property/8

  • Scotland: empty property rates

    Empty rating in Scotland has close parallels to the legislation in England and Wales, although the legislation is not the same and there are practical ...

    https://www.isurv.com/info/211/empty_property_rates/1893/scotland_empty_property_rates

  • Governance

    Organisations establish their requirements for governance and assurance based on the nature of their business and the sector in which they operate. The particular approach ...

    https://www.isurv.com/info/1514/programme_management/11530/governance_and_assurance

  • Settling disputes

    Clause 7.1 'Notification and negotiation of disputes' directs the parties to provide each other a formal notice of a dispute or difference and directs that senior ...

    https://www.isurv.com/info/1053/jct_minor_works_contract/10342/dispute_resolution

  • Health and Safety at Work etc. Act 1974

    The main statute governing health and safety obligations is the Health and Safety at Work etc. Act 1974 (HSWA). This imposes a duty on employers to ...

    https://www.isurv.com/info/41/health_and_safety_responsibilities/1238/key_legislation/2

  • What information is required for a new property risk?

    Insurers require a certain amount of information to be able to indicate the premium they may wish to charge for a risk. The minimum information ...

    https://www.isurv.com/info/1316/residential_property_insurance/8237/insurance_principles

  • Compensation

    Compensation for loss arising out of grant of new lease Schedule 13, paragraphs 5 and 9 for the landlord and owner of any intermediate leasehold interest. ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3631/flats_new_lease_claims_valuation_issues/39

  • Design and build

    As the name suggests, this procurement option has a contractor who is responsible for both the design and construction of a project. In a design ...

    https://www.isurv.com/info/65/procurement_strategies/462/main_procurement_options/3

  • Investigations: tenancy

    Always obtain copy leases for each direct tenant at the property. If these are not available and the valuer is instructed to rely on a ...

    https://www.isurv.com/info/146/retail_property/1041/high_street_investment_property/13

  • Instructions to proceed with consent to spend

    Instructions to proceed with consent to spend are sometimes referred to as 'if' contracts, and usually take the following form: 'if you commence works pending preparation ...

    https://www.isurv.com/info/240/letters_of_intent/546/types_of_letters_of_intent/2

  • Fluctuations

    Fluctuation is the adjustment of the contract sum as a result of compliance with the appropriate contract clause. In the JCT Form it is Clause ...

    https://www.isurv.com/info/384/final_account/2685/other_things_to_consider_when_preparing_a_final_account

  • RICS official definition

    Demonstrate knowledge and understanding of the techniques for conflict avoidance, conflict management and dispute resolution procedures, including for example adjudication and arbitration, appropriate to your ...

    https://www.isurv.com/info/1476/assocrics_mandatory_competencies/3281/conflict_avoidance_management_and_dispute_resolution_procedures

  • Terms of the new lease

    While the landlord and tenant are free to agree the terms of the new tenancy (s.15(7)), in default of agreement, the freedom of the parties ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3647/houses_right_of_tenant_to_acquire_extended_lease/7

  • Notifying land transactions

    Effective date of a transaction The effective date typically starts a period of 14 days, within which a land transaction return has to be lodged and ...

    https://www.isurv.com/info/1539/stamp_duty_land_tax/2733/notifying_land_transactions

  • Return and examination of tenders

    Return and opening It is usual practice for only the form of tender to be returned, although occasionally fully priced bills of quantities (BQs), or contract ...

    https://www.isurv.com/info/82/cost_management/626/cost_estimating_tendering/2

  • Types of policy

    Surveyors should ensure that their clients' advisers have cover for their liabilities in the event that losses arise due to professional negligence, or a breach ...

    https://www.isurv.com/info/102/environmental_insurance/1389/environmental_insurance_policies_for_clients_advisers_and_contractors

  • Who qualifies?

    Pursuant to section 5(1), a tenant is a qualifying tenant of a flat if they are the tenant of the flat under a long lease. Where ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3630/flats_individual_right_of_tenant_to_acquire_new_lease/2

  • Ending the code deadlock

    12 October 2018 The new Electronic Communications Code was supposed to bring clarity on digital infrastructure. Sue Doane and Mark Talbot examine where it is not ...

    https://www.isurv.com/info/390/features_archive/11752/electronics_communication_code_the_need_for_guidance

  • Summary of changes by subject

    This page was written by Steven Thompson of RICS. Please note that JCT 2024 is the current edition and the pages comparing 2011 and 2016 contracts are ...

    https://www.isurv.com/info/1190/jct_2024_and_2016_compared/12104/jct_2016_and_2011_compared/2

  • Further information on lease renewal

    Forms The following forms and notices are relevant to lease renewal: section 25 notice section 26 request landlord's and tenant's section 40 notices also relevant is the Central London County ...

    https://www.isurv.com/info/43/lease_renewal/1267/further_information_on_lease_renewal

  • JCT Design and Build Contract

    This page was written by Carl Brewin, James Davison and Seb Oram of 3PB Barristers. Please note that JCT 2024 is the current edition and the pages ...

    https://www.isurv.com/info/1190/jct_2024_and_2016_compared/12496/jct_2011_and_2005_compared/2

  • Incorporating BIM measures into KPIs

    The government has identified that the UK is at the forefront in certain construction services, primarily engineering, architecture and activities associated with low-carbon built environment ...

    https://www.isurv.com/info/1023/kpis_and_benchmarking/3315/setting_up_benchmarking_and_kpis/7

  • Mineral-producing properties

    Mineral-producing properties are mainly either open pits or quarries, or underground mines. Generally, the external considerations are similar. Outside the mine or quarry, valuers should ...

    https://www.isurv.com/info/114/minerals_and_waste_management/1536/inspection_of_properties/2

  • Requirement B4 – External fire spread

    Requirement B4 states: '(1) The external walls of the building shall adequately resist the spread of fire over the walls and from one building to another, ...

    https://www.isurv.com/info/31/fire_and_life_safety/836/buildings_prior_to_occupation/5

  • Preparation of landlord's contract statement

    Having fulfilled the requirements of public procurement, the landlord has no obligation to present tenants with alternative contractors or alternative prices. The landlord should prepare a ...

    https://www.isurv.com/info/1287/section_20/7989/works_that_require_public_notice/3

  • Mrs Janine Ingram v Church Commissioners for England

    [2015] UKUT 495 (LC) Service charges – VAT – whether VAT on service provided by a managing agent to landlord recoverable as service charges – Value Added ...

    https://www.isurv.com/info/455/cases/9807/mrs_janine_ingram_v_church_commissioners_for_england

  • Finance and cost

    Value for money A constant threat to planned maintenance is short-term revenue budget pressures. Planned maintenance funding, particularly planned preventative maintenance funding, is easily deferred or ...

    https://www.isurv.com/info/26/planned_maintenance/757/maintenance_issues/18

  • Schedule 6

    Schedule 6, 'Purchase Price Payable by Nominee Purchaser', comprises 6 Parts and 21 paragraphs. The layout of the Schedule is similar to that of Schedule 13 ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3639/flats_collective_enfranchisement_valuation_issues/2

  • Multi-let office block with short unexpired leases and poor reletting prospects

    The property The property is a 3-storey office block with each floor let to different tenants. Each floor is 5,000 sq. ft and the market rental ...

    https://www.isurv.com/info/1076/valuation_calculations/3845/traditional_investment_approach_worked_examples/22

  • Pre-action

    As with commercial premises, the parties should always pause before taking action. Residential service charge disputes can be protracted and the sums involved may not ...

    https://www.isurv.com/info/47/service_charges_in_commercial_property/1323/residential_service_charge_disputes

  • Brownfield registers and permissions in principle

    The Housing and Planning Act 2016 was subsequently followed by the Town and Country Planning (Brownfield Land Register) Regulations 2017, which set out the technical requirements ...

    https://www.isurv.com/info/405/pre-application_preparation_and_validation/2809/pre-application_information/3

  • UK legislation

    The basic rule is that the supply of any interest in or right over land, or any licence to occupy land, is exempt from VAT ...

    https://www.isurv.com/info/57/vat/324/vat_liability_of_property_transactions/2

  • Management contracting

    A management contractor is appointed on the basis of a fixed management fee (usually a percentage based on the prime cost of the project) and ...

    https://www.isurv.com/info/65/procurement_strategies/462/main_procurement_options/5

  • Staff accommodation

    Provision of on-site staff A landlord may expressly covenant to provide porterage or caretaking staff or the provision of such services may be at the landlord's ...

    https://www.isurv.com/info/332/service_charges_case_law/2426/services/2

  • COVID-19 legislation and case law

    The Coronavirus Act (CVA) 2020 The Coronavirus Act 2020 was enacted on 25 March 2020 and includes a provision (section 82) protecting tenants of business tenancies ...

    https://www.isurv.com/info/44/leases/1276/conditions_in_a_lease/2

  • Applications to the court or First-tier Tribunal of the Property Chamber

    The procedures to be followed where the landlord is missing or the tenant serves an invalid notice were set out previously. This portion deals with ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3630/flats_individual_right_of_tenant_to_acquire_new_lease/7

  • Ashleigh Court Right to Manage Co Ltd v (1) R De-Nuccio, (2) S Raivadera, (3) N Randall, (4) I Skidmore (5) S Lamont Skidmore

    [2015] UKUT 258 (LC) Service charges – Consultation – landlord’s notice – address for inspection – schedule 4 Service Charges (Consultation Requirements) (England) ...

    https://www.isurv.com/info/455/cases/8742/ashleigh_court_right_to_manage_company_ltd_v_de-nuccio_and_ors

  • Detailed consideration of the claim

    The contractor's claims should be submitted in accordance with the prescribed procedures and fall within the pre-stated circumstances set out in the relevant contract. It ...

    https://www.isurv.com/info/243/loss_and_expense/588/progressing_the_claim/4

  • Risk management

    All construction projects carry risk that needs to be managed within the processes. Convention dictates that those best able to deal with risk should manage ...

    https://www.isurv.com/info/1225/partnering_and_supply_chain_management/6755/key_elements/5

  • Starting the claim

    A claim to exercise the right to collectively enfranchise starts with the service of an initial notice, pursuant to section 13. The date the notice ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3632/flats_collective_enfranchisement/5

  • Registered parks and gardens

    The Historic England Register of Historic Parks and Gardens of Special Historic Interest in England, established in 1983, currently identifies more than 1,600 sites assessed to ...

    https://www.isurv.com/info/124/heritage_issues/403/registered_parks_and_gardens

  • Guarantors, hedgerows, interest

    20 August 2012 Our panel of property lawyers, Richard Webber, Zena Canale and Mona Lemp, offers advice on industry issues G ...

    https://www.isurv.com/info/390/features_archive/6992/commercial_property_law_faqs_guarantors_hedgerows_interest

  • Operating in the telecoms market

    The valuation of telecoms installations is a relatively niche market, with limited transaction activity compared to other commercial sectors. There are only a few valuers ...

    https://www.isurv.com/info/157/telecoms/1132/history_of_the_uk_telecoms_market/2

  • Listed buildings

    Some buildings are statutory listed for their special architectural or historic interest. Buildings are graded according to their rarity or quality – Grade I, Grade ...

    https://www.isurv.com/info/1035/householder_development/3463/householder_development_key_terms/11

  • Instructing a variation

    A variation can only be instructed in writing. If a variation instruction is not given in writing, it will be of no immediate effect. The  SBCSub/C ...

    https://www.isurv.com/info/1028/jct_standard_building_sub-contract/3378/variations_under_the_subcontract/2

  • Local authority control

    Two main procedural options are available under the local authority system of control: the service of a building notice and the deposit of full plans. The table below explains ...

    https://www.isurv.com/info/54/building_control/261/local_authority_control_and_private_certification/2

  • Variety act

    9 November 2017 Alex Charlesworth describes the many different career paths in building surveying, with help from fellow members of the professional group board A day in ...

    https://www.isurv.com/info/390/features_archive/11412/building_surveying_career_paths

  • Mrs Patricia Fairbairn v Etal Court Maintenance Limited

    [2015] UKUT 639 (LC) Service charges – legal costs – whether landlord’s cost of advice and representation and costs paid in settlement to a leaseholder ...

    https://www.isurv.com/info/455/cases/9808/mrs_patricia_fairbairn_v_etal_court_maintenance_limited

  • Legislation and compliance

    UK legislation Despite what many people believe, neither Japanese knotweed nor giant hogweed are notifiable weeds. Neither plant is cited under any legislation that requires either ...

    https://www.isurv.com/info/404/japanese_knotweed_and_giant_hogweed/7179/knotweed_and_hogweed_legal_issues_and_further_information

  • Acts of Parliament

    The Local Government Finance Act 1988 The Local Government Finance Act 1988 is the principal act governing rating in England and Wales. It has been amended ...

    https://www.isurv.com/info/169/rating_disputes/11471/rating_dispute_legislation

  • Partnerships and stamp duty land tax

    Transactions between partnerships and outsiders are charged to SDLT in the same way as any other land transaction, the partners collectively being the purchaser or ...

    https://www.isurv.com/info/1539/stamp_duty_land_tax/2735/partnerships_and_stamp_duty_land_tax

  • Sch. 13, Pt 3: Checklist

    In addition to those points in the checklist for the tenant's valuer, the valuer needs to consider the following, where there is an intermediate leaseholder ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3631/flats_new_lease_claims_valuation_issues/33

  • Fire and life safety legislation

    England In England, the legal requirements for fire and life safety are set out in: The Building Regulations 2010 (as amended) (the Building Regulations), Part B (fire safety) ...

    https://www.isurv.com/info/31/fire_and_life_safety/835/fire_and_life_safety_overview/3

  • Schedule 2: supplemental provisions

    These provisions apply unless otherwise stated in the contract particulars. It is important that the parties recognise that these are supplemental provisions and parties are ...

    https://www.isurv.com/info/1053/jct_minor_works_contract/10343/schedules/2

  • Conflict in planning

    The Town and Country Planning Act, 1947 effectively nationalised land and development. Since then, the impact of planning policy on viability has been a key ...

    https://www.isurv.com/info/391/mediation_for_planning/2746/conflict_in_planning

  • Harm

    There are four classes of harm, ranging from extreme to moderate: Extreme harms are those that will cause death or severe and permanent disablement. Severe harms would cause ...

    https://www.isurv.com/info/346/property_and_safety_standards/2368/the_housing_health_and_safety_rating_system/8

  • Pretty vacant

    9 October 2018 Although 'vacant possession' of a property is a term discussed in a range of case law it still proves problematic, as Nick Dowding ...

    https://www.isurv.com/info/390/features_archive/11744/case_law_problematic_terms

  • Hope value

    Pursuant to the House of Lords decisions  in Sportelli, hope value may be payable where there are non-participators in a collective enfranchisement claim. The decisions of ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3639/flats_collective_enfranchisement_valuation_issues/4

  • What information is required for a new property risk?

    The minimum information required by insurers to provide an indication of the premium they may wish to charge for a risk includes: the location – full ...

    https://www.isurv.com/info/45/commercial_property_insurance/1285/insurance_principles

  • Unfair trading regulations

    The Consumer Protection from Unfair Trading Regulations (CPRs) came into force in the UK in May 2008. The regulations implemented the EU Unfair commercial practices directive and in ...

    https://www.isurv.com/info/1330/lettings_agents_regulation_and_consumer_protection/12042/consumer_and_business_protection_regulations

  • Approved Document M: Access to and use of buildings

    See the full Approved Document M: Access to and use of buildings: Volume 1: dwellings (2015 edition incorporating 2016 amendments). Volume 2: Buildings other than dwellings (2015 ...

    https://www.isurv.com/info/54/building_control/274/approved_documents/11

  • Re Om Property Management Ltd

    [2014] UKUT 0009 (LC) Landlord and tenant - service charges - dispensation The appellant management company failed to comply with ...

    https://www.isurv.com/info/455/cases/8187/re_om_property_management_ltd

  • What is a variation?

    The fundamental question is whether the additional work carried out by the contractor is actually a variation or is within the scope of work that ...

    https://www.isurv.com/info/1559/infrastructure_claims/11962/contractors_claims/2

  • William Tompkinson v The Parochial Church Council of St Michael

    [1990] 6 Const LJ 319 The defendant employed the claimant to carry out restoration works at a church. The contract was the ...

    https://www.isurv.com/info/455/cases/6276/william_tompkinson_v_the_parochial_church_council_of_st_michael

  • Places of work

    Carrying out risk assessments The Regulatory Reform (Fire Safety) Order 2005 (the RRO) requires an ongoing review of the fire precautions and their relevance to the ...

    https://www.isurv.com/info/31/fire_and_life_safety/837/occupied_buildings/4

  • Reimbursement of costs only

    The word 'costs' is not a precise legal term. It can be limited to payments actually made, expenses incurred but not yet paid and can ...

    https://www.isurv.com/info/332/service_charges_case_law/2425/recoverable_costs

  • Government housing funds

    In 2022, the government announced the Levelling Up Home Building Fund, which will provide funding for: development finance loans to small and medium (SME) housebuilders development finance ...

    https://www.isurv.com/info/1560/housing_as_an_infrastructure_investment/11999/recent_developments/6

  • Community Infrastructure Levy (CIL)

    Most development has an impact on or benefits from infrastructure such as roads, schools and open spaces. In the past, this has normally been funded ...

    https://www.isurv.com/info/33/town_planning/866/key_town_planning_policy/5

  • Lease offering

    5 March 2019 The Model Commercial Lease should reduce the time spent negotiating lettings in a market with an increasing appetite for standardisation Speeding up real-estate deals ...

    https://www.isurv.com/info/390/features_archive/11904/negotiating_lettings_appetite_for_standardisation

  • Passing the examination

    21 May 2014 Ewan Craig, a speaker at RICS' annual 'It's your APC' conference', talks about the core competency of inspection Inspection is one of the core ...

    https://www.isurv.com/info/390/features_archive/8008/apc_competencies_inspection

  • The 2012 Regulations

    Most of the working arrangements for TPOs in England are set out in the Town and Country Planning (Tree Preservation) (England) Regulations 2012. Regulations for ...

    https://www.isurv.com/info/125/trees_and_tpos/426/tpos_regulations_and_controls/2

  • Grounds for a claim

    If a defect arises under a contract then, regardless of what contractual provisions there may be to remedy such a defect, the defect constitutes a ...

    https://www.isurv.com/info/90/defects_claims/705/defects_claims/3

  • Further valuation issues

    In addition to the various points raised in new lease claims, a number of specific issues arise in collective enfranchisement. Save for relatively straightforward cases, typically ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3639/flats_collective_enfranchisement_valuation_issues/5

  • First-Tier Tribunal (Property Chamber)

    Disputes between landlords and tenants (or between freeholders and long leaseholders) are determined by a specialist body, the First-Tier Tribunal (Property Chamber). This tribunal replaced: the ...

    https://www.isurv.com/info/1107/residential_and_commercial_dispute_resolution/4209/residential_property_dispute_resolution

  • Criteria for deciding applications

    Once the local authority has received a valid application and has decided that the licence holder is suitable, it must consider whether the property is ...

    https://www.isurv.com/info/345/residential_property_licensing/12055/gaining_a_licence/2

  • Prohibited subletting

    Research conducted by the Residential Landlords Association (RLA, now the National Residential Landlords Association, NRLA) in February 2016 revealed that, of the 33,000 listings in London on ...

    https://www.isurv.com/info/1378/short-term_lettings/10166/concerns_for_landlords_leaseholders_and_mortgagees

  • Contracts

    NEC The New Engineering Contract (currently NEC4, 2017) describes the contractor’s responsibility for providing ‘the Works’ in accordance with the ‘Scope’ provided by the client. It ...

    https://www.isurv.com/info/1427/on-costs/10996/defining_construction_costs/3

  • A & D Maintenance and Construction Ltd v Pagehurst Construction Services Ltd

    [2000] 16 Const LJ 199 Construction contracts - adjudication - adjudicator - jurisdiction - termination of the contract - dispute - enforcement - ...

    https://www.isurv.com/info/455/cases/3224/a_and_d_maintenance_and_construction_ltd_v_pagehurst_construction_services_ltd

  • Goods and services

    A supply can be classed as the transfer of ownership of goods or the provision of services. The VAT Act 1994, Schedule 4 identifies supplies ...

    https://www.isurv.com/info/57/vat/336/the_operation_of_vat/8

  • Detective work

    16 October 2013 In the second in our series on the 6 core competencies of the Building surveying APC, Ewan Craig discusses building pathology ...

    https://www.isurv.com/info/390/features_archive/7670/apc_building_pathology

  • The broader business case

    Traditionally procured projects and public–private partnership projects have different strengths and weaknesses.  For example, traditionally procured projects that use public financing from credit-worthy governments generally have ...

    https://www.isurv.com/info/1417/project_funding/11012/value_for_money_vfm_from_a_public-sector_perspective

  • Preliminaries

    Generally, the valuation will be based on the contract bills and will include the appropriate proportion of the items completed at that date. However, it ...

    https://www.isurv.com/info/82/cost_management/629/valuations/2

  • Procurement and legal matters

    In practice, contract selection is often based on the practitioner's familiarity with a certain contract form. This can be effective if the proposed construction project ...

    https://www.isurv.com/info/385/what_type_of_contract_is_needed/2676/contract_selection_considerations/2

  • Additions

    Claims Formal claims are less prevalent than previously in the construction industry. This is a direct result both of the Egan Report, Rethinking Construction, and the ethos ...

    https://www.isurv.com/info/82/cost_management/632/final_accounts/3

  • Courts

    Small claims court The procedure for issuing a claim in the small claims court is dealt with at Part 27 of the Civil Procedure Rules. The ...

    https://www.isurv.com/info/163/litigation/954/process_for_litigation/2

  • Leasehold enfranchisement terms

    The key acts referred to below are the Leasehold Reform Act 1967 (the 1967 Act) and the Leasehold Reform, Housing and Urban Development Act 1993 ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3649/glossary_of_leasehold_enfranchisement_terms

  • Baseline and change control

    It is hard to dispute that ‘change happens’ and this is indeed one of the few certainties – the same is true of projects and ...

    https://www.isurv.com/info/1416/project_and_programme_controls/10961/building_successful_controls/6

  • Legislation

    The list below is not exhaustive. Commencement Orders (regulations that bring into force an Act or part of an Act) have not all been detailed. ...

    https://www.isurv.com/info/28/equality_and_social_inclusion/800/equality_legislation_and_legal_issues

  • How CVAs affect landlords

    15 January 2019 Company voluntary arrangements have become a significant issue for retail landlords – but do they always entail having to take a loss? Company voluntary ...

    https://www.isurv.com/info/390/features_archive/11838/company_voluntary_agreements_profit_and_loss

  • Standard-rated supplies of property

    If a supply is one of the exclusions to the property VAT exemption listed in the legislation (Item 1, Group 1, Schedule 9 of the ...

    https://www.isurv.com/info/57/vat/326/standard-rated_supplies_of_property

  • Regulatory developments

    EC developments Directive 2000/60/EC of 23 October 2000 established a framework for EC action in the field of water policy relating to inland surface waters, groundwater, ...

    https://www.isurv.com/info/114/minerals_and_waste_management/7033/information_sources_mineral_and_waste_properties/2

  • Legal matters

    When undertaking a TDD survey, there are a number of legal/technical requirements that may be considered as legal matters. These are legal requirements that have ...

    https://www.isurv.com/info/10/due_diligence/10239/site_inspection/16

  • In the saddle

    31 May 2018 While demand for equestrian development is on the rise, the regulatory situation is trickier than it might first appear. Jill Scrivener offers some ...

    https://www.isurv.com/info/390/features_archive/11639/equestrian_development_green-belt_regulation

  • What is the rectification period?

    The rectification period is the period stated in the contract that provides for: the making good of ...

    https://www.isurv.com/info/262/rectification_period/2204/what_is_the_rectification_period

  • Notice and counternotice

    In order for the building owner to be able to exercise rights under the Act, they must serve notice on the adjoining owner. For a wall ...

    https://www.isurv.com/info/20/surveying_party_walls/661/key_legal_issues/3

  • Sch. 13, Pt 3: The interest to be valued

    Whereas it is the intermediate leasehold interest in relation to the flat that is to be valued, it is to be valued as a component ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3631/flats_new_lease_claims_valuation_issues/30

  • Damages

    The court can order a building owner to pay a sum (damages) to an adjoining owner for an interference with their common law rights. Generally ...

    https://www.isurv.com/info/63/party_walls_disputes/418/no_valid_notice_disputes/3

  • Standard contracts

    Although a contract may be little more than a detailed letter, it is worth considering the range of standard contracts that are available to make ...

    https://www.isurv.com/info/1184/practical_building_repairs/5232/building_contracts_and_tenders/2

  • Substantially reconstructed protected buildings

    The Value Added Tax Act 1994 (VAT Act 1994) defines a 'protected building' in Group 6 to Schedule 8 of the Act. These rules along ...

    https://www.isurv.com/info/57/vat/327/zero-rated_supplies_of_property/9

  • Monitoring progress

    The purpose of monitoring progress is to identify whether the project is being delivered in line with the programme and could highlight a number of ...

    https://www.isurv.com/info/354/planning_and_programming/2525/monitoring_progress

  • House leases: the Leasehold Reform Act 1967

    The Leasehold Reform Act 1967 is the landmark legislation in enfranchisement claims. For the first time in English law, a qualifying leaseholder of a house was given ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3620/introduction_to_enfranchisement/2

  • Minimum performance standards

    Under management, energy, water, materials and waste, there are minimum credit requirements that need to be obtained for each BREEAM rating, i.e. there are specific ...

    https://www.isurv.com/info/1252/breeam/7576/managing_the_assessment_process/4

  • Outline the client instruction

    It is essential to identify the contracting parties in an introduction to the client instruction. Clearly it should be straightforward for the consultant to identify ...

    https://www.isurv.com/info/10/due_diligence/9917/client_instruction/2

  • Worked pre-tender example

    This example is based on a trade package let under a construction management contract. Site location: Central London Work location: Retained basement slab; working around existing structure Package: ...

    https://www.isurv.com/info/1145/pre-tender_estimates/5504/worked_pre-tender_example

  • What preparations are necessary for an appeal?

    It is advisable to revisit the preparations undertaken for the making of the planning application, to ensure that all matters are properly covered. New evidence can ...

    https://www.isurv.com/info/121/planning_appeals/268/preparing_for_an_appeal

  • Site notes

    All of the information that is required to accurately complete the iSBEM data entry and/or advise the client and the potential client must be recorded ...

    https://www.isurv.com/info/357/commercial_epcs/2159/inspection_methodology/4

  • Filling the gaps

    12 June 2013 Ewan Craig talks to Jon Lever, the RICS UK Licensed Assessor Trainer and an APC coach, about what to do when ...

    https://www.isurv.com/info/390/features_archive/7518/apc_receiving_your_results

  • Maintenance plans and information

    Effective planned maintenance is only possible where relevant information about buildings, components and services (including their condition) is known. Decision-making about when and what to maintain ...

    https://www.isurv.com/info/26/planned_maintenance/757/maintenance_issues/11

  • A very unwelcome intrusion

    17 June 2016 Peter Armstrong discusses a pervasive threat that demands understanding and attention It is sad but true: the ...

    https://www.isurv.com/info/390/features_archive/9796/cyber_attacks_mitigating_risks_in_the_property_and_construction_sector

  • Issues with the verification of actual cost

    The verification of staff costs can be an issue as many contractors do not charge the real, actual cost of staff to projects. Often a ...

    https://www.isurv.com/info/1412/managing_target_cost_contracts/10895/cost_reimbursement/2

  • Parent company guarantee and performance bond

    In the JCT Standard Building Contract 2024, clause 7.3 allows the employer to call for a performance bond or parent company guarantee from the contractor. ...

    https://www.isurv.com/info/1162/jct_standard_building_contract/4960/contracts_using_jct_sbc_2024/6

  • Gravesend railway station 4D model

    Introduction Gravesend railway station serves the town of Gravesend in north Kent. The station is 24 miles from London and the train services are operated by ...

    https://www.isurv.com/info/1246/building_information_modelling_bim/8058/bim_case_studies/3

  • Cracking the door

    4 June 2018 Ensuring fire safety can be problematic when dealing with flat entrance doors. Gary Strong offers advice on the regulatory regime Since the Grenfell Tower ...

    https://www.isurv.com/info/390/features_archive/11647/fire_safety_room_by_room

  • Background

    Since 1601 rating has been a tax on the occupation of land. This had a degree of simplicity – if there was an occupier, rates ...

    https://www.isurv.com/info/211/empty_property_rates/1887/history_of_empty_rates

  • Practice makes perfect

    23 April 2013  Ewan Craig provides some advice on the Assessment of Professional Competence presentation and interview You have reached the ...

    https://www.isurv.com/info/390/features_archive/7443/apc_presentation_and_interview

  • General principles

    Defining the task In any professional negligence case, the liability of a valuer or surveyor depends on whether or not he or she has acted with ...

    https://www.isurv.com/info/1367/negligence_in_valuations_and_surveys/9909/breach_of_duty

  • Relativity: onerous ground rents

    Onerous ground rents An 'onerous ground rent' is one that otherwise has an adverse effect on the capital value of the existing lease, that is to ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3631/flats_new_lease_claims_valuation_issues/26

  • Licensing and registration in Wales

    Part 1 of the Housing (Wales) Act 2014 places further regulation on lettings and managing agents operating in Wales. The Act forms part of a broader reform ...

    https://www.isurv.com/info/1330/lettings_agents_regulation_and_consumer_protection/8599/legislation_on_licensing_and_registration_in_wales

  • Other payment considerations

    Retentions A retention is a sum of money held against the value of the subcontract works as a form of security against the risk of latent ...

    https://www.isurv.com/info/1028/jct_standard_building_sub-contract/3372/subcontract_time_and_money/7

  • Sch. 13, Pt 3: Examples

    These examples consider the different situations the valuer may be confronted with. Fundamentally, the principles follow those of calculating the diminution in value of the landlord's ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3631/flats_new_lease_claims_valuation_issues/34

  • Who is the landlord?

    Before making a claim to collectively enfranchise, it is important to identify who the landlord is for the purposes of such a claim. This landlord ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3632/flats_collective_enfranchisement/4

  • Qualitative analysis

    Qualitative analysis gives an indication of the relative importance of each risk, enabling them to be ranked. It is easy to do and should be ...

    https://www.isurv.com/info/1173/risk_management/5557/risk_process/5

  • Programme life cycle

    The APM BoK defines a life cycle as: ‘The inter-related phases of a project, programme, or portfolio that provides a structure for governing the progression of ...

    https://www.isurv.com/info/1514/programme_management/11528/applications_overview/4

  • The definition of ‘cost’ and ‘value’

    Cost can be defined as comprising 2 elements, cost incurred and cost accrued. Cost incurred is the actual cost of work undertaken – the invoice ...

    https://www.isurv.com/info/1411/cost_reporting_on_major_programmes/10934/practical_application

  • What is an expert?

    The RICS practice statement describes an expert witness as: ‘…a witness called by a tribunal to give expert opinion evidence by virtue of experience, knowledge and ...

    https://www.isurv.com/info/1152/dispute_resolution/3613/expert_witness/2

  • Pay respect

    11 August 2017 With the lengthy supply chains that the construction industry entails, it can be tricky to ensure your business is fulfilling all its tax ...

    https://www.isurv.com/info/390/features_archive/11300/supply_chains_in_construction_fulfilling_all_tax_liabilities

  • Measure for measure

    22 March 2017 Susan Hanley outlines the skills you must demonstrate for the competency Quantification and costing of construction works Measurement for the purpose of costing construction ...

    https://www.isurv.com/info/390/features_archive/10799/apc_competencies_quantification_and_costing_of_construction_works

  • Advice on drafting

    Use of precedents Precedents are a useful means by which to commence drafting letters of intent. Some precedent letters of intent are included in the related forms section. ...

    https://www.isurv.com/info/240/letters_of_intent/550/advice_on_drafting

  • The project manager

    At present, as with 'contract administration' there is neither an agreed definition of a 'project manager' nor a recognised professional body of project managers. This ...

    https://www.isurv.com/info/333/contract_administration_case_law/2312/project_management

  • How the lease is structured

    A lease usually starts with the words ‘This lease’, followed by the date it was granted. This date will be the date the lease was ...

    https://www.isurv.com/info/1311/leases/8108/what_is_in_a_lease

  • Inspections

    May I assume a property is free from contamination even if I believe it is not? Is this a special assumption? May I agree with my ...

    https://www.isurv.com/info/425/red_book_guide/12245/frequently_asked_questions/4

  • High flyers

    16 March 2017 Tim Walder considers the strategies required in managing major works at airports The planning and implementation of major airport programmes such ...

    https://www.isurv.com/info/390/features_archive/10889/commercial_management_major_works_at_airports

  • Practical completion

    The architect/contract administrator is required to issue a practical completion certificate or sectional completion certificate (as appropriate), when: in their opinion practical completion of the works ...

    https://www.isurv.com/info/1162/jct_standard_building_contract/4964/time_and_money

  • Interpretation

    Construction work Construction work means the carrying out of building, civil engineering or engineering construction works, including: the construction, alteration, conversion, fitting out, commissioning, renovation, repair, upkeep, ...

    https://www.isurv.com/info/29/cdm_regulations/810/application_of_cdm_2015/2

  • Methodology

    As with all trading properties, the nature of each spa business is so varied that direct comparable evidence is not easy. A destination spa is ...

    https://www.isurv.com/info/1375/spas/10131/basic_valuation_methodology

  • Retention of money

    The employer may be able to incentivise the contractor to rectify defects through a contractual right to retain a specified sum of money until the ...

    https://www.isurv.com/info/259/defects/2196/dealing_with_patent_defects/4

  • Qualification criteria

    Due to the various amendments, the right to acquire the freehold can arise under one of a number of sections of the Leasehold Reform, Housing ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3646/houses_right_of_tenant_to_acquire_freehold/3

  • Application for an Access Order

    The Access to Neighbouring Land Act 1992 sets out the terms by which an Access Order will be granted. In addition, The County Court (Amendment No. 3) Rules ...

    https://www.isurv.com/info/24/access_to_neighbouring_land/739/application_for_an_access_order

  • Forms, framework and term service arrangements

    Design and build forms Design and build is a popular form of procurement and available from most of the contract producing bodies. Many standard forms (particularly ...

    https://www.isurv.com/info/385/what_type_of_contract_is_needed/2678/contract_types/3

  • Why is it needed?

    Rental properties often have a number of tenancies over a period of time, with a flow of tenants moving in and out. These properties are ...

    https://www.isurv.com/info/427/inventory_and_schedule_of_condition/2911/purpose_of_the_inventory/2

  • Regulation of independent schools

    In England, Part 10 of the Education Act 2002 requires all independent schools to be registered with the Department for Children, Schools and Families (DCSF). On 12 ...

    https://www.isurv.com/info/1071/educational_premises_independent_schools/3797/regulation_of_independent_schools

  • Rules for the valuation of variations

    There are slight variations between contracts, but by reference to the JCT Suite of contracts, the following are the specified options: The architect/contract administrator may request ...

    https://www.isurv.com/info/384/final_account/2684/example_structure_for_a_final_account/3

  • Enabling a superfast future

    27 October 2016 Claire Haynes and Helen Garthwaite highlight the importance of sustainable digital infrastructure for broadband connectivity Superfast broadband connectivity ...

    https://www.isurv.com/info/390/features_archive/10364/connectivity_importance_of_sustainable_digital_infrastructure

  • What makes a hotel spa popular?

    Modern hotel guests expect a quality hotel to feature a spa facility. A hotel without a spa is considered less appealing in comparison to a hotel ...

    https://www.isurv.com/info/1375/spas/10128/spa_values_and_how_they_are_determined/3

  • 3.1 Ancillary information

    This isurv section is based on BCIS Elemental Standard Form of Cost Analysis (4th (NRM) edition) published in 2012. Provide the following information: Note: The information requirements ...

    https://www.isurv.com

  • Major projects using the NEC forms

    The NEC suite of contracts has become the contract route of choice for major UK infrastructure projects, and it is widely used in Britain’s nuclear ...

    https://www.isurv.com/info/322/nec3_and_nec4/1745/major_projects

  • Verbal alteration

    25 January 2017 Shy Jackson considers the validity of verbal agreements It is sometimes said that a verbal agreement is ...

    https://www.isurv.com/info/390/features_archive/10637/verbal_agreements_how_valid_are_they

  • Be prepared

    17 June 2010 With the right approach and attitude your chances of APC success can be greatly improved, say Jane Ballantyne and Justin Bird ...

    https://www.isurv.com/info/390/features_archive/3593/apc_assessor_advice

  • Forfeiture

    Forfeiture is a process by which a landlord can seek to reclaim possession of a property. In simple terms, it is the result of a ...

    https://www.isurv.com/info/39/dilapidations/4935/remedies/4

  • Why TPOs are made

    TPOs should only be made where considered 'expedient in the interests of amenity' (section 198(1) of the Town and Country Planning Act 1990). In practice, they usually ...

    https://www.isurv.com/info/125/trees_and_tpos/426/tpos_regulations_and_controls

  • Playing fields

    An estimated 5,000 school playing fields were sold off during the 1990s. To halt this decline, legislation was introduced in the School Standards and Framework ...

    https://www.isurv.com/info/1074/open_spaces/3829/playing_fields

  • Legislative compliance

    It is good practice to draw up a register of the environmental legislation relevant to your organisation or to a specific project before its commencement. ...

    https://www.isurv.com/info/96/environmental_management_and_policy/1347/environmental_standards_and_legislation/3

  • What’s new?

    Terminology Various changes to terminology have been made in NEC4 in an attempt to standardise terms. Throughout the NEC4 suite, except for the Supply Contract, the term ...

    https://www.isurv.com/info/1425/nec3_and_nec4_for_infrastructure/11816/nec4/3

  • Anti-avoidance

    With the increase in empty property rates to 100% and the bringing back into liability of factories and warehouses, the government was concerned in 2007 ...

    https://www.isurv.com/info/211/empty_property_rates/1884/anti-avoidance

  • Limitations to permitted development rights

    There are a number of general limitations to permitted development rights: If permitted development rights have already been exercised on the site, they cannot allow further ...

    https://www.isurv.com/info/118/making_a_planning_application/75/determining_permitted_development/2

  • Viewings, marketing and offers

    Viewings Viewings are an important area where care must be exercised. A seller understandably wants to know that their property will be treated with care and ...

    https://www.isurv.com/info/1288/common_pitfalls_and_mistakes/8006/sales_and_sellers/4

  • Section 9(1A)

    The second basis of valuation for the determination of price for the freehold interest in the house and premises is section 9(1A), introduced by the ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3648/houses_extended_leases_and_enfranchisement_valuation_issues/5

  • Common pitfalls

    Here are a few pointers to help you avoid common errors. The Notice must be served before commencement of works, if the owner’s desire is to ...

    https://www.isurv.com/info/1184/practical_building_repairs/5294/neighbourly_matters_and_the_party_wall_etc_act_1996/3

  • Seeking common ground

    8 December 2017 Philip Meade explains the background to a new RICS guidance note on rural arbitration When it comes to settling disputes, whether they concern consumers ...

    https://www.isurv.com/info/390/features_archive/11442/rural_arbitration_background_to_rics_guidance_note

  • H W Nevill (Sunblest) v William Press

    [1981] 20 BLR 78 Construction contracts –practical completion – completion of enabling works – defects in enabling works causing delay to subsequent works ...

    https://www.isurv.com/info/455/cases/5043/h_w_nevill_sunblest_v_william_press

  • Information required and checklist

    It is good practice for the valuer to provide a detailed list of the information that will be required, well in advance of their appointment ...

    https://www.isurv.com

  • Debt Respite Scheme

    The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 (‘the 2020 Regulations’) came into force in England ...

    https://www.isurv.com/info/1175/tenant_arrears_and_bankruptcy/12122/possession_claims/8

  • Building Regulations

    The current Building Regulations are the Building Regulations 2010, which came into force on 1 October 2010. This consolidated all the amendments since 2000, and ...

    https://www.isurv.com/info/54/building_control/270/legislation_relevant_to_building_control/2

  • Significance of infrastructure to the UK

    The construction sector contributes nearly £109bn to the UK economy (4% of the total). It involves over 640,000 businesses and accounts for nearly 2.1 million ...

    https://www.isurv.com/info/1409/conceptual_cost_planning_for_infrastructure/10986/significance_of_infrastructure_to_the_uk

  • Information required and checklist

    It is good practice for the valuer to provide a detailed list of the information that will be required, well in advance of their appointment ...

    https://www.isurv.com/info/1071/educational_premises_independent_schools/3800/independent_schools_valuation_checklist

  • Barn conversions – residential uses

    Paragraph 79 of the NPPF identifies that the creation of a new isolated home in the countryside is possible 'where the development would re-use redundant or disused ...

    https://www.isurv.com/info/1223/rural_planning/6693/scope_of_rural_planning_work/10

  • Tenure, tenancies and covenant investigations

    Tenure The valuer should be clear as to the nature of the tenure; whether it is freehold, heritable – the Scottish equivalent of freehold – or ...

    https://www.isurv.com/info/145/offices/1039/valuation_investigations/7

  • Further valuation considerations

    A porter's flat In Hildron Finance Ltd, the Lands Tribunal discounted the agreed long leasehold vacant possession value of the porter's flat of £300,000 to ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3639/flats_collective_enfranchisement_valuation_issues/9

  • Context and versions

    JCT Standard Building Contract is suitable for use with a traditional method of procurement. Roles The employer will employ consultants to design the project (for example, an ...

    https://www.isurv.com/info/1162/jct_standard_building_contract/4960/contracts_using_jct_sbc_2024

  • Succession

    The Agricultural Holdings Act 1986 (1986 Act) confers succession rights on many 1986 Act tenancies, on the death or retirement of the tenant. The rules ...

    https://www.isurv.com/info/1499/agricultural_holdings_act_1986/11343/succession

  • Rural property disputes

    19 July 2017 This feature is part of a series of information sheets on different types of alternative dispute resolution and the processes involved in resolving them. ...

    https://www.isurv.com/info/390/features_archive/11273/dispute_resolution_toolkit_rural_property

  • Reporting a pre-tender estimate

    Pre-tender estimates should be reported in a similar way to cost reports. The executive summary and introduction should state what is included within this particular ...

    https://www.isurv.com/info/1145/pre-tender_estimates/5503/using_pre-tender_estimates/3

  • Key changes to the 2015 GPDO

    This section summarises the key changes to the Town and Country Planning (General Permitted Development) Order 2015 (2015 GPDO), which became applicable in England and ...

    https://www.isurv.com/info/1594/telecoms/12432/town_and_country_planning/2

  • Possession based on rent arrears

    Section 157 – discretionary rent arrears ground Section 157(1) of the 2016 Act enables a landlord to make a possession claim on the ground that the ...

    https://www.isurv.com/info/1175/tenant_arrears_and_bankruptcy/12122/possession_claims/7

  • Let’s go round again

    12 February 2020 Office strip-outs can be a notoriously wasteful process – so researchers in Sydney are investigating recycling rates and exploring how the principles of ...

    https://www.isurv.com/info/390/features_archive/12190/office_strip-outs_recycling_and_the_circular_economy

  • The Party Wall etc. Act

    Key points to note As soon as any work is likely to involve work to a party wall or a boundary, you would be wise to ...

    https://www.isurv.com/info/1184/practical_building_repairs/5294/neighbourly_matters_and_the_party_wall_etc_act_1996

  • Business or non-business?

    The distinction between business and non-business is very important for VAT purposes. It has consequences in 3 main areas. VAT registration ...

    https://www.isurv.com/info/57/vat/336/the_operation_of_vat/14

  • Procurement law reform in the UK: Procurement Act 2023

    The UK government's Green Paper Transforming public procurement, published in December 2020, contained proposals around the creation of a future, post-Brexit public procurement regime for ...

    https://www.isurv.com/info/1181/regulated_procurement/5525/what_is_regulated_procurement/4

  • Corporation tax

    Corporation tax is not dissimilar to income tax in its structure, but is levied on corporate entities rather than individuals. Some reliefs such as Annual ...

    https://www.isurv.com/info/210/taxation_of_real_estate/1877/income_and_corporation_tax/2

  • Registration − town and village greens

    In recent years a new and extremely potent weapon was added to the armoury of objectors to development: the town or village green registration application. ...

    https://www.isurv.com/info/1074/open_spaces/3827/town_and_village_greens

  • An extended lease

    The valuation issues in an extended lease claim are considered first. At the outset, the valuer should be aware that the issues with respect to: letting ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3648/houses_extended_leases_and_enfranchisement_valuation_issues/2

  • Publications and organisations

    General maintenance Blacker, J., The Building Centre Maintenance Manual & Health and Safety File (5th edition), Building Centre Trust, 1997 (ISBN 0 90191 913 6) Building maintenance: ...

    https://www.isurv.com/info/26/planned_maintenance/1183/further_information_on_planned_maintenance

  • Arbitration proceedings

    Once appointed the arbitrator is under a duty to proceed without unnecessary delay. In many arbitration cases the application and appointment is made by one of ...

    https://www.isurv.com/info/1152/dispute_resolution/4320/arbitration/2

  • Construction contracts

    An agreement (which is what a contract is) for construction is always going to be complicated as it will have to include for a wide ...

    https://www.isurv.com/info/387/jct_contracts/2700/legal_issues_with_jct_contracts

  • Other tenant remedies

    Seeking compensation by way of damages is not the only remedy available to a tenant to deal with a landlord's disrepair, although it is the ...

    https://www.isurv.com/info/426/maintenance_and_repairing_obligations/2910/remedies_for_disrepair/3

  • Exemptions and reliefs

    The Non-Domestic Rating (Unoccupied Property) (England) Regulations 2008 provide that relevant non-domestic hereditaments come within the empty property rate unless they are any hereditament: (a) which ...

    https://www.isurv.com/info/211/empty_property_rates/1883/exemptions_from_empty_property_rates

  • Liability period

    The defects liability period is the time between practical and final completion. During this period the contractor must rectify defects of which it is notified ...

    https://www.isurv.com/info/259/defects/2196/dealing_with_patent_defects/3

  • Duty holders

    When construction work takes place, the CDM Regulations introduce specific duties that must be carried out by named parties. The extent of the construction work ...

    https://www.isurv.com/info/1025/health_and_safety/12452/the_construction_design_and_management_regulations_2015/2

  • Obligations

    The basic obligations of TDP are set out in Section 213 of the Housing Act 2004, most specifically in subsections 5 and 6. These require landlords ...

    https://www.isurv.com/info/1280/taking_deposits/7873/tenancy_deposit_protection/5

  • Sign of the times

    16 October 2019 The terms and conditions of standard form contracts have evolved in response to the industry’s changing procurement strategies One response that stands out from ...

    https://www.isurv.com/info/390/features_archive/12150/standard_contracts_evolution_of_ts_and_cs

  • Ancillary documents

    All planning applications must clearly describe the proposal through forms, plans and documents. The requirements are set out in the Development Management Procedures Order 2015. Guidance ...

    https://www.isurv.com/info/405/pre-application_preparation_and_validation/2820/planning_application_forms/2

  • Rent assessment assumptions

    Various assumptions are usually made in rent review clauses, such as: the subject premises are fit for immediate occupation and use the open-market rental value will be ...

    https://www.isurv.com/info/46/rent_reviews_and_disputes/7328/rent_assessment_assumptions_and_disregards

  • Barn conversions – commercial uses

    In England, paragraph 79 of the NPPF enables the reuse of redundant or disused buildings where it would lead to an enhancement of the immediate setting. Paragraph 146 ...

    https://www.isurv.com/info/1223/rural_planning/6693/scope_of_rural_planning_work/9

  • The best of intentions

    1 March 2019 Low- and zero-carbon building technologies must operate correctly to achieve the best assessment ratings, maintain Helena Bradford and Marc Hill The sustainability and energy ...

    https://www.isurv.com/info/390/features_archive/11900/energy_efficiency_building_technology

  • Permitted development categorisations

    Even where a proposal is 'development', it may be one that can be carried out without obtaining express planning permission. The Town and Country Planning (General ...

    https://www.isurv.com/info/118/making_a_planning_application/75/determining_permitted_development

  • Under the skin

    8 January 2018 Trevor Rushton scrutinises the performance of cladding systems and the factors that can lead to failure The horrendous images of the Grenfell Tower fire ...

    https://www.isurv.com/info/390/features_archive/11484/defects_cladding_systems

  • Fresh perspective

    5 October 2017 Shy Jackson reviews the changes made in the fourth edition of the NEC suite of contracts The NEC4 suite of contracts was launched ...

    https://www.isurv.com/info/390/features_archive/11376/nec4_reviewing_the_changes

  • Key lease clauses

    Alienation – the lease should provide whether the tenant may be allowed to deal with the lease in certain ways. The lease can provide that ...

    https://www.isurv.com/info/1344/property_conveyancing/8829/commercial_leases/2

  • Litigation or the Lease Valuation Tribunal

    Despite the extended jurisdiction of the Lease Valuation Tribunal, the court retains jurisdiction to deal with most residential service charge disputes. The only exceptions are ...

    https://www.isurv.com/info/47/service_charges_in_commercial_property/1323/residential_service_charge_disputes/4

  • To maintain/remove fixtures/not to remove fixtures

    The fixtures attached to the property could form part of the property and therefore be within any obligation to repair the property. However, if that ...

    https://www.isurv.com/info/39/dilapidations/4937/key_dilapidations_issues/5

  • Starting the CCA process

    The main regulations governing the current appeals process are the Non-Domestic Rating (Alteration of Lists and Appeals) (England) Regulations 2017, which amended the 2009 Regulations to ...

    https://www.isurv.com/info/169/rating_disputes/11468/dealing_with_a_rating_problem/5

  • Valuation and report

    The inspection over, all gates left as they were found, boots cleaned and disinfected, it is time to return to the office and contemplate the ...

    https://www.isurv.com/info/325/agricultural_and_rural_property/2289/valuation_and_report

  • Valuation reports – VPS 3

    VPS 3 states that the terms in IVS 103, Reporting, should be followed and provides further commentary on them. VPS 3 paragraph 1 sets out the ...

    https://www.isurv.com/info/425/red_book_guide/7818/valuation_reports_%E2%80%93_vps_3

  • Seriously flawed

    16 October 2017 The discovery of defects in 17 Scottish schools provides a salutary reminder of the building owner’s responsibility for ensuring compliance, warn Michael Dignan ...

    https://www.isurv.com/info/390/features_archive/11401/building_defects_and_responsibility_scottish_schools

  • Identification of boundaries – legal presumptions

    Legal presumptions may be relevant where boundaries follow, or are defined by reference to, physical features. However, all presumptions are rebuttable by contrary evidence. Below ...

    https://www.isurv.com/info/21/boundary_matters/11366/key_legal_issues/2

  • Enforcement

    As already stated, local authorities are compelled to take enforcement action with regard to category 1 hazards and have a choice as to whether they ...

    https://www.isurv.com/info/346/property_and_safety_standards/2368/the_housing_health_and_safety_rating_system/11

  • Model clients

    6 April 2018 Using building information modelling for refurbishment is a less straightforward proposition than it is for new builds. Andy Radley looks at the implications In these ...

    https://www.isurv.com/info/390/features_archive/11563/bim_implications_for_refurbishments

  • Special portfolio

    4 July 2016 Robert Ballantyne describes the challenges of working on a major portfolio of building surveys in Denmark In common with ...

    https://www.isurv.com/info/390/features_archive/9819/building_surveys_abroad_challenges_in_denmark

  • Content of financial reports

    The format of the financial report for a project, and its contents, will depend on the client's requirements, the method of procurement adopted and the ...

    https://www.isurv.com/info/1410/cost_management_and_planning/11036/cost_forecasting_financial_reporting/2

  • Planning obligations

    Planning obligations under section 106 of the Town and Country Planning Act 1990 may: restrict the use of land require land to be used in a specific ...

    https://www.isurv.com/info/118/making_a_planning_application/216/outcome_of_applications/4

  • Parliamentary questions

    18 October 2019 For the first in a series of articles on the Palace of Westminster’s restoration and renewal, Built Environment Journal spoke to the programme’s ...

    https://www.isurv.com/info/390/features_archive/12151/conservation_and_renewal_restoration_in_westminster

  • Overview

    The latest updates to the Building Regulations (England) came into force on 1 October 2015. Please note that conditions for Wales, Scotland and Northern Ireland remain ...

    https://www.isurv.com/info/35/part_l_of_the_building_regulations/894/changes_in_2015_and_2016

  • The Electronic Communications Code

    Mobile telecoms operators and some fixed-line operators have rights under the Electronic Communications Code (the Code). This is one of a number of statutory rights ...

    https://www.isurv.com/info/157/telecoms/1136/factors_affecting_a_telecoms_valuation/2

  • Major projects using NEC

    NEC3 has become the contract route of choice for major UK infrastructure projects, although its biggest application to date looks set to be in Britain’s ...

    https://www.isurv.com/info/1425/nec3_and_nec4_for_infrastructure/10919/introduction/4

  • Are you acting responsibly?

    18 May 2016 Frank Bertie outlines a new industry-led initiative to help landlords carry out regular safety checks and meet their legal obligations ...

    https://www.isurv.com/info/390/features_archive/9760/residential_home_safety_certificates

  • USA, Canada, Brazil, Trinidad and Tobago

    United States There is no uniform system of property taxation in the United States. In addition to the 50 states that are virtually entirely independent of ...

    https://www.isurv.com/info/1185/international_property_tax/5741/property_tax_in_the_americas

  • The process of risk management

    Risks can be identified and assessed in terms of different categories. These can then be allocated specific sections in the cost plan and costed and ...

    https://www.isurv.com/info/1409/conceptual_cost_planning_for_infrastructure/10988/building_up_the_cost_estimate/4

  • Ecological matters

    Ecologicall matters may fall outside the ambit of an environmental assessment. There may be issues that need to be assessed as part of the preparation ...

    https://www.isurv.com/info/405/pre-application_preparation_and_validation/2812/pre-application_environmental_issues/5

  • Improvements

    'If the work which is done is the provision of something new ... that is, properly speaking, an improvement; but if it is only the ...

    https://www.isurv.com/info/332/service_charges_case_law/2427/repair_renewal_replacement_and_improvement_service_charges/6

  • Covenants and the 1995 Act

    Normally landlords and tenants are able to assign (transfer) their respective interests in a lease. Those who happen to be the current landlord and tenant ...

    https://www.isurv.com/info/44/leases/1272/covenants/2

  • Planning ahead

    27 January 2016 Understanding the future educational, professional, and technical demands of building surveying is essential to remain relevant, says Dr Kevin Thomas Future professional and technical ...

    https://www.isurv.com/info/390/features_archive/8877/building_surveying_educational_needs_for_the_profession

  • Further points on hope value

    Two further points require discussion with respect to hope value: treatment of tenant's improvements and an intermediate leaseholder's share of hope value, if any. In a decision of the ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3639/flats_collective_enfranchisement_valuation_issues/7

  • JCT Intermediate Building Contract

    This page was written by Carl Brewin, James Davison and Seb Oram of 3PB Barristers. Please note that JCT 2024 is the current edition and the ...

    https://www.isurv.com/info/1190/jct_2024_and_2016_compared/12496/jct_2011_and_2005_compared

  • The art of good negotiating

    25 January 2012 David Jay takes a closer look at the psychology of negotiation and how it can be used to supplement technical ...

    https://www.isurv.com/info/390/features_archive/6419/negotiation_skills

  • Relativity for very short lease terms

    In Keating v The Mayor and Burgesses of the Royal Borough of Kensington and Chelsea (unreported 2010, LVT), one of the issues was the value ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3631/flats_new_lease_claims_valuation_issues/25

  • Nature of the works

    Most UK standard construction forms are prepared by and for specific parts of the construction industry. These standard forms therefore reflect aspects of these sectors ...

    https://www.isurv.com/info/387/jct_contracts/2698/jct_contract_selection_considerations

  • Special considerations for registered social landlords (RSLs)

    If you are working for a registered social landlord (RSL) – whether as an external consultant or in-house – some different considerations may very well come ...

    https://www.isurv.com/info/1184/practical_building_repairs/5232/building_contracts_and_tenders/3

  • Terms of acquisition

    As with a claim to acquire the freehold, the terms of the contract created by the service of a notice of tenant's claim are governed ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3647/houses_right_of_tenant_to_acquire_extended_lease/6

  • Development value

    As a general rule the freeholder is strongly advised to seek planning permission for any potential development before a collective enfranchisement claim is given. The ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3639/flats_collective_enfranchisement_valuation_issues/11

  • Losing your deposit

    17 May 2019 Deposit-free schemes for tenants may be useful, but questions need to be asked about the way they are sold says Eddie Hooker Deposit-replacement products ...

    https://www.isurv.com/info/390/features_archive/12008/no_money_down_deposit-free_schemes

  • Getting in a knot

    28 July 2017 A recent case offers a pointed reminder of surveyors’ responsibilities for dealing with Japanese knotweed, writes Laurence Cobb Since it was brought into the ...

    https://www.isurv.com/info/390/features_archive/11285/japanese_knotweed_case_law_surveyors_responsibilities

  • Saving protected species

    16 December 2016 A public consultation on licensing Great Crested Newts and other European protected species may result in an end to ...

    https://www.isurv.com/info/390/features_archive/10563/licensing_protected_species_ending_exclusion

  • Invitation to tender

    If an employer wishes more than one contractor to bid competitively for works, it will issue an invitation to tender (ITT) for the proposed works. The ...

    https://www.isurv.com/info/329/tendering_and_procurement_case_law/9240/tendering

  • Specific details of the update to Part L 2013 and 2014

    Part L 2013 came into effect on 6 April 2014 following industry consultation over the improvement required on the 2010 Building Regulations. As a result of ...

    https://www.isurv.com/info/35/part_l_of_the_building_regulations/890/eu_energy_performance_directive/3

  • Consumer Contract Regulations

    The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 came into force on 13 June 2014, implementing obligations set out in the EU Consumer rights directive. ...

    https://www.isurv.com/info/1330/lettings_agents_regulation_and_consumer_protection/12043/unfair_contract_terms/4

  • Valuation vocation

    12 July 2019 Surveyor Trudy Woolf explains how her enthusiasm for the built environment inspired her transition from valuation assistant to FRICS When I became a valuation ...

    https://www.isurv.com/info/390/features_archive/12084/from_valuation_assistant_to_frics_a_career_transition

  • Reserve funds

    Landlord and Tenant Act 1985 Section 19(2) of LTA 1985 provides that advance payments (including contributions to reserve funds) must be reasonable. Commonhold and Leasehold Reform Act ...

    https://www.isurv.com/info/332/service_charges_case_law/2428/sinking_funds_reserve_funds_and_depreciation_service_charges/3

  • Discount rate methods

    There are three approaches to the selection of discount rates. They are: the test discount rate the no risk return discount rate and the average risk premium discount rate. In each ...

    https://www.isurv.com/info/73/whole_life_and_life_cycle_costing/557/whole_life_cost_calculation/3

  • The application process

    The process of applying for and being granted an HMO licence is dealt with in sections 63–68 of the Housing Act 2004 and sections 87-91 for a selective ...

    https://www.isurv.com/info/345/residential_property_licensing/12055/gaining_a_licence

  • The meaning of blight

    19 January 2018 Paul Grant looks at the circumstances under which the owner of land or a property can claim blight? Under what circumstances can the owner of ...

    https://www.isurv.com/info/390/features_archive/11487/legal_questions_claiming_blight

  • Licences and permitting for waste

    In England and Wales, activities involving the treatment, recovery or disposal of waste usually require an environmental permit or exemption under the Environmental Permitting (England ...

    https://www.isurv.com/info/319/waste_management/2042/key_waste_legislation/8

  • Awards

    Making an award Any matter connected with any work to which the Act relates and is in dispute between the building owner and the adjoining owner ...

    https://www.isurv.com/info/63/party_walls_disputes/419/disputes_after_a_notice_is_served/3

  • Getting in a knot

    28 July 2017 A recent case offers a pointed reminder of surveyors’ responsibilities for dealing with Japanese knotweed, writes Laurence Cobb Since it was brought into the ...

    https://www.isurv.com/info/390/features_archive/11330/japanese_knotweed_case_law_surveyors_responsibilities

  • Marriage value

    Marriage value is that released by the coalescence of the interests – in its simplest form – the landlord's and tenant's interests. It is calculated ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3631/flats_new_lease_claims_valuation_issues/22

  • Clients' money regulatory issues

    Disciplinary action Breaches of Rule 1.10 may result in disciplinary proceedings depending on the severity of the points identified during the regulatory visit. If dishonesty is found, ...

    https://www.isurv.com/info/1094/financial_management/4037/clients_money_requirements/4

  • Proceedings

    Liquidation Liquidation (otherwise known as winding up) is the process by which the affairs of a company are wound up. The assets will be collected in ...

    https://www.isurv.com/info/261/insolvency_in_construction/2218/insolvency_proceedings/2

  • Why did that problem return?

    7 January 2019 It is important to be aware of the issues that can arise with long-term vacant properties The longer a property lies empty, the greater ...

    https://www.isurv.com/info/390/features_archive/11831/vacant_properties_dilapidation_and_repair

  • I beg to differ

    3 March 2017 Carrie de Silva considers dispute resolution and far-reaching changes in practice and philosophy Disputes are inevitable in ...

    https://www.isurv.com/info/390/features_archive/10657/dispute_resolution_far-reaching_changes_in_practice_and_philosophy

  • Relevant legislation

    The requirements of The Building Regulations 2010 (as amended) (the Building Regulations) are mandatory. However, the recommendations of Approved Document (AD) B are only one method of achieving compliance with ...

    https://www.isurv.com/info/31/fire_and_life_safety/842/further_information_on_fire_and_life_safety

  • Receipt of an initial notice

    In the first instance, anyone receiving an initial notice must: give a copy to anyone they know or believe to be a relevant landlord if that ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3632/flats_collective_enfranchisement/6

  • Legislation in Northern Ireland

    In Northern Ireland, the regulations relating to tenancy deposit protection are in the Tenancy Deposit Schemes Regulations (Northern Ireland) 2012. These came into effect with the ...

    https://www.isurv.com/info/1075/tenancy_deposit_protection/8713/tenancy_deposit_protection/9

  • What is a building?

    For there to be a zero-rated disposal of a residential or charitable building, more often than not the requirement is that a new building is ...

    https://www.isurv.com/info/57/vat/327/zero-rated_supplies_of_property/4

  • Keep your house in order

    11 March 2015 Ewan Craig, a speaker at the RICS annual ‘It’s Your APC’ conference, talks about the competency of housing maintenance, repair and improvements Housing maintenance, ...

    https://www.isurv.com/info/390/features_archive/8368/apc_competencies_housing_maintenance_repair_and_improvements

  • The way forward

    5 April 2016 Ian Sutton outlines the progress of building information modelling in the UK In May 2011, the Cabinet Office published the Government Construction Strategy, which ...

    https://www.isurv.com/info/390/features_archive/9538/bim_uk_progress

  • Residential renovations and alterations

    The legislation for residential renovations and alterations is contained in Group 7 of Schedule 7A of the Value Added Tax Act 1994 (VAT Act 1994). ...

    https://www.isurv.com/info/57/vat/331/reduced-rate_construction_services/2

  • Traditional and non-traditional contract and procurement

    Traditional contract and procurement The bulk of JCT contracts are traditional contracts, which generally separate the design and construction stages. The consultants lead on design and ...

    https://www.isurv.com/info/387/jct_contracts/2696/procurement_routes_for_jct_contracts/2

  • Drawing a line

    16 March 2018 David Powell introduces a new protocol intended to help surveyors and lawyers handle the thorny area of boundary disputes Boundary disputes continue to cause ...

    https://www.isurv.com/info/390/features_archive/11561/boundaries_protocol_for_dealing_with_disputes

  • Content and scope

    Today's specifications incorporate a complex array of information, including the design information, information on performance requirements, and testing, procedural, visual and quality control data. Separate specialist ...

    https://www.isurv.com/info/85/specifications/666/content_and_scope

  • Terms of acquisition

    The terms of the contract created by the service of a notice of tenant's claim are governed by the Leasehold Reform (Enfranchisement and Extension) Regulations ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3646/houses_right_of_tenant_to_acquire_freehold/7

  • Assessment of fair maintainable turnover (FMT)

    Unlike most other types of commercial property, size is unlikely to be the key determinant of value for a public house. Turnover and profitability from ...

    https://www.isurv.com/info/152/public_houses/1090/assessment_of_fair_maintainable_turnover

  • NSIPs and EIAs

    Example scheme: a Nationally Significant Infrastructure Project could comprise a rail freight interchange. The Planning Act outlines what would make an interchange nationally significant with ...

    https://www.isurv.com/info/98/environmental_impact_assessment/12338/nsips_and_eias

  • Dates relevant to rent assessment

    The review date – the date from which the new rent will become payable – will be defined by the lease, usually in the review ...

    https://www.isurv.com/info/46/rent_reviews_and_disputes/7317/initiating_the_rent_review/5

  • Health and Safety at Work etc. Act 1974

    The main statute governing health and safety obligations is the Health and Safety at Work etc. Act 1974 (HSWA). The Act also applies to people in charge of ...

    https://www.isurv.com/info/1025/health_and_safety/12449/legal_framework/3

  • Selection and price

    The price should be finalised before the construction phases commences. There is always pressure to seek a fixed price that is equivalent to the client's ...

    https://www.isurv.com/info/1225/partnering_and_supply_chain_management/6755/key_elements

  • Exclusion, yielding up, zzz ... the law never sleeps

    19 December 2011 From our panel of property lawyers, Melissa James, Paul Tonkin and Richard Webber offer advice on industry issues X is for ...

    https://www.isurv.com/info/390/features_archive/6384/commercial_property_law_faqs_exclusion_yielding_up_the_law_never_sleeps

  • Method

    The first step is to ensure that the exact scope of the assessment has been established. A fee and associated terms and conditions should be ...

    https://www.isurv.com/info/317/reinstatement_cost_assessment/2271/information_gathering_for_reinstatement_valuations/2

  • Creating collateral warranties

    Rights The main purpose of collateral warranties is to create a contractual link where none existed before. However, many drafters of collateral warranties seek to introduce ...

    https://www.isurv.com/info/71/collateral_warranties/542/collateral_warranties_legal_issues/3

  • Design and Build Contract

    The JCT produces two design and build forms: a standard design and build form (the Design and Build Contract) and a form for experienced users only (the ...

    https://www.isurv.com/info/387/jct_contracts/2699/jct_contracts_suite/4

  • Building used solely for a relevant residential purpose

    The Value Added Tax Act 1994 (VAT Act 1994) defines buildings used solely for a relevant residential purpose at note 4 to Group 5 to ...

    https://www.isurv.com/info/57/vat/327/zero-rated_supplies_of_property/7

  • Careful consideration

    30 October 2019 We gave a group of quantity surveyors several project scenarios and asked them to debate their procurement and contract strategy for each There is ...

    https://www.isurv.com/info/390/features_archive/12152/strategy_procurement_scenarios_debated

  • Section 9(1C)

    The third basis of valuation for the determination of the freehold price of the house and premises is section 9(1C). In effect, this applies to ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3648/houses_extended_leases_and_enfranchisement_valuation_issues/6

  • Contracts covered by the rules

    The PCR 2015 applies when a contracting authority seeks offers in relation to: a proposed public works contract a proposed public supply contract a proposed public services contract a proposed contract for the provision of ...

    https://www.isurv.com/info/1181/regulated_procurement/5528/pre-procurement_act_2023_regime_scope_coverage_exceptions_and_exclusions/2

  • Telecoms terminology

    A lot of technical terminology is used in the telecoms industry. Antenna: A device that transmits or receives a radio signal. A dual polar or transceiver ...

    https://www.isurv.com/info/157/telecoms/1132/history_of_the_uk_telecoms_market/6

  • A question of due diligence

    28 February 2019 Vendor surveys can be a valuable resource – provided they are properly conducted Technical due diligence surveys commissioned by commercial property vendors have become ...

    https://www.isurv.com/info/390/features_archive/11896/tdd_vendor_surveys

  • Client bank accounts and administration

    Titles of client bank accounts Client bank account titles must include the word ‘client’ in full. If ‘client’ is not in the title of a client ...

    https://www.isurv.com/info/1337/accounting/8718/general_requirements_for_client_accounting/3

  • Content of financial reports

    The format and contents of the financial report for a project will depend on the method of procurement adopted and the form of contract. However, ...

    https://www.isurv.com/info/82/cost_management/627/cost_forecasting_financial_reporting/2

  • Requirement B3 – Internal fire spread (structure)

    Requirement B3 states: '(1) The building shall be designed and constructed so that, in the event of fire, its stability will be maintained for a reasonable ...

    https://www.isurv.com/info/31/fire_and_life_safety/836/buildings_prior_to_occupation/4

  • Choose your competencies

    The APC requires you to achieve various competencies relevant to your APC pathway. The competencies are a mix of technical, professional and personal skills and ...

    https://www.isurv.com/info/1440/apc_candidates/11511/preliminary_review/4

  • Choose your competencies

    The APC requires you to achieve various competencies relevant to your APC pathway. The competencies are a mix of technical, professional and personal skills, and ...

    https://www.isurv.com/info/1440/apc_candidates/11510/structured_training/4

  • Leases below 20 years

    In Sportelli, the tribunal concluded that for a lease with less than 20 years unexpired, the deferment rate would need to have regard to the ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3631/flats_new_lease_claims_valuation_issues/21

  • Achieving effective communication

    As with all conflicts of interest the key is effective communication to ascertain what the landlord and the tenant want out of the deal. If ...

    https://www.isurv.com/info/1328/landlord-tenant_relationship/7963/communication

  • Banning orders and the rogue landlord database

    The Housing and Planning Act 2016 provides local authorities in England with greater powers to tackle rogue landlords and property agents in the private rented sector. Introduction The Housing and ...

    https://www.isurv.com/info/1330/lettings_agents_regulation_and_consumer_protection/12044/related_legislation/2

  • Procedure

    Depending on the building contract used, there may be set procedures for the contract administrator to follow when dealing with defects during the construction period. ...

    https://www.isurv.com/info/259/defects/2196/dealing_with_patent_defects

  • Helpful judicial guidance

    Ikarian Reefer [1993] 2 Lloyd’s Rep 68 Cresswell J summarised the case law as to the duties and responsibilities of an expert: ‘The duties and responsibilities of ...

    https://www.isurv.com/info/1152/dispute_resolution/3613/expert_witness/6

  • Impact of statute and common law on key contractual provisions

    There are certain provisions that, if included in a construction contract, will be invalid either by operation of statute or common law. This section considers ...

    https://www.isurv.com/info/329/tendering_and_procurement_case_law/9245/negotiating_a_construction_contract/3

  • Levelling up

    The Levelling up white paper issued in February 2022 set out the previous government’s priorities to ensure that everyone has equal economic and social opportunities. In particular, ...

    https://www.isurv.com/info/118/making_a_planning_application/2/latest_updates/3

  • Building Regulations

    The Building Regulations, which are approved by Parliament, deal with minimum standards of design and building work for the construction of domestic, commercial and industrial ...

    https://www.isurv.com/info/54/building_control/272/building_regulations

  • Alterations to protected buildings

    Construction services provided in the course of approved alterations to a protected building can be VAT zero-rated subject to various conditions being met. ...

    https://www.isurv.com/info/57/vat/330/zero-rated_construction_services/6

  • The Act and how it works

    The lease code 2020 states: ‘2.2 Where the landlord proposes that statutory rights of renewal under the Landlord and Tenant Act 1954 are to be excluded, ...

    https://www.isurv.com/info/44/leases/1277/landlord_and_tenant_act_1954_part_ii

  • Easing the load

    22 May 2017 Shirley Waldron explains how legislative provisions were lifted to enable work on Crossrail with the application of a range of ...

    https://www.isurv.com/info/390/features_archive/11162/crossrail_lifting_legislative_provisions

  • Joint Contracts Tribunal (JCT) suite

    The JCT forms are largely traditional construction contracts and are the most widely used construction contracts in the UK building sector. These contracts are tried and ...

    https://www.isurv.com/info/385/what_type_of_contract_is_needed/2679/standard_construction_forms/2

  • Going up in the world

    22 November 2018 Replacing or refurbishing a lift can be time-consuming and expensive. Gareth Lomax explains how to streamline the process As with all electromechanical equipment, lifts ...

    https://www.isurv.com/info/390/features_archive/11787/lift_maintenance_refurbishment_or_replacement

  • Section 9(1)

    As outlined in the Introduction to extended leases and enfranchisement valuation issues for houses, section 9(1) is the original and most favourable basis of valuation ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3648/houses_extended_leases_and_enfranchisement_valuation_issues/4

  • Annual tax on enveloped dwellings (ATED)

    This tax is commonly called ATED and, although it has a link with SDLT, it is a standalone tax. Its roots lie in SDLT anti-avoidance. SDLT ...

    https://www.isurv.com/info/210/taxation_of_real_estate/8290/annual_tax_on_enveloped_dwellings

  • Integration with contracts and appointment documents

    The BIM Industry working group was invited by the Department for Business, Innovation and Skills and the Efficiency Reform Group from the Cabinet Office to ...

    https://www.isurv.com/info/1246/building_information_modelling_bim/7220/bim_legal_issues

  • Surveying America

    20 December 2019 The demand for quantity surveying as a profession is growing in the USA as more companies and clients recognise the value of the ...

    https://www.isurv.com/info/390/features_archive/12178/us_market_professional_opportunities

  • Boundaries: walls, fences, gates and railings

    Many brick-built garden boundary walls become retaining walls by default, as earth levels are built up over time well above the original ground level. If this ...

    https://www.isurv.com/info/1184/practical_building_repairs/5466/repairs_electrics_and_miscellaneous_items/4

  • Approved Document L: Conservation of fuel and power

    See the full Approved Document L: Conservation of fuel and power:   Approved Document L1A: Conservation of fuel and power in new dwellings (2013 edition with 2016 ...

    https://www.isurv.com/info/54/building_control/274/approved_documents/10

  • A measured pace

    5 March 2018 A well-planned approach to adopting technology will enable surveyors to thrive in a digital future, says Michael Wolter One would be hard-pressed to find ...

    https://www.isurv.com/info/390/features_archive/11560/technology_and_surveying_how_to_thrive_in_a_digital_future

  • 6.2 WLCA reporting metrics

    6.2.1 Energy and carbon reporting metrics Table 29 provides the units of measurement to be reported for the carbon boundaries identified (as described in section 2.1). ...

    https://www.isurv.com/info/1599/whole_life_carbon_assessment_wlca_for_the_built_environment/12497/6_reporting_requirements_for_wlcas/3

  • VPGA 11 Relationship with auditors

    1 Scope 1.1   In many jurisdictions, auditors have a statutory obligation to express an opinion on whether an entity’s financial reports: have been properly prepared in accordance ...

    https://www.isurv.com/info/1261/rics_valuation_%E2%80%93_global_standards/7681/part_5_valuation_practice_guidance_applications_vpgas/11

  • Letter of the law

    21 September 2015 Julia Dixon looks behind the acronyms to explain how recent planning laws are applied in England Planners and planning ...

    https://www.isurv.com/info/390/features_archive/8715/planning_laws_in_england_acronyms

  • Relativity examples

    In Examples 1-6 inclusive, the new lease value is £500,000 and the corresponding share of freehold value is £505,050. The relativity of the new lease ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3631/flats_new_lease_claims_valuation_issues/24

  • Key points

    The first point is that the parties to this contract agree that the administration is undertaken by a third party. This determines that the parties ...

    https://www.isurv.com/info/1053/jct_minor_works_contract/10309/using_the_jct_minor_works_contract/2

  • Introduction

    Once all stakeholders within the supply chain have been identified and prioritised, the next step will be to determine how they should be engaged with, ...

    https://www.isurv.com/info/1419/stakeholder_engagement_inside_the_supply_chain/10990/engaging_stakeholders

  • Final stage of assessment

    The surveyor has reviewed the need to confirm the appointment, obtained and collated appropriate information and, where possible, undertaken the site visit. The most important ...

    https://www.isurv.com/info/317/reinstatement_cost_assessment/2276/final_stage_of_reinstatement_cost_assessment

  • Barriers

    Importance of senior management support Project or programme controls rarely works in an environment where the project or programme manager is not an advocate of the ...

    https://www.isurv.com/info/1416/project_and_programme_controls/10962/barriers

  • Contracting organisation people, duties and resources

    The change manager For large and more complex schemes, it can be common for contracting teams to have a change manager/change control manager. One such example ...

    https://www.isurv.com/info/1408/change_control_and_change_management/10956/change_control_resources/2

  • Environmental investigations for development or redevelopment projects

    The requirements for environmental investigations for development or redevelopment projects can vary significantly, depending on their nature, size and location. Larger-scale projects can trigger the requirement ...

    https://www.isurv.com/info/97/commissioning_environmental_assessments/1360/environmental_investigations_for_real-estate_transactions/6

  • Property law and practice

    A sound knowledge of key property laws relating to communal buildings, such as the Landlord and Tenant Act 1985 and 1987, and the Commonhold and ...

    https://www.isurv.com/info/1312/adding_a_block_management_portfolio/11232/key_skills/5

  • Your word is your bond

    29 April 2019 With a more detailed understanding of construction bonds, practitioners can manage risks for all parties involved in a project Construction bonds, or surety bonds, ...

    https://www.isurv.com/info/390/features_archive/11954/construction_bonds_managing_risks

  • Introduction

    Most procurement challenges relate to the award of ‘public contracts’, which are subject to specific UK public procurement regulations. These regulations require that a regulated ...

    https://www.isurv.com/info/1169/disputes_arising_from_procurement/8481/public_procurement_disputes

  • FAQs

    The following FAQs are addressed: Does the employer have a duty to provide construction information at all? Is an architect required to provide information to suit an ...

    https://www.isurv.com/info/256/construction_information/2184/faqs

  • Made to order

    24 September 2018 In the first part of a 2-part article, Joe Martin looks at the different methods for using BCIS data to produce an order ...

    https://www.isurv.com/info/390/features_archive/11715/bcis_data_cost_estimates

  • Tenant Fees Act 2019 – England

    In April 2017, the government consulted on introducing primary legislation banning lettings agent fees for tenants. The government concluded that fee transparency alone would not ...

    https://www.isurv.com/info/1330/lettings_agents_regulation_and_consumer_protection/8601/regulation_of_lettings_agent_fees/4

  • Types of insolvency process

    The most common types of insolvency process that a practitioner will confront in the real estate field are receivership, (historically) administrative receivership, moratoriums, administrations, pre-packaged ...

    https://www.isurv.com/info/1536/managing_insolvency/1241/accepting_an_instruction_on_insolvency

  • Seeing the light

    22 July 2016 Michael Ney outlines new RICS guidance on the often controversial issue of rights of light Do you ...

    https://www.isurv.com/info/390/features_archive/9824/rights_of_light_rics_guidance_overview

  • Dispute review boards and adjudication boards

    A dispute board is a project-specific adjudication process. It is an alternative to more conventional methods of dispute resolution, such as arbitration or litigation. The dispute ...

    https://www.isurv.com/info/1559/infrastructure_claims/11965/dispute_resolution/7

  • Criminal offences and civil penalties

    Criminal offences Not having a licence is a serious matter. Section 72 of the Housing Act 2004 sets out the offences that can be committed in relation to ...

    https://www.isurv.com/info/345/residential_property_licensing/12060/penalties_in_residential_property_licensing

  • Methods of dispute resolution

    In addition to negotiation, four  methods of dispute resolution exist under the JCT Standard Building Sub-Contract (SBCSub): mediation adjudication arbitration and litigation. The subcontractor has ten days from issue of the final ...

    https://www.isurv.com/info/1028/jct_standard_building_sub-contract/3381/dispute_resolution_under_the_subcontract

  • Legislation, planning and advice

    Large sections of legislation affect wildlife in the UK. While the legal systems in England and Wales follow broadly similar principles, the situation in Scotland ...

    https://www.isurv.com/info/1243/ecological_considerations/7087/legislation_planning_and_advice

  • In a word

    1 October 2018 James Burgoyne cautions that you should always check the terms of professional indemnity insurance to be aware of possible pitfalls When looking for gaps ...

    https://www.isurv.com/info/390/features_archive/11725/pii_potential_pitfalls

  • Practical guidance

    This competency covers all aspects of a surveyor's working life. It is about ensuring that the surveyor's entire working life is conducted as safely as ...

    https://www.isurv.com/info/1439/apc_mandatory_competencies/3293/health_and_safety/2

  • Protected characteristics

    The Act applies to the following protected characteristics: age disability gender reassignment marriage and civil partnership pregnancy and maternity race religion or belief sex and sexual orientation. This section focuses on disability. Disability ‘Disability’ is defined in section ...

    https://www.isurv.com/info/40/disability_discrimination_in_property/8726/equality_act_2010/3

  • Preparing for mediation

    The process typically involves: pre-mediation preparation selecting a mediator agreeing a date selecting a venue agreeing fees and costs sorting the paperwork and preparing for the day. Pre-mediation preparation According to Herbert Smith Freehills (ADR ...

    https://www.isurv.com/info/1152/dispute_resolution/3846/mediation/2

  • Back to school

    3 June 2019 In the second article in our client views series, we speak to a client at the University of Glasgow about her experience of ...

    https://www.isurv.com/info/390/features_archive/12040/university_of_glasgow_working_with_surveyors

  • Meter readings

    The inventory and schedule of condition should include a section in which the meter readings can be recorded. Space should also be provided to insert ...

    https://www.isurv.com/info/427/inventory_and_schedule_of_condition/2913/content_of_the_inventory/4

  • Service charges

    The common parts of any building divided into flats have to be maintained, repaired, decorated and cleaned. In almost all cases the responsibility for this ...

    https://www.isurv.com/info/1226/mixed-use_developments/6642/service_charges

  • Implications for existing building stock

    The built environment has a design life of 40–100 years, and is replaced at a rate of less than 1% per year. This presents a ...

    https://www.isurv.com/info/1363/climate_change_adaptation_and_mitigation/9779/implications_for_existing_building_stock

  • Don’t risk it

    31 May 2017 James King warns of the dangers of underinsurance and provides advice for keeping cover accurate and up to date  Underinsurance is an issue for ...

    https://www.isurv.com/info/390/features_archive/11141/insurance_dangers_of_underinsurance

  • Works in the course of construction

    Only construction works carried out in the course of construction of a new building can be VAT zero-rated. Broadly, works are carried out ...

    https://www.isurv.com/info/57/vat/330/zero-rated_construction_services/2

  • Funding

    The viability of developing brownfield sites can be significantly affected by levies and funding incentives. In their book Urban land economics, Jack Harvey and Ernie ...

    https://www.isurv.com/info/105/brownfield_development/1401/brownfield_development_incentives/6

  • An example of environmental management

    Using the example of a construction project, an environmental manager might ensure the following. Discoloured groundwater containing silt encountered during excavation for foundations is discharged to ...

    https://www.isurv.com/info/96/environmental_management_and_policy/1345/environmental_policy_and_management_explained/2

  • By design not accident

    15 February 2017 Paul Bussey explains the rationale for doing CDM Differently The most controversial and significant change made in the Construction (Design ...

    https://www.isurv.com/info/390/features_archive/10641/health_and_safety_cdm_differently

  • Aluminium Composite Material (ACM) cladding panels

    What are ACM panels and the risk factors? This section will help you understand the difficulties in assessing the fire resistance adequacy of ACM external panelling ...

    https://www.isurv.com/info/418/building_elements/3390/external_wall_issues/9

  • A change for the good

    25 October 2011 Variations make the life of a contract administrator easier, says Duncan Cartlidge, but handling them properly under JCT11 needs clear ...

    https://www.isurv.com/info/390/features_archive/5840/contracts_handling_varations_under_jct11

  • Tackling the tough lessons

    3 November 2016 The complex nature of construction projects means there will often be some kind of failure, but the trick is to learn from ...

    https://www.isurv.com/info/390/features_archive/10376/construction_projects_learning_from_mistakes

  • Multi-party approach to PPC 2000

    Integrated team A key principle of partnering is the creation and operation of an integrated team. PPC2000 is a single multi-party contract whereby the client, the ...

    https://www.isurv.com/info/68/fac-1_tac-1_ppc2000_and_tpc2005/490/ppc2000/6

  • Title, tenancy, planning, environmental, energy and rating issues

    Title issues The tenure of the property should be ascertained, whether freehold, leasehold, heritable etc., usually by means of Report on Title provided by the client’s ...

    https://www.isurv.com/info/142/industrial_and_distribution_properties/7388/valuation_considerations_for_industrial_and_distribution_properties/2

  • Different strokes

    14 December 2011 Jon Close looks at the main differences between the JCT contract administrator, the NEC3 project manager and FIDIC’s engineer roles in contract ...

    https://www.isurv.com/info/390/features_archive/6387/contract_administration_role_comparisons

  • Beyond big data

    15 March 2016 Kim van Rooyen investigates how industry-agreed standards on data use are essential to improving project performance Expectations about ...

    https://www.isurv.com/info/390/features_archive/9475/data_management_improving_project_performance

  • A retail breakthrough

    2 May 2019 Building control surveyors had a significant role to play when it came to coordinating construction and ensuring safety in the extension of the ...

    https://www.isurv.com/info/390/features_archive/11974/coordinating_construction_ensuring_safety

  • Stages in a typical PFI project

    The HM Treasury Taskforce (a now-defunct government organisation - see Partnerships UK) reduced the PFI process to 14 distinct stages and provided an appropriate framework ...

    https://www.isurv.com/info/66/pfi/470/background_to_pfi/2

  • Qualifying construction services

    Construction services can be VAT zero-rated in the following instances: For new buildings: ...

    https://www.isurv.com/info/57/vat/330/zero-rated_construction_services

  • RICS official definition

    Demonstrate knowledge and understanding of the principles and responsibilities imposed by law, codes of practice and other regulations appropriate to your area of practice. Further guidance This ...

    https://www.isurv.com/info/1476/assocrics_mandatory_competencies/3283/health_and_safety

  • Other forms of contract

    Prime Cost Building Contract The Prime Cost Building Contract 2016 is a cost reimbursement form where the contractor is paid either a fixed fee or a ...

    https://www.isurv.com/info/387/jct_contracts/2699/jct_contracts_suite/6

  • Room at the top?

    6 November 2017 Ownership of the airspace above a building is a live question when it comes to development, as John Midgley reflects With land in short ...

    https://www.isurv.com/info/390/features_archive/11422/airspace_ownership_development_issues

  • General principles

    The essence of the current system is that there are two types of planning permission: outline planning permission, which establishes a planning permission effectively ‘in principle’ and ...

    https://www.isurv.com/info/1184/practical_building_repairs/5277/planning_permission/2

  • Laser pointers

    25 September 2017 Shelby Green explains how laser scanning can be used with building information modelling in surveying buildings Laser scanning is becoming the preferred method for ...

    https://www.isurv.com/info/390/features_archive/11358/bim_and_building_surveying_laser_scanning

  • Audits and reports

    Access audits There are many different styles of audit in the industry, with no real right or wrong version. The usefulness, detail and readability of audit ...

    https://www.isurv.com/info/28/equality_and_social_inclusion/794/equality_issues_for_surveyors/3

  • Adaptations for disabled persons

    Certain goods and services provided to a disabled person, or to a charity for making these available to disabled persons, by sale or otherwise, for domestic use or ...

    https://www.isurv.com/info/57/vat/330/zero-rated_construction_services/7

  • SDLT update 2016/2017

    Set out below are the current levels of charge and variations to the system. This should be read in conjunction with the SLDT pages above. This tax ...

    https://www.isurv.com/info/210/taxation_of_real_estate/1881/stamp_duty_land_tax/12

  • Negotiation

    'Non-binding' refers to resolution processes that do not end with a result or a decision that binds (forces), the parties to accept it. Each party ...

    https://www.isurv.com/info/1107/residential_and_commercial_dispute_resolution/4667/non-binding_dispute_resolution

  • The 10 most common oversights

    The 10 most common oversights in block management when preparing for major works are: not having a PMP/capex plan not considering the lease when considering or specifying ...

    https://www.isurv.com/info/1308/block_maintenance/8078/common_oversights_in_major_works

  • Leaders of tomorrow

    4 June 2019 The Global Infrastructure Initiative 2018 summit highlighted 3 main areas of improvement to address the challenges facing the infrastructure sector From electrified highways to ...

    https://www.isurv.com/info/390/features_archive/12036/global_infrastructure_initiative_2018_challenges

  • Allocation and apportionment of costs

    There is no general rule that all tenants should be treated consistently or that the sum of the various individual tenant apportionments should add up ...

    https://www.isurv.com/info/47/service_charges_in_commercial_property/1317/contractual_basis_of_the_service_charge/5

  • VPGA 6 Valuation of intangible assets

    1 Scope 1.1   The guidance below provides additional commentary on the valuation of intangible assets and the practical application of IVS 210 Intangible Assets. 1.2   It covers ...

    https://www.isurv.com/info/1261/rics_valuation_%E2%80%93_global_standards/7681/part_5_valuation_practice_guidance_applications_vpgas/6

  • Further FAQs

    Can I extend the three-year period if my application could take years for reserved matters to be completed? Can I lobby members of the planning committee? Can ...

    https://www.isurv.com/info/1595/planning_application_faqs/2826/making_and_managing_planning_applications_faqs/8

  • UK VPGA 9 Relationship with auditors

    Auditors have a statutory obligation, for UK incorporated entities, to express an opinion on whether the accounts: have been properly prepared in accordance with the Companies Act ...

    https://www.isurv.com/info/1262/uk_national_supplement/11789/uk_vpga_9_relationship_with_auditors

  • Collective right to manage

    Since 1987, leaseholders have been able to apply to the court for the appointment of a manager and even to compulsorily acquire the landlord’s interest, ...

    https://www.isurv.com/info/1226/mixed-use_developments/6638/leasehold_enfranchisement_flats/2

  • Building materials

    The supply of building materials is VAT standard-rated. However, the supply of building materials to a person to whom the supplier is also providing construction ...

    https://www.isurv.com/info/57/vat/330/zero-rated_construction_services/3

  • National issues

    As part of globalisation, firms are going outside their own country to exploit new business opportunities. Doing business with foreign firms and in foreign countries, ...

    https://www.isurv.com/info/1186/international_procurement/5714/overview/3

  • Check if there is anything else to consider before you proceed

    Even if you don't need planning permission, check if you need any other consents or approvals before you start your works. Building Regulations Even if the planned ...

    https://www.isurv.com/info/1035/householder_development/3469/i_dont_need_planning_permission_%E2%80%93_what_do_i_do_next/4

  • Types of condensation

    Air moisture varies according to climate or seasonal conditions, building design and construction, and the activities of the building's occupants. As the amount of moisture ...

    https://www.isurv.com/info/1155/damp/4637/sources_of_moisture/2

  • Leasehold enfranchisement (flats)

    The Leasehold Reform, Housing and Urban Development Act 1993, as amended by the Commonhold and Leasehold Reform Act 2002 (although the 2002 amendments are not ...

    https://www.isurv.com/info/1226/mixed-use_developments/6638/leasehold_enfranchisement_flats

  • The option to tax

    It is possible to make what is known as an option to tax in respect of land and buildings. This transforms the otherwise VAT-exempt supply ...

    https://www.isurv.com/info/57/vat/326/standard-rated_supplies_of_property/2

  • What are the rates of VAT?

    There are 3 rates of VAT: the standard rate at 20%; the reduced rate at 5%; and ...

    https://www.isurv.com/info/57/vat/336/the_operation_of_vat/9

  • Passive learning

    18 August 2016 Tony Godwin describes the process of building his home to the Passivhaus standard It is now 15 ...

    https://www.isurv.com/info/390/features_archive/10052/energy_efficiency_building_a_home_to_the_passivhaus_standard

  • The Construction (Design and Management) Regulations 2015

    (HSE Guidance L153) The Construction (Design and Management) Regulations 2015 (CDM Regulations) arose from EU directive 92/57, which covers temporary or mobile construction sites. This directive lays ...

    https://www.isurv.com/info/30/health_and_safety/833/legislation_and_key_hands_issues/6

  • FAQs

    Do the time frames relating to the breaches of normal planning control, apply as a defence to listed building enforcement notices? Can I appeal against a listed ...

    https://www.isurv.com/info/124/heritage_issues/8762/legislation_policy_and_guidance/8

  • Consultation with tenants

    The Landlord and Tenant Act 1985 makes detailed provision for the regulation of residential service charges payable by long leaseholders. Section 19 of the LTA ...

    https://www.isurv.com/info/332/service_charges_case_law/2424/general_principles_of_service_charges/6

  • Additional provisions for other types of heating system

    The previous section looked at those generic issues and factors that are common to all heating systems whatever fuel they use. This section will focus ...

    https://www.isurv.com/info/1236/assessing_building_services/7076/heating_systems_and_their_fuels/5

  • Reasonableness: the position at common law

    In light of the limited scope of statutory regimes controlling service charge provisions, the position at common law continues to be relevant. The courts are ...

    https://www.isurv.com/info/332/service_charges_case_law/2424/general_principles_of_service_charges/5

  • VPS 6 Valuation reports

    1 General principles Valuation reports and documentation are a critical and defining feature of the Red Book Global Standards process. The report and documentation must:   clearly and ...

    https://www.isurv.com/info/1261/rics_valuation_%E2%80%93_global_standards/7679/part_4_valuation_technical_and_performance_standards_vpss/6

  • Sch. 13: Settlement evidence

    Three main criticisms are listed with respect to settlement evidence (para.127): they are usually evidence only of the price agreed and not of the component parts ...

    https://www.isurv.com/info/1052/leasehold_enfranchisement/3631/flats_new_lease_claims_valuation_issues/19

  • Appointment of a third party

    Initial stages Both arbitrators and independent experts are under a duty to act expeditiously on appointment. The underlying philosophy, however, of the Arbitration Act 1996 is ...

    https://www.isurv.com/info/46/rent_reviews_and_disputes/7333/disputes/2

  • 3.3 Terms of engagement

    You should give written confirmation to your client of their instructions for you to buy, sell or let a property on their behalf. This should include details ...

    https://www.isurv.com

  • Case law

    Most of the key cases relating to mineral working were decided in during the 19th century, as a consequence of the major growth of the ...

    https://www.isurv.com/info/114/minerals_and_waste_management/1534/minerals_and_waste_management_legal_issues/12

  • The Building Safety Act 2022

    The Building Safety Act 2022 (BSA) was enacted into law on 28 April 2022 covering ‘higher risk buildings’, subsequent changes to the Building Regulations (The Building ...

    https://www.isurv.com/info/30/health_and_safety/833/legislation_and_key_hands_issues/16