Party Wall Notice

Being unaware of a duty to serve Party Wall Notice under The Party Wall etc. Act 1996 is not a defence. Some people do not factor in the costs of compliance with The Party Wall etc. Act 1996 before they commence works. Some choose to ignore the legislation, in the belief they are saving themselves time and money. This incorrect course of action leads to delays to their project, neighbourly dispute, possible court action and associated costs.

Party Wall Notice will prevent court action

The Requirement For Party Wall Notice

The Party Wall etc. Act 1996 requires Building Owners to serve relevant party wall notice to Adjoining Owners up to 2 months before notifiable works commence. When party wall notice is not served and it can cause friction between neighbours. In the worst case scenario where works have begun Adjoining Owners can apply to the Court and gain an injunction against the works. There are upfront costs for doing this, which are usually recoverable from a Building Owner. What Building Owners can also overlook by neglecting to serve notice is that certain rights granted by the Act are also not invoked (such as access in their neighbour’s land, to undertake notifiable works).

In many cases serving party wall notice is simple. By notifying a neighbour that works are going ahead there is less likelihood of a dispute occurring. Issuing notice/s with a polite letter explaining what the works are is far cheaper and easier than a court injunction and costs, then living with the resulting bad feeling.

Ignorance Is No Defence

The Party Wall etc. Act 1996 is now well established legislation. There is no good reason to ignore it. The courts will invariably find against anyone who does, either wilfully or through genuine ignorance. The cost of not serving a valid party wall notice may prove to be the costliest oversight of the whole project. The adage of Ignorantia iuris nocet applies. Not knowing the law is harmful.

We Can Help

If you are having works undertaken to your property that is likely to affect your neighbour’s property contact RMA Surveyors Ltd and we will be pleased to assist you serving the correct notice to avoid future and costly disputes. RMA Surveyors Ltd are members of the RICS. Please contact us and we will be happy to help.

Need a Party Wall Award?

party wallHaving recently undertaken Party Wall Award Notices in Windsor, Newbury and Leckhampstead. RMA Surveyors Ltd are experienced in providing advice in compliance with The Party Wall Act 1996, throughout Berkshire and the South-East.

The Party Wall etc Act 1996 provides a framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings.

The Act is separate from obtaining planning permission or building regulations approval. It provides a mechanism for preventing and resolving disputes relating to building work near or on a shared property boundary, or ‘party wall’.

If you require advice on a Party Wall, contact us on 01635 579 208.

For further reading on Party Walls visit the RICS information page.

Defect Specific Reports

Specific DefectsIn addition to property surveys, RMA Surveyors Ltd undertake Defect Specific Reports. Each written report provides a clear, comprehensive and professional opinion regarding a particular problem (or ‘defect’) within a building.

In recent months, RMA Surveyors Ltd have visited a property in Thatcham to inspect a sagging roof, a site in Didcot to investigate cracking and building movement and a property in Hungerford to assess a damp issue.

Defect specific investigations and reports encapsulate the specific materials, construction and associated issues surrounding a specific building defect. Reports can be provided in a formal written report or in a letter or email format depending on the client’s requirements.

Specification for reinstatement and an estimate for repair costs can also be included.

If you have a concern regarding your property, get in touch for advice. Call us on 01635 579208 or complete the enquiry form.

As chartered surveyors, RMA Surveyors Ltd are members of and are regulated by the governing body RICS (Royal Institution of Chartered Surveyors). As such, any client can be guaranteed a high professional standard of inspection and report.

Office Refurbishment

We recently undertook the contract administration and project management of a successful office refurbishment to a Grade 2 listed, former town house located in a prominent position within Pinner High Street, London.

The scope of service included agreeing statutory consents and liaison with the local conservation officer and English Heritage. Providing additional restraint where historic settlement had affected the structure, design and specification of all elements of the refurbishment, including using materials sympathetic with the historic fabric of the building, roof repairs, external masonry repairs, internal plaster repairs, improving energy efficiency of the building, new gas and electrical service installations, joinery items and redecoration.

The contract was successfully completed inside the 15 week contract period. We held regular site meetings and site inspections, certified works as they were completed, agreed the final account and signed off works at completion. As well as liaising with the main contractor, we also organised the programme of works around data, telecoms and security contractors to ensure a seamless transition to allow the clients’ company to move offices without interruption to their business.

As a result the building has been transformed from a rather tired structure that was long overdue any maintenance into a building that not only contributes significantly to the historic fabric of central Pinner but has a contemporary style that is also reflective of the buildings history.

If you have a refurbishment project that would like RMA Surveyors Ltd assistance with, please contact us on 01635 579208, get in touch via enquiries@rmasurveyors.co.uk, or simply complete the enquiry form.

Insurance Reinstatement Repair

Damp floorWe recently undertook an insurance reinstatement repair contract in Compton, Berkshire.

The semi-detached property had suffered a central heating leak within the floor screed. It could not be determined how long the leak had been established but the whole ground floor screed was saturated. The client appointed us to liaise with the insurance company and their appointed loss adjuster.

We visited the site, assessed the damage and advised the loss adjuster of the works required. We drew together a schedule of works, which we issued for competitive tender. We ensured a contractor was appointed to undertake the works and attended regular site meetings to ensure works were completed within the four week contract period. Our role included liaising regularly with the client to ensure that decisions regarding finishes were made in good time to prevent any delay to the contract and to enable the client to move back from their alternative accommodation as quickly as possible.

Overall, the issue was dealt with within a four month period, from the date the loss was discovered to completion. Our involvement in this project reduced the cost of the claim to the insurer, ensured that the property was sufficiently restored to its pre-loss condition, and enabled the client to be satisfied that works had been undertaken and specified properly.

During the contract period, we were also able to incorporate some amendments and alterations to the ground floor space that the client desired and we were able to clearly separate and demonstrate to the Insurer which works were part of the insured loss and which were undertaken privately for the client.

On completion we certified all works and valued them and made sure the contractor was duly paid. We are pleased to have been able to provide our services and without our involvement it is highly likely that works would not have been completed in the time and to the quality to which they were.

If you’re in need of a Chartered Surveyor to help oversee some insurance reinstatement works, contact RMA Surveyors Ltd on 01635 579208 or complete the enquiry form and we’ll get in touch.

Property Checklist for Winter

ricsRMA Surveyors Ltd, Newbury have been reading an article from RICS (the Royal Institution of Chartered Surveyors) which offers a checklist to homeowners on how to look after their properties during the winter months. With another cold snap predicted in the forthcoming weeks, it’s worth a read.

Below is a snapshot of the RICS winter property checklist; for the full article, click here.

  • Roof: Inspect the roof and replace any cracked tiles.
  • Loft: Check the insulation is in good condition (up to current standard). Avoid over insulating. It is important that the tanks and pipes in the loft do not freeze, so do not insulate below the tank. Make sure the lid is on the cold-water tank.
  • Gutters and drains: Clear them of leaves and debris. Take particular care that the gulley’s are clear. Overflowing gutters can drench walls and cause damage.
  • Walls: 33% of heat lost in the home is through the walls. Cavity wall insulation is a good option and can boost its value and saleability while reducing your energy bills. Check the pointing – frost can play havoc with poorly maintained walls.
  • Windows: It is important to minimize draughts. If double-glazing is not in place (it cuts heat loss through windows by 50%), consider fitting cheaper options such as secondary glazing or put polythene across the window frames.
  • Boilers: Have your boiler serviced.
  • Heating: Check your heating system is in order; insulate hot water tanks, and bleed radiators.

While many of these simple tasks can be undertaken safely in the home it is important that people seek the advice of reputable professionals when looking to complete larger jobs. RICS advise people to avoid using builders and tradespeople who cold call. To find a local, trusted chartered surveyor in your area go to www.ricsfirms.com.

If you require advice from a Chartered Building Surveyor in Berkshire, contact RMA Surveyors Ltd on 01635 579208.

A Party Wall Matter

Party Wall workWe recently acted as a Party Wall Surveyor for an adjoining owner, in Newbury, Berkshire.

The works being undertaken by the next door neighbour included an extension to the rear of the building and some cutting in and weathering of the Party Wall.

The owner that we acted for was concerned that their second floor flat may be affected by the works. We checked that the Party Wall notice that had been issued was valid, contacted the building owners surveyor and liaised with them to confirm the method and approach to which works affecting the Party Wall should be undertaken. In addition we took a schedule of condition of the property prior to the works commencing.

We have now issued an Award and works are underway.  Our final piece of involvement should be to attend site once works have been completed to ensure they have been undertaken satisfactorily and have not affected our appointing owner’s property.

If you have a Party Wall enquiry or have been served with Notice under the Party Wall Act, please contact us on 01635 579208 or by using the contact form. We will be happy to act on your behalf.

Traditional Building Pitfalls

ricsRMA Surveyors Ltd, Newbury have been reading an interesting discussion on RICS regarding the care and repair work of Victorian and Edwardian age buildings and the pitfalls often made that result in ‘inherent defects’ in later life.

RMA Surveyors Ltd are a proud member of RICS, with experience in dealing with traditional buildings and period properties. If you’re looking for advice from a local, trusted chartered surveyor in Berkshire, please call us or complete the form with your query.

Read the full article or see the snapshot below:

The top 10 inappropriate works commonly carried out on traditional buildings

  1. Replacing original good quality sash windows with inappropriate modern aluminium or PVC-U casements and stripping out original period doors.
  2. Unnecessarily injecting chemical damp-proof courses (or injecting them incompetently), and re-plastering or rendering main walls with cement-based materials rather than traditional lime, thereby  trapping damp in the walls.
  3. Encouraging damp, rot and beetle infestation by blocking ventilation to floors and roofs, and by allowing high ground levels (such as flower beds) to build up against external walls.
  4. Removal of chimney breasts or load-bearing internal spine walls without providing adequate support to the remaining masonry above.
  5. Neglecting badly eroded mortar joints to external masonry, allowing damp to penetrate and frost damage to occur.
  6. Re-pointing walls with cement mortar that prevents walls from ‘breathing’, and re-pointing in visually dominant ‘show off’ styles (such as protruding ‘weatherstruck’ pointing).
  7. Botched repairs to flashings to stacks and roofs with short-life materials such as self-adhesive tapes or mortar fillets.
  8. Failure to provide enhanced structural support to roof structures where original lightweight slate coverings have been replaced with heavier concrete tiles.
  9. Not lining old flues before lighting fires or using appliances, and failing to cap and ventilate disused flues.
  10.  Weakening floor joists with excessive cutting for cable and pipe runs.

RICS members have a pivotal role to play in both these areas to ensure that the future of our important stock of traditional buildings does not continue to be carelessly endangered.

Listed Building Repairs

Wood Boring BeetleWe were privileged enough to undertake a building survey of a Grade II Listed building in Aldermaston. The property was built originally in the 1600’s with further extensions and additions added in the 1800’s and 1900’s. The original property comprised of a timber frame structure with facing brick work in fill panels, the later additions were formed in solid masonry construction.

The property had undergone extensive refurbishment during the 1800’s and the mid 1900’s and additional upgrading and repairs and addition of services had been undertaken more recently.

Many of the more recent repairs had not been undertaken in sympathy with the original construction. Most significantly many repairs had been undertaken using a cement mortar, where lime mortar would have been originally used.

The internal faces of the timber frame walls were lined with wattle and daub and we found evidence of fresh wood boring beetle damage to the wattles and staves where the wall had been exposed to prolonged high levels of damp. Gypsum plasters had been used internally, originally a lime plaster would have been used and evidence of which was visible where gypsum plaster was coming away from the wall. Modern gypsum plasters are less impervious than lime and earth plasters and gypsum is hygroscopic, meaning that it absorbs water from the air.

We also found damage to lintels buried within the wall which were also affected by damp and excessive vegetation to walls, some of which was growing through the walls. The walls had been rendered with a cement render, which was preventing evaporation from the wall and water was accumulating in the walls and allowing the structure to become saturated. The cement repointing was also having a similar affect and affecting the exposed timber within the wall.

Unfortunately these defects are extremely common with Listed Buildings where contractors and specifier’s who do not understand the performance of traditional buildings have undertaken repairs in good faith but have caused more extensive damage to the structure as a result.

Often such repairs can be more expensive to remediate as materials such as strong cement mortars can damage brick work when removed, leading to further work and repair.

If you have a Listed property, or you’re thinking about purchasing a Listed building, and would like some advice regarding appropriate remediation and repairs, please contact us on 01635 579208 or complete the form with any queries.

Asbestos Concerns

One common item we often raise in our building surveys and homebuyer reports is the potential for asbestos to be present in textured, decorative coatings, such as Artex to ceilings and wall surfaces internally.

Following guidance by the Health & Safety Executive (HSE) http://www.hse.gov.uk/asbestos/ and the Asbestos regulations, we have an obligation to make mention of potentially asbestos containing materials.

Asbestos encapsulated in textured, decorative coatings is often only in very small amounts and provides no risk, unless it is disturbed and the fibres become airborne.  Textured, decorative coatings installed after the year 2000 are unlikely to contain any asbestos, as the use of asbestos was prohibited after this date.

RMA Surveyors Ltd are not asbestos surveyors; however, we are trained to identify potential asbestos containing materials. We have also worked alongside licenced asbestos testing and removals contractors to identify the presence of asbestos and arrange for its safe removal.

It should be noted that just because asbestos is present in a material, does not mean that the material is inherently unsafe but it should be left undisturbed, to avoid the asbestos fibres becoming airborne, at which point they do become hazardous. Professional advice should be sought.

For information and advice regarding asbestos in textured, decorative finishes, further reading is available on the HSE website.

If you have any asbestos related queries that you would like to discuss with RMA Surveyors Ltd, please contact us on 01635 579208 or by completing our ‘Contact Us Today’ form.