Why Employing a Qualified Building Surveyor is Essential for Specific Defects Reports and Expert Witness Reports

Spray foam insulation installed to the underside of a pitched roof.

When property issues arise, such as defects or disputes over workmanship, employing a qualified building surveyor to undertake a specific defects report or an expert witness report can be a game-changer. Not only does it bring credibility and authority to a client’s case, but it can also prevent costly delays and disputes, saving both time and money.

At RMA Surveyors, we have seen first-hand the benefits that a professionally prepared report can bring to our clients. Our recent instructions to assess defective workmanship in a domestic extension and investigate a leaking conservatory roof demonstrate how expert insight can quickly resolve disputes in favour of our clients, often without the need for prolonged legal battles.

The Importance of Professional Expertise

Qualified Chartered Building Surveyors are governed by the Royal Institution of Chartered Surveyors (RICS), the leading body in the property and construction industry. This governing authority ensures that surveyors follow strict protocols, including established standards and ethical guidelines. A building surveyor’s report carries significant weight in legal and property-related matters because of their training, experience, and adherence to RICS protocols.

A report prepared by a RICS-qualified surveyor cannot be easily dismissed. To challenge it, an opposing party would need to present an equally qualified or more experienced surveyor, whose report would need to be of a comparable or higher standard. This high threshold makes it less likely that unqualified or inexperienced individuals can successfully dispute a professional report, significantly strengthening the client’s case.

How Expert Reports Prevent Arguments and Save Time

A defective lead flat roof.

In property disputes, a lack of clarity can often lead to drawn-out arguments, escalating costs, and wasted time. A well-prepared specific defects report can cut through the confusion and provide a clear, authoritative assessment of the issues at hand. Whether it’s defective workmanship, material failures, or general construction defects, the detailed analysis presented by a chartered surveyor can often prevent disagreements from spiralling into protracted legal battles.

A professional surveyor’s report will outline the problem, the potential cause, and the remedial actions required, offering a pathway towards resolution. In many cases, this report will lead to a swift settlement, as the detailed evidence provided makes it difficult for the other party to continue to dispute the claim without substantial evidence of their own.

For example, RMA Surveyors was recently instructed to investigate a leaking conservatory roof for a client facing ongoing water ingress issues. After a thorough inspection, we provided a comprehensive report that identified the defects in the roofing materials and the workmanship involved in the original construction. Armed with our report, the client was able to swiftly reach a settlement with the contractor, who could not dispute the clear evidence provided by an RICS-accredited professional.

In another recent instruction, we were asked to assess defective workmanship in a domestic extension, where issues such as poor brickwork and inadequate waterproofing were causing significant problems for the homeowner. Our report highlighted the specific failings in both the design and construction processes, giving the client a robust foundation to negotiate a settlement. The contractor in this case quickly agreed to rectification works, avoiding a potentially lengthy and costly court case.

Why Choose RMA Surveyors?

An aeriel view of a flat roof

RMA Surveyors is a team of fully qualified Chartered Building Surveyors with extensive experience in both specific defects reports and expert witness services. We are proud to provide clients with the highest standard of service, underpinned by our strict adherence to RICS standards.

Our expert reports bring the authority needed to support your case, whether it’s for a construction defect, poor workmanship, or any property-related dispute. Employing a professional surveyor not only gives you peace of mind but also places you in the best possible position to resolve your issues quickly and cost-effectively.

When disputes do arise, the professional standing of a chartered surveyor’s report can prevent unnecessary arguments, keeping the focus on solving the problem at hand rather than getting bogged down in drawn-out legal conflicts.

Key Benefits of a Chartered Building Surveyor’s Report:

  • Credibility and Authority: A professionally prepared report carries significant weight in any legal or dispute resolution process, making it harder for others to contest.
  • Adherence to RICS Protocols: Surveyors must comply with RICS protocols, ensuring accuracy, reliability, and professionalism.
  • Prevents Arguments: A well-prepared defects or expert witness report can clarify issues, preventing disagreements from escalating into legal disputes.
  • Saves Time and Money: By offering a clear, professional opinion, disputes can often be resolved more quickly, avoiding lengthy and costly court proceedings.
  • Legal and Industry Respect: In most cases, the only way to rebut a surveyor’s report is through a similar report from an equally or more qualified professional, setting a high bar for any opposition.

Conclusion

Instructing a qualified Chartered Building Surveyor to undertake a specific defects report or expert witness report is an investment in both the short and long-term outcomes of any property-related dispute. Not only does it lend weight and credibility to your case, but it also helps prevent arguments, save time, and significantly reduce the potential for costly legal proceedings. At RMA Surveyors, we are committed to providing our clients with the highest standards of professional service, helping you achieve swift and fair resolutions to your property issues.

To discuss how we can assist with your property-related needs, contact RMA Surveyors today. Let our professional expertise work to your advantage.

Protect Your Finances: Dilapidations Surveyors Defend Tenants

A roof light on a commercial building that is warped.

If you’re a tenant nearing the end of your commercial lease, you may find yourself facing a schedule of dilapidations—a document detailing the repairs your landlord expects you to undertake to restore the property to its pre-lease condition. This can be daunting, particularly if the claim is overinflated or covers repairs that are beyond what you’re actually responsible for. Employing a dilapidations surveyor can be a valuable step to protect yourself from unnecessary costs and ensure your repair liability is fair.

How a Schedule of Condition Can Help Reduce Your Repair Liability

One of the most effective ways to limit your liability for dilapidations is to have a Schedule of Condition in place at the beginning of your lease. This document records the exact state of the property when you first take it on, including detailed descriptions and photographs of any existing damage or wear.

  • Why is this important? Without a Schedule of Condition, the landlord could claim for repairs that address wear and tear or damage that existed before you even moved in. A well-prepared Schedule of Condition, attached to the lease and referenced in the repair covenants, serves as evidence to limit your obligations to maintaining the property only in the state it was when you began your tenancy—rather than restoring it to an idealised condition.
  • A well-worded repair covenant that cites the Schedule of Condition is crucial. This ensures that your repair obligations are limited to what’s fair and reasonable, based on the property’s original condition. The lease should explicitly tie your responsibilities to the agreed Schedule of Condition, protecting you from claims that you restore or upgrade aspects of the property that were already in a poor state.

At RMA Surveyors, we regularly undertake Schedules of Condition for incoming tenants, providing a comprehensive benchmark of the property’s condition at the start of the lease. Our detailed reports, complete with photographs and descriptions, ensure that tenants have a clear record of the property’s state, helping to limit repair liabilities and protect against future dilapidation claims. This valuable document is a crucial tool for tenants looking to safeguard their interests throughout the lease term.

Why You Should Commission a Schedule of Condition at the Start of Your Lease

A Schedule of Condition is not just useful for avoiding dilapidations disputes at the end of your lease—it can provide peace of mind throughout your tenancy. Knowing exactly what condition the property was in when you moved in helps you manage repairs and maintenance more effectively during your lease, while ensuring you’re not held responsible for pre-existing damage.

Without a Schedule of Condition, you could find yourself in a position where the landlord holds you responsible for restoring the property to a condition it was never in to begin with, resulting in unnecessary costs. Commissioning this document at the start of your lease is a small investment that can save you thousands at the end.

If you’re a tenant facing a Schedule of Dilapidations, or just beginning a lease and thinking ahead, employing a dilapidations surveyor can provide you with expert guidance, limit your repair liabilities, and ensure that any claims made against you are fair and proportionate. By having a Schedule of Condition in place and negotiating repair obligations with the help of a professional, you can significantly reduce the potential costs and stresses associated with dilapidations at the end of your lease.

Understanding Overinflated Schedules of Dilapidations

Landlords often prepare Schedules of Dilapidations that are more expansive than what is reasonable, aiming to recover more than what is actually necessary to restore the property. It’s not uncommon for these schedules to include:

  • Unnecessary repairs or upgrades that go beyond basic maintenance.
  • Betterment, where the landlord expects the property to be returned in a better condition than it was at the start of the lease.
  • Over-inflated costs for repairs, often based on estimates from the landlord’s surveyor that may not reflect fair market rates.

The Benefits of Having a Dilapidations Surveyor on Your Side

Hiring an experienced dilapidations surveyor to negotiate on your behalf can significantly reduce the overall claim. Here’s how:

  1. Accurate Assessment: A surveyor will carefully review the Schedule of Dilapidations and compare it with the terms of your lease and the Schedule of Condition. They’ll assess whether the repairs claimed are reasonable, or if the landlord is seeking more than they are entitled to under the lease.
  2. Challenging Overinflated Claims: With expert knowledge, a dilapidations surveyor can push back against excessive or unwarranted claims, particularly those related to “betterment.” Their role is to ensure you only pay for repairs that are necessary to return the property to the condition it was in at the start of your lease—nothing more.
  3. Cost Reduction: Dilapidations surveyors have extensive experience in negotiating fair settlement costs. They understand market rates for repairs and can counter any inflated quotes presented by the landlord. In many cases, their expertise leads to substantial reductions in the final amount payable.
  4. Negotiating a Settlement: Rather than going through the stress and expense of completing all the repairs yourself, your surveyor may be able to negotiate a financial settlement where you pay an agreed amount to the landlord in lieu of carrying out the works. This can often result in cost savings and reduce the time pressure on you as a tenant.
  5. Avoiding Legal Disputes: A surveyor’s involvement early on can help avoid the need for costly and time-consuming legal disputes. They’ll ensure that negotiations are fair and that your interests are well-represented, potentially avoiding the need for litigation altogether.

At RMA Surveyors, our experienced team is here to help you navigate dilapidations and protect your interests, ensuring that you don’t pay more than you should. Contact us today for professional advice and support with your property needs.

Successful Party Wall Surveyor Instruction in Stoke Newington

The rear elevation of terraced houses in London focusing on the party wall line.

At RMA Surveyors, we pride ourselves on offering professional, reliable, and expert Party Wall surveying services throughout London and the South East. One of our recent projects in Stoke Newington, London, highlights our commitment to ensuring smooth construction works while safeguarding the interests of all parties involved.

The instruction came from a property owner planning extensive refurbishments to their terraced building in Stoke Newington. The proposed works included the complete removal of internal walls and floors, installation of a new basement level, and the creation of a room in the roof. Given the significant structural changes, it was essential to adhere to the Party Wall etc. Act 1996 to protect both the building owner and the adjoining owners on either side.

Party Wall Matters: A Complex Instruction

The rear elevation of terraced houses in London focusing on the party wall line, with some new construction in the foreground.

Due to the nature and scale of the refurbishments, which involved significant structural alterations and excavations, the adjoining owners were understandably concerned about potential risks. One adjoining owner’s surveyor, in particular, raised concerns regarding the possibility of damage to their property. They insisted on a security for expenses, citing the potential risks to their property posed by the extensive works.

Security for expenses is a provision under the Party Wall Act, enabling an adjoining owner to request that funds are set aside to cover potential repair costs if any damage occurs as a result of the construction works. RMA Surveyors, acting on behalf of the building owner, approached these concerns with professionalism and diligence. Our primary objective was to safeguard our appointing owner’s project while ensuring the rightful concerns of the adjoining owners were addressed to avoid disputes.

Negotiating the Party Wall Awards

At RMA Surveyors, we understand that clear communication is key when it comes to Party Wall matters. Our team worked closely with the surveyors acting for the adjoining owners and the parties themselves. Through careful negotiation and expert advice, we were able to agree on fair and reasonable terms for the Party Wall awards.

The security for expenses requested by the adjoining owner’s surveyor was negotiated and set in place. This provided reassurance to the adjoining owners that any risks were being properly mitigated. At the same time, we ensured that the terms of the award did not impose unnecessary delays or costs to our client’s project.

Schedules of Condition and Monitoring

As part of our role, RMA Surveyors also undertook comprehensive Schedules of Condition for the adjoining properties. This is an essential step in any Party Wall project, providing a clear record of the state of the adjoining buildings before the commencement of works. Should any issues arise, this document provides crucial evidence of any pre-existing conditions versus potential new damage caused by the works.

We also maintained ongoing communication with all parties throughout the project to ensure that the works complied with the terms of the Party Wall award and that any concerns were swiftly addressed.

A Successful Outcome

The front elevation of terraced houses in London focusing on the party wall line.

The extensive refurbishment, including the basement excavation and roof extension, was completed successfully, in accordance with the Party Wall awards, without any damage occurring to the adjoining properties. The project demonstrated the importance of early and effective engagement with Party Wall surveyors when planning major construction works, particularly in densely populated areas like Stoke Newington.

At RMA Surveyors, we are proud to have facilitated the smooth progress of this project, ensuring that all parties involved were protected and that the works were completed without incident.

Expert Party Wall Services Across London and the South East

RMA Surveyors offers specialist Party Wall surveying services across London and the South East. Whether you’re a building owner planning major works or an adjoining owner concerned about potential impacts on your property, our experienced team is on hand to guide you through the Party Wall process and ensure a fair and balanced outcome for all parties.

If you’re planning a project or need expert Party Wall advice, don’t hesitate to contact RMA Surveyors today. We’re here to help.

RMA Surveyors Ltd head for new horizons

Sunrise at Stonehenge

RMA Surveyors Ltd are pleased to announce that, with immediate effect, they will no longer be provided residential building surveys and RICS Homebuyer reports. Richard Mountain, Director, said:

“Our focus in recent months has moved away from the residential pre-purchase sector to focus more on our core expertise of dilapidations surveyor services, party wall surveyor services, project management and contract administration.”

“We have recently found our resources better devoted to our key sectors. Insurance reinstatement projects have really advanced, increasing capacity in this area has drawn our focus onto where our key strengths lie. The market potential is generally positive away from the residential market.”

Richard added, “The key focus for RMA is to streamline their services, ensuring strong potential in a more specialised market. “

Building Work to a Party Wall

Are you Planning Building Work to a Party Wall?

Are you planning building work to a party wall or structure that you share with your neighbour? Is your neighbour undertaking building work that will affect your property?

Building Work to a Party Wall Can Be a Matter For the Courts

If you are planning building work or your neighbour is proposing work that affects a party wall or party structure then there is a legal requirement to meet the provisions of the Party Wall etc. Act 1996.  If your property is in England or Wales, this legislation must be followed. The law does not apply in Scotland or Northern Ireland.

What Is a Party Wall?

A Party Wall can be defined many ways. Principally it is a wall that sits across the boundary between two or more properties, such as the dividing wall between adjoining houses. It could also be the dividing floor between flats.

The Act also protects structures that stands completely on one owner’s land. Sometimes this can be astride the line of junction and can be used by both owners. i.e. Where one owner has built a wall and the adjoining owner has built up against it enclosing the structure. In that particular example only part of that wall might be considered a ‘party wall’.

Properties that are completely independent of one another can also be subject to the Act. If a building owner is planning to undertake excavations up to 6 metres from an adjoining owners structure there may also be a requirement to adhere to the Act.

A ‘party fence wall’ is a wall that does not form part of a building and stands on land belonging to different owners. This could be a garden wall, but does not include a timber fence.

There are many instances where the Party Wall Act may or may not be relevant. For this reason we always recommend it is assessed by a professional to assist, who both knows the workings of the Act and has technical construction expertise.

Does the Party Wall Act Apply To Me?

Providing the structure or structures in question meets the definitions within the Party Wall Act there is ikely to be a requirement that works need to be agreed with the adjoining owner. Simple works, such as installing shelves, replacing electrical sockets or wiring, does not require an agreement. But you should only do certain building work to a party wall or party structure once the adjoining owner or owners have been formally notified in writing and agreed the works in advance of works proceeding. Examples of notifiable party wall work might include ork includes:

  • Cutting into a wall to take the weight of a beam or insert a flashing.
  • Inserting a damp proof course.
  • Demolition, reconstruction or underpinning a party wall.

If you’re planning to undertake excavations there are some comprehensive requirements defined within the Party Wall Act, that need to be properly understood to determine whether the Act applies.

When Does Party Wall Notice Need To Be Served?

If you are planning to undertake building work to a Party Wall then we suggest you inform your neighbour in good time. This is the most critical step and can often prevent unnecessary and costly dispute later on. The purpose of the Act is to avoid disputes arising by making sure owners are aware and agree the Party Wall works.

Where applicable you must notify your neighbour in writing before building work to a party wall begins. There is a minimum period for this notice to be served before building works affecting the party wall or structure can commence. If there is more than one person with an interest in the property (i.e. Leaseholders and Freeholders. Again these are clearly defined in the Act) you must notify all of them. If there are multiple properties affected they must all be notified.

The Act is specific about the requirements of issuing notice/s. It is very important that valid notice or notices are served. If notices are not valid they will need to be served again correctly and this will reset the minimum period.

What Happens If An Adjoining Owner Does Not Agree to Party Wall Works?

If an adjoining owner does not agree to works then a dispute is deemed to have arisen. Parties in dispute are not able to act as a surveyor for themselves . They need to appoint someone who can act independently. Owners may agree to appoint a single ‘agreed surveyor’, or they can each appoint their own surveyor to act upon their behalves. The expert or experts will agree the parameters of how the works should be carried out and will serve a ‘party wall award’ which will stipulate how works affecting the party structure will be completed.

The award usually contains a schedule of condition of the affected elements of the adjoining owner’s property before work begin. This provides an accurate record of the condition of the building prior to works so damage (if any) can be properly defined after works have been completed.

RMA Surveyors are Chartered Building Surveyors, Members of the Royal Institute of Chartered Surveyors. We are experts in party wall matters. If you need advice in relation to the Party Wall Act contact us for clear and reliable advise.

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.

Commercial Building Survey

Steel clad roofRMA Surveyors Ltd recently undertook a commercial building survey of an office unit located in Kingsclere Business Park, nr Newbury.

Part of our remit was to inspect the roof, which was a low pitched profile, steel clad roof that could not be easily accessed from ground level. We organised for a lift access platform to be hired and meet us out on site to undertake this part of the inspection.

We advised the client in advance that this would be necessary and it would be worthwhile investigating the condition of the roof covering given that it was likely to be original to the property, which was constructed in the 1980s.

We discovered that the protective paint to the roof covering was rusting in places and that one of the internal gutters was blocked. Both of these items could be potentially costly to rectify, involving the requirement for scaffolding to be employed to safely access these elements.

There was no way to determine this prior to our inspection and our client would have been in a strong position to renegotiate the terms of sale taking into account the defects noted.

If you have a commercial property that you are considering purchasing or leasing, please contact us for advice and a free, no obligation quote.