Does the Party Wall etc. Act 1996 affect my building work?

March 28, 2018 By

Party Wall etc. Act 1996“Does the Party Wall etc. Act 1996 affect my building work?” is a question that RMA Surveyors in Newbury, Berkshire have often been asked.

If you have plans to carry out the following type of work on your property then you should seek professional advice regarding the Party Wall Act:

– Work on an existing wall, ceiling or floor structure shared with another property,

– Building on or at the boundary with another property,

– Excavating near a neighbouring building or structure.

By seeking advice from a party wall professional, you can determine whether your proposed building work falls within the scope of the Party Wall etc. Act 1996, enabling you to respond accordingly and within the Law.

RMA Surveyors are expert Party Wall and Chartered surveyors, members of the Royal Institution of Chartered Surveyors. With such accreditation, you can rest assured that RMA Surveyors will provide you with the quality advice and service that is required.

Contact RMA Surveyors for advice or help with the Party Wall process on 01635 579208 or email enquiries@rmasurveyors.co.uk.

Testimonial, February 2018:

“We appointed Richard Mountain of RMA Surveyors to act on our behalf, as our neighbours had commenced work excavating right next to our house, without serving a party wall agreement.  Richard’s knowledge and expertise helped resolve the issue and allowed our neighbours build to continue whilst protecting our property, which was our biggest concern.  Unfortunately our neighbours chose to ignore the first award and we had to engage Richard again to go through another award.  He worked extremely well to support us and offered a voice of reason to ourselves, our neighbours and the barrister we had to engage.

Richard gave us the confidence that we needed throughout the entire process.  His is extremely thorough and practical, his communication was very proactive and he dealt with sensitive issues in a professional and timely manner, often coming out at short notice.

I would fully recommend Richard for any party wall agreement.”

Filed Under: Building Surveying, Construction, Newbury, Party Wall, Party Wall Awards, Residential, RICS, RMA Surveyors, West Berkshire Tagged With: , , , , , , ,

What Are Dilapidations? A Guide for Landlords and Tenants

March 27, 2014 By
An aerial view of a warehouse subject to dilapidations surveying by RMA Surveyors.

Dilapidations refer to breaches of a tenant’s obligation to maintain or repair a property under the terms of a lease agreement. These typically arise at the end of a lease when landlords seek to recover the costs of restoring the property to its original state. Understanding dilapidations is crucial for both landlords and tenants to avoid disputes and minimize financial liabilities.

What Are Dilapidations?

Dilapidations are most often associated with commercial leases and relate to a tenant’s failure to comply with the repair, decoration, or reinstatement clauses of their lease. Common examples include damage to walls, floors, or ceilings, failure to redecorate as agreed in the lease, and removal of tenant-installed fixtures or fittings without reinstatement. Dilapidations are resolved through a Schedule of Dilapidations, which details the breaches and associated costs. This schedule can often lead to disputes between landlords and tenants, making professional advice essential. Contact RMA Surveyors for expert guidance on dilapidations claims.

Why Are Dilapidations Important?

For landlords, dilapidations ensure the property is returned in its agreed condition, preserving its value and minimizing repair costs. For tenants, understanding their obligations can help reduce unfair claims and avoid unnecessary expenses. Learn more about our Dilapidations Surveying Services.

The Dilapidations Process Explained

  1. Schedule of Condition: At the start of the lease, a Schedule of Condition documents the property’s state to avoid disputes about pre-existing damage. 2. Interim Schedule of Dilapidations: Issued during the lease to address ongoing maintenance obligations. 3. Terminal Schedule of Dilapidations: Created at the end of the lease to identify breaches and calculate costs. Each step ensures both parties have a clear understanding of their responsibilities.

Common Issues in Dilapidations Claims

Some of the most frequent disputes in dilapidations claims involve structural damage, where tenants may argue the damage is beyond their responsibility under the lease terms, wear and tear, where tenants are not typically liable for fair wear and tear, but landlords may claim otherwise, and reinstatement obligations, which occurs when tenants fail to remove alterations made during the lease. Professional guidance can help resolve these disputes fairly. Explore our Lease-End Inspections.

How RMA Surveyors Can Help

At RMA Surveyors, we specialize in providing impartial advice and professional support for both landlords and tenants. Our services include Schedule of Condition Reports to document the property’s condition at the start of a lease, Dilapidations Surveys for detailed assessments of lease breaches and repair costs, and Dispute Resolution to negotiate fair outcomes for both parties. Schedule a Dilapidations Survey with our experienced team today.

Frequently Asked Questions

What Happens if Dilapidations Are Unresolved?

If dilapidations are unresolved, landlords may escalate the claim through legal action or deduct costs from the tenant’s deposit. This can lead to prolonged disputes and additional expenses for both parties.

Can Tenants Challenge Dilapidations Claims?

Yes, tenants can dispute claims they believe are excessive or unrelated to their lease obligations. Professional support from a surveyor can provide evidence and guidance to negotiate fair terms.

How Can a Schedule of Condition Protect Me?

A Schedule of Condition protects both tenants and landlords by providing an agreed-upon record of the property’s condition at the start of the lease. This minimizes disagreements over pre-existing damage.

Whether you’re a landlord looking to protect your investment or a tenant seeking fair negotiations, RMA Surveyors can help. Contact us today for expert advice and tailored solutions for your dilapidations concerns.

Filed Under: building survey, Building Surveying, Defects, RICS, West Berkshire Tagged With: , , , , , , , ,

Japanese Knotweed: Protecting Your Property from Invasive Damage

July 3, 2012 By
Japanese knotweed at the rear of a property

Japanese knotweed is one of the UK’s most invasive plant species, capable of causing severe structural damage to buildings and devaluing properties. If left unchecked, it can spread rapidly, leading to costly repairs and legal disputes. At RMA Surveyors, we provide professional surveys and expert advice to help property owners identify, assess, and manage knotweed effectively.

What Is Japanese Knotweed?

Japanese knotweed is a highly invasive plant species that can grow through concrete, tarmac, and building foundations. Its rapid growth and resilience make it a serious threat to properties, often requiring professional assessment and remediation.

Learn more about knotweed and property management.

Why Is Japanese Knotweed a Problem?

Unchecked knotweed can lead to:

Close up of Japanese knotweed
  • Structural damage to walls, floors, and foundations.
  • Reduced property value due to legal and financial implications.
  • Difficulty obtaining mortgages or selling affected properties.

Our comprehensive surveys help identify knotweed early and offer practical solutions for remediation.

How RMA Surveyors Can Help

We provide:

  1. Knotweed Identification Surveys: Accurate assessment of the presence and extent of knotweed on your property.
  2. Damage Assessment Reports: Detailed evaluations of structural damage caused by knotweed.
  3. Remediation Advice: Recommendations for safe and effective knotweed removal or control.

Contact us today to schedule your knotweed survey.

The Legal Implications of Knotweed

Under the Wildlife and Countryside Act 1981, it’s illegal to plant or cause Japanese knotweed to grow in the wild. Additionally, property owners have a duty of care to prevent knotweed from spreading to neighboring properties. Failure to manage knotweed can result in legal action and compensation claims.

Read more about knotweed regulations in the UK.

Frequently Asked Questions

Can Japanese Knotweed Be Removed Permanently?

Yes, but it requires professional intervention. Knotweed removal often involves chemical treatments or excavation.

How Can I Tell If My Property Has Knotweed?

Look for its distinctive heart-shaped leaves and bamboo-like stems. If you’re unsure, our surveys can provide a definitive identification.

Is Knotweed Covered by Insurance?

Standard property insurance policies often exclude coverage for knotweed damage, making early identification and control crucial.

Don’t let Japanese knotweed threaten your property. Contact RMA Surveyors today for expert knotweed surveys and advice. Protect your investment with professional guidance.

Filed Under: Building pathology, building survey, Building Surveying, Defects, Insurance reinstatement, Newbury, Party Wall Tagged With: , , , , , , , , , , , , , , , ,

Expert Insurance Claims Support for Property Owners

November 15, 2011 By
Cracked wall caused by impact damage. RMA Surveyors often deal with reinstatement of such damage.

At RMA Surveyors, we understand how overwhelming property insurance claims can be. Whether you’re dealing with fire, flood, or storm damage, we are here to guide you through every stage of the process. From initial damage assessments to reinstatement, we ensure that your claim is handled efficiently, and you receive the settlement you deserve.

What We Offer in Insurance Claims Support

We specialize in managing the complexities of insurance claims, helping property owners secure fair settlements and overseeing all necessary repairs. Our team handles everything from evaluating the damage and liaising with insurers to ensuring your property is restored to its original condition.

If you’re unsure about your next steps or need guidance, we’re here to help. Contact us today.

For general advice on insurance claims, visit the Association of British Insurers (ABI).

Why Choose Us?

Our expertise lies in making the claims process as smooth and stress-free as possible. With years of experience in property surveying and insurance claims reinstatement, we provide:

  • Accurate assessments of property damage to support your claim.
  • Clear, detailed reports that meet insurer requirements.
  • Expert professional expertise to specify, tender and administrate the building contract.
  • Oversight of repairs to ensure quality and compliance.

Find out more about our insurance reinstatement services.

Common Scenarios We Handle

We’ve successfully helped property owners recover from:

  • Fire Damage: Restoring properties affected by fire and smoke damage.
  • Flood Damage: Addressing water ingress and structural issues caused by flooding.
  • Storm Damage: Repairing roofs, windows, and other external elements damaged by severe weather.
  • Accidental Damage: Managing unexpected repairs caused by incidents such as vehicle collisions with buildings.
  • Criminal Damage: Refurbishments after properties have been abused by criminal enterprises.
  • Impact Damage: Repairs to properties after impact from vehicles.

No matter the scenario, our focus is on ensuring your property is restored quickly and efficiently.

For advice on insurance disputes, visit the Financial Ombudsman Service.

The Benefits of Working with RMA Surveyors

Choosing RMA Surveyors means gaining a trusted partner for your insurance claim. We ensure:

  • Precise Reporting: Our reports are detailed and reliable, forming a strong foundation for your claim.
  • Efficient Claim Management: We liaise directly with insurers to avoid delays.
  • Quality Assurance: Repairs are overseen to ensure they meet the highest standards.

Let us handle the complexities so you can focus on getting back to normal. Get in touch to discuss your insurance claim today.

Filed Under: Building Surveying, Insurance reinstatement Tagged With: , , , , , , , , , , , , , , , , , , , , , , , , , , ,