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Journal of Building Survey, Appraisal & Valuation
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   Full-text available via subscription Subscription journal
     ISSN (Print) 2046-9594 - ISSN (Online) 2046-9608
     Published by Henry Stewart Publications Homepage  [18 journals]
  • The chronicles of a Mayfair surveyor: Episode VIII
    • Abstract: The chronicles of a Mayfair surveyor: Episode VIII
      Content Type Journal Article
      Category Diary
      Pages 360-365

      Authors
      Kent Lawson
      Journal Journal of Building Survey, Appraisal & Valuation
      Online ISSN 2046-9608
      Print ISSN 2046-9594
      Journal Volume Volume 2
      Journal Issue Volume 2, Number 4 / Winter 2014
      PubDate: Tue, 18 Feb 2014 20:00:44 GMT
       
  • An overview of damp remediation measures practised by building occupants
           in Ghana
    • Abstract: A structured questionnaire survey was conducted on building occupants of 5,100 residential buildings affected by dampness in 11 major towns in four climatic zones in Ghana to identify the level of practice of some damp remediation measures. On-site building observations and face-to-face interviews with inhabitants were also carried out by trained assessors to document these measures through photographs. The findings showed that the use of damp proof courses and membranes, construction of aprons at the base of walls, patching of wall bases and tiling of wall bases are damp remediation measures frequently practised by building occupants in Ghana. With the exception of damp proof courses and membranes, the effectiveness of these methods has not yet been proved and they are not permanent solutions to address the problem of dampness. As a result, there is still an urgent need for concerted efforts to find effective remediation measures to address the problem of dampness.
      Content Type Journal Article
      Category Research papers
      Pages 347-359

      Authors
      Kofi Agyekum
      Joshua Ayarkwa
      Christian Koranteng
      Emmanuel Adinyira
      Journal Journal of Building Survey, Appraisal & Valuation
      Online ISSN 2046-9608
      Print ISSN 2046-9594
      Journal Volume Volume 2
      Journal Issue Volume 2, Number 4 / Winter 2014
      PubDate: Tue, 18 Feb 2014 20:00:44 GMT
       
  • Bats and property development
    • Abstract: Bats and property development
      Content Type Journal Article
      Category Editorial
      Pages 284-286

      Authors
      Simon McLean
      Journal Journal of Building Survey, Appraisal & Valuation
      Online ISSN 2046-9608
      Print ISSN 2046-9594
      Journal Volume Volume 2
      Journal Issue Volume 2, Number 4 / Winter 2014
      PubDate: Tue, 18 Feb 2014 20:00:43 GMT
       
  • Fire safety in commercial premises
    • Abstract: This paper provides a short review of the history of fire safety regulation in commercial premises and looks at the development of the current regime under the Regulatory Reform (Fire Safety) Order 2005. What has the approach to enforcement been and how can professionals support compliance by their clients?
      Content Type Journal Article
      Category Legal review
      Pages 327-331

      Authors
      Anna Lundy
      David Young
      Amy Coombes
      Journal Journal of Building Survey, Appraisal & Valuation
      Online ISSN 2046-9608
      Print ISSN 2046-9594
      Journal Volume Volume 2
      Journal Issue Volume 2, Number 4 / Winter 2014
      PubDate: Tue, 18 Feb 2014 20:00:43 GMT
       
  • Fire suppression in historic buildings
    • Abstract: An account of the controversial history of fire suppression as a conservation measure in historic buildings and the increasing acceptance of its benefits in promoting life safety and reducing the damage done by fires to historic building fabric and by conventional firefighting efforts. The article also describes how sprinklers do and do not operate and some situations in which they have been deployed.
      Content Type Journal Article
      Category Comment
      Pages 287-296

      Authors
      David Gibbon
      Journal Journal of Building Survey, Appraisal & Valuation
      Online ISSN 2046-9608
      Print ISSN 2046-9594
      Journal Volume Volume 2
      Journal Issue Volume 2, Number 4 / Winter 2014
      PubDate: Tue, 18 Feb 2014 20:00:43 GMT
       
  • The implications of ‘notifiable non-licensed work with
           asbestos’: Practical difficulties for surveyors
    • Abstract: This paper describes the practical difficulties that asbestos-containing materials can present for surveyors when considering the refurbishment, alteration and, ultimately, the valuation of a building. Health and Safety Executive guidance in respect of the different types of asbestos survey is discussed as well as the competency standards that must be attained by those responsible for undertaking these types of survey. The paper also explains the significance of recent legislation introduced to comply with the European Commission Asbestos Worker Protection Directive; in particular, the additional classification ‘notifiable non-licensed work’. The Control of Asbestos Regulations 2012 identifies three distinct categories of work with asbestos — licensed work, non-licensed work and notifiable non-licensed work. Each classification is defined, and an explanation provided as to the factors that must be considered in order to determine the applicable category of asbestos work. The author provides examples of work activities within each category and a Health and Safety Executive decision flow chart is presented as an aid to the decision-making process. Finally, the paper reviews a memorandum from the Asbestos Liaison Group relating to the partial relaxation of precautionary measures when soffits made of asbestos insulating board are removed.
      Content Type Journal Article
      Category Practice papers
      Pages 297-308

      Authors
      Steve Shutler
      Journal Journal of Building Survey, Appraisal & Valuation
      Online ISSN 2046-9608
      Print ISSN 2046-9594
      Journal Volume Volume 2
      Journal Issue Volume 2, Number 4 / Winter 2014
      PubDate: Tue, 18 Feb 2014 20:00:43 GMT
       
  • Housing disrepair: Is there a role for experts?
    • Abstract: Housing disrepair is viewed as a separate area of the law but it is in reality merely another forum for the subject of dilapidations. The law of Landlord and Tenant has always envisaged a liability on one of the parties to repair the premises. The extent of repair and the penalties for failing to repair vary as does the extent of work required. In common parlance, however, dilapidations appears to be limited to the commercial world and housing disrepair to a separate world of dwellings. The ‘Proposals for the Reform of Legal Aid in England and Wales: Legal Aid Remuneration — Experts’ Fees’, set out in April 2011, describe the aim of the modern legal aid scheme: ‘to provide equality of access, and the right to representation before the law … There is a compelling case for going back to first principles in reforming legal aid, to ensure access to public funding in those cases that really require it, the protection of the most vulnerable in our society and the efficient performance of our justice system.’
      Content Type Journal Article
      Category Practice papers
      Pages 309-314

      Authors
      Patrick Reddin
      Journal Journal of Building Survey, Appraisal & Valuation
      Online ISSN 2046-9608
      Print ISSN 2046-9594
      Journal Volume Volume 2
      Journal Issue Volume 2, Number 4 / Winter 2014
      PubDate: Tue, 18 Feb 2014 20:00:43 GMT
       
  • The importance of occupancy patterns on the analysis of heating energy
           relating to housing refurbishment
    • Abstract: Attempts to reduce household energy consumption for space heating are showing little progress. This paper explores the role of thermal mass in refurbishing an existing dwelling to reduce heating energy consumption. The investigation is based on three refurbishment strategies to achieve light, medium and heavy weight building structures in conjunction with a highly insulated and airtight structure (compatible with Code for Sustainable Homes Level 5). This was based on a typical Irish dwelling originally constructed using concrete hollow block, although the results could be extrapolated for the UK, which has a similar climate. HTB2 (a dynamic thermal energy calculation engine) was used to carry out thermal modelling of the refurbishment strategies in conjunction with more than 40 occupancy patterns. For average occupancy, the thermal mass had little impact on energy use; however, light weight fabric was slightly more efficient for lower or intermittent occupancy. The energy penalty of reheating dwellings left unoccupied and unheated for a full day was equivalent to 1.2–2 days’ heating energy. Increasing thermal mass reduces the likelihood of major overheating but does not mitigate it entirely. The remaining overheating hours, however, could be sufficiently addressed by increasing the ventilation to 1.5 Air Changes per Hour during overheating hours.
      Content Type Journal Article
      Category Research papers
      Pages 332-346

      Authors
      Vicki Stevenson
      Barry McNaboe
      Journal Journal of Building Survey, Appraisal & Valuation
      Online ISSN 2046-9608
      Print ISSN 2046-9594
      Journal Volume Volume 2
      Journal Issue Volume 2, Number 4 / Winter 2014
      PubDate: Tue, 18 Feb 2014 20:00:43 GMT
       
  • Energy surveys and audits: The need for best practice
    • Abstract: EU Directive 2011/0172 is about to become finalised in European law and mandates energy audits for organisations. As yet it is not clear how the UK government will implement this and over what timeline. The directive states that where energy audits are generally not offered commercially (such as small and medium-sized enterprises), Member States should develop programmes to encourage SMEs to undertake their own energy audits. Energy audits should be mandatory and regular for large enterprises, as energy savings can be significant. Audits should take into account relevant European or International Standards, such as ISO 50001:2011 (Energy Management Systems), or BS EN 16247-1:2012 (Energy Audits — Part 1: General requirements).BS EN 16247-1:2012 (Energy Audits — Part 1: General requirements), has just been published but has insufficient underpinning guidance to enable good quality audits to be specified. Andy Lewry has just published a signposting booklet,1 with the Energy Services and Technology Association, to provide underpinning guidance on how to achieve the requirements. Conducting an energy audit is essential in that it provides the data and information required for informed decision-making.
      Content Type Journal Article
      Category Practice papers
      Pages 315-319

      Authors
      Andy Lewry
      Journal Journal of Building Survey, Appraisal & Valuation
      Online ISSN 2046-9608
      Print ISSN 2046-9594
      Journal Volume Volume 2
      Journal Issue Volume 2, Number 4 / Winter 2014
      PubDate: Tue, 18 Feb 2014 20:00:43 GMT
       
  • Best practice business development and social media
    • Abstract: Social media seems to be on everyone's mind at the moment. This paper answers some common questions: is social media right for our business? Are we doing enough? Should we be doing this, or that? What is a blog? Do I need to be tweeting? Who cares what Sarah's had for breakfast and how strong Bob's morning coffee is? Which social media platforms could I be using and which social media platforms do I need to be using? Some firms, in fact there are hundreds that have sprung up over the last few years, are social media evangelists, preaching about blogging daily, tweeting every hour and claiming that all your work will come through social media. Not everyone believes this. What is true is that social media is an important and growing element of a best practice business development approach. This paper evaluates social media not as a substitute for best practice business development, but as part of the mix.
      Content Type Journal Article
      Category Practice papers
      Pages 320-326

      Authors
      Paul Matthews
      Journal Journal of Building Survey, Appraisal & Valuation
      Online ISSN 2046-9608
      Print ISSN 2046-9594
      Journal Volume Volume 2
      Journal Issue Volume 2, Number 4 / Winter 2014
      PubDate: Tue, 18 Feb 2014 20:00:43 GMT
       
  • The Chronicles of a Mayfair Surveyor: Episode VII
    • Abstract: The Chronicles of a Mayfair Surveyor: Episode VII
      Content Type Journal Article
      Category Diary
      Pages 274-279

      Authors
      Kent Lawson
      Journal Journal of Building Survey, Appraisal & Valuation
      Online ISSN 2046-9608
      Print ISSN 2046-9594
      Journal Volume Volume 2
      Journal Issue Volume 2, Number 3 / Autumn 2013
      PubDate: Fri, 15 Nov 2013 14:58:12 GMT
       
  • Roof spread diagnosis, remedial actions and practical considerations
    • Abstract: There are many different forms of defect that could be associated with traditional cut timber roofs. Among such defects, one of the most commonly encountered roof-related failures includes roof spread. The purpose of this paper is to assist not only with identification of the different causes of roof spread but also to offer tangible solutions in typical cases encountered with due consideration to cost, physical constraints and disruptions to the occupants and possibly adjoining premises.
      Content Type Journal Article
      Category Practice papers
      Pages 255-273

      Authors
      Peyman Ghasemi
      Journal Journal of Building Survey, Appraisal & Valuation
      Online ISSN 2046-9608
      Print ISSN 2046-9594
      Journal Volume Volume 2
      Journal Issue Volume 2, Number 3 / Autumn 2013
      PubDate: Fri, 15 Nov 2013 14:58:12 GMT
       
  • Dilapidations claims at lease end: Sunlife Europe Properties Limited and
           Tiger Aspect Holdings Limited and Tiger Television Limited [2013] EWHC 463
           (TCC)
    • Abstract: In the context of dilapidations, The Honourable Mr Justice Edwards-Stuart provides a clear and logical resume of how he dealt with the claim for damages at the end of a commercial lease in respect of this case. Dilapidations claims at lease end are dealt with by way of damages. Damages in the context of dilapidations are the method by which one party, usually the landlord, is compensated, for the failings of the tenant. Failings typically occur in several ways, including among others, a failure to leave the property in repair, a failure to decorate, a failure to comply with certain legal requirements, or a failure to remove any works of alteration the tenant has themselves undertaken. Typically, a claim for damages will involve multiple claims. In addition to this, the landlord may have suffered further losses, such as his costs to employ surveyors, solicitors or other specialists, loss of income in the form of rent or insurance, or other costs associated with the property being empty as a result of the tenant's failure to return the property as it should have been. In addition, if the landlord is unable to recover any VAT associated with the above costs, VAT may also be recoverable from the tenant.
      Content Type Journal Article
      Category Practice papers
      Pages 248-254

      Authors
      Chris Mahony
      Journal Journal of Building Survey, Appraisal & Valuation
      Online ISSN 2046-9608
      Print ISSN 2046-9594
      Journal Volume Volume 2
      Journal Issue Volume 2, Number 3 / Autumn 2013
      PubDate: Fri, 15 Nov 2013 14:58:11 GMT
       
  • Neighbourly matters: Is it time to underpin (and build on) the proven
           effectiveness of The Party Wall etc. Act 1996?
    • Abstract: Although it is generally highly effective, one of the main problems with The Party Wall etc Act 1996 (the ‘Act’) is that it has no jurisdiction over works that are not ‘notifiable’ under the Act. This can leave those living near developments involving non-notifiable elements (including some basement extensions and extensive strip-out works) with little redress against those causing sometimes horrendous disturbance. The ‘Subterranean Development Bill’ addressed some of the issues but is unlikely to reach the statute books, strengthening the case to revise the Act to encompass many of the Bill's proposals. But could notifiable works be expanded still further to encompass work generally likely to cause damage and/or noise, dust and vibration? Further, could the Act's framework be broadened (or similarly-modelled legislation be introduced) to provide new rights of access over third party land — including rights for crane oversailing and scaffold access — for general development work (subject to making fair payment according to a set fee scale)? Currently ransom payments in return for access over neighbouring land are not uncommon. Building on the Act's proven framework could address current shortcomings but there can be little doubt that proposals to reform, particular regarding third party access, would provoke interesting debate.
      Content Type Journal Article
      Category Practice papers
      Pages 239-247

      Authors
      James Audsley
      Journal Journal of Building Survey, Appraisal & Valuation
      Online ISSN 2046-9608
      Print ISSN 2046-9594
      Journal Volume Volume 2
      Journal Issue Volume 2, Number 3 / Autumn 2013
      PubDate: Fri, 15 Nov 2013 14:58:11 GMT
       
  • Kaye v Lawrence revisited: The Party Wall etc. Act 1996 and the revolution
           of 1894
    • Abstract: As the High Court itself anticipated, two-and-a-half years ago the judgment of Mr Justice Ramsey in Kaye v Lawrence [2010] EWHC 2678 (TCC) generated much interest among party wall surveyors, in particular the perceived extension of the availability of ‘security for expenses’ to an adjoining owner where a building owner is carrying out work entirely on his own land. The issue of security for expenses is to some extent merely the tip of the iceberg, being one logical outcome of a defining of the relationship of established common law rights with rights conferred by the Party Wall etc. Act 1996. The judgment is in fact a mine (some may say minefield) of long-awaited clarification on a number of matters that have sharply divided party wall surveyors for years. Mr Justice Ramsey's ruling gives clear guidance not only on the application of security for expenses but also rights of access onto an adjoining owner's land in order to carry out works on the building owner's land and the authority of surveyors to deal with insurance by the building owner and the design team. Uncertainty and differences of opinion between appointed surveyors on fundamental matters are unhelpful to parties caught up in the Act and can lead to significant unnecessary costs for the hapless building owner. Party wall surveyors of all persuasions would better serve the parties who appoint them and the intention of parliament by welcoming the clarity given by the few cases that reach the higher courts and then applying it with the practical even-handedness for which they are justly regarded by the judiciary.
      Content Type Journal Article
      Category Practice papers
      Pages 233-238

      Authors
      Mikael Rust
      Journal Journal of Building Survey, Appraisal & Valuation
      Online ISSN 2046-9608
      Print ISSN 2046-9594
      Journal Volume Volume 2
      Journal Issue Volume 2, Number 3 / Autumn 2013
      PubDate: Fri, 15 Nov 2013 14:58:11 GMT
       
  • The Party Wall etc. Act 1996: Who meets the cost of an injunction?
    • Abstract: This paper addresses recent case law regarding the commencement of notifiable works without following the procedures of the Party Wall etc. Act 1996. What are the implications for the building and adjoining owners in respect of legal costs and how should the appointed surveyors advise them?
      Content Type Journal Article
      Category Practice papers
      Pages 226-232

      Authors
      Alastair Gill
      Journal Journal of Building Survey, Appraisal & Valuation
      Online ISSN 2046-9608
      Print ISSN 2046-9594
      Journal Volume Volume 2
      Journal Issue Volume 2, Number 3 / Autumn 2013
      PubDate: Fri, 15 Nov 2013 14:58:10 GMT
       
  • Rights of light: Time for a change?
    • Abstract: The Law Commission's recent consultation paper on rights to light put forward a number of proposals aimed at managing the problems highlighted in Heaney including: the abolition of prescription (for new rights only); reform of the Shelfer test governing when damages are awarded in substitution for an injunction; and the introduction of a new Notice of Proposed Obstruction (NPO) procedure. Whereas it is anticipated prescription will remain ‘as is’, there is genuine hope that the Shelfer reforms will materialise — including the consideration of a claimant's unreasonable delay in bringing proceedings — balancing the parties’ negotiating power. The NPO's prescribed time limits for neighbours to seek an injunction should also serve to expedite negotiations. The proposals, if accepted and implemented, would go a good way to addressing the inherent uncertainty faced by developers in rights to light cases, while balancing and respecting adjacent owners’ interests. In the absence of any proposal to impose a cap on damages, however, settlements (which can be huge) on a profit-share basis may still be awarded. Could it be, however, that a neighbour electing not to seek an injunction will find their damages quantum reduced? Only time will tell.
      Content Type Journal Article
      Category Practice papers
      Pages 221-225

      Authors
      Ian McKenna
      Journal Journal of Building Survey, Appraisal & Valuation
      Online ISSN 2046-9608
      Print ISSN 2046-9594
      Journal Volume Volume 2
      Journal Issue Volume 2, Number 3 / Autumn 2013
      PubDate: Fri, 15 Nov 2013 14:58:10 GMT
       
  • Party wall issues on basement projects
    • Abstract: The purpose of this paper is to discuss the party wall issues that might arise on basement construction projects, specifically in large, period, high-value London properties. The paper will focus on the rights and obligations of the building owner and the building owner's surveyor, but mention will also be made of the adjoining owner and their surveyor as these roles are inextricably linked.
      Content Type Journal Article
      Category Practice papers
      Pages 211-220

      Authors
      Paul Magrill
      Journal Journal of Building Survey, Appraisal & Valuation
      Online ISSN 2046-9608
      Print ISSN 2046-9594
      Journal Volume Volume 2
      Journal Issue Volume 2, Number 3 / Autumn 2013
      PubDate: Fri, 15 Nov 2013 14:58:10 GMT
       
  • The schedule of condition: A party wall surveyor's best friend?
    • Abstract: There are some very large construction sites in London and indeed across the country that are at various stages in their execution. A lot of the larger developments are on sites that affect a large number of adjoining owners whose interests could be residential, commercial, retail or even subterranean, in the case of London Underground. Several of the sites are choosing to excavate basements to maximise the development, the size of which would be confined or restricted above ground. With the predicted movement within and beneath the surrounding properties there is a real need to ensure that clear and accurate records of these potentially delicate and fragile structures are put in place before works commence. There are many factors that influence how a schedule of condition is undertaken and why. This paper explains the procedure and the thought processes that you should go through to produce a schedule of condition, and uses a recent instruction as an example.
      Content Type Journal Article
      Category Practice papers
      Pages 203-210

      Authors
      Christopher Skelt
      Journal Journal of Building Survey, Appraisal & Valuation
      Online ISSN 2046-9608
      Print ISSN 2046-9594
      Journal Volume Volume 2
      Journal Issue Volume 2, Number 3 / Autumn 2013
      PubDate: Fri, 15 Nov 2013 14:58:10 GMT
       
  • Developers beware: General principles as to the grant of injunctions when
           enforcing property rights
    • Abstract: This paper examines the risk of an injunction faced by developers and builders where they carry out work that infringes the property rights of others; the latter usually being neighbouring landowners, or tenants. A ‘property right’ in this paper means, principally, a right under a restrictive covenant, or an easement, or a right inherent in landownership such as the right to prevent a trespass, whether over the land itself, or the strata under, or over it. In the latter class of right it is also important to note that unless the Party Wall etc. Act 1996 is observed, the resulting trespass and other infringements of property rights will often lead to injunctions being granted to stop the work. This is an important warning in cases where the current craze for basements (at least in London) leads to work being done without regard to that Act. The word ‘developer’ is used widely in this paper to include, for example, landowners (both freehold and leasehold) builders, contractors and their agents, as well as funders. The width of such a definition is designed deliberately to show that all those engaged in ‘development’ work must be aware of the risk of injunctions as the natural outcome where property rights are broken. This paper is not directed towards lawyers, but readers who are concerned in development, and who may be ‘developers’ referred to above. It is not a detailed treatise on the law of injunctions, or on the legal costs that arise under them. For this readers must consult specialist advisers. The paper is designed to give readers a steer towards the current state of the law, the risks they face under that law and how to lessen, if not avoid, those risks on a practical level.
      Content Type Journal Article
      Category Practice papers
      Pages 194-202

      Authors
      Andrew Francis
      Journal Journal of Building Survey, Appraisal & Valuation
      Online ISSN 2046-9608
      Print ISSN 2046-9594
      Journal Volume Volume 2
      Journal Issue Volume 2, Number 3 / Autumn 2013
      PubDate: Fri, 15 Nov 2013 14:58:09 GMT
       
 
 
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