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Journal of Building Survey, Appraisal & Valuation    [5 followers]  Follow    
  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 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 2046-9594
      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 2046-9594
      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 2046-9594
      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 2046-9594
      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 2046-9594
      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 2046-9594
      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 2046-9594
      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 2046-9594
      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 2046-9594
      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 2046-9594
      Journal Volume Volume 2
      Journal Issue Volume 2, Number 3 / Autumn 2013
      PubDate: Fri, 15 Nov 2013 14:58:09 GMT
       
  • Property dispute legislation special
    • Abstract: Property dispute legislation special
      Content Type Journal Article
      Category Editorial
      Pages 192-193

      Authors
      Simon McLean
      Journal Journal of Building Survey, Appraisal & Valuation

      Online ISSN 2046-9594
      Journal Volume Volume 2
      Journal Issue Volume 2, Number 3 / Autumn 2013
      PubDate: Fri, 15 Nov 2013 14:58:09 GMT
       
  • Energy management systems: The ‘five-step-plus’ approach and
           ISO 50001
    • Abstract: To successfully carry out energy management within an organisation, a system needs to be introduced that is simple to understand, addresses management issues and provides a structured approach and framework in which to work. For the past few years BRE has been advocating a ‘five-step-plus’ approach in which the first five steps are: get commitment; understand the issues; plan and organise; implement; and monitor ongoing performance. The loop is then closed by a review and audit step, the analysis of which feeds into the lessons learned step. These lessons are then incorporated into a plan for improvement stage, which embraces all aspects of the process and includes an action plan for change. This is in line with ISO 50001 and, although the attainment of these standards should be the ultimate goal, because of the degree of rigour and, as a result, the resource implications, this should be achieved in the longer term. That does not mean, however, that the underlying philosophy and methodologies should not be taken on board from the start. The key to this standard is the approach the standard has adopted — the Plan, Do, Check, Act approach. This paper maps out the standard in terms of this approach and provides practical advice on the steps to take.
      Content Type Journal Article
      Category Practice papers
      Pages 125-133

      Authors
      Andy Lewry
      Journal Journal of Building Survey, Appraisal & Valuation

      Online ISSN 2046-9594
      Journal Volume Volume 2
      Journal Issue Volume 2, Number 2 / Summer 2013
      PubDate: Mon, 08 Jul 2013 13:37:09 GMT
       
  • Accessing goods and services in commercial property: An update
    • Abstract: This short paper updates the one by Simon McLean in Volume 1 Number 4 of Journal of Building Survey, Appraisal & Valuation and discusses the replacement of the disability discrimination legislation by the Equality Act 2010. The context remains the same, ie the provision of goods and services within the built environment.
      Content Type Journal Article
      Category Practice papers
      Pages 123-124

      Authors
      Vivien King
      Journal Journal of Building Survey, Appraisal & Valuation

      Online ISSN 2046-9594
      Journal Volume Volume 2
      Journal Issue Volume 2, Number 2 / Summer 2013
      PubDate: Mon, 08 Jul 2013 13:37:09 GMT
      Issue No: Vol. 1 (2013)
       
  • The changes to the RICS Red Book 2012 edition
    • Abstract: The Red Book, as it is colloquially known, sets out the procedures that must be followed by RICS Registered Valuers when carrying out valuations. The full title of the current version of the Red Book is the RICS Valuation — Professional Standards, 2012 and it is effective from 30th March, 2012. It replaced the previous edition — RICS Valuation Standards 7th Edition — which was published in 2011. So why is it necessary to have a new edition so soon and what are the main changes?
      Content Type Journal Article
      Category Practice papers
      Pages 141-148

      Authors
      Anthony Banfield
      Journal Journal of Building Survey, Appraisal & Valuation

      Online ISSN 2046-9594
      Journal Volume Volume 2
      Journal Issue Volume 2, Number 2 / Summer 2013
      PubDate: Mon, 08 Jul 2013 13:37:09 GMT
       
  • Assessing airports for business rates
    • Abstract: Since the start of the economic downturn, regional airports have faced real challenges to their survival. As 2013 is proving to be just as difficult, ideas long explored in other industries are now being successfully applied in the Aviation section to improve profits. One way that airports are improving profitability is by challenging the traditional methods of assessing airport rateable values and unlocking potential savings. This article explores in detail the Contractor's Basis of Valuation and how it can be applied to airports to reflect their unique mode and category of occupation. This paper examines Stage 2 and Stage 5 of the Contractor's Basis of Valuation including: allowances for obsolescence, surplusage, piecemeal development and comparative assessment. It draws upon the many case studies and more recent rulings where these types of appeal have been lodged and successfully brought to conclusion on behalf of UK and Irish airports.
      Content Type Journal Article
      Category Practice papers
      Pages 134-140

      Authors
      Stuart Hicks
      Journal Journal of Building Survey, Appraisal & Valuation

      Online ISSN 2046-9594
      Journal Volume Volume 2
      Journal Issue Volume 2, Number 2 / Summer 2013
      PubDate: Mon, 08 Jul 2013 13:37:09 GMT
       
  • Professional duties of party wall surveyors
    • Abstract: This paper explains the correct and professional way in which surveyors should undertake the role of an appointed surveyor under the Party Wall etc Act 1996. It explains the statutory framework within which the surveyors operate and the proper and practical way they should liaise with other appointed surveyors and advise their Appointing Owner on matters both within and without the scope of the Party Wall etc Act 1996.
      Content Type Journal Article
      Category Practice papers
      Pages 158-164

      Authors
      Alistair Redler
      Journal Journal of Building Survey, Appraisal & Valuation

      Online ISSN 2046-9594
      Journal Volume Volume 2
      Journal Issue Volume 2, Number 2 / Summer 2013
      PubDate: Mon, 08 Jul 2013 13:37:09 GMT
       
  • Structural movement and defects in traditional Scottish residential
           property
    • Abstract: Structural movement can be a source of great concern to the purchasers and owners of historic buildings. Is this concern generally justified or exaggerated? In this overview of the topic, the author provides some advice on the assessment of traditional buildings, distinguishing between the role of the building surveyor and that of the structural engineer, and reviews some key issues including: the inevitability that buildings will be subject to movement (even modern well-engineered buildings); the advantages of flexibility provided by lime mortars in traditional buildings; the composite nature of traditional buildings and the interface between masonry and timber framed elements resulting in cracking that may not be of great concern, the implications of ill-advised alterations; the psychology of cracks in building leading sometimes to needless anxiety; some case studies illustrating that some traditional buildings may conceal serious defects; and others that superficially appear to be in a parlous state, but may in fact be stable. The use of steel in hostile environments may give a false sense of security as a replacement for decayed timbers.
      Content Type Journal Article
      Category Practice papers
      Pages 149-157

      Authors
      David Gibbon
      Journal Journal of Building Survey, Appraisal & Valuation

      Online ISSN 2046-9594
      Journal Volume Volume 2
      Journal Issue Volume 2, Number 2 / Summer 2013
      PubDate: Mon, 08 Jul 2013 13:37:09 GMT
       
  • Rebuilding a city: Christchurch's recovery two-and-a-half years on
    • Abstract: Beginning on 4th September, 2010, Christchurch suffered a unique series of earthquakes, one killing 185 people. Approximately 70 per cent of CBD required demolition, and there was also significant damage to horizontal infrastructure due to land damage. The government offered a buyout of land-damaged homes. Insurance problems included multiple insurers and frustrating delays in assessments and settlements. The priority was temporary accommodation for displaced residents — 12,000 homes needed to be replaced and140,000 others needed repair. The horizontal infrastructure repair was New Zealand's biggest ever civil engineering project; with a NZ$40 billion dollar rebuild, the earthquakes were seen as an opportunity to develop a new, modern, state-of-the-art city.
      Content Type Journal Article
      Category International surveying
      Pages 165-173

      Authors
      Malcolm MacMillan
      Journal Journal of Building Survey, Appraisal & Valuation

      Online ISSN 2046-9594
      Journal Volume Volume 2
      Journal Issue Volume 2, Number 2 / Summer 2013
      PubDate: Mon, 08 Jul 2013 13:37:09 GMT
       
  • CPD records for the architectural technologist
    • Abstract: Every qualified technologist has to prepare an annual plan of their continuous professional development requirements so that a period of sustained CPD can take place. For many it's a haphazard leap from month to month looking for anything that resembles CPD, relying upon manufacturers and iPad presentations. This paper describes the way a plan should be put together and, in particular, the tools that should be used to develop your plan year on year, and how to store information for future retrieval. It addresses questions such as, where should your information come from? How should your plan be put together? What should direct your choice of subject matter for CPD — workplace and/or personal interest? It investigates the CPD requirements of a newly qualified technologist and those of a seasoned professional. There are a variety of tools to choose from: paid-for subscription programs the CIAT paper log, or Internet-based free methods of record-keeping and storage. This paper outlines an easy-to-use spreadsheet stored in Google Docs.
      Content Type Journal Article
      Category Practice note
      Pages 174-178

      Authors
      Stephen John Scaysbrook
      Journal Journal of Building Survey, Appraisal & Valuation

      Online ISSN 2046-9594
      Journal Volume Volume 2
      Journal Issue Volume 2, Number 2 / Summer 2013
      PubDate: Mon, 08 Jul 2013 13:37:09 GMT
       
  • The chronicles of a Mayfair surveyor: Episode VI
    • Abstract: The chronicles of a Mayfair surveyor: Episode VI
      Content Type Journal Article
      Category Diary
      Pages 179-185

      Authors
      Kent Lawson
      Journal Journal of Building Survey, Appraisal & Valuation

      Online ISSN 2046-9594
      Journal Volume Volume 2
      Journal Issue Volume 2, Number 2 / Summer 2013
      PubDate: Mon, 08 Jul 2013 13:37:09 GMT
       
 
 
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