So the contractor calls us and asks how far apart blister studs should be, they were gong to use individual tactile blister studs like these [we just googled this we're not recommending them, but it is a nice product!].  And the answer is… we didn’t know, but we did undertake to help by finding out as it would be useful to know.  The answer which we found in the Department of Transport Guide to Tactile Paving [yes, really there is an 85 page guidance note on this] is 67mm apart.  See drawing below.  Importantly the layout of these should be square and not offset, offset studs – see drawing below – being used to warn of platform edges.

And then, the kicker.  We asked the contractor where these were being installed and he said at he top and bottom of a flight of steps.  Nooooo, blister studs are used at road crossings and cordurys are used at the top and bottom of the steps, that firm that manufacturers the nice studs above also does a neat line in corduroys [not trousers!].  So we sent the contractor back to the architect, what happened next we don’t know but I suspect there was a “but it looks nice” conversation followed by a new instruction and DDA compliance.  And for completeness, cordury pavings need to be set 400mm back from the top and bottom of steps, each corduroy should be at 50mm centres, be 20mm wide and 6mm high, depending on the situation they need to be 400mm to 800mm deep.

The Department of Transport Guide to Tactile Paving can be downloaded from our website, here is our previous blog post  ”Tactile Paving - Guidance for DDA Compliance”

image exfordy via flickr

We’re going to have fun trying the Magic Plan app for iOS, apparently “MagicPlan MEASURES your rooms and DRAWS your floor plan just by taking pictures”.  Call us old fashioned but we still like doing a proper measured survey and preparing the cad drawings manually, hey, Mark only just stopped using a pencil and some of us are old enough to remember doing drawings on linen, yes really and that was 1988!

A brief report on an interesting case form the LVT [leasehold valuation tribunal] covering freeholders recovery of legal costs from lessees.

A few years ago we carried out DDA [disability discrimination act] Audits of all the parks and opens spaces in the London Boro’ of Newham, we came across a small park tucked between industrial units and overlooking the river, Lyle park is almost like a secret space and I decided it was now my favourite park in London.  Notable for housing the original gates to the London Harland and Wolff shipyard.  It just cropped up on Ian Visits London blog, so not so secret anymore.  Part of the Tate and Lyle legacy along woth the Tate Art galleries.

Finally a nice Span House for sale in Blackheath – we’ve surveyed a few of these in our time.  If you buy this one why not ask us to do a building or structural survey?

Local knowledge counts, so if you’re planning to buy a house or flat best get it surveyed by long established and independent local surveyors – after all who is more likely to know which roads suffer subsidence, which houses have been rebuilt or which roads are noisy? Us or a surveyor from Maidstone?

Planning in extending or building? Why not use a local firm to prepare your planning permissions and building regulation drawings and to resolve your party wall problems?

image pshab via flickr

At a time when many prospective buyers are struggling to secure the necessary finance to purchase a new home, they are hitting further difficulties with banks and building societies refusing to lend on properties with roofs leased for the use of ‘free’ PV panels.

These panels are installed by solar companies for free who then sell any extra energy generated back to the grid under the Government’s Feed-in Tariff (TIF) subsidy. These schemes are usually based on leases of 25-years for use of the roof space, which requires the prior approval of the mortgage lender, which many lenders are refusing to give.

David Dalby, Director of Residential at RICS said:

 ”We fully support the use and production of sustainable energy; however, at a time when prospective buyers are finding it tough to secure mortgages ‘free’ solar panels can cause a further barrier to homeownership. An inflexible PV panel lease, without a buy-out clause, could result in a failed transaction.

“We are advising our members to inform homebuyers of these issues and strongly urge anyone looking to make an offer on a property with ‘free’ PV panels to seek legal advice and consult their mortgage lender beforehand.”

Buyers are more likely to be granted a mortgage on schemes complying with the Council of Mortgage Lenders guidance, where necessary consents have been achieved and the PV panels installed to an accredited standard and maintained.

However, even compliant schemes may reach difficulties as most mortgage lenders have their own specific requirements due to the lack of regulation and standardisation in roof lease contracts, with most lenders assessing on a case by case basis.

Where a mortgage lender does refuse the mortgage on the basis of the roof-lease, the best case scenario is for the solar company to offer a ‘buy-out’ option to the prospective buyer who can purchase the installation at the price stated in the original lease agreement, less depreciation.

However, this can be very costly for the new owner who may already be pushing their finances to the limit with the property purchase.

In the worst case scenario, the installation company could refuse to sell the installation to the new homeowner and seek to charge them for removing the panels and the loss of income from the feed-in tariff, effectively prohibiting the sale of the property.

We previously discussed solar panel issues here

The basic position is that all work carried out prior to 1 October will still benefit from zero rating, where applicable.   Work carried out thereafter will be liable to VAT at 20%.   There are, however, a couple of variations/conditions:

Any work, for which the contract has been placed, prior to 21^st March 2012, will still be zero rated up until 21 March 2013.

There will be anti-avoidance measures put in place, such that if someone invoices work in September (no VAT), but carries out the work after 1 October, HMRC will be able to charge 20% on that work.  This would also apply if someone simply placed a deposit prior to October for work carried out afterwards.

Works unaffected that still qualify for the 5% VAT rate:

Empty for 2 years prior to work starting.

Converting a property from two dwellings into one, or vice versa.  In fact any conversion resulting in a different number of dwellings.  Best  example was one where a staff flat, which was not needed, all repair/refurb work changed from 20% to 5% VAT.

Converting from commercial use to residential use.

Also unaffected will be ‘Self build’ claims. (VAT refund scheme for properties empty for 10 years  or more, or subject to a commercial to residential conversion.)

We hope that this is of help but if you’d like any other information please feel free to contact us on 01795 844939

We shall publish a full summary in the next issue of our club magazine “Listed Heritage”. 

This is a complicated area that requires sepcialist advice – discover more at the Listed Property Owners Club

Just for fun here is a great little model of Sydney Opera House in Lego from their architectural range.  If that’s not challenging enough how about a 6,000 piece, very advanced £1,400.00 [yes really!!] model of the Taj Mahal?

We have a couple of other concerns that could trap the unwary –

Firstly, the strength of the roof, many older roofs may be undersized – especially of the original slates have been replaced with concrete tiles and no strengthening has been introduced, and more modern prefabricated roofs may have been designed down to minimum loading standards, care needs to be taken when the panels are fixed and designed.

Secondly, where a roof is rented to a solar company, they then become an “owner” for the purposes of the party wall etc act [owner defined here] and will need to be served with party wall notices even if the work is unrelated – for instance a ground floor extension!  Some work may affect them however – a loft conversion for instance that affect the party wall onto which they have fixed any of their fancy boxes…

And, presumably insurers will need to know about the installation and may vary terms accordingly because of the joint interest.

We’ll be checking for this on our property surveys and party wall jobs from now on but, if you’re worried give us a call – 020 8295 1200

So what should you do?  In the first instance we recommend proper enquiry at the land registry, this should turn up a title deed with some freeholders details, in this case it was a limited company so our next port of call was companies house website.  This didn’t show any record of a company in the name of the freeholder either extant or dissolved.  We then googled the address of the freeholder as shown at HM land registry and identified the current occupants.  They happened to be solicitors, contacting them confirmed that they had no knowledge of the freehold company.

So, what next?  the Party Wall Act allows a party wall notice to be served by fixing it to the neighbouring building, we pinned it to the front door and took a record photograph, we also handed a notice to a person on the premises and for good measure posted a copy to the address at the land registry.

The timescales within the act will now operate, there will be no response within 14 days so there will be deemed dissent, no surveyor will be appointed in a further 10 days so after 24 days of knowing there will be no response the building owner can make an appointment on the freeholders behalf and a party wall agreement can be prepared in the usual manner.

Of course one could throw caution to the wind and proceed unlawfully without notice but that is not recommended  Getting party wall procedure such as this wrong can be risky, especially if, out of left field the freeholder suddenly breaks cover – if that happens it will be necessary to demonstrate how the Act has been complied with.

We would recommend engaging a party wall surveyor to deal with a situation like this – in any event you will need to appoint a surveyor to deal with the absent freeholder issue so you may as well appoint one at the outset rather than hang on.

In most residential cases we can deal with this within our low cost, fixed price party wall fees service.  Please call us on 020 8295 1200 for London or 01303 239000 for Kent.

image sweet one via flickr

Until the early 1980’s Artex type products contained very low volumes of asbestos, we usually advice clients that it may be present but needs no action but also advise them to take care when drilling or sanding this material.  There has been some previous discussion and an article from the Daily Telegraph about 6  years ago gives a useful resume of the state of play at that time.

As it happens this is one of the areas where we get most queries after our clients receive their building surveys and one where there seems to be most confusion.  The HSE says “The asbestos fibres are held in place within the structure and are not easily given off and breathed in, however they are easily released if the coatings are sanded down – never do this.”  So in essence if the product is stable and undamaged the risk to health is relatively minimal.

That said there is a genuine risk to health if the material is sanded or drilled and recently an inquest at Derby and South Derbyshire’s Coroner’s Court, heard how an operative was exposed to asbestos while creating textured ceilings during his work at a decorating firm between 1959-1980.  The operative was found to have died of bronchial pneumonia brought about by asbestosis caused by exposure to asbestos dust arising from this work.

Most ordinary building surveys do not inspect specifically for asbestos and although we draw your attention to a risk we do not carry out any testing.  For absolute confirmation that asbestos is present a small sample will need to be tested – there are various kits available for taking a sample and then sending it off for laboratory testing at a cost of about £40.  An RICS HomeBuyer Report will not inspect for asbestos at all.

If you need to work on texture coatings you should first establish whether they contain asbestos [or positively assume they do if known to have been applied before 1980] and then follow specific guidance – generally the work does not need to be licenced but if in doubt check with your local HSE office.

The HSE has produced a series of guidance sheets under the heading “Working with textured coatings (TC) containing asbestos (non-licensed)” that can be downloaded from their website.

Need further guidance or assistance?  Give us a call 020 8295 1200

Other posts: The Vendors Reduced The Price…, Asbestos in Houses

Image – eyeSPIVE via flickr