Japanese Knotweed - Not a weed to ignore!

Japanese Knotweed is a serious consideration for Lenders, Developers, Purchasers, Landowners, Planners and Surveyors. The impact of the discovery of Japanese Knotweed on land and buildings can prove to be significant.

Source: Charles Lyndon

Anyone who has a garden will be more than aware of the speed in which weeds will grow, which if left uncontrolled can become unsightly and overgrown very quickly. Having acquired an overgrown allotment a few years ago, which I spent many hours clearing and digging I can tell you with authority that weeds are almost impossible to eradicate and therefore need to be regularly controlled. Most varieties of weeds are harmless if regularly managed, with the exception of the odd thorny or irritant types of weeds. There is however one particular type of weed that has received increased publicity over recent years, due to the size and rate of growth. There are plenty of opinions in relation to the risk and the extent of damage that Japanese Knotweed can cause to buildings/structures and there are plenty of examples of people affected by it which has resulted in denial of mortgage applications, disputes with insurers and extensive costs in trying remove or control its growth. On the other side of the coin, recent research by AECOM challenges popular opinion and suggests ‘Japanese knotweed is no more of a threat to buildings than other plants’. The research of members of the Royal Institution of Chartered Surveyors (RICS) and the Property Care Association (PCA) who have interacted or dealt with Japanese Knotweed in one way or another found that ‘Only between 2% and 6% of respondents reported any co-occurrence of Japanese knotweed and structural damage to buildings. Our paper also concluded that where Japanese knotweed is associated with damage, it is likely that the plants will have exacerbated existing damage, rather than being the initial cause of the damage’. The results of the research are interesting and well worth a read; (Link).

Despite research by AECOM and others that suggest that Japanese is not the problem that the media would have us believe, we do live in a risk averse society. To those who buy/sell/rent and generally live in property I suspect that they will be un-swayed in their opinion and instead choose to panic at the mere mention of the words Japanese Knotweed in a similar way to which many people react to the words ‘Asbestos’ or ‘Subsidence’ etc. For those involved with property surveys and inspections it is essential to be able to identify Japanese Knotweed and to be able provide appropriate advice. This article is therefore written to provide some basic information about Japanese knotweed which can be used to supplement further reading.

Japanese Knotweed (Latin name - Fallopia japonica) was introduced into the UK as an ornamental plant by the Victorians. It originated from Asia in countries such as Northern China and Japan where it grew in harsh habitats on the slopes around volcanoes. When introduced into the UK the conditions were far more fertile than those in Asia allowing the plant to thrive. Japanese Knotweed is a Perennial Plant, meaning that it will grow for many seasons with the plant dying back in the winter and re-growing the following spring. Japanese Knotweed is capable of growing 10cm per day and it is highly invasive and capable of exposing weaknesses in buildings, foundations, concrete and tarmac. It has the capability of regenerating from minute rhizomes (a root or creeping stem), therefore there is a significant risk of spreading the plant from digging and other disturbance. Effective removal of Japanese Knotweed therefore requires a specialist, which as you would expect can be expensive.

As stated previously, Japanese Knotweed is a serious consideration for Lenders, Developers, Purchasers, Landowners, Planners and Surveyors. The impact of the discovery of Japanese Knotweed on land and buildings can prove to be significant. Land values can be reduced to take into account remediation works. It is therefore worth knowing how to identify Japanese Knotweed to firstly establish its presence and if identified how to deal with it. Devon County Council provided an excellent guide to the identification of Japanese Knotweed which is summarised below. The original link to the article is no longer active however the images and information below are still relevant:

How to identify Japanese Knotweed

  A Typical Japanese Knotweed Leaf

In the early spring red/purple shoots appear from the ground and grow rapidly forming canes. As the canes grow the leaves gradually open and turn green:

The plants are fully grown by early summer and mature canes are hollow with a distinctive purple speckle and form dense stands up to 3 metres high:

The plant flowers in late summer and these consist of clusters of spiky stems covered in tiny creamy-white flowers:

During the late autumn/winter the leaves fall and the canes die and turn brown. The canes remain standing throughout the winter and can often still be seen in new stands in the following spring and summer:

The rhizome is the underground part of the plant. It is knotty with a leathery dark brown bark and when fresh snaps like a carrot.  Under the bark it is orange or yellow.  Inside the rhizome is a dark orange/brown central core or sometimes it is hollow with an orange, yellow or creamy outer ring, although this is variable:

Japanese Knotweed and the Law

In 2016, the Environment Agency withdrew its Japanese Knotweed Code of Practice due to new government guidelines. This was replaced in March 2017, by the Invasive Non-Native Specialists Association (INNSA) new Code of Practice. Access to the new code is not as straightforward as the EA Code however you can request a copy from the following: (Link)

Below is a summary of the raft of legislation that relates to Japanese Knotweed which is taken from the Environment Agency’s Japanese Knotweed original Code of Practice.
  
Japanese Knotweed is classified as controlled waste and its disposal is strictly regulated. For example soil containing Japanese Knotweed roots/rhizomes is classified as contaminated waste and can only be taken to a licensed landfill site. Failure to dispose of Japanese Knotweed appropriately may lead to prosecution under section 34 of the Environmental Protection Act (EPA) 1990.  Also, although it is not a criminal offence to have Japanese Knotweed on your land, allowing it to grow onto neighbouring land may constitute a nuisance and as such may provide grounds for a civil action from those affected.

Other relevant legislation includes Section 14(2) of the Wildlife and Countryside Act 1981 states that '…if any person plants or otherwise causes to grow in the wild any plant which is included in Part II of Schedule 9, he shall be guilty of an offence'. Japanese knotweed is one of the plants listed in Schedule 9. Also, waste must be transferred to an authorised person, in other words a person who is either a registered carrier or exempted from registration by the Waste (England and Wales) Regulations 2011. A waste transfer note must be completed and signed giving a written description of the waste as per regulation 35 of the Waste Regulations. The Hazardous Waste Regulations 2005 contain provisions about the handling and movement of hazardous waste.

Japanese Knotweed continues to receive an increased amount of negative publicity which makes it increasingly important for those undertaking property surveys and inspections and giving property advice to be able to identify its presence and give appropriate and proportionate advice.  This article should serve as a good starting point and hopefully generate interest for further reading and research for built environment and related professions. 

Author: Gary O’Neill

Please feel free to share this article and other articles on this site with colleagues, friends and family who you think would be interested

Information/opinions posted on this site are the personal views of the author and should not be relied upon by any person or any third party without first seeking further professional advice. Also, please scroll down and read the copyright notice at the end of the blog.

Party Wall etc. Act 1996 – Service after work has commenced can prove to be futile!

Unless there is damage caused on an Adjoining Owners land, when works are nearing completion, there is little benefit in appointing and paying for surveyors and issuing party wall notification at this point.  This is because the works ‘have already taken place’, (or mostly), so the remaining provisions that can be included in a Party Wall Award, at this late stage, will be extremely limited

Source: https://www.localpartywallsurveyors.com

The requirements of the Party Wall etc. Act 1996 often come as a surprise for those who propose to undertake works to domestic buildings as well as those who propose works to commercial buildings in England and Wales.  Given that the provisions of the Party Wall Act have now been in existence for over 20 years it is equally surprising that there still seems to be a general lack of awareness of the requirements of the Act.  The amount of Building Owners (a term used under the Act to describe the party who is undertaking the work), who choose to ignore the Act, whether through ignorance (which is no defence in law!) or a genuine desire to cut corners to save on time and expense, never ceases to amaze me. If the main purpose of the Act is to prevent and resolve disputes it seems a contradiction in terms that appointments under the Party Wall etc. Act, were usually made when a dispute had already occurred! (at this stage, the dispute was a dispute in general terms and not a Party Wall dispute).

For the purposes of this article I will refer to the domestic client, someone who in most cases (but not all), will have very little construction knowledge and will rely on others to point them in the right direction.  For many in this situation the first port of call may be to contact a Contractor to come a long to give them some initial advice as well as an indication of likely costs, a ball park figure if you like. I can remember several situations where I had been appointed by a Building Owner as Party Wall Surveyor, after works had commenced, where for whatever reason they had been made aware that they should have notified their Adjoining Owners (a term used under the Act to describe the party who is affected the work), but had not been advised of this by their Contractor, who they felt should have brought this to their attention. In my experience however, most builders/contractors have the same lack of knowledge of the Act as anyone else!

Source: Quorum Consulting Engineers

The impact of dealing with the Party Wall Act retrospectively can vary for the Building Owner depending on whether any damage has occurred on the Adjoining Owners land (which is one of the main reasons that brings the Party Wall Act to the attention of the Building Owner), and how advanced the works are.  In the case of damage occurring before party wall notification has been served, an Adjoining Owner may need to rely on common law rights and may seek an injunction in the County Courts to have the works stopped. The Adjoining Owner will not be able to rely on the provisions of the Party Wall Act at this point because the Act has not been initiated, which only happens when notification is served.

In the situation where works are well advanced and sometimes nearing completion, it is worth thinking about the benefits of a retrospective notification and a retrospective Party Wall Award (sets out the terms and conditions for the proposed works, including costs/fees).  One of the key reasons for the introduction of the Party Wall Act was to enable Building Owners to undertake work and give Adjoining Owners confidence that the works would be carried out in an appropriate manner and any damages caused on the Adjoining Owners land, in respect of the notifiable work would be rectified. Unless there is damage caused on an Adjoining Owners land, when works are nearing completion, there is little benefit in appointing and paying for surveyors and issuing party wall notification at this point.  This is because the works ‘have already taken place’, (or mostly), so the remaining provisions that can be included in a Party Wall Award, at this late stage, will be extremely limited.  An Adjoining Owner should not be given the impression that they can solely use the provisions of the Act as a way of disrupting the Building Owner and making them occur excessive expense (the Act also provides for the Building Owner to meet the reasonable fees of an Adjoining Owners Surveyor, if appointed), unless of course damage has occurred as a result of any works that may be notifiable.

If it is realised that a Building Owner has failed to serve Party Wall notification and works have been completed and an Adjoining Owner is not satisfied with the standard or quality of the works then they can scrutinise Building Regulations and Planning Permission requirements to check that these have been complied with and also consider areas of common law such as negligence, nuisance and trespass etc, if they have suffered damage or disruption. I have previously been approached by a number of people in this very situation where they have been told to insist that their neighbour issues retrospective Party Wall notification.  For the reasons explained above, this is a pointless exercise and very poor advice. Once works are complete an Adjoining Owner should seek a common law remedy if they feel they have a justified grievance with their neighbour. They cannot rely on the provisions of an Act that has not been initiated in the first place! 

It is worth noting that for the purposes of this article I have used the terms Building Owner and Adjoining Owner throughout.  Whereas these roles only exist once the Party Wall Act is initiated through the service of notices, these terms have been used to explain the relationship between those who may have work undertaken and those who may be affected by these works.

Author: Gary O’Neill

Please feel free to share this article and other articles on this site with colleagues, friends and family who you think would be interested

Information/opinions posted on this site are the personal views of the author and should not be relied upon by any person or any third party without first seeking further professional advice. Also, please scroll down and read the copyright notice at the end of the blog.

Party Wall etc. Act 1996 – Much more than just Party Walls!

It is easy to see how the Party Wall etc. Act can be mis-interpreted, particularly by members of the public, just by the nature of its title.  For those who work in the property professions and interact with the Act on a regular basis there will be generally less confusion, however in my experience this is not always the case!

Source: tayrosshomes.com

Although there is a lot of information available about the Party Wall etc. Act 1996 (the Act), and its implications, it appears that there is equally as much mis-understanding or even ignorance about the Act, particularly from members of the public in relation to if and when the Act may apply.  Awareness of statutory approvals such as Planning Permission and Building Regulations approval seems to be improving, however, the existence let alone the requirements of the Act, often comes as a complete surprise to many.

If you are proposing certain types of work on your land or to your property then you may be required to ‘notify’ your neighbour under the Act. It is worth pointing out at this point that the requirements and procedures within the Act are completely separate to other statutory permissions such as Building Regulations and Planning Permission.  On a number of occasions I have been informed by householders that they were either not made aware of the requirements of the Act by their advisors or that they thought that they had obtained all of the relevant permissions because they had Planning and Building Regulations Approvals, which is completely incorrect.

If you are proposing any work to your land or property it is worth undertaking a little research to establish if the work falls under the scope of the Act and therefore will require notification to your neighbour/s (referred to as Adjoining Owners under the Act).  As you would expect, I would always advise you to seek professional advice to confirm whether notification under the Act is required and if so to also guide you through the process, however, nowadays, with the raft of information available on-line, there is no reason why you shouldn’t undertake your own research in the first instance to give you a better understanding of the Act. The Ministry of Housing, Communities & Local Government (formally the Department for Communities and Local Government) have produced an excellent explanatory booklet, which explains the Act in a clear understandable manner and is a really good starting point, particularly for those with little or no knowledge of the Act. You will find a copy of the booklet by clicking on this (link).

You may be surprised by the range of different types of work that are notifiable under the Act, which you will see are not just restricted to a party wall itself. The Ministry of Housing, Communities & Local Government’s booklet defines a party wall as, ‘a wall is a "party wall" if it stands astride the boundary of land belonging to two (or more) different owner’. The booklet then provides some illustrations to demonstrate this point. It is interesting to note that the definition of a party wall is not just restricted to a wall inside a building, but can also relate to external walls also, such as boundary walls. The Act uses the term ‘Party Fence Walls’ to describe walls that are not part of an actual building itself, however may still require notification under the Act for works to, or in close proximity to them.

Source:My property guide

The term ‘etc’ in the title of the Act is also significant. Three innocent little letters (etc.), however the implications of the term denote that the scope of the Act is much wider than just Party Walls. In fact some works that require excavations near neighbouring buildings may also require notification under the Act. Section 6 of the Act requires notification of excavations within 3 metres or within 6 metres of a neighbours building or structure based upon the following criteria:

‘excavate, or excavate and construct foundations for a new building or structure, within 3 metres of a neighbouring owner’s building or structure, where that work will go deeper than the neighbour’s foundations;

or excavate, or excavate for and construct foundations for a new building or structure, within 6 metres of a neighbouring owner’s building or structure, where that work will cut a line drawn downwards at 45° from the bottom of the neighbour’s foundations’

The six metre ‘rule’ is a little more complicated to understand (see the diagram below) than the three metre ‘rule’ and usually relates to deeper excavations such as piled foundations and the like. It is also worth noting that the six metre rule can affect more than one adjoining owner, depending upon the depth of excavation and the proximity of adjacent buildings and structures. In order to establish how many adjoining owners may be affected in any instance by the six metre ‘rule’ it will be necessary to take measurements and produce a section drawing which will detail the depth of the proposed excavation and the location and proximity of adjacent structures and buildings. Professional expertise is highly likely to be needed to take measurements and to produce a section drawings to establish if and how many adjoining owners will be affected.

Source: My property guide

Another term used within the Act is ‘Party Structure’. This again suggests that the Act does not relate exclusively to party walls. In fact there are a number of notices that may be issued under the Act, one of which is a Party Structure Notice. The reason the notice is not entitled a Party Wall Notice, is that this would be misleading and not account for any works other those to Party Walls. Party structures are generally defined as dividing structures such as floors and other partitions, however it is very rare that these structures are subject to party wall notification.

In summary it is easy to see how the Party Wall etc. Act can be mis-interpreted, particularly by members of the public, just by the nature of its title. For those who work in the property professions and interact with the Act on a regular basis there will be generally less confusion, however in my experience this is not always the case!  As notification under the Act may be required for a whole range of different types of work, as defined in section 1, 2 & 6 of the Act. All construction professionals, regardless of discipline should have a good understanding of the Act including its procedures.

In my next article I discuss retrospective party wall notification and in future articles I will consider different types of notifiable works in more detail, as well as tackle the thorny issue of fees under the Act.


Author: Gary O’Neill

Please feel free to share this article and other articles on this site with colleagues, friends and family who you think would be interested

Information/opinions posted on this site are the personal views of the author and should not be relied upon by any person or any third party without first seeking further professional advice. Also, please scroll down and read thecopyright notice at the end of the blog.

Energy efficiency in residential dwellings

One in every five UK households are currently in fuel poverty. Coupled with the fact that energy providers are continually raising their prices, this issue is becoming increasingly prominent; the basic necessity of keeping warm can no longer be taken for granted. It is estimated that a minimum of 5.5 million people within the UK are living in houses that are inadequately heated

Source: www.eco-uk.co.uk

Fuel poverty occurs when a household spends 10% or more of its income on fuel; figures show that one in every five UK households are currently in fuel poverty. Coupled with the fact that energy providers are continually raising their prices, this issue is becoming increasingly prominent; the basic necessity of keeping warm can no longer be taken for granted. It is estimated that a minimum of 5.5 million people within the UK are living in houses that are inadequately heated due to self-rationing, made necessary by insufficient funds (The Guardian 2011). Modern new build properties benefit from legislation such as Part L of the Building Regulations, which ensure that construction is adequately insulated. Efficient methods of heating property are also being implemented more regularly; this however, provides no relief for the millions of people living within existing housing stock. 

While there are ways in which home-owners can improve thermal efficiency, methods often require financial investment (sometimes substantial), and exhibit long payback periods. Improving thermal efficiency, using external wall insulation for example, can result in payback periods of 12 years and cost as much as £65 per square metre (Oxford Solar n.d.). This can mean that while people may want to improve their homes, the same financial concerns which mean they are subjected to cold living conditions, prevent steps being taken to make improvements.  In addition to financial benefits, increasing efficiency will also result in fewer carbon emissions. The Climate Change Act 2008 has made the UK the only Country which has introduced a legally binding framework intended to address climate change by reducing emissions by at least 80% by 2050, when compared to the levels seen in 1990 (Committee on Climate Change n.d). Ensuring that existing homes are used efficiently is a cost effective way of contributing towards this target. The former coalition government saw Green Deal as a vehicle for meeting these targets; however Green Deal did not have the effect that the government had hoped. 

A Thermostatic Radiator Valve (TRV) - Source: abodesolutions.com

Daniel Coghlan, a recent graduate of mine at Coventry University, considered energy efficiency in residential dwellings as part of his final year dissertation, and undertook some very interesting research. The purpose of the research was to ascertain whether heating costs could be reduced by using an existing heating system more efficiently. If this was possible then this would allow savings to be made with little or no financial investment. The research involved taking meter readings in a selected residential property both before and after alterations were made to the use and set-up of the heating system. The usage during both periods was then compared to ascertain whether the alterations that were made have affected the efficiency of the central heating system, and if they have, to what extent.  The property selected was a detached 1970’s house with insulated cavity walls. The heating system comprised of a condensing combination boiler which fed a wet radiator array; heat was controlled using a programmer integral to the boiler, a central room thermostat and thermostatic radiator valves on each of the radiators.

A meter reading was taken on the 1st October 2011 and one was obtained from the resident for the 1st September 2011. The resident at the property was then left to utilise the heating system as they normally would; repeat readings were taken at the first of each month for a total period of 3 months, ending on 01st December 2012. The purpose of this was to ascertain energy usage over a set period of time prior to any system alterations. Following this, alterations were made to the system. These alterations included:

       1. Bleed radiators to remove trapped air
       2. Balance System
       3. Discuss room use and set TRVs accordingly
       4. Reduce temperature of system slightly
       5. Remove restrictions surrounding TRVs
       6. Set a programme timer suitable for general daily use
       
The results from the case study showed that alterations made to the set-up and use of the central heating system within the property resulted in a reduction of 18% in energy usage. It is understood that there were a number of limitations to the research, however this result  provides a strong indication that considered use can improve efficiency. In addition to the case study a questionnaire was devised to establish the levels of understanding of the use of a central heating system. Of the returned questionnaires, only 14% of those who responded used their central heating systems efficiently. Therefore, the combined result of the research shows that the efficiency of a central heating system can be improved by altering use, and currently, there is a deficiency in understanding or common practice of incorrect central heating system use within the UK.  

Limitations with the research were; 

Within the case study, monitoring was undertaken for three months in each period consecutively. This meant that varying weather conditions will have affected the boiler efficiency and the consequential energy consumption may not be completely representative of the alterations made. 

Another consideration is gas usage within the case study property as gas is not used exclusively for heating; the cooker hob is also fuelled using gas. This means that, while the same number of residents were residing within the property during both periods, varying eating patterns may have introduced further inaccuracy into the results. December for example is a time when residents are off work, and likely to entertain, again resulting in more cooking, higher gas usage and less reliable results. 

Different families are likely to have different comfort requirements and eating habits for example. In addition to this, differing windows, doors, thermal insulation, boiler type and radiator sizing for example would all make data obtained from different properties less directly comparable.  In addition there are a number of potential limitations commonly associated with observational information gathering techniques, such as when individuals or groups of individuals are aware they are being watched, they can sometimes change their behaviour, a phenomenon known as the Hawthorne effect (Kumar 2005: 120-121).

Despite these limitations the research demonstrated that energy and consequently cost savings can be made by educating and encouraging people to use their heating systems more efficiently.  Notwithstanding the fact that buildings also need to be made thermally efficient in the first instance, otherwise all of the heat created is likely to disappear through the walls.

(The above article is a summary of research undertaken by Daniel Coghlan BSc(Hons) as part of his final year dissertation at Coventry University and is published with the express permission of Daniel)

Please feel free to share this article and other articles on this site with friends, family and colleagues who you think would be interested

Information/opinions posted on this site are the personal views of the author and should not be relied upon by any person or any third party without first seeking further professional advice. Also, please scroll down and read the copyright notice at the end of the blog. 

Modern House or Older House? – ‘Quirky’ can come at a cost!

Opinions are often divided between those wanting to live in an older building, compared to the relative comfort that a more modern building can offer.  That is not to suggest that older/quirky buildings cannot be warm and comfortable, however in these types of buildings this can come at a cost. 
  

Source: theirishaesthete.com

‘Quirky’ is a word often used by people to describe features in a house that are unconventional compared to ‘the norm’, particularly when compared to modern houses.  The term is used frequently by those viewing or living in cottages, Tudor or medieval houses or in fact any house that exhibits unique features or characteristics compared to the more standard features of modern houses.  These features could include things such as low ceilings, narrow doorways, exposed timber beams, out of plumb walls, uneven and creaky timber floors, inglenook fireplaces, window seats and so on…… Opinions are often divided between those wanting to live in an older building, compared to the relative comfort that a more modern building can offer.  That is not to suggest that older/quirky buildings cannot be warm and comfortable, however in these types of buildings this can come at a cost.  

It has been a requirement for many years under UK Building Regulations to construct buildings with high level of thermal efficiency and this is something that is constantly being amended to make buildings even more thermally efficient and air tight than ever before.  So, the decision to live in a more ‘modern’ building will often revolve around this higher level of thermal comfort and modern facilities that these buildings offer.  Many people seem to be prepared to accept these, sometimes characterless, standardised houses, with perfect right angles and flush plastered walls, which seems to be the conventional ‘norm’ which is referred to at the beginning of this article.  Accepted, there will always be some exceptions where those constructing new houses will try to incorporate architectural and period features however these are few and far between.  The reason this is so rare is usually because of a desire to cram as many plots onto a site as possible, to be built as cheaply as possible and to therefore maximise profit.  There is also a general reduction in traditional craft skills, which are being lost as older craft workers retire and colleges fail to teach new ‘apprentices’ these types of skills.

Source: www.ctge.co.uk

When undertaking surveys of older houses I was always disappointed when someone had refurbished an ‘older’ house and in the process removed many (sometimes all) of the features and characteristics that gave it its character and identity.  Once refurbished it would look like any modern house and it made me wonder why they had not purchased a modern house in the first place and just left the original features alone.  Seeing a building treated in this way could be likened to watching your grandad trying to rap – completely inappropriate, uncomfortable and just not right Nowadays many of our older buildings have been given listed status and are protected.  There are however many others that do not have this protection and are vulnerable to the army of future property developers who are likely to pay little regard to maintaining the original features and place more priority on simplicity and profit.

If you are lucky enough to have the opportunity to live in an older house and want to maintain it and enjoy it for the purposes it would have been originally constructed for, then there are a number of things you need to be aware of. Firstly, find out if the building is listed (protected) and if so what type of listing it is.  It is against the law to undertake any work to a listed building without first obtaining permission.  The type of listing will determine what type of permission you need and also the type of work you can do to the building.  You can contact your local authority to find out this information.

I recently moved house and purchased a cottage.  The main entrance to the building leads directly into the old cottage and at the rear there is a large modern extension.  It is quite fortunate that we have a modern extension at the rear, as the main front entrance door is fairly small.  Also, the stairs in the cottage are quite narrow as is the head height on the stairway.  On the day of the move we soon realised that our wardrobes would not fit up the stairs and that our three piece suites were not going to fit through the door openings. It was necessary to bring everything through a large set of patio doors at the rear and leave them in our kitchen.  The following day I had to dismantle the wardrobes, piece by piece, carry then upstairs and re-assemble them in each bedroom.  In order to get one of our three piece’s into our front lounge it was necessary for us to pay a glazier to remove half of our UPVC double glazed bay window and then put it back when we had lifted the three piece through. This may have cost us £120, however the three piece was fairly new and it was much cheaper that having to buy a new smaller one!

The timber floors in the cottage are creaky, we have a log burner in the front lounge and the cottage have a real sense of history too it.  Having lived in a modern house, I honestly would not swap this new one for the world. When I undertake any work to the cottage I have no intention of taking away its ‘quirky’ features, in fact it is these features that makes it what it is! I appreciate that not everyone will have the same taste as me, however, the more people that can understand the significance of the heritage of our older buildings and also appreciate the craftsmanship that is part of the fabric and structure of these buildings, then the more people that will experience the same privilege as I do by waking up each day in such a quirky house! 

Please feel free to share this article and other articles on this site with friends, family and colleagues who you think would be interested

Information/opinions posted on this site are the personal views of the author and should not be relied upon by any person or any third party without first seeking further professional advice. Also, please scroll down and read the copyright notice at the end of the blog. 

Party Wall etc. Act 1996 - It's my party and I'll comply if I want to (or so some think!)

The main purpose of the Party Wall etc. Act is to prevent and resolve disputes, however many of my appointments under the Act occurred when a dispute arose after works had commenced

Source: www.party-walls-leicestershire.com

Anyone who deals with law will know that reading legislation can often be cumbersome, time consuming and sometimes difficult to understand and interpret.  This is not the case however with the Party Wall etc. Act 1996 (Link) which is one of the less detailed, but most prescriptive pieces of legislation that you could hope to read.   The guidance (link above) from the Department of Communities and Local Government, describes the purpose of the Act as 'providing a framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings'.

The amount of Building Owners (a term used under the Act to describe the party who is undertaking the work), who choose to ignore the Act, whether through ignorance (which is no defence in law!) or a genuine desire to cut corners to save on time and expense, never ceases to amaze me. If the main purpose of the Act is to prevent and resolve disputes it seems a contradiction in terms that many of my appointments under the Party Wall Act were usually made when a dispute had already occurred! (at this stage the dispute was in general terms and not a Party Wall dispute). The scenario below from a few years ago was posted on the Building Magazine Forum is typical of situations that I have been appointed to deal with on numerous occasions. The posting is published exactly as it was written by the person who posted it, so the grammar is not perfect;

Source: www.architectcheltenham.co.uk

‘Have lived in current house for 4 years, it's a semi and the other half changed hands last year. New neighbour promptly guts house, relocates bathroom from side of property to rear. Digs deep holes in garden for sewerage but doesn't fill holes in. Moves into home in November.

January applies for planning for two storey side extension, single back extension and front porch. This would take it from 3 beds to 5 beds! Planners refuse but give permission on second application on scaled down side extension with only an a increase to 4 beds. He started 'official' work in April just after receiving permission however had dug front porch foundations before Christmas along with making the 'sewer' holes out the back into bigger foundation shaped holes!

Now my problem. His rear foundations are several feet below my land and right against my fence which is approx a foot from my conservatory. Yesterday I noticed that in fence is leaning and on inspecting it I discover it's floating! as the land my side has started to fall into his excavations. This is happening along about ten foot of the fence starting at the house. He has tied rope to the fence to try to hold it up right but it's not working.

Looking down from an above window I can see gaps appearing in the lead flashing of my conservatory on that side so am worried that his deep excavations, which have been open for some nine months, are damaging my property. First step will be to speak with him but what should I be asking he do? Do I need a Surveyor to check there is no damage?

Also the front porch he's built was supposed to be a lean to roof but he's built it as a ridge roof and water is now pouring onto my house and land. I've spoken to him about this and he plans to put guttering up 'sometime'. 

Can he just change his plans like this’? 

Anyone who is affected by a 'Building Owner's' work as described above, where Party Wall Notices should have been issued, but have not, cannot claim any benefits under the Act, because the provisions within the Act cannot be utilised until correct notification has been issued (the Act is then initialised).  Below is the response I posted to the above scenario:

‘I agree that the Party Wall etc. Act should apply, and your neighbour obviously has not notified you. Seek the advice of a Surveyor immediately. If your property is being significantly affected in the way you suggest then the work next door needs to be stopped immediately and possibly temporary support of your property may need to be undertaken.

If your neighbour refuses to stop work, then you can apply for a County Court injunction to enforce this. Once works are stopped your neighbour should then issue Party Wall notification, for which you will have a number of options. One such option will be that you dissent (do not agree) with the works and in which case you have the option to appoint your own surveyor, who's 'reasonable fees' must be met by your neighbour.

Your surveyor will then work with your neighbour's surveyor and agree a Party Wall Award which will include details about how the works should be completed and what should be done to rectify any damage. The award will be agreed before works re-commence and will give you the comfort of knowing that the works will be completed appropriately and if any damage is caused it will be dealt with.

There is an option for you to select an 'Agreed' surveyor, who will act impartially for you and your neighbour, however when I have been called in, in situation like this I often found that relationships between neighbours had become soured and they wanted to appoint separate surveyors.

I would advise you to contact a surveyor immediately who deals with Party Wall issues, who will go through the procedure with you and hopefully explain the above in more detail’.

My response focused on the Party Wall issues, however there is also a possible breach of planning permission in respect of the porch roof that would need to be investigated. Also, if  the building work is well advanced then retrospective issuing of notices may have a limited effect.  In this scenario a neighbour can always decide to exercise their common law rights, possibly in negligence, trespass, nuisance etc, depending on the circumstances of individual cases.

In conclusion there appears to be a general lack of awareness of the Party Wall etc. Act and it's requirements by members of the public (and their advisers) which through lack of publicity, poor advice or genuine ignorance is not acceptable.  Legislation does not provide a choice, it must be complied with and those who fail to do this must be prepared to face the consequences, so be warned!

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Information/opinions posted on this site are the personal views of the author and should not be relied upon by any person or any third party without first seeking further professional advice. Also, please scroll down and read the copyright notice at the end of the blog.

Permitted development rights disregard rights of light

Permitted development rights take no account of a neighbour's 'rights to light'

Source: www.jcadesigns.co.uk

The UK planning system allows certain types of development to be made without the need to apply to your Local Authority for planning permission; this is referred to as 'Permitted Development'. Information relating to permitted development can be found on-line on the Planning Portal (Link). Planning applications often require professional advice in order to produce drawings, submit the application in the correct format, liaise with the Local Authority, all of which, in addition to the planning fee itself can prove to be expensive.  There is also the possibility that the application may receive objections from neighbours/local residents, which will be taken into account by the Local Authority when making a decision on the application. All of this expense stress and uncertainty can be avoided if the development is deemed to be 'permitted development'.

Whilst the advantages are clear for the party who proposes to undertake a project under permitted development, but what about the rights of adjoining owners who may be affected in some way by the proposed development?  For example, take a single storey side extension to a semi-detached dwelling.  The extension will be only 1.5 metres from the neighbour’s external wall (not the boundary), however the height of the extension will be 2.8 metres at the eaves (the junction of the top of the wall and roof).  Even though a new extension will impact on the available light to the neighbour’s kitchen windows, this is still classified as permitted development. The photograph below shows the new extension on the left hand side.

Source: own

Permitted development rights take no account of a neighbour's 'rights to light'. Therefore it is currently acceptable under UK planning laws for a development that does not require planning permission (as it may be permitted development) and is therefore deemed as acceptable, to adversely affect the right of an adjoining owner. This surely cannot be acceptable. Any adjoining owner who is affected in this way will receive little help or guidance from the Local Authority because as far as they are concerned this is permitted development and there is nothing they will do apart from unhelpfully tell you to complain to the Secretary of State (this is what happened to me a few years ago). 

All is not completely lost however, as there is a law that may provide a way of challenging 'loss of light' and that is the Prescription Act 1832.  If a new building/structure limits or reduces the amount of light available through windows and when measured the level of light falls outside 'acceptable levels', this could then be deemed to be an obstruction. If this is the case then you may be able to take legal action against the party who created that obstruction.

If you think you may have a case in respect of the above you must first think very carefully and weigh up the possible benefits of starting legal proceedings.  Do not be under the impression that if you are successful that your neighbour will be required to remove or make significant alterations to their development.  This is only likely to happen in extreme circumstances where the new building or structure has been constructed outside the requirements of permitted development, or has breached other statutory requirements.  The general outcome of cases of this nature is that the development will remain and the court may apportion a certain level of compensation for the general reduction of light.

In conclusion, in certain circumstances permitted development appears to disregard the rights of adjoining owners, and at present there is very little that can be done to stop this happening.  In a 'free' society like the UK this does seem to be unacceptable, and maybe it is now time for permitted development guidelines to be amended to close this loop hole.

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Information/opinions posted on this site are the personal views of the author and should not be relied upon by any person or any third party without first seeking further professional advice. Also, please scroll down and read the copyright notice at the end of the blog. 

The Reality of Framework Agreements - Have You Been Framed?

Frameworks are generally poorly understood by Clients and are often not the lucrative cash stream that they initially suggest, unless of course you are one of the chosen few!

Source: www.zemaitis-uk.com

Under EU legislation all contracts from the public sector which are valued above a certain threshold (Link) must be published in the Official Journal of the European Union (OJEU, formerly OJEC). Many OJEU's advertise framework opportunities, and whilst working in Professional Practice, particularly as a Senior Manager I was often involved in preparing framework consultancy submissions.  

A framework agreement is essentially an ‘umbrella agreement’ which sets out the terms under which individual contracts (call-off's) can be made throughout the period of the agreement. Frameworks can vary in duration, however these are typically for a four year period. The principle of a framework is to establish and develop long term relationships between Clients, Consultants and Contractors etc. and to work together to achieve continuous improvement. This is measured in different ways, however the overriding objectives would be to improve quality, look for efficiencies and at the same time reduce costs.

An invitation to submit for a framework will only be given once the Client is satisfied that the Contractor or Consultant have the track record and resources needed.  This will be established from information submitted in a Pre-Qualification Questionnaire (PQQ).  The main submission will then require a whole host of different information relating to details of relevant projects, an organisational structure highlighting key personnel, health & safety policy and record, environmental credentials, numerous answers to all sorts of different questions and scenarios and obviously fees that will be charged. After assessment of the documentation and if successful, the Contractor or Consultant will be invited to an interview where eventually the Client will select a number (typically 4 to 6) to appoint to the framework.

Source: www.linkedin.com

Anyone who has prepared documentation for a framework submission, whether as a Contractor or a Consultant will be aware of how much work is involved. Typically, it will take a Senior Manager with administrative support a significant amount of time to pull the information discussed above, together.  When you consider the hourly rate of a Senior Manager and support staff, together with the bulky printing (if needed) and preparation of the documentation, the whole exercise is a real cost to a business, and is completed on the principle that if successful, there will be a continuous flow of projects for the duration of the framework.  This however is rarely the outcome.

The initial euphoria of receiving confirmation of an appointment to a framework is often quickly tempered with frustration.  In reality what tends to happen is that a Client will call off work disproportionately, with some on the framework being allocated a high percentage of projects and others being allocated very little. One factor that may contribute to this is the mandatory nature of the OJEU procedure which many Clients do not really want.  Having this procedure imposed on them means that they can no longer just invite those Contractors and Consultants who they have probably worked with for many years to tender for the framework, in fact by advertising through OJEU they are actually inviting submissions from all over the Europe Union, not just the UK.  Obviously, these 'familiar' Contractors and Consultants can tender for the framework, but will have to go through the same selection criteria as everyone else who applies.

I can think of a number of examples where my company (Property Consultants), were appointed onto frameworks, having attended numerous meetings, passed the submission and selection procedure, and then not given anywhere near the volume of work to justify the costs.  Clients do not always appreciate that part of the fee calculation is based upon the likely value of work that will be allocated through the framework. Therefore, a much more competitive fee can be included if projects of a reasonable value are called off to your company or organisation. Clients who 'throw you the scraps from the table', by allocating the odd small project here and there, do not appreciate that the fee that has been submitted will not work for this extremely low volume of work, however the fee is expected to honoured because this is what was tendered with the original submission.

There are two particular frameworks which come to mind, one with a Local Authority in the Midlands and one with a Housing Group in the North West, where my company were appointed onto the Framework, and when attending monthly framework meetings (which again is another cost to the business), it was clear that bulk of projects were being called off to the Consultants who had worked with the Client for many years. This was totally unacceptable, and despite some 'honest and frank' discussions with the Client, nothing changed. I am sure that this will be the same in certain situations for Contractors.  Consequently, my company took a commercial decision to be much more selective of which frameworks to apply for in the future.  
  
Frameworks are generally poorly understood by Clients and are often not the lucrative cash stream that they initially suggest, unless of course you are one of the chosen few!

Please feel free to share this article and other articles on this site with friends, family and colleagues who you think would be interested

Information/opinions posted on this site are the personal views of the author and should not be relied upon by any person or any third party without first seeking further professional advice. Also, please scroll down and read the copyright notice at the end of the blog.