Glossary
The examination of proposals for building works against criteria to assess their usability, at the early design stage, against the requirements of the Disability Discrimination Act 1995. See ‘Access consultancy’.
Access Audits
An examination of an existing building, its facilities and services, against predetermined criteria to assess its usability to meet the legislative requirements of the Disability Discrimination Act 1995. See ‘Access consultancy’.
Access Consultancy
Providing professional advice to meet the legislative requirements of the Disability Discrimination Act 1995. Tuffin Ferraby Taylor have a number of surveyors who are accredited members of the National Register of Access Consultants (NRAC) and have vast experience in this area.
Access Statements
A statement, usually with a building control or planning application, which explains why you have decided to adopt particular solutions to meet the Disability Discrimination Act 1995. See ‘Access consultancy’.
Acquisition
The purchase or procurement of real estate.
Adjudication
A fast track dispute resolution method under construction contracts. Parties have a statutory right to this decision-making process.
Agreement to Lease
A binding agreement setting out the rights and obligations between a landlord and tenant before entering into a lease.
Alternative Dispute Resolution (ADR)
An alternative means of settling a dispute using mediation. A mediator is an independent person who facilitates the dispute process to reach an agreement without the need for litigation.
Arbitration
The in-depth dispute resolution method between conflicting parties controlled by an arbitrator. An arbitrator, an independent person to whom the parties have referred their dispute, is controlled by Common Law or Statute. The determination is agreed by both parties and is based on the legal rights of the parties.
Asbestos
A carcinogenic fibrous material that comes in three principal types (blue, white and brown) and was formerly used as a construction material. The use, supply and importation of asbestos and asbestos products has been banned for all but a few exceptions by the Asbestos (Prohibition) Regulations. Common uses in buildings included: asbestos cement board, corrugated roofing sheets, pipe lagging, artex ceiling coating and floor tiles.
Asbestos Register
A document containing the results of an asbestos survey. The document highlights the location, type and condition of asbestos products within a property. The register must be accessible to all users and contractors at the property, including the emergency services. See ‘Asbestos consultancy’.
Asbestos Survey: Management surveys (formerly Type 1 and Type 2 surveys) and Refurbishment and Demolition surveys (formerly Type 3 surveys)
The following definitions are from HSG 264 - Health and Safety: Guidance Booklets: Asbestos, produced by the Health and Safety Executive.
The purpose of a management survey is to control asbestos-containing materials (ACM) during the normal occupation and use of premises ensuring that:
1. Nobody is harmed by the continuing presence of ACM in the premises or equipment
2. The ACM remain in good condition
3. Nobody disturbs it accidentally
A Management survey is the standard survey.
A refurbishment and demolition survey (formerly Type 3 surveys) aims to ensure that:
1. Nobody will be harmed by work on ACM in the premises or equipment
2. Such work will be done by the right contractor in the right way
A refurbishment and demolition survey is needed before any refurbishment or demolition work is carried out. This type of survey is used to locate and describe, as far as reasonably practicable, all ACM's in the area where the refurbishment work will take place or in the whole building if demolition is planned. The survey will be fully intrusive and involve destructive inspection, as necessary, to gain access to all areas, including those that may be difficult to reach. A refurbishment and demolition survey may also be required in other circumstances, e.g. when more instrusive maintenance and repair work will be carried out or for plant removal or dismantling.
See 'Asbestos surveyors'
Asbestos Surveyors
Trained to carry out asbestos surveys, sampling and give professional advice, including duties and legal responsibilities, relating to asbestos products in property.Tuffin Ferraby Taylor (TFT) can also advise on the requirements of the Control of Asbestos at Work Regulations 2002. In response to the change in asbestos regulations, Tuffin Ferraby Taylor now have a number of building surveyors trained to the British Occupational Hygiene Society (BOHS) Certificate of Proficiency P402: Building Surveys and Bulk Sampling for Asbestos including risk assessment and risk management strategies. This is the recognised industry standard for executing asbestos surveys in accordance with MDHS 100: Surveying, sampling and assessment of asbestos-containing materials issued by HSE, July 2001. TFT carry out Management Surveys (formerly Type 1 and Type 2 surveys) and Refurbishment and Demolition Surveys (formerly Type 3 surveys).
See 'Asbestos survey'.
Assignment
The transfer of a property interest, especially a lease, from one party to another.
Batt
A semi-compressed fibrous material board used for the insulation of roofs, walls and ceilings.
Boundary
The line that separates a property’s ownership from its neighbours.
Boundary Disputes
The dispute between two neighbouring property owners over the legal position of the boundary between them. See ‘Neighbourly issues’.
Breach of Covenant
The failure of either party to comply with a covenant of their lease.
Break Clause
The contractural entitlement in a lease for one party (or both) to terminate the lease prior to the expiry date. Lease break provisons will have certain conditions attached that, as a minimum, normally comprise the payment of rent, insurance etc and yielding up of the demise with vacanct possession. Often, the clause may contain more onerous conditions that need to be met.
Brick slips
Thin sections of brick, used to cover over the semi-protruding face of the structure behind, whilst giving the appearance of continuous brickwork.Brick slips often fail due to inadequate fixing, or failure of the fixings, or inadequate/omitted movement joints. Brick slips are still used, but the mechanical fixing must be corrosion resistant and have a design life not less than that of the brick slip.
Buildability
Advice or methods to reduce construction problems and costs, and make the work itself more straightforward and safe.
Building Condition Survey
A comprehensive and detailed inspection reporting on the condition of a property. Tuffin Ferraby Taylor have vast experience in building condition surveys.
Building Pathology
The critical examination and diagnostic evaluation of building defects. Tuffin Ferraby Taylor, as chartered building surveyors, are experts in building pathology.
Building Survey
An inspection and written report detailing the construction of a property and all its defects. Commonly referred to as "Pre-acquisition" or "Structural Survey" but now developing into "Technical Due Diligence Survey"
Bulkhead
A lowered part of a ceiling, usually to accommodate structures and services.
CAD
Computer assisted design.
Cantilever
A structural member, which is fixed at one end and is free at the other.
Capital Allowances
A capital allowance is effectively a reduction in the level of corporation tax whereby a certain percentage of the capital asset's cost is allowed as capital allowance to be set against the tax liability during the accounting period in which it was purchased.
Capital Value
The value of an asset as distinct from its rental value.
Carbon Trust Grants
The Carbon Trust is a world-leading organisation helping businesses, governments and the public sector to accelerate the move to a low carbon economy through carbon reduction, energy-saving strategies and commercialising low carbon technologies. The trust receives government funding and then offers low cost finance (they do not actually provide grants) to business to assist them in lowering their energy usage. These loans are termed as Energy Efficiency Financing. In Wales and Nothern Ireland the loans are interest free.
Cavity Fill
Retrospective injection of insulation into the cavity of a cavity wall to increase the thermal properties.
CDM Co-ordinator
The CDM co-ordinator has certain duties under the Construction (Design and Management) Regulations 1994. The duties include coordinating the health and safety aspects of design and ensuring that the pre-tender health and safety plan and the health and safety file are prepared. See ‘Construction (Design and Management) Regulations 1994’. Tuffin Ferraby Taylor offer CDM co-ordinator services from all offices.
Chartered Institution of Building Services Engineers, Lighting Guide 3 or ‘CIBSE LG3’
This is the current recommended direct lighting standard in open plan offices.
Chartered Surveyors Training Trust
The Trust recruits young people with a good standard of basic qualifications straight from schools and careers services. Contact your local careers adviser to find out if your school or college is affiliated with the Trust.
Collateral Warranty
A contract which grants a third party rights collateral to rights which exist under a contract entered into by two other, separate parties, such as a right to claim for breach of contract.For example, on a building project, the main contractor, sub contractor and consultants have a direct contract with a developer, but also enter into a collateral warranty with subsequent purchasers or tenants. See ‘Contracts (Rights of Third Parties Act) 1999’.
Composite Panel
Cladding panels consisting of a sandwich of insulation material, between an inner and outer metal skin. They have been used in the internal and external construction of commercial buildings, particularly food-related premises, for at least the last 20 years.Certain types of insulation used in the core of the panels are highly flammable and if there is a fire, it can spread very quickly between the metal skins. Many insurance companies are now declining to cover premises containing some types of composite panel. Tuffin Ferraby Taylor can provide a specialist review of these buildings.
Construction (Design and Management) Regulations 1994 (amended 2000) or ‘CDM Regulations’
These regulations place duties on all parties who contribute to health and safety on construction projects.Tuffin Ferraby Taylor provide a comprehensive professional service in all aspects of health & safety legislation, including planning supervisors, throughout our network of offices. We are also closely following the proposed revisions to The Construction (Design and Management) (CDM) and Construction (Health, Safety and Welfare) (CHSW) Regulations. See ‘Planning supervisor’.
Construction Joint
A joint made during the placing of concrete for convenience of working or to allow for shrinkage of bays.
Contingency Sum
A sum of money allowed to cover the cost of unforeseen items.
Contracts (Rights of Third Parties Act) 1999
This Act allows third parties to be conferred rights under a contract to which they are not a party. However, the burden of the contract cannot be conveyed to a third party under the Act. The Act applies to contracts entered into after 11 May 2000. For contracts entered into between 11 November 1999 and 10 May 2000, the Act only applies if the contract so provides. A third party may enforce the terms of the contract if:n The contract expressly provides for it, orn The term purports to confer benefit on the third party unless it appears that the parties did not intend the term to be enforceable by the third party. See ‘Collateral warranty’.
Control of Asbestos at Work Regulations 2002 (CAWR)
Legislation that provides an explict duty to manage asbestos. The duty is on all those who have responsibility for the maintenance and/or repair of non-domestic premises. See ‘Asbestos consultancy’.
Covenant
A written agreement (generally a clause within a lease) between two or more persons, whereby either party promises to perform or give something to the other or abstain from the performance of certain things, i.e. repair, reinstatement of alterations etc.
Crane Oversail Licence
A licence to allow a tower crane jib to oversail adjoining property. The licence will usually indemnify the adjoining property owners from any damage and may compensate them. See ‘Neighbourly issues’.
Cross Over
The driveway section outside the front of a building and in the public road.
Curtain Wall
A non-load-bearing wall, often of glass and steel, fixed to the outside of a building as a cladding.
Damp Proof Course (DPC)
A layer of impervious material placed in a masonry wall at floor or wall junctions to prevent the migration of moisture.
Damp Proof Membrane
A water and vapour proof membrane laid under solid floors and connected to the DPC to prevent the migration of water into a building.
Day One Insurance Cover
A modern and cheaper method of insurance reinstatement cover for buildings, avoiding the need to predict inflation over the year of cover (the last day being the worst case loss) and over to the period to demolish, redesign, procure and rebuild. The sum insured is based upon a professional Reinstatement Cost Assessment (RCA) at the last day of cover (Day One). Tuffin Ferraby Taylor have great experience in producing RCA’s. See ‘Reinstatement cost assessments’.
Defined-movement Area
An area defined within warehouses where material handling equipment (MHE) uses fixed paths, usually between high-level storage racking. Regularity of the floor is critical in these areas. See ‘Free-movement areas’.
Deleterious Materials
‘Harmful’ materials. When relating to buildings they generally include:n High Alumina cement (HAC)n Asbestosn Chloridesn Woodwool slabsalthough lists can be far more extensive.
Demise
This is the whole area included and governed by the lease.
Design and Build
A construction procurement method where the contractor is employed to design a building using predefined criteria and also build it. With this form of procurement, the contractor takes on the design and construction risks, however any client changes will attract a cost premium. There are slight variations on this procurement route, including ‘develop and construct’ and ‘design, build and operate’. The client should employ an ‘employers agent’ to manage the process. This is where collateral warranties are required from the design team to the client, future purchasers or tenants. See ‘Develop and construct’, ‘Design, build and operate’, ‘Employer’s agent’ and ‘Collateral warranty’.Tuffin Ferraby Taylor are experts in procurements routes and undertaking the employer’s agent role under design and build contracts.
Design, Build and Operate
A construction procurement method where the contractor designs and constructs a building as well as operating, maintaining and servicing the building for a pre-agreed fee once completed.
Develop and Construct
A construction procurement method where the client deisgns a building up to say, scheme design stage, and then the contractor takes responsibility to develop the scheme to detailed design and construct the building. See ‘Collateral warranty’.
Development Monitoring
This is the monitoring of the performance of a third party implementing a development/building project in accordance with the terms of a JV/Partnership or Funding Agreement.Tuffin Ferraby Taylor have completed numerous monitoring and managing projects for various parties including tenants and funding institutions.
Differential Settlement
The uneven settlement of different parts of a building.
Diffuser (lighting)
A device on a light fitting to scatter light and reduce glare.
Dilapidations
'Dilapidations' concerns properties that have fallen into disrepair, where the landlord or tenant has an obligation under their lease to carry out repairs or to meet the cost.The law relating to dilapidations is complex and often changes because of case law; but Tuffin Ferraby Taylor have specialists in each office to assist and give current advice whether you are a landlord or a tenant.
Dilapidations Liability Assessment
An assessment to assist a landlord or tenant in considering what liability there is likely to be for dilapidations to the demise. It may be used by a tenant who is considering surrending a lease or activating a break clause, and needs to assess the costs of meeting their dilapidations liability. The surveyor will consider the condition of the demise in relation to the repairing obligations in the lease and prepare a financial assessment of the likely liability and a strategy to mitigate a claim.
Dilapidations Protocol
A framework (set out by the Property Litigation Association) by which claims for dilapidations at the end of a lease should be handled. This is designed to encourage the parties to a dispute to exchange full information, in a bid to settle a dispute without the need for litigation.
Disability Discrimination Act 1995
This legislation aims to end the discrimination which many disabled people face. This Act gives disabled people rights in the areas of:n employment n access to goods, facilities and servicesn buying or renting land or propertySee ‘Access consultancy’.
Due Diligence Survey
An investigation or audit of a potential investment. Due diligence serves to confirm all material facts concerning a sale. TFT have vast experience of providing due diligence reviews of buildings and working with the ‘home team’ – client, solicitor, agent, engineers, environmental specialists, etc.
Employer’s Agent
Acting as an advisor for the employer under a Design and Build Contract. See ‘Design and build’, ‘Develop and construct’.
Energy Audit
An assessment of energy usage and wastage, giving energy saving recommendations.
A European Commission Directive to promote the improvement of the energy performance of buildings within the EU through cost effective measures; and to promote the convergence of building standards towards those of Member States which already have ambitious levels. Member States must implement the Directive by 04 January 2006.
Expert Witness
A person with a specialism, knowledge or skill in a subject, whom a court will accept to attest to facts and give an opinion. Tuffin Ferraby Taylor are experts in their field and can offer this service.
Faience
Glazed terracotta or China clay cladding to buildings, which was very popular in the 1920’s.
Fast-track
To accelerate and complete a project or task the quickest and most direct way.
Feasibility Study
A study to look at all the viable options for a construction project, including spatial requirements, costs, programme, risks and delivery strategies. Tuffin Ferraby Taylor have vast experience in the producing, coordinating or managing these studies.
Fenestration
A term for windows/glazing.
Fibre-reinforced Concrete
The use of synthetic fibres within an industrial concrete floor to either enhance the structural (load-bearing) capacity or to control shrinkage-induced cracking.
Financial Reporting Standard 12 (FRS12)
This is an accounting procedure that requires businesses to set out in their company accounts all assets and liabilities, including those of 'uncertain timing and amount'. Such liabilities will include a company's exposure to dilapidations on their leased property.
Fire Precautions Act 1971
Under this Act, certain types of premises are required to hold a fire certificate. Hotels and boarding houses require a fire certificate if sleeping accommodation is provided for more than six people or if they provide sleeping accommodation elsewhere other than on the ground or first floor. Factories, offices, shops and railway premises require a fire certificate if more than 20 people are at work at any one time or 10 people work elsewhere other than on the ground floor.The fire authority inspects the property and prepares the fire certificate.This legislation is being phased out. See ‘The Regulatory Reform (Fire Safety) Order 2004’ and ‘The Fire Precautions (Workplace) Regulations 1997 (Amended)’.
Freehold
An estate held in perpetuity.
Free-movement Areas
A distinct traffic area in a warehouse for material handling equipment (MHE). Free movement areas define that MHE can travel randomly in any direction. Regularity of the floor is not as critical in these areas as compared to defined-movement areas. See ‘Defined-movement areas’.
Full Repairing And Insuring (FRI) Lease
In this lease, the tenant is responsible for all repairs and insurance during their lease term. Anyone contemplating taking on a FRI lease needs to ensure the risks are fully reviewed by means of a building survey. See ‘Building condition survey’.
Fund Monitoring
The monitoring of a construction project on behalf of a person or company that is funding the development. See ‘Development monitoring’.
Glass And Glazing Regulations
There are numerous regulations and requirements for glazing within buildings. The main Regulations are Approved Document N of the Building Regulations 1991 and BS 6206:1981. Glazing panels can be tested by a number of ways such as photographic technique, Raman characterisation and laser scanning. A new method, which can test the glazing in place, is by light coupling and scattering. Tuffin Ferraby Taylor can provide further advice on glazing risk assessments either on its own or as part of a building condition survey. TFT have testing equipment to establish, on site, the thickness and type of glazing and advise whether it is appropriate for its location. See ‘Building condition survey’.
Gross External Area (GEA)
This includes walls, plant rooms and outbuildings, but excludes external balconies and terraces. This is fully defined in the RICS Code of Measuring Practice.
Gross Internal Area (GIA)
The entire area inside the external walls of a building and includes corridors, lifts, plant rooms, service accommodation e.g., toilets, but excludes internal walls. This is fully defined in the RICS Code of Measuring Practice.
Heads Of Terms
Statement of agreement setting out the principal terms of a commercial property transaction. It is the intention to make this document the basis of a formal contract.
High Alumina Cement (HAC)
Sometimes used as a rapid curing agent for pre-cast factory produced reinforced concrete components in 1950’s – 1970’s. Structural failures in the 1970’s due to this additive, have led HAC to be classed as a ‘deleterious material’.Tuffin Ferraby Taylor can arrange a risk assessment for HAC and obtain samples for the presence, and degree of conversion, of the material.
High Hedges
As part of the Anti-social Behaviour Act 2003, from 01 June 2005, people are able to take their complaint about a neighbour's evergreen hedge to their local authority. A high hedge must exceed two metres above ground level and affect the reasonable enjoyment of that property because of an obstruction of light. See ‘Neighbourly issues’.
Hoarding Licence
A licence for erecting hoarding that encroaches or projects onto another person’s land or a public highway.
In-situ
Refers to activities, elements and conditions performed or which are present on the actual building site.
Insurance Valuation
See ‘Reinstatement cost assessment’.
Interim Schedule
An interim dilapidations schedule is one served during the contractural term of the lease in contemplation of the remedy of any alleged tenant breaches. An interim schedule can only be served by a landlord if the lease is of 7 years or more in length, and has more than 3 years left unexpired. Also commonly known as a section 146 Notice under the Law of Property Act 1925.
Jamb
The vertical side of a door or window frame.
'Jervis v Harris'
A legal case whereby the lease contained a clause to "repair on notice", which was successfully operated by the landlord. This prevented the tenant from seeking relief under The Leasehold Properties (Repairs) Act 1938 - see "Repairs Notice" and section 18 (1) of the Landlord and Tenant Act 1927 will not apply. Similar clauses in subsequent leases are now referred to as "Jervis v Harris clauses"
Joint Contracts Tribunal (JCT)
This company produces standard forms of contracts, guidance notes and other standard documentation for use in the construction industry.A new suite of contracts (known as JCT 05) will be launching throughout 2005. This will provide revised and updated versions of the key building and construction contracts published by JCT, along with new contracts as and when they are issued. Tuffin Ferraby Taylor can advise on the best form of contract to use for a project and administer the terms of the contract on behalf of the employer.
Joist
A horizontal structural member spaced at regular intervals and supporting the floor, flat roof or ceiling.
Lagging
An insulation material for pipework. See ‘Asbestos’.
Laminated Beam
A beam made up of several layers of timber glued together.
Landlord
The owner of an interest in land/property who, in consideration of a rent or other payment, grants the exclusive possession of the whole or part of his land/property to another person by way of a lease or tenancy.
Leasehold
An estate in land held for a ‘term certain’ or on a periodic tenancy.
Lessee
The grantee of a lease. See ‘Tenant’.
Lessor
The grantor of a lease. See ‘Landlord’.
Let
1. To grant a lease or tenancy.
2. To award a contract.
Lintel
A structural member spanning openings (e.g., windows and doorways) to transfer loads.
Load-bearing
The capacity of an element in a building or structure to support a weight in addition to its own weight whether vertically or laterally.
Maintenance
The upkeep of a property.
Maintenance Asset Plan (MAP)
A report prepared on a single building, or a group of buildings which details the maintenance requirements, including replacement, over a specified period. Typically 5 or 10 years.Tuffin Ferraby Taylor offer comprehensive survey, management and strategic advice on maintenance planning and execution.
Material Assessment (relating to asbestos survey)
Laboratory analysis of suspected asbestos containing material. See ‘Asbestos consultancy’.
Mezzanine
An intermediate floor extending to a lesser area than the main floor, usually between the ground and first floors.
Mosaic Tessarae
Small glazed ceramic tiles used as an external cladding.
Move Management
The management of the physical office move from one premises to another (desks, chairs, computers and filing, etc.).
Movement Joints
Flexible joints installed into building elements to accommodate movement either initially after construction, or through seasonal movement.
Neighbourly Issues
Issues affecting neighbouring properties during construction work e.g., crane oversail and scaffolding licences, means of escape and other such matters. Also included are rights of light issues, high hedges and party walls.
Net Internal Area (NIA)
The internal area including entrance halls, kitchens and built-in units but excluding toilets, stairways, lifts, corridors and common areas. This is fully defined in the RICS Code of Measuring Practice.
Nickel Sulfide Inclusion
A defect in toughened glass that can cause spontaneous breakage in fully tempered glass. The defect, introduced during the manufacturing process, can incubate for months or years and then spontaneously occur. There are a number of ways to test glazing panels, such as photographic technique, Raman characterisation and laser scanning. A new method, which can test the glazing in place, is by light coupling and scattering.Tuffin Ferraby Taylor can provide further advice on glazing risk assessments either on its own or as part of a building survey. TFT have testing equipment to establish, on site, the thickness and type of glazing and advise whether it is appropriate for its location. See ‘Building condition survey’.
Nosing
1. The horizontally projecting edge of a stair tread.
2. A shield covering this edge.
Party Wall
A wall separating the properties of two adjoining owners, each of whom has certain rights.
Party Wall Etc. Act 1996
This Act provides a framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings. It enables development to proceed and is based on some tried and tested provisions of the London Building Acts, which applied in inner London for many decades before the Act came into force. Anyone intending to carry out work (anywhere in England and Wales) of the kinds described in the Act must give Adjoining Owners notice of their intentions. See ‘Party wall consultancy’.
Plastisol
This is one of many coatings that can be applied to cladding panels. Plastisol is a trade name plastic coating often seen on the roofs and wall cladding of industrial buildings. Such coatings can fail by ‘peelback’. Tuffin Ferraby Taylor have experience in identifying and dealing with this defect.
Portfolio Disposal
The sale of a group or number of buildings.
Project Management/Project Manager
The professional leadership role for the management of the project team, planning and management of time, cost and quality on a construction project.Tuffin Ferraby Taylor have vast experience and comprehensive knowledge of project managing all type of projects and property, under all procurement routes.
Provisional Sum
An amount of money allowed within a specification or quotation to cover certain work for which the full amount is not yet known.
PVCu
This is the European standard nomenclature for un-plasticised polyvinyl chloride. This material is used as framing for windows, as guttering, downpipes and a number of other building components.
Quinquennial Survey
A detailed survey of buildings that spans for, or recurs every five years. Traditionally linked to historic (particularly secular) buildings, these surveys are now completed on buildings of all types and within all sectors. The report identifies the needs of the building fabric, and prioritises recommendations for repair (and conservation works) over the following five years.
Refurbishment
The improvement and modernisation of a building.
Repairs Notice
A repairs notice (or 'Jervis v Harris' notice) records items of disrepair that have occured during the lease, and requests that the recorded disrepair is remedied. If the tenant fails to perform the repairs works within the timescale stipulated by the lease, the landlord can serve notice, then enter the property to undertake the repairs and reclaim the cost back from the tenant as a debt. The tenant is not able to seek the relief provided by The Leasehold Property (Repairs) Act 1938, and such a notice can be served at any time during the lease term.
Reinstatement Cost Assessment (RCA)
An assessment that represents the estimated cost of rebuilding a property following a fire or other similar disaster. This cost is used for insurance purposes.Tuffin Ferraby Taylor have vast experience in undertaking RCA’s for individual buildings or large portfolios.
RICS Guidance Note on Dilapidations
A paper, prepared by the Royal Institution of Chartered Surveyors, that provides surveyors with recommendations for accepted good practice as followed by competent and conscientious practitioners dealing with dilapidations matters.
Rights Of Access
A legal right of access over another owner’s land.
Rights Of Light
A legal right to ‘sufficient’ light to a property. Often mistaken for a right to a view or to sunlight.TFT can offer professional advice from all offices on rights of light issues and other neighbourly issues. See ‘Neighbourly issues’.
Safety Eye Bolts
Metal rings used for attaching harnesses for window cleaning or other maintenance work.
Scaffold Licence
A licence for erecting scaffold that encroaches or projects onto another person’s land or a public highway.
Schedule Of Condition
This is a written and/or photographic record of the condition of a property at a specific time, normally prior to the commencement of a lease. It is primarily used to limit the tenants repairing/reinstatement obligations at the end of the term so that they are only obliged to return the property at the end of the lease in the condition recorded in the schedule. It is normally agreed by the parties and must be appended to, and be clearly referenced within the lease for it to have effect.
Section 18 (1) of The Landlord and Tenant Act 1927
Limb 1 which can apply to claims during or after lease end, limits the level of damages that can be claimed by a landlord, which cannot exceed the diminution in the reversionary value of the property caused by breaches of the repairing covenant of a lease. Limb 2 of the same section limits any claim the landlord can make if they intend to substantially alter or redevelop the property at the end of the lease term.
Service Charge
A charge applied, pro rata, to the occupiers of a multi-let or multi-occupied property to cover communal areas and services.Tuffin Ferraby Taylor offer a specialist consultancy to review and advise upon any overcharging or abuse of service charges.
Space Planning
The organisation and design of the interior layout to suit the requirements of the occupier.Tuffin Ferraby Taylor are well positioned to provide this service because of their in-house expertise in building surveying, architecture and interior design.
Special Educational Needs and Disability Act 2001 (SENDA)
This Act establishes legal rights for disabled students in pre- and post-16 education not to be discriminated against in education, training and any services provided wholly or mainly for students. See ‘Access consultancy’.
Surrender
Where a landlord and tenant agree to terminate the tenancy agreement early.
Sustainability
Put simply, sustainability is providing the best for people and the environment both now, and in the indefinite future."Meeting the needs of the present generation without compromising the ability of future generations to meet their needs." (1987, The Brundtland Report, also known as Our Common Future, published by the World Commission on Environment and Development [part of the United Nations] in 1987). It deals with sustainable development and the change of politics needed for achieving that. The definition of this term in the report is quite well known and often cited).
Technical Due Diligence Survey
Commonly known as "Structural Survey" but a "Technical Due Diligence Survey" is an all encompassing inspection and report on the construction and condition of a property and its surroundings. As well as reporting on physical defects, it may also consider mechnical and electrical, legal, health and safety, statutory and environmental issues that affect or may affect the building.
Technical Report 34 (TR34)
Produced by the Concrete Society, this report is a guide to the design and construction of concrete industrial ground floors.
Tenant
A person, or persons, holding a tenancy.
Terminal Schedule
A terminal schedule of dilapidations is one prepared within the last three years of a lease, or shortly after the end of the lease term. This schedule will record all breaches of the tenants covenants to repair, decorate, reinstate alterations and comply with statute.
The Fire Precautions (Workplace) Regulations 1997 (Amended)
This legislation require business that did not need a fire certificate to conduct a fire risk assessment and broadly bought UK legislation into line with much of Europe. Amended in December 1999, to broaden the scope of the legislation to include businesses that had a fire certificate. This act will now be replaced by The Regulatory Reform (Fire Safety) Order. See ‘The Regulatory Reform (Fire Safety) Order 2004’.
The Regulatory Reform (Fire Safety) Order 2004 (RRFSO)
This Order received Parliamentary Approval on 07 June 2005, and is expected to come into force on 01 April 2006.The 'new' law is not in fact new; it will be a reformation of all the current fire safety law currently contained in over 100 separate pieces of legislation.The main emphasis of the changes will be to move towards fire prevention. Fire certificates will be abolished and will cease to have legal status. Under the RRFSO, the 'responsible person' for each premises will be required to carry out an assessment of the risks (risk assessment) of fire and take steps to reduce or remove the risk. Your risk assessment will have to take into consideration the effect a fire may have on anyone in or around your premises. This will need to be kept under regular review. See ‘The Fire Precautions (Workplace) Regulations 1997 (Amended’) and ‘Fire Precautions Act 1971’.
The Royal Institution of Chartered Surveyors (RICS)
One of the most respected and high profile global ‘standards and membership’ organisations for property professionals. They are an independent voice for property, accountable to both RICS members and the public. www.rics.org
Vacant Possession
An empty property, which can be offered legally for the exclusive occupation and use by the owners.
Value Engineering
A technique for improving value for money on a construction project. It involves subjecting the design proposals to systematic review at each stage of the design process (the concept stage, scheme design, and detailed design) to ensure that the final design meets user requirements, without over-specification, at the lowest possible cost.Tuffin Ferraby Taylor can offer this service either on an ad-hoc basis or as part of our project management services. See ‘Project management’.
Vapour Barrier
A vapour proof membrane to prevent the movement of moisture through building elements e.g., in a roof or in the wall of a timber framed building.
Vendor Survey
A detailed survey procured by the seller of a property for the benefit of a proposed purchaser(s). See ‘Collateral warranties’.TFT have vast experience in completing vendor’s surveys throughout the UK and Europe.
Woodwool Slabs
Porous and open matrix decking, unsuitable for use as permanent shuttering for in-situ concrete. Classed as a ‘deleterious material’ when used in this situation. The ‘fines’ in the concrete flow into the voids, leaving the aggregate and the reinforcement unbound. This can have structural and fire associated risks.