Incorporating Building Conservation Journal
Building Surveying Journal Legacy of exposure Assessing asbestos risk PG
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Learn from history
BUILDING CONSERVATION
Principles to apply when identifying defects in modern buildings
Design timeline puts building pathology into context
Transforming Manchester’s civic centre
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July/August 2015
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A DV E RTI S I N G
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C O NTENTS
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contents
Front cover: ©Shutterstock
4 The heart of the matter
CO N TAC TS
Editor: Barney Hatt T +44 (0)20 7695 1628 E bhatt@rics.org
Sharing experiences and knowledge helps building surveyors to stay ahead in understanding the causes of defects, says Alex Charlesworth
The Building Surveying Journal is the journal of the Building Surveying Professional Group
5 Pay attention
BU I L DI N G S URVE YING JOU R NAL
Advisory group: Gary Blackman (Malcolm Hollis), Alan Cripps (RICS), Chris Gibbons (Tuffin Ferraby Taylor), Brad Hook (National Energy Foundation), Mat Lown (Tuffin Ferraby Taylor), Patricia Newman, James Percival (Savills), Trevor Rushton (Watts Group), Andy Tookey (Baily Garner), Terry Walker (Walker Associates Ltd)
Defects in modern buildings are due to a failure to apply a few essential principles, argues Trevor Rushton
6 Learning from the past
The Building Surveying Journal is available on annual subscription. All enquiries from non-RICS members for institutional or company subscriptions should be directed to:
Geoff Hunt explains how using a timeline can lead to both an understanding of construction history and the early identification of defects
Proquest – Online Institutional Access E sales@proquest.co.uk T +44 (0)1223 215512 for online subscriptions or SWETS Print Institutional Access E info@uk.swets.com T +44 (0)1235 857500 for print subscriptions
8 Looking for clues
To take out a personal subscription, members and non-members should contact licensing manager Louise Weale E lweale@rics.org BU I L DI N G C O N S E RVAT ION JOU R NAL Editor: Robert Mallett T +44 (0)20 7695 1533 E rmallett@rics.org The Building Conservation Journal is the journal of the Building Conservation Forum Building Conservation Forum Board contact: Frank Keohane (Paul Arnold Architects) Published by: Royal Institution of Chartered Surveyors, Parliament Square, London SW1P 3AD T +44 (0)24 7686 8555 W www.rics.org ISSN 1750-1032 (Print) ISSN 1759-3387 (Online)
Roger Johnson explains how to determine whether cracks in low-rise buildings are significant
10 Legacy of exposure
John Richards looks at the factors to take into account when assessing asbestos risk
12 Taking control
Martin Davison discusses why building surveyors should identify and treat corrosion in reinforced concrete structures at the earliest opportunity
14 Who pays?
Vivien King considers service charges and building defects
16 Going rate
Mat Lown reviews the latest government plans to make buildings more energy efficient
18 Legal Q&A
Legal experts answer common queries
19 Applying the rules
Laurence Cobb looks at two recent cases showing how terms of work come under scrutiny when things go wrong
20 Letter of the law
In the first of two articles, Julia Dixon looks behind the acronyms to explain how recent planning laws are applied in England
21 Update 22 Gaining access
The Built Environment Professional Education project aims to make delivering an inclusive environment the norm not the exception, reports Julie Fleck
24 Home and dry
Chris Netherton describes drying techniques for flooded property
26 Insuring success
Ewan Craig talks to Alan Cripps about the competency of insurance
Editorial and production manager: Toni Gill Sub-editor: Gill Rastall Designer: Nicola Skowronek Creative director: Mark Parry Advertising: Emma Kennedy T +44(0)20 7871 5734 E emmak@wearesunday.com Design by: Redactive Media Group Printed by: Page Bros While every reasonable effort has been made to ensure the accuracy of all content in the journal, RICS will have no responsibility for any errors or omissions in the content. The views expressed in the journal are not necessarily those of RICS. RICS cannot accept any liability for any loss or damage suffered by any person as a result of the content and the opinions expressed in the journal, or by any person acting or refraining to act as a result of the material included in the journal. All rights in the journal, including full copyright or publishing right, content and design, are owned by RICS, except where otherwise described. Any dispute arising out of the journal is subject to the law and jurisdiction of England and Wales. Crown copyright material is reproduced under the Open Government Licence v1.0 for public sector information: www.nationalarchives.gov.uk/doc/open-government-licence
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OPINION The heart of the matter Sharing experiences and knowledge helps building surveyors to stay ahead in understanding the causes of defects, says Alex Charlesworth
T The theme of this issue is building pathology, which lies at the very heart of the building surveying profession. Our training enables us to play detective until the source of the defect has been identified. This may involve further opening up and investigation to discover the root of the problem. Once the cause has been identified, a cure is specified and implemented. As I have said on many occasions, it is right that this scientific skill is referred to as building pathology. Building pathology is not just about reacting to defects that have already occurred, but is also the ability to identify potential future defects through our understanding of how buildings and materials 4 J U LY/A U G U S T 2 0 1 5
react, which enables planned preventative maintenance. It is also important to maintain our knowledge of current issues as new technologies and methods of construction give rise to fresh problems. It is this last point that is perhaps the most important. Through articles written in the journal, you will find experiences shared, solutions aired and lessons learnt. This is where building surveyors thrive on their ability to laterally think around problems, and why events such as the RICS Building Surveying Conference remain popular and well attended. It is because we realise the importance of keeping fully appraised of the changes around us. Building pathology is seen as the building block of building surveying. It is the core competency that the Building Surveying Professional Group Board (BSPG) ensures remains on the agenda both from the educational perspective at universities, and also the Assessment of Professional Competence (APC). In the near future, we are likely to
see changes made to the APC as RICS looks at ways to streamline and adapt the method of testing to suit a more global platform. Rest assured that the BSPG will continue to represent the interests of the members, to ensure that the quality and standard of test is not watered down. The membership has generally remained stable, but with 50% of the membership aged over 50, we must encourage a more diverse generation of surveyors to join our profession.
Ripple effect The RICS Building Surveying Conference was held shorty before the general election. In my address I talked about the ‘ripple effect’, where we are starting to see large firms relocating from London to the regions. London based firms are finding it difficult to recruit and retain skilled staff, and with increased rents and business rate gaps, are moving to northern cities. A number of household names are considering a hub-and-spoke model, often referred to as north-shoring, retaining a small head office in London with supporting back office functions located in northern UK cities. The digital economy will continue to play an increasing part in regional office markets as the spread of accelerator facilities spawn new start-ups supported by the Government Tech City UK Initiative.
Change is really happening. Chancellor George Osborne used his first post-election speech to outline plans to shift power away from Westminster. A Cities Devolution Bill was included in the Queen's Speech, handing over decisions on housing, transport and planning to local authorities with elected mayors. This is far more than a ripple. It is an attempt to rebalance the economy throughout the UK, which should lead to investment in property to address the demands that will inevitably follow. I would be interested in hearing your views as to whether building surveying is seeing an uplift in enquiries in all parts of the UK. While the BSPG is seeking views directly from small practices in an opinion former meeting to be held shortly, the online survey is still live. Your views on fee levels, growth in membership, training, and what the BSPG can do for you really matter. This will help us formulate our strategy moving forward, so please do use this link. n www.surveymonkey. com/r/2Q3FVRG C
Alex Charlesworth FRICS is Chairman of the Building Surveying Professional Group BuildingSurveying ProfessionalGroup@rics.org
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Defects in modern buildings are due to a failure to apply a few essential principles, argues Trevor Rushton
Pay attention
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he past 25 years or so have seen massive changes in construction practice and materials. While craft skills still exist, modern building is a process of assembly; this may remove some of the inherent risks, but it also creates a whole new raft of problems with coordination and interfacing. In tandem, changes in materials, improvements in design methodology and exacting performance standards mean that buildings are becoming more finely engineered. But beware, the more finely engineered a structure, the smaller the margin for error. Older, heavyweight buildings were often thermally inefficient but many were robustly constructed and able to cope with both the extremes of weather and changing user demands; from office to hotel or residential, residential to office or leisure use, etc. Today’s lightweight construction is prone to movement and may not cope so well. It is easy to be critical of modern construction and suspicious of new materials. But remember, we only see surviving examples of ‘good’ older buildings; the poor ones have already been consigned to the scrapheap. No doubt many good contemporary buildings will still exist in 100 years or so.
“ More attention needs to be paid to basic performance constraints as well as coordination and the interface between different products
For building surveyors faced with unfamiliar methods and forms of construction, the question is how to assess their likely future performance. Will they continue to meet expectation or will they cost a fortune to repair and maintain? We certainly do not want to stifle innovation in favour of the tried and tested, but at the same time we need to be constructively pessimistic.
Defects Over the past year or so I have been involved with a number of building failures in modern buildings; all due to a failure to recognise and apply a few essential principles. I am not saying that defects can be eliminated entirely; part of the process of getting things right is in first getting them wrong. However, more attention needs to be paid to basic performance constraints as well as coordination and the interface between different products. In his book, Building failures: a guide to diagnosis remedy and prevention, Lyle Addleson summarises some principles that are worth remembering. For example, we know that most things conform more or less to the following basic constraints: bb Gravity: will cause things to move from high to low; for example, water working its way down a building will follow the likely path to the point of ingress. bb Temperature: will flow from high to low and vice versa. Think cold bridges, the correct location of insulation, the risk of heat loss and so on. bb Vapour pressure: water vapour in a high pressure area will gradually leak or diffuse to an area of low pressure; for example, moist air will move towards an area of dryer air creating condensation risks. bb Air pressure: will flow from an area of high pressure to an area of low pressure. Air movements through a glazing system are one of the biggest sources of leakage. bb Corrosion: other than gold, most metals require large amounts of energy to Image © Trevor Rushton
k Timber decay in an unventilated floor caused by a failure to adopt simple precautions transform them to a processed state. The resulting products are metastable and with environmental influence gradually revert back to their unprocessed state – the process of corrosion; in effect a transfer of energy from high to low. bb Differences: materials and products may co-exist but have different ranges of thermal movement and different levels of durability. They can be incompatible and need to be assembled – you cannot treat one thing in isolation from another. bb Control: Anderson also recommends making an allowance for uncertainty on the basis that the performance of materials and the way in which they are used is not always predictable. I have the advantage of being able to pick over the wreckage of failure, and learning from the mistakes of others is easy. The hard part is avoiding the mistakes yourself. Remember the basic principles and they will serve you well. C Trevor Rushton is Technical Director at Watts Group trevor.rushton@watts.co.uk
Related competencies include Building pathology, Construction technology and environmental services, Design and specification
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Learning from the past Geoff Hunt explains how using a timeline can lead to both an understanding of construction history and the early identification of defects
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Dating and categorising buildings is a basic skill that building surveyors need. It adds to the authority of advice and can help to identify potential problems. Applying practical solutions and putting risks into context adds the value clients seek and helps to develop an appropriate fee income. Our predecessors built shelters out of whatever material was at hand. No one wanted to be cold, wet or unprotected. Buildings have also reflected wealth, power and status, whether that be a chimney, large panes of glass or new PVCu windows. The fundamental desires stay with us today in the drive to build better, faster and more cheaply. But by understanding how common defects are repeated, the surveyor can also approach modern buildings and technology with a keener eye. Over the past 600 years of UK construction, there are two key essential factors that separate earlier buildings from more modern ones: design and finance. Builds from about 1700 demonstrate the hand of master craftsmen with the emergence of the larger, more expensive property commonly described as ‘polite vernacular’ introducing aesthetic features such as symmetry, porches and built-in chimneys. From the 1800s, the vernacular gave way to architectural design and, again, was most evident in large villa houses. Speculative builders were the main drivers of procurement where speed of construction and fashion lead the way. By the 1900s 6 J U LY/A U G U S T 2 0 1 5
most houses were built by design and by contracting firms backed by finance. This gave rise to uniformity and efficient methods of building.
The advent of style With the advent of architecture, categorising buildings becomes more complex. Style became the defining category for buildings, pinned to recognisable eras of monarchy. The Regency terraces, the Georgian circus, and the Victorian Gothic are typical examples. The timeline (see Table 1) shows the development of vernacular features and the styles of architecture in their historical context and highlights that all these factors merge and blend, the Victorians did not suddenly decide to build differently from the Georgians. To understand buildings it is important to know what materials and events were influencing designers and builders. In most generations of homeowners, the general pattern of expansion is to extend to the back then to the side, up, and finally a new roof. Roof lines are the true definition of the expansion of a house as they tell you where the load bearing walls are. You can trace the history back via extensions and get to the core of the building. The ability to adapt is probably the most important aspect of defects assessment because modern expectations can sometimes be at odds with the fundamental way the building was constructed.
Modern defects Today we design by computer. The main problem is that the detail and complexity is seldom understood by the operatives. The reduction in skilled supervision means that onsite problems are not being resolved. With the advent of computer-based costing and maintenance – i.e. building information modelling – there is a potentially large gap between what the computer records
as built and what is actually built. Insulation continuity is a rising problem with cold spots and interstitial condensation causing mould. The DIY wet room is often poorly detailed and extractor fans with flexible hoses often do not perform as the manufacturer claims. This matters because the surveyor needs to communicate with a wide variety of specialists, such as lawyers, architects, engineers, insurers, conservation officers and client representatives, to achieve a successful outcome and meet the expectation as the specialist who knows the most about the whole building. This positioning requires a rounded knowledge. By developing a timeline it is possible to form a map which, in a simplified form, acts as a consistent reference. Used as a navigational aid it is possible to research specific areas that help build a comprehensive picture of the types of buildings a surveyor may be dealing with, which may be outside their experience. By returning to the basic chart, the knowledge base can be added to in context. C
More information > For details of the architectural timeline visit www.Geoffrey-Hunt.com
Geoff Hunt is a Chartered Building Surveyor, specialising in pre-war and listed building surveys, and building pathology, and author of Residential building defects, published by RICS Books geoffrey.hunt@ricsonline.net
Related competencies include Building pathology, Inspection, Conservation and restoration
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Table 1: The timeline links key events in particular styles and suggests typical defects for each era Style / period
Key events / features
Key problems / knowledge base
Common to all
Some defects span many generations of properties and the surveyor should take these into account when looking at older properties. Modern applications are starting to become prominent defects in period properties.
Penetrating and rising damp, salt contamination, cracks going below ground, wood boring larvae, timber rot, introduction of showers, functionality of extract fans, DIY work, heavy roof tiles, the addition of insulation without proper assessment. Clash of modern technology and older techniques. Over restoration. Poor IT cable installation.
Georgian terrace. London. Bath, Manchester, Cheltenham etc. 1710–1820 Main influence was Classicism from Rome and Greece. Elegance and symmetry, with grand staircases and tall 194-304 years rooms. Roofs become shallow and parapets become old popular. Chimneys move to party walls. Walls project above Check whether roof lines. UK produces its own pantiles and Welsh slate the building is is popular. Cylinder glass is cheaper and sash windows go from 6 over 6 to 4 over 4 pane. Most houses still using listed lamps and candles. Dressed stone, brick and stucco is fashionable. Lime is the main material for plasters and mortars. Facades were attached to rural buildings. From 1707 windows were set back from the face. From 1779 they were set back and behind the facade. The industrial revolution makes materials universally available and industrial buildings become larger with large spans.
Sought after style but very costly to maintain especially if the property is listed. Know the different classic orders. Doric, Ionic and Corinthian. Internal gutters cause blockage problems. Material and build quality was inconsistent. Georgian facades are thin and not always pinned back. Internal timber stud walls are often loadbearing. Original lead would not be welded. Metal corrosion is common. No robust damp proofing techniques used.
Victorian era 1830–1900
Asbestos becoming more commercially available. Early types of cavity wall and DPCs were introduced but the tying in of the front wall was still problematic. Foundations often shallow. Concrete lintels can cause cold spots. Cement mortars and gypsum plasters started to take over from lime. Often badly converted to multi-occupancy creating condensation problems.
Georgian era
Extended success from the industrial revolution with new mass produced elements and engineered frames. Swags and laurels on facades give way to repetitive 114-184 years geometric shapes made from repeating elements. The old Gothic becomes popular with steep clay and slate roofs, stained glass and tracery. Brick walls evolve from solid to The cavity and damp-proof courses are introduced. Victorian engineering houses look heavy and are generally over engineered. era Regency and Queen Anne style was still an influence. Sliding sash with 2 over 2 panes then 1 over 1. The bay window and tradesman’s entrance were popular. Red brick back-to-back terraces with paired front doors is a typical style. Heated mainly by coal but usually with plumbing. The Victorian style was often overlaid on older buildings giving a false sense of robustness.
Edwardian and The classical Edwardian house is a combination of the inter war. twin bay large gable semi with arched door way rendered 1900–1940 finishes, lattice sashes and terracotta features. Rows of broad urban streets developed. Up to and between the wars 74 -114 years lighter ‘modern‘ styles from Europe emerge, e.g. deco, but old a strong UK liking for the arts and crafts movement was preferred for social housing. Concrete, steel, asbestos and The golden plastics all become better understood and detailed. Single era of the pane sashes replaced with elongated and metal framed tradesman windows. Heating was by coal or oil with some central heating. The back door, through lounge and garage were considered aspirational and elitist.
Evidence of era related risks and defects Beams where walls should be, leaning external walls, reduced thickness of walls, cracks in corners, indeterminable route of rainwater, presence of vaults, springing at the edge of floors by external walls, parapets, converging cracks on ceilings, too few sockets, rotten sashes, lead tanks, poor water pressure, missing featured pieces. Bomb damage.
Evidence of era related risks and defects Unauthorised roof and rear extensions, stress in window openings, combination of solid and hollow ground floors, beams where walls should be, cavity walls looking like solid walls, movement in bays, conversion of coal houses to bathrooms, too many sockets, hollow plaster, no access to drains, closed chimneys, concrete tiles, removal of vents, no party wall in roof, neighbouring alterations, patios and drives raising ground levels. The cavity wall and basic building technology was better understood, equally by designers and tradesmen, making the interwar semi one of the most well built structures in the UK. Asbestos, lead paint and cement additives made for hazardous materials that now need careful control. Evidence of era related risks and defects Blown renders, horizontal cracking, unauthorised roof and rear extensions, built over drains, gas pipe routes, asbestos tanks, concrete roof tiles, lack of roof ventilation, old fuse boards, old back boilers not decommissioned, fibre panels to walls and ceilings, block paving.
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Looking for clues
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Roger Johnson explains how to determine whether cracks in low-rise buildings are significant
In their book, Cracking and building movement, Dickinson and Thornton state: “It is estimated that surveyors and engineers make more mistakes interpreting the significance of cracking in buildings than anything else.” Yet building surveyors are often called on to comment on cracks in low-rise building in the course of their work. Most buildings exhibit cracks at some time during their service life: a symptom of distress within the fabric. Often, it is of little consequence and once established as static, simple filling or repointing is all that is required. However, a crack may be the first sign of a serious defect, which may affect the serviceability or the stability of the building. The appearance of cracks can also affect the value of the building, as well as its insurability and saleability. It can also be the subject of litigation. Correctly assessing the significance of cracks is therefore essential. However, it is a far from a simple task and is often a subjective exercise. The implications of an incorrect assessment can be expensive 8 J U LY/A U G U S T 2 0 1 5
and cause unnecessary remedial work that could even exacerbate the problem. It is important to develop a systematic approach so that any action taken is appropriate. Although it should not be followed rigidly because each case will differ on its merits, the following methodology provides an example of how to gather information and assess the significance of cracks.
The initial inspection The first stage is the initial inspection and it is important to avoid giving opinions under pressure from the client or anyone else. Stand back; look at the whole building from a distance then walk round it. Note the condition of adjoining buildings and other features such as trees. Always work from the general to the particular. Identify any alterations that may have affected the structural integrity. Note the age of the building and whether any extension or part demolition work has taken place. Always be suspicious of how a building is constructed. Recent decorations may conceal existing cracks (see Figure 1). The pattern of the cracks should be studied. The majority of low-rise buildings in the UK are constructed with masonry, which is weak in tension. Cracks therefore generally manifest perpendicular to the line of force, although these can be distorted by the relative
stiffness of the building materials. Cracks will tend to follow lines of weakness, for example cracks in a wall panel will usually occur around openings such as doors and windows (Figure 2). The construction materials should be noted and the age of the cracks determined, if possible. The building owner or occupier may be able to provide information. Old cracks often have weathered edges and are filled with debris and cobwebs. Some are of uniform width, others
taper. The direction of the taper should be noted. Cracks caused by shear forces tend to leave lumps of debris attached to one side. Occasionally, cracks will occur due to compression. There may be insufficient information to fully diagnose the cause of cracking at this stage but it can help to develop a conceptual model that links symptom with cause. This will point to how the building is behaving and assist in formulating a strategy for moving the
m Figure 1: There is clear evidence that this crack has been filled before, probably with cement mortar. The wall appears to be uncoursed rubble stone laid originally in lime mortar. The repairs to with cement mortar can alter the manner in which the wall behaves. m Figure 2: The foundation appears to be subsiding due to action of the tree roots. The line of force is diagonal and the cracks are appearing perpendicular to the line of force. As the cracks follow the line of weakness the cracks occur through the window openings. m Figure 3: The crack widths should be measured and their characteristics plotted onto a drawing.
Images © Avongard
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Table 1: Crack matrix Cyclic
Static
Progressive
Aesthetic Serviceability Stability
k Figure 4, 5, 6: Different types of low-rise building cracks investigation forward. The model should be reviewed and amended throughout the process.
The crack survey The next stage is to undertake a present condition survey. The crack widths should be measured and their characteristics plotted onto a drawing or sketch of the building in millimetres (see Figure 3). Photographs are also useful. Cracks on the other side of the wall may be denoted with a broken line. The arrows indicate increase in widths of cracks. Monitoring should be started as soon as possible. The longer the monitoring period, the more data will be available for diagnosing the cause. The monitoring should continue throughout the data gathering, the investigation and the remedial work.
The next step is to decide the type of equipment to use. Proprietary gauges, or ‘tell-tales’, are an inexpensive, easy to install method. They should be of a tried and tested type manufactured to ISO 9002. Good repeatability and reliability is essential. The proprietary gauge is calibrated in millimetres and can detect the opening or closing of a crack in both the horizontal and vertical directions. For higher resolution monitoring, precision calipers may be used which can achieve an accuracy of 0.1mm. Throughout the crack monitoring period, further information can be gathered. This may include reference to the history and geology of the land on which the building is constructed. Boreholes, trial pits, drain tests may be required if
foundation subsidence or settlement is suspected. If chemical reaction appears to be the cause, samples of material should be taken for laboratory testing. There are numerous possible causes of cracking; including: bb foundation subsidence or settlement bb incompatibility of building materials bb chemical reaction of materials bb thermal movements bb changes in moisture content bb structural instability.
Significant cracks Using a decision matrix will not eliminate the need to identify the cause of the cracking but it will result in a more rational and consistent approach to remedial work that reflects the severity of the cause. Is the crack only aesthetic, or is it affecting the serviceability or stability (see Figure 4)? In Figure 5, the crack width adjacent to the window frame is about 60mm. Clearly, the building is no longer watertight and the thermal insulation is being compromised. In time, the
construction materials will degrade. Alternatively, is the cracking affecting the stability? In Figure 6 the panel of wall on the left of the crack is leaning outwards. There is only minimal lateral restraint at the gable and first floor. This section of wall could be categorised as unstable. Using the data collected so far, tick the appropriate box on the matrix (see Table 1). This focuses the mind on the significance of the cracking. For example, if the cracking is found to be only aesthetic and static, the remedial work is usually simple and inexpensive and there is no need for further monitoring. If the cracking is aesthetic and progressive the remedial work may be complex and expensive. b
More information >
This article is an extract from material used in a full day interactive workshop organised by Avongard on Crack diagnosis in low-rise buildings. www.avongard.co.uk ➢ Cracking and building movement by Dickinson and Thornton is available from RICS Books
Roger Johnson is Technical Director at Avongard roger.johnson@avongard.co.uk Related competencies include Building pathology, Construction technology and environmental services
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John Richards looks at the factors to take into account when assessing asbestos risk
Legacy of exposure
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oncern about materials used in construction can at times go full circle, typified in the changing approach to asbestos. The uniqueness of the naturally occurring fibrous mineral stems from its microscopic fibrous structure and its resistance to both high levels of heat and chemical attack. Documented use can be traced back to the Roman Empire with archaeological evidence of asbestos as a caulking material as early as 300BC. In the UK, the use of asbestos in the construction industry began in the late 1800s and peaked post war. From the 1930s to the 1970s asbestos was regarded as a material with unrivalled properties for insulation. Its role in the prevention of fire spread was endorsed in architectural reviews and by bodies such as the London County Council, and its successor the Greater London Council. Today, asbestos-containing materials are present in myriad forms, in more than 3,000 products.
Exposure The early use of asbestos almost certainly saved lives but the benefit has been more than offset by the legacy issues it has created. The material was only prohibited in the UK in late 1999, meaning there is over a century of use. From a regulatory perspective all buildings built prior to 2000 must therefore be regarded as potentially asbestos-containing and managed in accordance with a stringent list of requirements to ensure that any risk from asbestos is effectively controlled. It is generally acknowledged that over 75% of the UK’s schools contain asbestos. The dangers are reflected in the UK’s annual asbestos death toll. Asbestosis is a chronic disease associated with high levels of exposure, typically in the processing/manufacturing or handling industries. Deaths associated with asbestosis are slowly declining and are currently fewer than 500 per annum. But it is currently estimated that 2,000 deaths 1 0 J U LY/A U G U S T 2 0 1 5
occur annually due to asbestos-related lung cancers. Over the past 20 years, mesothelioma has emerged as a main concern, affecting not only those in occupational contact but those who have been exposed to low levels of asbestos. The number of deaths has increased significantly from 158 in 1968 to 2,535 in 2012 and the figure is still rising (http://bit.ly/1F3QbTC). The UK has the unenviable title of having the highest levels of mesothelioma in the world, losing more people to the disease each year than are killed in road accidents. The combined death toll from asbestosis, asbestos lung-related lung cancers and mesothelioma currently exceeds 5,000 deaths per annum, despite research suggesting the peak in deaths should already have occurred. Asbestos fibres are bio-persistent. The properties that led to the material’s use also prevent it being broken down by
the body’s defence mechanisms for long periods of time. Emerging theories suggest that long-term exposure to very low levels of asbestos may present the same risk as short duration highlevel exposure due to bio-persistency. This may best be exemplified by the increasing numbers of teachers contracting mesothelioma.
Fibre release Many buildings constructed before 2000 are likely to contain asbestos. Some products contain high levels of fibres such as lagging and sprayed asbestos, while others have a lower content such as floor tiles and textured finishes. In poorly maintained buildings, asbestos materials will degrade and hence may release fibres. Understanding this risk is complex. A degraded material with high fibre content such as sprayed asbestos presents a high risk, but its location is a major factor in the outcome. In a plant Images © Thames Laboratories
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m The early use of asbestos almost certainly saved lives but this has now been more than offset by legacy issues
room, exposure risk to general building users will be minimal, however if the location is a return air plenum the number of people affected could be considerable. The challenge to those who manage or occupy properties is determining the risk, of which our understanding is far from complete. In friable material such as sprayed asbestos or asbestos insulation and asbestos insulation board, even minor disturbance can result in the significant release of fibres. These materials would generally be regarded as high risk and their presence can have implications on the day-to-day management of properties. I recently visited a small industrial unit where poor removal of a sprayed asbestos ceiling has resulted in considerable contamination, and a likely ÂŁ250,000 removal cost for the occupier. At the other end of the risk scale, floor tiles where the asbestos has been
incorporated in the manufacturing process present little danger during removal because the fibres are bonded within the tile matrix.
Removal The process of removal and the condition of a material can affect the potential risk. For example, asbestos cement sheets in good condition would generally be regarded as low risk. If the material can be removed whole this would not affect its friability because the fibres are bound within the matrix. If, however, the sheets are damaged during removal then the friability of the material and the level of control needed will increase. The same applies if the sheets are weathered and degraded. This concept of friability has resulted in the development of three classifications. Where work involves the highest risk, most friable materials, only contractors licensed by the Health and Safety Executive can
be used, with all works notified to the appropriate enforcing authority. For low-risk items that can be removed intact, the only requirement is for the use of appropriately trained and insured contractors. The middle ground of materials where the friability is moderate and the levels of fibre release will be increased by the works are termed notifiable non-licensed works. The requirements for control sit between licensed and non-licensed work but the contractor must notify these works. The presence of most asbestos materials in a building does not mean that it will have a detrimental impact on the property. If maintained in a good condition asbestos materials present negligible additional risk. The challenge is ensuring the materials are identified and correctly managed. The presence of higher risk asbestos items within a building should be considered, because disturbance could impact on day-to-day operations and indeed the general operative costs. Where properties containing high risk or large quantities of asbestos are being considered for redevelopment or demolition it is important to ensure that adequate information has been obtained as early as possible. The European Parliament has begun discussions on establishing an acceptable environmental level for asbestos exposure. The proposed threshold will apply to all buildings and is considerably lower than the level currently deemed acceptable. The implication is that such a limit may have a direct impact on properties where higher risk friable materials are present. b John Richards is Director at Thames Laboratories john@thameslabs.co.uk
Related competencies include Building pathology, Health and safety
J U LY/A U G U S T 2 0 1 5   1 1
RICS B UI L D I N G SU RV E YI N G J OU R N AL
B U I L D I N G PATH O LO G Y
Taking control Martin Davison discusses why building surveyors should identify and treat corrosion in reinforced concrete structures at the earliest opportunity
C Chloride (salt) induced or carbonation corrosion of reinforced concrete buildings costs billions of pounds in repair and maintenance worldwide to keep the structures safe and functional. From commercial office blocks and multi-storey car parks to large highway bridges and coastal infrastructure, these corrosion agents attack to the point where demolition and loss of the structure can be an unfortunate reality. Even before this, progressive degradation of a structure can result in loss of income and seriously affect the asset value. Also, if parts of the building become unsafe, health and safety issues can produce unwanted bad publicity and thereby create the potential for a disgruntled tenant. However, with timely intervention the corrosion can be brought under control by implementing cathodic protection techniques.
Tell-tale signs Generally, when steel corrodes it expands and exerts a tensile force resulting 1 2 J U LY/A U G U S T 2 0 1 5
in delamination and spalling of the concrete cover, in effect an early warning that should be heeded. One of the most common causes of steel reinforcement corrosion on multi-storey car parks is de-icing salts, picked up from the roads on car tyres during the cold winter months. Chlorides are deposited on the surface of the structure and find their way through the pores or defects (cracks) in the concrete cover to the steel. The acidic agents destroy the naturally occurring protective passive layer on the reinforcing steel generated by the high alkalinity of the surrounding concrete material. This loss allows a corrosion cell to form (anode and cathode) on the steel. Once this happens, electrochemistry takes over and corrosion propagates. If left unchecked, complete loss of steel section will result. Carbon dioxide (carbonation) is another acidic corrosion agent. Found naturally in the atmosphere, it reacts with water to form carbonic acid which neutralises the protective alkaline compounds in the concrete. This is a slower process and generally less threatening to the integrity of the structure. Coupled with chloride contamination, it can exacerbate the attack by freeing up bound chlorides in the concrete –
acting as a sort of lubricant in the process. With all the structural implications this creates, chloride corrosion should be viewed as a serious threat and a strategy for dealing with it when it occurs is imperative.
Testing the structure As soon as spalling has been noticed on a structure, testing should be considered to establish the causes. Concrete Preservation Technologies (CPT) has produced a guide for surveyors and engineers to demonstrate the importance of obtaining meaningful reports and evaluations when assessing structures for effects of steel reinforcing corrosion to ensure that the appropriate remediation option is applied. Half cell potential testing, which measures the potential
k Corroding steel in concrete Images © Martin Davison
difference in steel by replicating two halves of a battery, is one of the common tests used by CPT when undertaking surveys. One half is the measuring electrode cell and the other is the steel – the concrete material acting as the electrolyte. The electrode is moved along the surface and measured at given intervals so that a map is formed of the differing potentials in the steel. A more negative reading (using conventional testing procedure) would be indicative of local corrosion activity. At the same time, samples of concrete can be taken and tested at the laboratory to corroborate the findings of the half cell analysis. Further tests for carbonation can include spraying recently broken out concrete with phenolphthalein indicator and noting the changes in colouration. Armed with the test results, the corrosion engineer can make an objective assessment of the structure and formulate the most efficient and cost effective mitigation treatment by targeting the areas where protection is needed most. It is important not only to consider any refurbishment works that will be required but also that whole life care costs are accounted for. This is where the installation of a cathodic protection system can be advantageous in protecting the integrity of the structure.
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l DuoGuard (hybrid) anode installation
Cathodic protection If patch repairs are planned, you will need to protect against further corrosion from the incipient anode effect. This effect is caused by the concrete repair process itself where the high alkalinity material negates the previous positive effect of the corroding steel on the surrounding area. The area around the patch is typically still surrounded by residual chloride ions and becomes an anode. This causes corrosion of the steel
and eventual delamination of the concrete cover material. By placing sacrificial anodes such as CPT’s PatchGuard around the perimeter of the patch repair a protective current is created to counter the incipient anode effect. This anode corrodes in preference to the steel while hydroxides are produced that help to maintain the protective alkaline environment around the steel. This electrochemistry will protect the structure from further corrosion for up to 20 years.
k PatchGuard anode being installed at the edge of the patch repair area
k Concrete deterioration caused the collapse of Pipers Row carpark
One of the advantages of sacrificial anodes is that they require no power source, acting like a battery with surrounding concrete material as the electrolyte. They are also responsive; they only deliver current when environmental conditions change or when further corrosion agents are introduced. Submerged into the concrete material, they can be a ‘fit and forget’ solution, although they can easily be monitored if required. Located into the parent concrete, a PatchGuard installation offers a large sphere of influence over the reinforcing steel giving effective protection to the structure. Bonding primers and high resistivity repair mortars can also be used without any deleterious effect on the performance of the anode. If a longer term treatment is required then an external power source can help to deliver more charge to the steel. This is referred to as impressed current cathodic protection. CPT uses a hybrid (two-stage) sacrificial anode called DuoGuard, which is installed into the contaminated areas of concrete and connected in groups to a power supply. Just a couple of connections are required for a circuit of up to 200 anodes. In the first phase, an initial charge
of 50kC is delivered using a temporary power source, which produces alkaline hydroxides at the steel helping to reinstate the all important protective passive layer. The hybrid anode then reverts to the galvanic mode (sacrificial anode), which can protect the steel for up to 50 years. Being totally responsive to the local environment around the steel, no expensive control systems are required to operate the system. The anodes act like individual mini batteries, which are self-contained and only produce current when required thus conserving the anode material. Both the PatchGuard and DuoGuard anodes have been installed on structures in 11 countries around the world. In the UK, clients have included Shell UK, Network Rail, ING Real Estate, Legal & General, Willmot Dixon, Hammerson and the Highways Agency. b
More information >
Concrete Preservation Technologies offers a free fully registered CPD presentation for corrosion prevention. For a free surveyors guide, visit www.cp-tech.co.uk Hybrid corrosion protection of chloride-contaminated concrete http://bit.ly/1ty8dfi
Martin Davison is UK Technical Sales Manager at Concrete Preservation Technologies martin@cp-tech.co.uk
J U LY/A U G U S T 2 0 1 5 1 3
RICS B UI L D I N G SU RV E YI N G J OU R N AL
LEGAL
Vivien King considers service charges and building defects
Who pays?
C Corroding steel beams in a Victorian building in Barnet went unobserved until one failed in 2008, threatening to tip a parapet wall into the road below. Emergency works were conducted to remove the most dangerous section but inspections of other steel beams at the building were not undertaken immediately. When investigations were conducted, it became apparent that all the steel beams required replacement. The landlord of the building's 18 flats and nine retail units had given a covenant to keep the structure of the premises in repair: costs so incurred were to be met by the tenants pursuant to a service charge. The necessary works were conducted over five phases. The tenants claimed the delay and phasing of 1 4 J U LY/A U G U S T 2 0 1 5
the works led to increased costs. The Leasehold Valuation Tribunal agreed – a decision overturned by the Upper Tribunal (see Daejan Properties Ltd v Griffin & Anor [2014] UKUT 206 (LC)). Each case will depend on its own very particular facts and circumstances. What the case does raise, however, is the question ‘who pays’ for a building’s defects in the service charge arena?
The lease Obviously the first port of call is the lease. For what is the landlord responsible and for what does the tenant pay? Repair and where beyond economic repair, replacement of the building’s fabric, plant and equipment within it are common but each case will turn on the very specific wording and effect of the service charge provisions. Remaining with ‘repair’: no liability will arise until there is deterioration from a previous physical condition (see for instance Post Office v Aquarius Properties Ltd (1987) 54 P&CR 61). But once identified, can the landlord delay before undertaking works?
Before attempting to answer that question, one needs to side track and consider whether the relevant premises are leased for commercial or residential purposes. If residential, the Landlord and Tenant Act 1985 becomes relevant. Its provisions are complex and time consuming, requiring consultation, the giving of information and notice and compliance with the requirement of reasonableness. These are essential before a landlord of residential premises can pursue a claim for service charges. However, whether the premises are commercial or residential, the question of reasonableness will arise. It may come from the wording of the lease itself – a landlord may be required to use reasonable endeavours in complying with its covenants. Or the tenant may raise the word when alleging the landlord has delayed in conducting works as happened in Princes House Ltd v Distinctive Clubs [2007] EWCA 374. If works to the defective roof had been conducted in a reasonable time, the service charge would have been capped thus leaving the landlord with a shortfall. Neither the judge at first instance nor the Court of Appeal found the landlord had acted reasonably in delaying works. Image © Shutterstock
Historic neglect Historic neglect, i.e. “a contention that the service charges were higher than they ought to have been because of the [landlord’s] failure to repair in a timely fashion (historic neglect)”, was raised in Waaler v London Borough of Hounslow [2015] UKUT 17 (LC). The tribunal did not agree with the tenant’s claim and refused leave to appeal on the point (although other issues were taken to the Upper Tribunal). However, returning to the unobserved, Victorian corroding steel beams. The point was no one knew of their deterioration until a beam failed. No ‘fault’ was alleged against a third party (e.g. a surveyor for a negligent survey or a contractor for poor workmanship or inadequate materials) or damages claimed and no insurer was called on to pay the costs. Because the remedial works fell within the landlord’s repairing obligations and there was no disagreement as to when the beams reached a physical condition where replacement became necessary, the cost of the works fell to the tenants. C
Vivien King is a consultant to Malcolm Hollis vivienking@malcolmhollis. com
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Glass for period windows
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DUCHY of CORNWALL Project / Senior Building Surveyors London SE1 / Bournemouth Competitive salary, bonus and excellent benefits.
P H Warr plc are growing and looking to appoint Project and Senior Building Surveyors to join their London and Bournemouth teams. The successful candidates will be working with some of the most prestigious companies in the industry on exciting developments within the public and private sector including residential, leisure, healthcare and commercial. RICS and Investors in People accredited, P H Warr are committed to providing their people with excellent training and career progression opportunities and will fully fund, support and encourage their people to maintain / achieve MRICS status. For more information and to look at all Surveying vacancies across our offices in the UK, please visit www.phwarr.com. To apply, please send your CV to opportunities@phwarr.com.
Building Surveyor £35,000 - £40,000 per annum Isles of Scilly
A vacancy has arisen for a new post within the building surveying team based on St Mary’s, Isles of Scilly (off the coast of Cornwall) for a Building Surveyor to work as part of a small team responsible for the delivery of all built environment maintenance, refurbishment and new build projects. You will be able to assist in the design and implementation of new and conversion projects, ongoing maintenance programmes and statutory compliance procedures across residential and commercial property types on a diverse estate. You will need to be comfortable with the Duchy’s design ethic, which aims to complement vernacular design with the use of local materials where possible. You will be a fully qualified member of RICS, CIOB (or similar) with at least 5 years’ post qualification experience. You will have experience in producing high quality and technically proficient architectural drawings with all necessary detailing for construction, using AutoCAD 2007 LT. Good working knowledge of Microsoft Office package (Word, Excel, etc.). This is an exciting opportunity for employees who wish to work in an extraordinary environment. Support with the costs of relocation are available and the Duchy strongly encourages continued professional development and integration with its mainland estates. For further information please visit the website. To apply, please submit your CV along with a covering letter to the HR Manager: recruitment@duchyofcornwall.org Closing date: Friday, 7th August 2015.
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RICS B UI L D I N G SU RV E YI N G J OU R N AL
S U STA I N A B I L I TY
Going rate Mat Lown reviews the latest government plans to make buildings more energy efficient and outlines how building surveyors can help to achieve this goal
O
On 26 March, The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (http://bit.ly/1bxnsOC) brought into force the minimum energy efficiency standard (MEES), introduced by the UK government to meet its obligations under the Energy Act 2011. This is a significant step forward in the drive to make the country’s buildings more energy efficient and to reduce carbon emissions from the property sector. The minimum standard applies to both domestic and non-domestic property from 1 April 2018. From that date, a landlord will be unable to let an F or G Energy Performance Certificate (EPC) rated commercial property (known as a sub-standard property). The regulations not only apply to lease renewals (where an EPC exists), but also to sub-lettings, capturing tenants who wish to dispose of unwanted space. From 1 April 2020, the regulations become more onerous by applying to all property leases (where an EPC exists). Initially, the regulations apply to landlords of domestic properties and from 2023, landlords of non-domestic properties must also comply. Furthermore, the government proposes to review MEES in 2020 and so the standard may tighten.
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Exemptions Some F and G rated properties fall outside of the scope of MEES, including those that are not required to have an EPC under the Energy Performance of Buildings Regulations 2012, for example, listed buildings. In addition, properties with a short lease (defined as less than six months) or with a long lease (greater than 99 years) are excluded. Exemptions also arise when: bb All cost effective improvements works that have a simple payback period of seven years have been undertaken. These include replacing inefficient mechanical and electrical services installations, fabric improvements and the provision of renewable technologies. bb The Green Deal Golden Rule applies, where the cost of the improvement works exceeds the value of the total energy savings (over a maximum investment period 25 years), i.e. the investment must pay for itself. This only applies when a Green Deal Installer has carried out the improvements. bb A landlord is unable to obtain third party consent for the improvement works, for example from the planning authority, lender, superior landlords, etc. bb An independent surveyor determines
The penalties for non-compliance are significant, ranging from £2,000£150,000, based on the rateable value of property
that the energy efficiency improvements would devalue the property by more than 5% (such as providing thermal insulation to the internal face of external walls). If a sub-standard property is sold, the new owner/landlord has only six months to comply with the regulations; an important due diligence consideration for prospective purchasers and occupiers. Exemptions last for five years, and to qualify a landlord must register the property on the public Private Rented Sector [PRS] Exemptions Register, stating the reasons in the entry.
Non-compliance penalties The penalties for non-compliance are significant, ranging from £2,000- £150,000, based on the rateable value of property. Penalties also apply where a landlord has registered false or misleading information on the PRS Exemptions Register. The regulations do not appear to place any limit on the number of penalties that can be issued. MEES will not be a cause for concern for proactive landlords that recognise the importance of energy performance and have well-established plans in place. However, landlords that do not have a strategy in place or perhaps thought that the regulations would not be introduced could find that they are ‘at risk’ and unable to let properties. In addition to the loss of rent, they may face significant penalties and as names of landlords in breach of the regulations will be published on the PRS Exemptions Register, potential damage to their reputation. Finally, the government’s publication of energy performance data allows greater analysis and knowledge of a portfolio’s poor energy performance, which in turn could have a detrimental effect on a company’s or fund’s financial performance.
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MEES may well bring a number of softer benefits in terms of meeting corporate social responsibility objectives and helping landlords to differentiate their properties in the marketplace. Well performing, efficient buildings that provide positive environments are proving increasingly popular with occupiers, and such workplaces can play a vitally important role in the battle for talent and staff retention. MEES will provide a tangible benchmark and send positive signals to prospective customers and clients.
What to do? It is important to assess the risk, identifying any properties that currently have an E, F or G rating. This must include verifying the accuracy of the existing EPCs, because variations in assessments can lead to incorrect ratings. Close attention must be paid to certificates produced shortly after EPCs were introduced in 2008 or where there is a reliance on default settings in the calculation of the rating. This is particularly important for landlords with domestic properties in their portfolios, because the regulations start to bite from 1 April 2020, shortly after the EPCs prepared in 2008-09 become invalid. Under Part L of the Building Regulations, if certain alterations are undertaken (such as an extension or works to the services), the property must be recertified. Once the potentially at risk properties have been identified, develop a plan of improvements. To minimise costs, determine what works can be undertaken as part of regular maintenance and refurbishment works. Quite often a rating will be improved by merely carrying out cyclical or planned replacement works at little or no additional cost. In fact,
in our experience simply remodelling a property using accurate data can improve the rating without executing any works. Collaboration with occupiers is essential because it is unlikely that the leases will include provisions for landlords to carry out energy efficiency improvement works in tenanted areas. It is also important that landlords maintain good relationships with their tenants and discuss proposals with them well in advance of any works starting. When landlords enter into new leases (or renew existing ones), they should consider the inclusion of green lease provisions or attaching a memorandum of understanding to provide flexibility and a framework for collaboration. In addition, it is important that landlords pay closer attention to their tenants’ fit-out proposals to make sure that they do not have a detrimental effect on a property’s EPC. When evaluating works, consider whether they will have any impact on the value of the property and what consents are needed. It could be that an F or G rated property is exempt and if it is, a landlord must ensure that property is listed on the PRS Exemptions Register, noting that any false or misleading information could incur a penalty. If there are any concerns about funding improvements works, a Green Deal provider or an alternative funder may be able to help. There are an increasing number of funders specialising in energy efficiency retrofitting. Finally, when completing due diligence, it is important to make sure that the EPC is reviewed to determine whether the property could be at risk. Where this is the case, determine the cost and timing of the improvement
works. This information can be useful for prospective purchasers when reevaluating their investment appraisals and/or negotiating a purchase price. For occupiers, they should consider whether compliance with MEES might constrain any future plans to sub-let part of the space. As building surveyors, we have a good breadth of relevant and complementary expertise covering both the technical and non-technical aspects of property and construction. We are particularly knowledgeable in assessing and improving the performance of buildings, skills that are invaluable if we are to meet MEES and to generally reduce carbon emissions from the property sector. Areas where we can help include: bb When carrying out building surveys for prospective owners and occupiers, consider the potential risks arising from MEES and assess what improvements can be undertaken, with support from specialists where necessary. bb Where risks are evident, help clients to find and appoint a suitably qualified and accredited energy assessor to provide advice on the accuracy of the existing EPCs, potential improvements and the likely optimal rating for the property. bb Consider whether energy efficiency improvements can be undertaken as part of routine and preventative maintenance, repairs and refurbishments; integrate the works in associated documentation (including maintenance programmes, feasibility studies and specifications). bb Help landlords and property owners to implement improvement works, including preparing budget costs and obtaining any necessary statutory consent. bb When reviewing a tenant’s alterations, consider whether the proposed works have any impact on the EPC rating for the property. bb In the context of dilapidations, examine whether MEES has any impact on the claim and for landlords, review whether it would be worthwhile retaining any of a tenant’s alterations that result in a better EPC rating. C
Mat Lown is a Chartered Building Surveyor, Partner and Head of Sustainability at Tuffin Ferraby Taylor mlown@tftconsultants.com Twitter: @matlown
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RICS B UI L D I N G SU RV E YI N G J OU R N AL
LEGAL HELPLINE
Legal Q&A Letter of intent
Q
The contract administrator has issued a letter of intent on behalf of the employer with a limit of £100,000. The contractor's latest interim application for payment is for £129,500 + VAT. Is the employer under any obligation to pay more than £100,000?
>Charles Blamire-Brown
A
Letters of intent can create a veritable minefield of uncertainty. In an ideal world we would all agree contracts up front, setting out the full rights and obligations of the parties without the need for letters of intent. However, this aspiration is not always achievable in practice. Where a letter of intent is the only viable option, at the very least it should clearly set out the parties' key rights and obligations. One such area is payment, but all too often the issue is insufficiently dealt with. Even with a clearly drafted payment cap, matters on the ground may progress such that additional works are instructed/costs expended, with the result that the originally agreed cap simply does not reflect reality.
Cases There have been a number of cases where the courts have looked at situations similar to that outlined above. A seminal decision is that in Mowlem plc v Stena Line Ports Ltd [2004] EWHC 2206 (TCC). In this case, the contractor's (Mowlem) entitlement to payment for works carried out pursuant to a letter of intent was subject to a cap of £10m up to 18 July 2003. Additional works were subsequently carried out after this date and Mowlem alleged it had incurred costs over and above the agreed cap. There was a debate on the facts, however, as to whether it could be said these additional works/costs were sanctioned by the employer (Stena). Mowlem argued it had an entitlement to be paid a reasonable sum for additional works carried out over and above the cap pursuant to an implied term to this effect. Alternatively it argued that: bb it was entitled to a reasonable sum for the works as a quantum meruit bb Stena, by its conduct, had waived its reliance on the cap such that Mowlem would be paid its reasonable costs over and above this cap 1 8 J U LY/A U G U S T 2 0 1 5
+info Charles Blamire-Brown is a Partner at Pinsent Masons LLP charles.blamirebrown@ pinsentmasons.com
bb Stena was estopped by convention from relying on the cap and/or denying Mowlem was entitled to a reasonable sum. The court disagreed, however, and found on the evidence that there was no implied term, nor any estoppel or waiver preventing reliance on the terms of the letter of intent. Mowlem was unable to recover the additional costs it had incurred in spite of Stena's full knowledge that additional works were being carried out over and above the cap. The answer to the problem outlined will depend heavily on the facts and the particular drafting of the letter of intent. If the overspend relates to works already within the original scope of works defined in the letter of intent then, absent any agreement from the employer to these increased costs, it is unlikely the contractor will be able to recover them. However, if the overspend relates to additional works, it will depend in part on the parties' conduct (e.g. in instructing the works). As a general rule, the courts will be reluctant to overturn the commercial bargain of an expressly agreed cap. A contractor is likely to be held to this even if they carry out additional work that gives rise to costs in excess of the cap. It may be possible that the employer's conduct in instructing additional works means that an agreement to go beyond the scope of the cap can be implied and/or the employer is found to have waived their reliance on the cap or is estopped from relying on it. Best practice Employers should consider setting a clear financial limit for payment. If they do not wish to be responsible for costs over this limit, they should avoid acting in such a way that it can be inferred they have agreed to costs being incurred over and above the cap. To the extent an employer is aware of additional works being carried out/costs being exceeded over and above the cap, it should make clear in any correspondence that the contractor carries out such works/incurs such costs entirely at its own risk and affirm the existing cap in place. Contractors should make sure they obtain express instructions and approval from the employer for any additional work and in so doing seek confirmation of its agreement to vary the terms of the letter of intent if they think they will incur extra costs. Further works should not be carried out without such an express agreement in place. C Image © Shutterstock
LEG A L
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Applying the rules
T
Laurence Cobb looks at two recent cases showing how terms of work come under scrutiny when things go wrong
wo recent cases illustrate yet again the care that needs to be taken when undertaking particular types of construction work that may have unexpected repercussions. In the first, Goldswain v Beltec Ltd (t/a BCS Consulting) [2015] EWHC 556 (TCC), the claimants wanted to convert their flat's cellar into accommodation. They appointed engineer and defendant, Beltec, to design the essential structural works and contractor and fellow defendant, AIMS Plumbing & Heating Ltd to carry out the underpinning work. AIMS started work, retaining Beltec to inspect the construction of the first pin. On inspection, Beltec advised that the pin had not been constructed in accordance with the design. The underpinning was completed but shortly afterwards the house collapsed.
Contract breach The claimants issued proceedings against Beltec and AIMS, claiming that Beltec had failed to exercise the appropriate level of skill and care when designing the basement and failed to warn the claimants following the initial inspection. AIMS became insolvent and so did not take part in the proceedings. The court held in favour of Beltec. There was an overwhelming probability that AIMS had failed to carry out its work with reasonable care and skill or complied with the drawings provided; its breaches of contract had caused the collapse. Beltec did not owe the claimant a duty to warn. It was AIMS, not the claimants, that had retained Beltec to visit the site. Beltec advised that the pin should be redone but there was no danger at this stage. In reaching its decision, the court reviewed Beltec's retainer and held there was no ongoing supervision obligation. The obligation was limited to providing the claimants with the structural designs with reasonable care and skill. Competent engineers should expect builders to understand and act on the construction method indicated in the drawings. Regarding the duty to warn, the court ruled that the extent to which it applied depended on the case. It would typically arise if there was an obvious and significant danger to life and limb or property or, when a careful professional ought to have known of such danger. Looking at the responsibility for temporary and permanent works, the court held that while generally it is the engineer/ architect's responsibility to design the permanent works and the contractor's responsibility to construct the temporary works, it is
always necessary to consider what services the professional is engaged to provide. Here, Beltec's design provided a sequence of work which, if followed, would have resulted in little damage to the structure above. Nothing in Beltec's design prevented AIMS from working in a reasonably safe way. So, make sure the retainer reflects precisely what work is to be done and agree it before work starts. If there is to be more than one professional on the project then make sure it is clear who is doing what.
Heating and cooling In the second case, Ecovision Systems Ltd v Vinci Construction UK Ltd (Rev 1), [2015] EWHC 587 (TCC) the defendant engaged the claimant under a subcontract to design, supply and install a heating and cooling system. The subcontract contained three conflicting sets of adjudication rules: the subcontract rules, the main contract rules and (potentially) the Scheme for Construction Contracts. The heating and cooling system broke down. Alleging defective design, the defendant served an adjudication notice asking RICS to nominate an adjudicator. The defendant's application did not specify which set of rules applied, although after an adjudicator was appointed it was confirmed as subcontract rules. The claimant sought a declaration arguing that the adjudicator had no jurisdiction because there were two or more potentially applicable adjudication procedures. In any event, it argued that the main contract rules applied and so the adjudicator had not been appointed by the correct body. The court held in favour of the claimant, ruling that the adjudicator could not determine whether he had jurisdiction. A choice between two sets of rules would amount to such a determination if the choice made a material difference as to how he should be appointed, what rules he had to follow or the effect of his decision. In any event, the main contract rules applied and so the adjudicator was appointed under the wrong rules. However, even if the subcontract rules did apply, the adjudicator still lacked jurisdiction because he was appointed one day late. So, make sure the contract states what the parties want it to state. Read the contract carefully and if it incorporates terms from other contracts, check what these are. There may well be some kind of overlap, particularly in the boilerplate provisions. A little time spent at the start can save time and money in the long run. C Laurence Cobb is Partner at law firm Taylor Wessing lcobb@taylorwessing.com
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RICS B UI L D I N G SU RV E YI N G J OU R N AL
PLANNING
Letter of the law In the first of two articles, Julia Dixon looks behind the acronyms to explain how recent planning laws are applied in England
P
lanners and planning lawyers use a variety of acronyms in their daily work. This A to Z guide features those of most relevance to building surveyors.
ACV
What is it? The Localism Act 2011 created Assets of Community Value. Community interest groups can nominate assets to the local authority that further the social wellbeing or interests of the local community now, or in the recent past, for inclusion in a list. If accepted, then there are restrictions imposed when the owner makes a relevant disposal of the asset. Recent changes: More pubs have been registered as ACVs than any other assets. Permitted development (PD) rights have been removed in relation to ACV listed pubs so that a change of use will require planning permission.
BID What is it? A Business Improvement District is a defined area in which an additional levy is charged on all business rate payers. The money is then used to develop projects that will benefit businesses in the local area. Recent changes: A consultation was issued by the Department for Communities and Local Government seeking views on four proposals to strengthen the role of BIDs. The consultation closed on 19 June.
CIL What is it? The Community Infrastructure Levy is a planning charge to help local planning authorities (LPAs) deliver infrastructure to support development in their area. Many authorities have not yet introduced CIL. 2 0 J U LY/A U G U S T 2 0 1 5
Recent changes: Since 6 April, limitations have been imposed on the use of pooled planning obligations to fund infrastructure projects for those authorities with no adopted CIL charging schedule in place. They are prevented from seeking planning obligations, which constitute a reason for granting planning permission, where this relates to the funding or provision of infrastructure and there have been five or more planning obligations entered into on or after 6 April 2010 for that same infrastructure.
DMPO What is it? The Town and Country Planning (Development Management Procedure) (England) Order 2015. The order governs the process of obtaining planning permission and the discharge of conditions including: bb how to apply for planning permission and what information should accompany the application bb what is the definition of reserved matters bb what is a design and access statement and when is one required. Recent changes: The 2015 Order consolidates 15 amending orders made to the 2010 DMPO. Further changes have also been made, including provisions for the deemed discharge of planning conditions and a requirement for LPAs to provide written justification for the imposition of precommencement conditions.
EIA What is it? Environmental Impact Assessment. Recent changes: The Town and Country Planning (Environmental Impact Assessment) (Amendment) Regulations 2015 came into force on 6 April. They amend the threshold for ‘screening’ certain infrastructure
projects to ascertain whether they are EIA development, thus requiring an environmental statement.
Fracking What is it? An abbreviated form of hydraulic fracturing. Recent changes: The Infrastructure Act 2015 authorises the use of deep-level land (defined as being at least 300m below surface level) for the exploitation of petroleum (notably shale gas and oil) and for deep geothermal energy. Operators will no longer have to seek rights of access from every individual landowner whose land is drilled under, or face a claim for trespass. There is no right to compensation for the individual landowner. Voluntary commitments to notify local communities of drilling works and to make community payments have been made.
GPDO What is it? The Town and Country Planning (General Permitted Development) (England) Order 2015 effectively grants planning permission for certain forms of development such as changes of use. PD rights can have restrictions and conditions imposed and may require prior approval of the LPA. It is the Order that enables, for example, the change of use of a restaurant or cafe (Class A3 of the Town and Country Planning (Use Classes) Order 1987) to a shop (Class A1) without obtaining planning permission. Recent changes: The 2015 Order consolidates 22 amending orders made to the 1995 GPDO restructured into 19 themed parts. It also introduces additional PD rights, such as allowing retailers to erect ‘click and collect’ facilities within the curtilage of their existing premises subject to various restrictions and conditions. C
Julia Dixon is a Senior Associate at Squire Patton Boggs julia.dixon@squirepb.com
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UPDATE
Subsidence Forum
RICS conferences Building surveying seminar 7 July, London The seminar will give practitioners the opportunity to hear the latest developments and keep at the forefront of their sector. Expert speakers will provide sessions on: bb Construction (Design and Management) Regulations 2015 changes bb the benefits of unmanned aerial vehicles bb social media best practice bb the evolution of energy and renewables bb case law updates bb asbestos solutions and awareness bb inclusive design of old and new build. n www.rics.org/bsseminars
Building Conservation Summer School 7-11 September, Cirencester Organised by RICS Building Conservation Forum and the Society for the Protection of Ancient Buildings, the event will give attendees a greater understanding of conservation philosophy and techniques, plus new skills to use in the workplace. As well as lectures, case studies and practical workshops, students will visit the 19th-century gothic masterpiece, Woodchester Mansion. n www.rics.org/bcschool
Dilapidations Forum Conference 30 September, London RICS Dilapidations Forum is the only industry-led dilapidations conference, providing technical updates on dilapidations claims and case law outlining landlord and tenant liabilities and obligations. n www.rics.org/dfc
Publications
Alexander Aronsohn, RICS Director of Technical International Standards, has set out the new categories of publications from RICS. The full article can be read in the May-June issue of the Property Journal. n www.rics.org/pjmayjun15 RICS has also published two guidance notes: bb The Mundic problem, 3rd edition covers the resulting deterioration of concrete building materials. n www.rics.orgmundic bb Measured surveys of land, buildings and utilities, 3rd edition covers the use of survey accuracy band, taking into consideration client requirements for scale, independent metadata and digital data handling environments. n www.rics.org/mslbu
In brief...
RICS Building Surveying Annual Dinner 26 November, London Now well established as the social highlight of the building surveying calendar, the annual dinner will be held at the Milllenium Mayfair Hotel in London’s Grosvenor Square. The event is a great opportunity to network, entertain clients and reward colleagues.
The Subsidence Forum is to hold a training day at BRE Watford on 22 October. It will include presentations on fracking, CDM Regulations 2015, and asbestos, as well as topical legal and technical issues. Book early to avoid disappointment. n www.subsidenceforum.org.uk
RICS training RICS Online Academy Web classes this summer include: 9 July Flooding: mitigation and management n www.rics.org/e-flood 12 August Inspection competency masterclass n www.rics.org/e-inspection
Global review
For an update on RICS’ global APC content review, which aims to reduce the current 20 pathways to seven, visit n www.rics.org/globalapc
Future cities
What will future cities look like? What professional skill sets and technologies will you need? To understand how the built environment sector will be impacted by changing social, political and business environments worldwide, visit n www.rics.org/futures
UK inward investment
In 1990, 90% of global construction companies were UK owned, but by 2015, that figure had fallen to 10%. The changing UK business environment offers significant opportunities for surveyors, by ensuring that investors recognise the value and demand the services of RICS professionals in the UK. For details, visit n www.rics.org/ukbusiness
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INCLUSIVE DESIGN
Gaining access The Built Environment Professional Education project aims to make delivering an inclusive environment the norm not the exception, reports Julie Fleck
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Chartered building surveyors have a huge impact on the built environment – from supervising large mixed-use developments to planning domestic extensions. But how widely is the principle of inclusive design embedded into everyday working practices? Do the initial training and education and routes to professional membership provide surveyors with the skills, knowledge and confidence to deliver the highest standards of accessibility for all users? The Built Environment Professional Education (BEPE) project, launched in 2013 as part of the government and Mayor of London’s Paralympic Legacy programme, is working to bring about a systematic change (http://bit.ly/1FmTcUr). The aim is to embed inclusive design into the education and training of built environment professionals, inspiring future generations to achieve truly accessible and inclusive environments for everyone (see Queen Elizabeth Olympic Park film http://bit.ly/14scK9A).
Inclusive design Access for disabled people has traditionally been about ensuring a building meets minimum technical access standards. However, a tick box approach does not always lead to the most inclusive solution. Good inclusive design is more than the provision of a ramp, a lift and a toilet for a wheelchair user. It is more than good colour or tone contrast, use of tactile surfaces, or good acoustics to 2 2 J U LY/A U G U S T 2 0 1 5
assist someone with a visual or hearing impairment or signposts to help people with cognitive impairments. Good inclusive design that helps everyone to have an enjoyable and fulfilling experience. The needs of all users have to be considered at the outset of a project, not added on at the end of the process to meet Building Regulations. The principles include: bb acknowledging diversity and difference bb choice when one solution cannot cater for everyone’s needs bb flexibility in use bb buildings and environments that are comfortable and enjoyable to use for everyone.
The needs of all users have to be considered at the outset of a project
taught inclusive design principles and processes as an integral part of their course from the outset, rather than an optional add-on, a new generation of practitioners will be able to recognise and remove the barriers that exist and help to deliver a more accessible environment in the future. The case for integrating inclusive design into built environment professional education was made more than 10 years ago in the report Building and sustaining a learning environment for inclusive design: a framework for teaching inclusive design within built environment courses in the UK (http://bit.ly/1KcB9yG), which set out the moral, sustainable, professional, economic and legal arguments. Some good examples of teaching
The norm not the exception Truly inclusive buildings are arguably still the exception: the best and most recent examples can be seen in the park and venues built for the London 2012 Olympic and Paralympic Games, which set new standards (see Building Control Journal April/May 2014.) The London Legacy Development Corporation is taking forward this approach in the new developments in and around the Queen Elizabeth Olympic Park (http://bit.ly/1DjCtdn). But inclusivity can and should become the norm in all development projects. This can be achieved by equipping professionals with an understanding of how we all perceive, use and experience buildings, places and spaces, including disabled people, older people and families with small children. If all built environment students were
k The passenger lift installed on Tower Bridge gives step free access to the Thames riverside walk Images © Julie Fleck
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Tower Place, London: Planting has avoided the steps tapering into the slope –hazardous for visually impaired people
practices resulted, but few courses have fully embedded inclusive design as a required part of the course with marking systems to reflect this.
Changing attitudes However, there are signs that society’s expectations are changing. According to the Office for National Statistics Opinions and Lifestyle Survey 2014, 56% of disabled people and 71% of nondisabled people polled after the London 2012 Games said attitudes of the general public towards disabled people had improved. The UK’s 12.2 million disabled people and their households have a spending power of over £200bn, and increasingly and rightly expect to be able to participate in all aspects of society. And there is a growing recognition that many older people expect to be able to continue leading active and healthy lives. The economic as well as the social and moral case for an inclusive environment is indisputable. Yet even now, inclusive design is often seen as a regulatory issue, or one for a limited number of specialists, rather than something all built environment professionals should embrace and practise throughout their professional lives.
RICS support RICS, along with 15 other key built environment professional and industry bodies, is supporting the BEPE project and helping to spearhead this revolutionary change to how professionals are taught and learn about inclusive design. At the first anniversary reception for the BEPE project in
December 2014, RICS President Louise Brooke-Smith said: “The RICS guide for candidates specialising in building control already recognises their role in creating an inclusive environment, conducting access audits and assessing access statements. My goal is that we can take this further and ensure that inclusive design finds a home in every relevant specialism.” Not all projects have the benefit of advice from an experienced access/ inclusive design consultant, but chartered building surveyors have a professional and ethical responsibility to promote best practice in their work to create a better built environment for all. This includes making places and spaces easy and comfortable for a disabled or older person to use safely and confidently, as well as recognising when the services of a specialist access adviser are required.
Core curriculum The key built environment organisations have been asked to consider how they can make inclusive design a core part of the required curriculum of their members. The British Institute of Facilities Management (BIFM) and the Chartered Institute of Architectural Technologists (CIAT) have already made good progress. CIAT worked with the Quality Assurance Agency (QAA) last year to incorporate inclusive design into the subject benchmark statement (SBS) for architectural technology, and has subsequently changed its professional standards framework to include inclusive design (http://bit.ly/1DXYVMI). This means that all new members of CIAT will in future have to demonstrate
their knowledge and skills in inclusive design. The QAA plans to review the SBS for construction, property and surveying later this year in a similar way. BIFM has introduced inclusive design into its professional standards framework and its Level 3 and Level 4 qualifications. RICS is currently reviewing the Assessment of Professional Competency process, providing another excellent opportunity to embed inclusive design into the route to membership for new surveyors. Changing the way we teach and learn can help to make social inclusion second nature for all built environment professionals. But to achieve this, teachers of building surveying students on undergraduate and postgraduate courses or as part of CPD will need to have confidence in their own knowledge to pass on the skills to deliver an inclusive environment. Easy access to technical guidance and good practice examples, additional training courses, peer encouragement and support from inclusive design experts to help build teaching skills and capacity in built environment schools will all help.
CPD course The Inclusive Design Hub, launched by CABE at the Design Council, is putting all the key technical and best practice guidance about inclusive design in one place. CABE is also, with the support of RICS, developing an inclusive environments training course to help existing practitioners and students. A questionnaire is shortly to be circulated by RICS to ascertain the most useful information to include in the CPD course and how best to ensure members undertake it. RICS also held a series of inclusive design lectures as part of the eight building surveying roadshow events in June and early July (http://bit.ly/1bMHRQp). Be part of this process by helping to ensure the very best is achieved across the built environment by making inclusivity the norm in all your projects. C
Julie Fleck is Project Lead at the Built Environment Professional Education Project at the Office for Disability Issues, Department for Work and Pensions julie.fleck@dwp.gsi.gov.uk
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F LO O D I N G
Chris Netherton describes drying techniques for flooded property
Home and dry Damage caused by mould growth and zero dehumidification after a burst attic pipe
T There are close to 500,000 incidents of water damage to domestic and commercial property in the UK annually, from a minor dishwasher leak to a burst mains pipe in the attic. However, only a small fraction of the householders appoint a surveyor to assist them through the clean-up and repair process, despite most insurance policies allowing for this. With some householders clearly in need of help, and with the insurer picking up the fees, why are there not more surveyors focusing on this growing market? So, what skills are needed to deal with flooded properties? Top of the list is an understanding of insurance contract law. Policy documents are easier to understand than they 2 4 J U LY/A U G U S T 2 0 1 5
used to be, and insurers try to ensure the key facts are represented clearly. The Financial Ombudsman Service (http://bit.ly/1gfeHII) is the go to place for any tricky issues concerning cover. It is well worth an hour or two looking on its website at recent cases concerning flood, storm and escape of water claims. A knowledge of the initial drying and emergency repair process is also vital. The objective is to remove excess water, to inhibit further deterioration such as mould growth and to return affected structural materials to their pre-incident dryness – the ‘drying goal’. Works need to be undertaken in a time sensitive manner to minimise the disruption to owners or occupiers and get them back into their properties, a key stage in alleviating the mental anguish often suffered by flood victims. Effective drying solutions are an important part of the total recovery process so a competent surveyor must understand how and when to use them. British Standard Institution’s recent code of practice PAS64:2013
Mitigation and recovery of water damaged buildings clearly signposts the process and equipment currently in use in the UK. Initially, moisture content readings should be taken in affected areas to establish the extent of the water damage. This is most often done using a non-destructive method using a capacitance type moisture meter. Where the degree of damage and circumstances indicate the possible presence of moisture below the surface, then in-depth readings should be taken. One word of warning – in coastal cases, the salt content in the flood water will likely present false positives when using an electrical moisture meter. Salt content can be checked using the Bresle method, details of which can be found online.
Drying methods Failure to remove evaporating moisture can retard the drying process and in the worst instances, create conditions in which secondary damage can occur, e.g. mould and microbial growth (above 65% relative humidity). A number of techniques are currently used: bb Open drying system: Ventilation is increased within a building, which can be done by simply opening windows. For this to be effective, the outside air should be warmer and drier than the inside air. bb Closed drying system: All windows and doors are shut and dehumidification equipment is installed to remove and control the evaporated moisture. bb Air exchange and heat drying systems: Heating equipment is used to increase Images © National Flood School
the temperature of the indoor air, which absorbs the evaporated water from the wet structural materials. The air is then either pumped out of the building or passed through machinery to remove the extra water.
Mechanical dehumidification equipment Refrigerant dehumidifiers work by cooling the evaporated air below its dew point, which results in condensation appearing on the internal coils. Water is then automatically pumped away, or removed in containers. They work best when the air is warm (20o-25oc) and the humidity high (60% relative humidity (RH) and above). With desiccant dehumidifiers, moisture is removed using direct absorption and vapour pressure differences. The machine has two outlets; one blowing wet air out of the building and the second blowing dry air back in, drying the water via air movement. Desiccants work in all temperature and humidity conditions but are particularly useful on dense structural materials such as masonry walls, where they can reduce moisture in the air to as low as 10% RH. In the case of convectant dehumidifiers, room temperature is increased by recirculating the air through a heating system. Once it has reached a pre-defined temperature or specific humidity levels, the machine switches to exhaust mode expelling wet air to the outside. Convectants are generally trailer size, and can
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dry a three-bed semi in three days after a flood event.
Air movement Increasing air movement over the surface of a wet structural material encourages evaporation of the moisture within. It also encourages turbulence, which can make drying equipment and techniques more effective. When the usual heating system in the building is not functioning or is insufficient,
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Air injection under pressure
a secondary heat source may be needed to achieve the required drying conditions and to accelerate the evaporation of moisture. Heating systems may also be used to target specific troublesome drying areas. However, heating alone may be dangerous because uncontrolled evaporation can lead to secondary damage to the building. Sometimes damage is confined to a single wall. If so, drying can be localised
by attaching plastic sheeting or special purpose materials around the target area. The technician should design a monitoring programme in accordance with the method used. This may entail daily visits when drying with dehumidifiers or hourly for trailer-sized heating systems. Do not accept less than weekly checks for drying with refrigerant dehumidifiers. As part of the programme, the technician should monitor the drying equipment installed and record the measurement of moisture and progress. Once the drying goal has been met, a drying certificate or report is issued, signalling the starter’s gun for the reinstatement, which becomes a conventional building repair process.
Flood restoration projects should be of particular interest to small, local surveyors, especially in rural areas where the property stock is non-standard and they will often know more about their drying and repair then a national surveying network appointed directly by the insurer. That said, the transient nature of flooding, and its potentially overwhelming severity, can often require a substantial manpower and administration resource to deal with multiple projects across a wideranging geography. It is time for surveyors to pick up the baton and look to this sector to showcase their skills positively and assist flood victims to recover post disaster. C
Chris Netherton is Director at National Flood School Chris.Netherton@nationalfloodschool.co.uk
CHARTERED BUILDING SURVEYING PRACTICE FOR SALE This small practice is based in a home office in the South West between Bristol & Bath. It was as established in 1994 and has been a Ltd company since 2007. The practice is Regulated by RICS. Dealing with most aspects of building surveying together with conservation, architectural design, specification, contract administration and cost control on both residential and commercial projects. Sole director planning to retire in 2015, possible option of continuing as a part time consultant to facilitate handover. This is a good opportunity for either a Chartered Surveyor to take over an established practice to work independently and grow the practice, or for an existing practice to expand their workload and/or move into a new area. Please contact Doug Willis for more details. Tel: 01225 873854 Email: doug@dwa-bristol.co.uk Web: www.dwa-bristol.co.uk
To a d ve rtise con t a c t Em m a Ke n n e dy +4 4( 0 ) 20 7 8 7 1 5 7 3 4 or emmak@wearesu nday. c om J U LY/A U G U S T 2 0 1 5   2 5
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APC
Insuring success
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Ewan Craig talks about the competency of insurance
Insurance is one of the optional competencies of the building surveying Assessment of Professional Competence (APC), which by its nature is more suited to those involved with insurance work on a regular basis such as loss adjusters.
The levels At level 1 Demonstrate knowledge and understanding of the principles and practices of insurance in relation to your area of practice. At level 2 Apply your knowledge and/or be involved with the insurance of construction and/or property related matters. At level 3 Demonstrate a thorough understanding of the regulations and practice governing the insurance of construction and/or property related matters. Insurance can be involved in many activities, such as remedial works covered by claims, the insurance required in building contracts, professional indemnity cover to practice or in reinstatement cost assessments. You should be familiar with the insurance issues in your submission documents and be ready to address questions 2 6 J U LY/A U G U S T 2 0 1 5
on them and aspects related to them.
Questions Actual questions are based on the candidate’s experience, which should be at level 2 but could exceed this. Two examples are given below. Could you please explain how you prepared the reinstatement cost assessment for property X? This is aimed at level 2, however your experience may extend to level 3, say if you gave reasoned advice in a report to the client. The answer would explain pertinent issues to support your application of knowledge. This is a detached commercial property. I confirmed with my client that an assessment of building reinstatement cost for insurance purposes is required and not another form of valuation. I followed the RICS Reinstatement cost assessments of buildings guidance note. By adopting consistent methods for taking instructions, inspection of buildings, collating information, I carried out the assessment with speed, accuracy and efficiency. My initial enquiries established matters that influence the reinstatement cost – for example, that ‘day one assessment’ was required and the building was not listed or subject to other constraints. The quality of the information is pivotal to the accurate assessment of the reinstatement cost. I inspected the property, gaining information for the assessment including measurements to calculate the gross internal area, form of construction,
age and the surrounding properties. I built up a rate for the building from its elements and used this to prepare the total reinstatement cost assessment, which included fees, demolition costs and external works following the RICS guidance note. My manager checked and used the calculation in the report to the client. Would you please explain the insurance aspects influencing the remedial works in the insurance claim for project Z? This is aimed at level 2. The answer would show the issues that were considered in applying your knowledge. Project Z arose from an insurance claim for flood damage. The insurer approved the claim and appointed a loss adjuster with whom I liaised throughout the project on issues such as costs and the extent of the works. I was appointed by the insured for the remedial works and other works they wished to carry out at the same time. This mix of works could have potentially complicated matters. I followed my practice’s methodology for projects arising from an insurance claim with additional processes compared to work
financed directly by the client. I established the policy cover limits to confirm the adequacy of the sum insured with the loss adjuster; this confirmed there were no restrictions to full reinstatement. Other insurance aspects included establishing the policy excess and that no endorsements applied from the building and the contents policies. Betterment was also clarified, because the insurance policy is written on the basis of indemnity, i.e. to place the insured as nearly as possible in the same financial position after a loss as immediately before it happened. Although not required, I was mindful that reinstatement is just one way of assessing indemnity; if the building was not going to be repaired then some other assessment may be more appropriate, such as diminution in market value.
Care Given the time constraints of the APC your answer should give a brief but whole response. Care should be taken to demonstrate your own skills, abilities and knowledge to the assessors. C Thanks to Alan Cripps, RICS Associate Director of the Built Environment, for his input to this article.
More information
> For details on the APC pathway guide for building surveyors, visit http://bit.ly/1qBVUhw
Ewan Craig is an APC assessor and the Programme Leader for the BSc [Hons] in Building Surveying at the College of Estate Management e.craig@cem.ac.uk
Figures show that candidates with access to isurv.com are 12% more likely to pass than those who do not Related competencies include Client care, Building pathology, Inspection, Construction technology and environmental services, Legal/ regulatory compliance, Design and specification
Building Construction Conservation Journal Journal
Lynda Jubb FRICS is Chair of the RICS Building Conservation Forum conservation@rics.org
OPINION
Building a future from the past COVER LINE
I have had an interesting couple of months, with archaeology very much on my mind. Recently, I was honoured to address the first conference of the newly established Chartered Institute for Archaeologists in Cardiff. We were considering the future of the professions, and the historic environment professions in particular. I was able to share the insights RICS has gained through the excellent Futures project. It is known in RICS as
Heritage restored Conservationists on board in Manchester civic centre transformation PG.
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the ‘WOW video’ because the scale of change is breathtaking, as is our natural human response of optimism and resilience. What stood out for me was the role of historic environment professionals in making future cities culturally relevant and therefore sustainable. I then had a small foray into ‘experimental archaeology’ which, if you are not familiar with the term, is every bit as outré as you might imagine: Experimental archaeology tries to test theories about the past by recreating the process or conditions under investigation to better understand them. In my case, it was hardly a serious piece of research – a few friends followed our funny tweets as we tried out wartime recipes and living on rations for a week to celebrate the 70th anniversary of VE day. My family started by visiting the Imperial War Museum North
to find out what we might get with our ration cards. Well, not much meat and no luxuries, but I learned a lot about rationing, and how the sense of fairness and community it represented deeply affected our post–war society. I also found that the science behind the restrictions was years ahead of its time – you can live on those quantities and live quite well. The experiment left me feeling really lucky to live in times of peace and plenty. Looking at the past through the lens of experience, I better understood all sorts of things. For instance, it might seem tangential, but I began to see the enduring spirit on which the EU was founded flows
Testing the water
Guiding light
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directly from our collective national experience. People genuinely trusted leaders and institutions to make a fairer, safer world not only because there was no alternative, but because competence had been demonstrated. Some food was unavailable, so a truly authentic experience is impossible. The past is indeed a different country, and although we might visit it, we can never be natives. The future, on the other hand, will be our only home. Take a moment to look at that ‘WOW’ Futures video and you will be as excited as I am about how we build that (www.youtube.com/ watch?v=jsGgsGT1yYM). C
Membership of the Building Conservation Forum is FREE. For more information, email conservation@rics.org
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n Restored stained glass windows in Shakespeare Hall
Heritage preserved
n The stonework has been cleaned throughout
Richard Baister provides an insight into conservation issues on Manchester’s civic centre transformation project
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In 2010, Manchester City Council (MCC) commenced work on one of its most complex projects, which would transform the way in which the Grade II* Central Library and Town Hall Extension were to be used. Designed by Emanuel Vincent Harris and constructed between 1934 and 1938, the buildings were no longer providing the levels of services required by visitors and staff and were in need of a comprehensive improvement that would support their regeneration at the civic heart of the city. MCC was keen not simply to restore these assets, but to open up previously inaccessible floor areas and provide new interventions to improve accessibility and operability, while respecting their heritage significance. To ensure that the project was successful, MCC understood that all interested stakeholders including English Heritage (EH) should be engaged from the outset. 2 8 J U LY/A U G U S T 2 0 1 5
Design challenge Ryder Architecture won the contract to redesign the Central Library based on its proposals to modify the internal layout and provide new circulation routes. This included the introduction of a new vertical core to the perimeter of the building, and the removal of four floors of book storage space that would allow new visitor and archive facilities to be provided in the heart of the building. These interventions, however, required significant modifications of the original historic fabric. Ryder’s Graham Cavanagh recalls the first meeting with English Heritage: “We approached the first meeting with some nervousness but were pleasantly surprised by EH’s enthusiasm for the scheme once we had demonstrated the limitations of the current building, and how a much improved use could be achieved. It was clear that they had some concerns, but they understood the vision and the need for change.”
Planning management Being both the owner and the local planning authority, MCC required a robust process for approvals for planning and listed building
consent. This ensured that the works were undertaken to the highest standards in line with national policy guidance and best practice advice. Weekly review meetings were held with English Heritage to review issues, proposals, samples and the quality of the executed work. Paul Mason, MCC Conservation and Design Manager, notes: “One important feature was the requirement for the contractor to issue detailed heritage methodologies in advance of works, so that they could be agreed with the authority and English Heritage. This information allowed us to fully interrogate and agree details and methods of working at a level of understanding that surpass those normally expected.” The use of building information modelling (BIM) techniques greatly enhanced the team’s ability to explain design and construction methodologies to the benefit of the planning and heritage teams, he adds.
Collaborative working In 2011, Laing O’Rourke (LOR) was appointed as principal contractor on the £100m transformation project. Key to this selection was its commitment to a
collaborative management approach, together with its experience in delivering highly complex public sector and heritage projects. Neville Hodson, LOR’s Project Leader notes: “We understood from the outset that this would be a challenging project requiring close collaboration with both the MCC project team and external stakeholders. Detailed planning and coordination of the works was key to the overall success of the project, together with the right delivery team who understood the heritage buildings.” MCC’s early decision to adopt BIM as part of the project development greatly assisted in the coordination of the complex elements, but also allowed clear visualisations of why the removal and replacement of the heritage elements was necessary at each floor level where the major interventions were planned. Visual and CGI presentations rather than paperwork were the key to collaborative agreements with stakeholders, which would not have been possible without a fully implemented BIM strategy. The One Team approach adopted on site worked well, removing many of the traditional barriers. It was not unusual for the Project
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Director and English Heritage to discuss conservation repair techniques directly with the team and heritage specialists, assisting the overall formal approvals process.
Heritage specialists Although a large amount of historic building and heritage appraisal work had been undertaken prior to LOR coming on board, it was necessary to undertake further detailed surveys and investigations post award to understand the condition of the heritage fabric and develop appropriate conservation repair solutions. There was a need to find experienced specialist companies that could provide advice and not be daunted by the sheer size and challenging timescale of the project or working with a main contractor. The initial reluctance of some was overcome once they understood the importance placed on their skills and experience and the One Team’s willingness to help them over the hurdles. The largest intervention for the building was the removal of the centre of the library building where books had previously been stored. This required the temporary support of the large scagliola columns in the Central
Reading Room, and the top down removal of the floor slabs without damaging the heritage fabric of the building. Another major intervention was the removal of perimeter floor areas to allow the introduction of the new vertical circulation cores. LOR managed the demolition process through its internal specialist, Expanded Demolition, to ensure close control and reduce the risk of damage to the buildings. On the roof of the Town Hall Extension, each of the original leaded light glass sheets was site welded to repair tears, punctures and cracking. New fixings were fitted to the backing material to allow the sheets to thermally move. After considerable offsite trialling, including the construction of a ‘copy roof’ developed with input from EH, the works were carried out from bespoke access cradles that travelled up and across the roofs, providing considerable project savings over full access scaffolds. In the Town Hall Extension, each of the 1,878 bronze windows required refurbishment and repair. External cradles again provided cost-effective access, and LOR developed new cleaning and surface coatings that replicated the original dark patina of the original windows. The new spaces around the buildings also required the replication of over 750m of polished brass handrails, with new extrusions and castings commissioned by Heritage Project Contracts to match the existing features. Some 390 panels of stained and leaded glass were restored by specialist Recclesia Glass, which required 8km of new lead and 127,000 soldered joints. The most significant glazing was above the portico entrance to the Shakespeare Hall,
with the design attributed to Robert Anning Bell. The windows depict characters from Shakespeare’s plays with the central window showing a portrait of the bard himself. Each panel was removed, cleaned and restored before being refitted into the bronze window frames. More than 650 doors together with skirting and architraves were stripped, repaired and refinished in an onsite workshop before being refitted. Traditional French polish was used to retain the original appearance. Within both buildings there were also a number of timber panelled rooms, each needing to be upgraded to provide modern meeting room facilities. The agreed approach was to consolidate damage and enhance the appearance while maintaining the overall patina of use.
Central Reading Room The Central Reading Room is probably the most significant room in the complex and underwent considerable modification. This involved the removal of the existing floor, including the central desk and clock, the replacement of the dome acoustic lining and the refurbishment of the roof light structure. Movement and environmental monitoring was established prior to work starting to allow modification to the working methods if trigger levels were reached. The room was reinstated
close to its original 1934 configuration, with the repaired central desk and the original furniture replicated using restored readers’ tables and chairs. The markings of use were retained, including graffiti as long as it was not offensive, and protective waxoil surface coatings applied.
Rates Hall The original Rates Hall in the Town Hall Extension has also undergone considerable restoration. The space had been sub-divided with modern partitions and floor finishes, although the project team was delighted to discover that many of the original features could be restored to their original appearance. The painted ceilings were in a very poor state and options to consolidate the very stained paint layers were unsuccessful, leading to the overpainting and exact replication of the original scheme. This, together with the refurbishment of the stone clad walls and checkerboard flooring has created a striking new visitor service centre. The establishment of an atmosphere of pride, from the most senior designers and construction managers to the youngest apprentices, was vital to the successful delivery of the project. This began at the entrances with site hoardings to tell the heritage story, and extended to the provision of a clean and safe working environment for all, and contributed to an astonishing and successful project. b
Richard Baister is a Heritage Project Manager at Heritage Project Management richard.baister@heritageprojectmanagement.com
Related competencies include Construction techniques, Design and specification
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M ATE R I A LS RICS BUILDING CONSERVATION JOURNAL
Testing the water Alan Forster and Phil Banfill look at how conservation professionals can deal with the problem of binder leaching
T
here is a vast stock of traditional mass masonry buildings in Scotland, with an estimated 24,000 stone facades in Glasgow alone. Defined as internal and external skins of dressed stone, bedded in lime mortar with a lime built rubble core, structural performance of these walls relies on their effective thickness and homogeneity to create stability. While they look strong and stable, masonry buildings may be vulnerable, especially if maintenance is neglected. Voids have been found behind apparently sound masonry pointing and bedding mortar, and this has been subsequently associated with progressive collapse. Binder leaching is a contributory defect, with mortar lost from joints by washingout or compressive extrusion in areas of high stress, resulting in local stress concentrations and loosening masonry units. In his book Structural aspects of building conservation Poul Beckmann, highlighted the implications of long-term saturation, suggesting that: “Rainwater enters the core and dissolves or leaches out the lime and loosens the fine particles. These are then washed down, leaving behind cavities, which grow until the rubble collapses into them.” Wall core depletion is difficult to detect until distress and deformation are visible. Penetrating radar or infrared thermography would be necessary to diagnose wall voiding. The extent to which binder dissolution occurs has yet to be fully understood. Many surveyors will have been confronted with leachate deposits and a research project by the Engineering & Physical Science Research Council at Heriot-Watt University, Edinburgh, should give them a better understanding of what 3 0 J U LY/A U G U S T 2 0 1 5
it is, why it occurs and the ramifications for practitioners.
Migration pattern When a traditional mass masonry structure is saturated, water diffuses through it and the binder and/or fines in the mortar aggregate may be transported. Calcium hydroxide (Ca(OH)2 and calcite (calcium carbonate, CaCO3) may dissolve and move from the body of the material. Calcite re-deposition or leachate is the most common visual form, and in the majority of cases, although unsightly, it is relatively harmless. These deposits show: bb elements of structures that are saturated for longer periods than usual (ruins, retaining walls, etc.) bb structures that are often located in highly exposed situations, unsheltered by micro and macro climates such as other adjoining buildings (i.e viaducts) bb poor detailing (i.e. no coping stones
or water shedding projections, etc.) and masonry that may trap water or enable water diffusion through the fabric. Leachate potentially informs us of physical characteristics such as the permeability of the host materials and bedding mortars, problems with carbonation or the degree to which water is diffusing through the substrate.
Mechanisms Lime comes in different forms depending on its stage of processing or use. Calcium hydroxide (Ca(OH)2 , also referred to as slaked lime, builder’s lime (when in a dry anhydrous form), lime putty (in aqueous suspension form), portlandite (its mineral name) and freelime, is used as a binder in mortars. It sets and hardens by reaction with carbon dioxide, a process known as carbonation, to form calcium carbonate. Calcium carbonate (CaCO3), is also referred to as limestone and chalk or in
Table 1 Factors influencing the mobility of free lime The constituents of the mortar, such as binder to aggregate ratio The percentage of binder (post construction) associated with the free lime within the material, in terms of calcium hydroxide [Ca(OH)2] and calcium carbonate [Ca(CO)3] The percentage of binder associated with those hydraulic products of hydration such as C-S-H and C-A-H, which conversely allows us to attain the percentage of free lime The aggregate grading, particle size distribution and aggregate porosity The amount of carbonate aggregate utilised (i.e. shell or limestone sands) The temperature and rate of water percolating through the structure The nature of the host masonry, whether, relatively impermeable igneous stones or rather permeable sedimentary masonry as this has an affect upon the flow rate through the structure The degree of pore interconnectivity, pore size and pore size distribution
RICS BUILDING CONSERVATION JOURNAL
q Lime leachate is the most common visual form but in the majority of cases, although unsightly, is relatively harmless q The stalactites (speleothems) in this barrel vaulted bridge abutment have formed because calcium hydroxide (Ca(OH) 2) in the binder dissolves in the water, slowly migrates to the surface and forms a drip which reacts with carbon dioxide in the air to form insoluble calcite (CaCO 3). However, their presence does not necessarily indicate structural problems
terms of its mineral forms such as calcite. The most vulnerable binder components to dissolution are calcium hydroxide. Owing to the presence of impurities, hydraulic limes possess a smaller proportion of calcium hydroxide in comparison to non-hydraulic and feebly hydraulic limes. Therefore, the later limes are more susceptible to dissolution. Surprisingly, Ca(OH)2 is more soluble in cold water so binder leaching is potentially more of a problem in cold, wet climates than in warmer regions. Both hydraulic and non-hydraulic limes rely on carbonation to set completely. The degree of carbonation has a significant influence on the potential for binder migration, because calcium hydroxide (Ca(OH)2 freelime is 100 times more soluble than calcium carbonate (CaCO3), making uncarbonated lime mortar more at risk of binder loss than carbonated. Carbonation requires penetration of carbon dioxide through pores, and if masonry is fully saturated carbonation will occur at a slower rate. Thus, higher rainfall in future could prolong the period of saturation and reduce the rate of carbonation, leading to a greater risk of leaching in new work. In existing masonry, there may be very little calcium hydroxide left, in which case the lower solubility of the calcium carbonate (CaCO3) reduces the risk of future leaching.
Factors in mobility The ability of lime to carbonate is essential in reducing the solubility of the material. Carbonation can be hindered by an inability of CO2 to penetrate into the binding matrix due to the thickness of construction, and permanently damp conditions preventing CO2 entering the pore system. It may be possible to set some parameters that may help with the development of a basic model to assess
the vulnerability of the mobility of free lime (see Table 1 and 2).
Study results To understand better the leaching behaviour of lime binders in mortar, the Edinburgh study accelerated leaching in the laboratory, using ammonium nitrate solution, which increased the rate of binder loss about 20-fold, enabling tests to take a reasonable time. The work showed that accelerated leaching removed calcium hydroxide from uncarbonated mortar made with natural hydraulic lime, reducing its strength and increasing its sorptivity (a fundamental measure of water absorption rate). NHL5 limes were more resistant to leaching than NHL3.5 and NHL2 limes. Accelerated leaching removed calcium carbonate from carbonated mortar but the rate of binder loss, strength loss and sorptivity change was considerably lower in this case. Based on the measured data at a 20-fold acceleration, the age of the stalactites (see right hand figure) was estimated at between 170 and 260 years. Since the structure was
completed in 1864, this agreement is encouraging and shows that the analysis is reasonable.
Conclusions Binder migration is a function of water diffusion within mortar and porous masonry, leading to dissolution and re-precipitation of the lime. Its importance depends on the relative amounts of calcium hydroxide (high solubility, present in uncarbonated mortar) or calcite (lower solubility, present in carbonated mortar). The process is slow and may be cause for concern especially in ruinous mass masonry, open wall head buildings and bridges, which may be prone to accelerated binder loss, especially if full carbonation has not occurred. This has implications for overall stability and potential for falling masonry. Problems may be aggravated by climate change, with increased frequency and severity of rainfall. It may be advisable to include targeted survey of the heaviest exposed sections of structures and combine this with basic mortar analysis in an attempt to determine the degree of binder deficiency. C
Table 2 Influence of binder loss from mortars A reduction in the compressive strength and durability of the mortar
Alan Forster is Associate Professor in Building Conservation and Construction Technology and Phil Banfill is Professor of Construction Materials at Heriot-Watt University A.M.Forster@hw.ac.uk P.F.G.Banfill@hw.ac.uk
Higher degrees of mortar permeability The migration of fine aggregate and silts leading to altered moisture movement in the fabric Potential loss of bond between mortar and stone leading to loosening, falling masonry and eventual collapse
Related competencies include Building pathology, Design and specification, Inspection
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RICS BUILDING R E STO R ATI O N CONSERVATION JOURNAL
k The Georgian house has been restored for public use
Kate Wilkins and Sam Neuman look at how a modern lighting design recreated the character of a restored Georgian House
L
Guiding light
lanelly House in Carmarthernshire was built in 1714 and is regarded as one of Wales’ finest Georgian houses. In the 19th century, however, it had been split into tenements and by the later 20th century, it had fallen into disrepair, as the area’s industrial prosperity faded away. The rescue of the Grade I listed house began in 2003 when it featured on the BBC television series Restoration. The Cambrian Heritage Regeneration Trust led a campaign to raise funds to purchase the building in 2009, and became the lead partner for its conservation and restoration with support from the Heritage Lottery Fund and a range of other grants and private donations. Today, painstakingly restored for public use, it houses the National Centre for Genealogy incorporating retail, function rooms, exhibition space and a restaurant. We were appointed to create a lighting design scheme for 3 2 J U LY/A U G U S T 2 0 1 5
k The lighting seeks to retain the character of the house’s interiors
Llanelly House as part of the restoration and conservation project led by Austin-Smith:Lord Architects. Our approach sought to recreate the atmosphere and character of the of house’s interiors during its domestic heyday. Due to the basic lighting technique available, a Georgian house would have appeared dim with artificial lighting either from a rush taper dipped in tallow or beeswax candles placed in sconces, with movable chandeliers. Our work was guided by the conservation management plan’s direction that new services that should be integrated discreetly and, where architectural details had been lost, replacements should be based on precedents to restore the integrity of the building. Today, the best parlour and drawing room combine to form a flexible space that houses the restaurant/cafe and can be rearranged for events. As an impressive formal space this would have originally featured central lamps or chandeliers, allowing us to mount two new fittings in the centre of the ceiling roses. Rather than attempt to recreate the lost originals, however, we commissioned a contemporary fixture from porcelain artist Anna Usborne, using gilt-edged ceramic petals that conceal
RICS BUILDING CONSERVATION JOURNAL
LED bulbs and reference Llanelly’s famous pottery. The result is a richly textured piece that complements the room’s restored architectural details and works of art. To provide additional light in the principal rooms, we introduced new wall lights beside surviving fireplaces. Here, again, we avoided elaborate reproductions, instead creating a series of simple tungsten fittings that respect the historic fabric and replicate the warmth of candlelight. The principal staircase at Llanelly House is not only a key circulation route but also a flexible space used for receptions and exhibitions. It is doubtful that it would have originally contained permanent light fittings, however, we had to balance historical authenticity with modern access and safety standards which demand adequate fixed lighting levels. We therefore used a series of simple wall lights – techniques that would be recognisable in the 18th century. Introducing display lighting at Llanelly House was a technical challenge, because we wanted to avoid intrusive new fittings that compromised the historic fabric. In the main display spaces we used mini LED spotlights fitted on suspended discs above traditionally styled chandeliers, focusing directional light on objects around the edges of the room as unobtrusively as possible. The important collection of Welsh paintings and Chinese porcelain armorial service can now be enjoyed thanks to a careful lighting plan that displays them to best effect. We also adopted a minimalistic architectural lighting plan in the hallways and corridors, which allows the subtle textures of
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walls, ceilings and floors to be properly appreciated, and gives the visitor a sense of the authentic character of the building. The project took place as lighting was undergoing something of a revolution. Early LED bulbs emitted a cold light with too much glare, but happily technology caught up with our ideas and today’s LED bulbs can offer true colours with minimal glare, and offer a similar warmth to candlelight. They can be also dimmed, allowing spaces at to be imaginatively lit using a series of presets to suit different purposes. Most importantly, newer LED fittings are tiny, allowing strips of bulbs to be concealed, for example on plaster mouldings or timber panelling, to illuminate restored and original architectural features. The result is a lighting scheme that blends into the background and allows the building to tell its own story. C
Kate Wilkins and Sam Neuman are Founders of Kate and Sam lighting designers kate@kateandsam.co.uk
Related competencies include Design and specification
“ Gaining my degree has helped me to secure a more senior role and enrol onto the RICS APC, fullfilling my desire to become a Chartered Surveyor. I thank the College for the help and support they gave me.” Pete Ewbank, BSc (Hons) Building Surveying Senior Building Surveyor, Fairhurst Estates Ltd.
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RICS B UI L D I N G H E R I TAGE AGE N DA CONSERVATION JOURNAL
UPDATE
+info
Heritage Agenda is compiled by Henry Russell OBE FRICS, School of Real Estate and Planning, University of Reading and chair of the Heritage Alliance’s Spatial Planning Advocacy Group h.j.g.russell@reading.ac.uk
New ministerial teams Following the Conservative Party’s victory at the general election, there have been changes at the Department for Culture Media and Sport (DCMS), which has responsibility for heritage policy. John Whittingdale is appointed Secretary of State, moving from his chairmanship of the Commons Culture Committee. Ed Vaizey remains in the department as minister with responsibility for Culture and the Digital Economy. Other ministers are
Tracey Crouch, Baroness Neville-Rolfe and Baroness Shields. The Department for Communities and Local Government has responsibility for planning and building regulation and has just inherited architecture from DCMS. Greg Clark takes over from Eric Pickles as Secretary of State. Junior ministers are Mark Francois, Brandon Lewis, Marcus Jones, James Wharton and Baroness Williams of Trafford.
Historic England set its remit After years of consultation and planning, English Heritage has divided into two parts. The statutory casework and guidance part became Historic England in April, while the properties in care retain the English Heritage brand. The new chief executive of Historic England is Duncan Wilson OBE, who worked for the Department of Culture Media and Sport and English Heritage in its early days. He has subsequently carried out transformational changes at Somerset House, the Old Royal Naval College at Greenwich and at Alexandra Palace. Historic England is looking at providing a range of enhanced services, for which it will make a charge. The intention is to give more certainty to the heritage planning process. The planned services are fast-track listing and certificates of immunity from listing processes; enhanced list descriptions to state where significance lies and to identify the elements of a site that could be excluded from listing. In addition, it is looking to extend pre-application advice and introducing a screening service that could establish at an early stage what constraints and opportunities there might be ln substantial areas of land. n www.historicengland.org.uk
Welsh Heritage Bill lists priorities The Historic Environment (Wales) Bill was introduced into the Welsh Assembly in May, proposing many measures recently enacted in England. These include increased protection for heritage under threat of unauthorised works, heritage
partnership agreements, relaxing requirements for certificates of immunity from listing, a statutory register of Welsh parks and gardens and better support for historic environment records. New policy and guidance is being drafted and will be consulted on when the Bill becomes law. n http://bit.ly/1IJ4HX5
Good practice notes updated Historic England and the Historic Environment Forum have issued three guidance notes to replace the old PPS5 Planning Practice Guide, which is now superseded. These cover decision-taking, settings and local plans. They are linked from the informative heritage planning page on the Historic England website. n www.historicengland.org.uk/advice/planning/planning-system/
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Committee to review built environment policy The House of Lords has confirmed that an ad hoc committee is to be established to consider national policy for the built environment. The bid for the new committee was proposed by Baroness Andrews, former Chair of English Heritage, and Baroness Whitaker. In particular, the committee will cover the ways in which national built environment policy is developed and implemented, the effects of national policy on local authorities, planners, developers, employers, infrastructure providers and others; the impact of the built environment on economic growth, wellbeing, social cohesion and sustainability. Such an holistic inquiry into the built environment has never taken place before and it cuts across the policy areas of many government departments including the Department for Communities and Local Government, the Department for Culture, Media and Sport, the Department of Energy and Climate Change, and the Department for Environment, Food and Rural Affairs.
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Certificate in Building Surveying This comprehensive 6 month distance learning course will develop the essential skills and knowledge needed as a commercial or residential building surveyor across the built environment. Learning outcomes: • Determine the appropriate processes of construction, alteration and improvement • Identify the impact of regulations and standards on building surveying • Create a client brief in order to deliver their requirements • Ascertain the likely building defects likely to be encountered across different buildings.
Register your interest: academy.rics.org/distancebs
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RICS Dilapidations Forum Conference 30 September 2015 #RICSdilaps
Last year, over 415 practicing building surveyors, valuers and legal experts in the sector attended our annual Dilapidations Forum Conference. This key event returns with a choice of technical breakout sessions allowing you to tailor your day and providing you with exceptional value for money. With a variety of specialist topics on the programme, this is the event of the year you can not afford to miss. Join us to network with industry leaders and ensure you remain at the cutting edge of the dilapidations sector.
Book your place:
rics.org/dilapsconference
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