HI Technical Bulletin Issue 6 February 2009
For registered members of the SAVA Certification Scheme This month: The Party Wall etc. Act 1996 and the Home Inspector Do you agree with the Home Inspector? Some thoughts on pitched roofs Notes/record of inspection— important reminder Last month‟s case study comments
Welcome to Issue 6 of SAVA‟s Home Inspector Technical Bulletin The bulletin focuses on Home Condition Reports and associated non-energy issues. We trust that you will find the bulletin useful for your day-to-day work and we welcome any feedback you have about what you would like to see covered in future editions.
The Party Wall etc. Act 1996 and the Home Inspector It is a frequent misconception that the Party Wall etc. Act (PWA) 1996 only affects new construction and major conversion works such as extensions and radical internal re-configuration, for
example
loft
conversions
and
basement extensions. As this article will explain, the Home Inspector and surveyor must be aware of the PWA and
how
it
might
affect
smaller
building works. The purpose of the article is assist in identifying issues which may give rise to the proceedings and matters of which the Home Inspector should be aware
when
considering
the
costs
involved in the repairs, which he is identifying as being necessary.
The
most likely occasions that the HI will encounter the need for procedures involving
the
PWA
are
when
he
identifies a defect requiring repair, which is likely to affect the next door neighbour. This can be anything from a major repair such as underpinning a section of the building to simply repointing part of a shared chimney or
under the PWA, creating a record of the state of the neighbour's property (a
Schedule
of
Condition)
and
creating a legal document called an Award. (NB The protection provided operates in both directions. the
Schedule
of
Without
Condition,
the
instigator of the work can deny that reported damage occurred as result of his operation and a long legal battle ensures. It has also not been unknown for a neighbour to make a fraudulent
claim
that
pre-existing
damage has only just occurred and is clearly the result of the works.)
replacing the flashings.
What causes the PWA to
Before focussing on details, we need
be brought into action?
to look at what generally gives rise to
Essentially, there are three situations
circumstances, which will involve the
where Notices under the PWA are
PWA and why. The PWA came into
needed.
being in 1996 as a measure to prevent
construction is to occur right on the
unnecessary
boundary, the line of junction.
and
costly
litigation
One
is
where
new A
between neighbours when one of them
second is where the work is going to
did
interfere with the party wall or a wall
building
work
and
the
other
suffered damage. The
full
which might become a party wall.
procedure—this
shortened—involves
issuing
can
be
Notices
The third is where a trench is going to be
excavated
for
foundations
or
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HI Technical Bulletin © National Energy Services Ltd 2009
drains to such a depth that the bottom of the
occasions, be sufficient to "blow" the plaster
trench will be below the foundations of a
off the opposite side of the wall, particularly if
structure, which is within 3 metres, or in
it is weakly adhered in the first place.
some cases 6 metres, on neighbouring land.
Without a record that the plaster is poorly
It is considered to be highly unlikely that the first circumstance would result from a repair this can be ignored for the purpose of this article.
likely circumstances that the HI may identify could be that underpinning is likely to be necessary to the building or that there is some severe defect regarding the drains, which will entail the excavation of a deep trench.
Going up to the top of the building, there is the other common feature of the need to introduce
an
adequate
support
for
the
remnant of a chimney breast. Here we have one of the perennial problems of whether this is a defect or a deficiency, but we are not Suffice
Rating
both
consideration, there is adequate evidence of
Protocol—
a defect in the support of the chimney above
that
will
be
applied. the
SAVA
In
identified as CR3 on several grounds: the seriousness of the defect, the likely cost
costs sufficiently
Remember that if the party wall is only
½-brick thick the likelihood of damage is
here to discuss this particular conundrum.
the condition rating will have already been
raise overall
wall.
The HI needs to think about the Condition circumstances—using
procedure might
paying for re-plastering both sides of the
even greater.
Taking the last situation first, two of the most
“The PWA
attached to the wall, the client may finish up
related to the reinstatement cost, and the need to call for further investigation (the home inspection being non-invasive).
The
probable need to involve PWA procedure simply
exacerbates
the
cost
and
the
to
say
that,
in the
case
under
the roof line. The HI's decision is that support is required and because of the design of the house, the only acceptable route is the introduction of a pair of gallows brackets with an intervening beam.
This will need PWA notices because
the action will interfere with the party wall and may place a strain on it. It is not
to cause the
likelihood of CR3 rating is confirmed.
repair to be
CR2 and the PWA
thick
brought from a
What we must consider in greater detail are
damage.
CR2 into a CR3.”
the ramifications of repairs which involve a
There is also the common discovery of a lack
uncommon for the wall to be only ½-brick
part of the building which could be deemed under the PWA as being a party structure or may be sufficiently close to a party structure that the PWA may apply. These repairs may appear minor and, when the SAVA Protocol is applied, only attract a CR2 but the Home Inspector must bear in mind that the costs of the PWA procedure might be such that the
creating
an
even
greater
risk
of
of a firebreak in the loft between the two properties.
Again, as the party wall will be
"interfered
with"
the
PWA
procedure
is
required. There are several places externally where repair of defects must give rise to the anticipation of the necessity of providing PWA notices.
overall costs are raised sufficiently to cause the repair to be brought into a CR3. Let us take, as an example, the very common occurrence of a defective damp proof course, which is likely to result in a chemical barrier being introduced.
If this affects the party
wall, both properties will need the treatment, but there may be circumstances where the neighbour will either be unwilling to partake in a joint operation or consider that any dampness is not causing any discomfort or unsightliness on their side.
They may even
consider that they have had satisfactory treatment
previously
and
are
not
now
affected by rising dampness. It should be noted that, by the mere act of injection,
the
pressure
injected
can,
on
Chimney support
Keeping with the theme of chimneys, another example is that of a badly pointed chimney stack where repair to one half may result in
Issue 6 Page 3
Issue 6 February 2009
the dislodgement of the brickwork of the
If there is a parapet wall between the two
other half.
Clearly, if this occurs, the client
properties and a flashing is dressed into it,
will have to meet the costs for the repair of
this amounts to disturbance of the party wall
the neighbours' side and it is essential that
and the process is preferable to avoid the risk
adequate records are provided.
of later litigation. Therefore, we can see that what might on the face of it be quite minor, though advisable repairs, can considerably increase the cost can by virtue of reference to the PWA.
What are these costs? First of all there is the cost of the initial notices;
sometimes
if
the
neighbour
is
prepared to "play ball" the matter may go no further. If however, there is some resistance from the neighbour the full procedure of the PWA will come into play.
Fire break missing
Similarly, where flashings around a chimney are defective, if the replacement runs the possibility of disturbing the flashings of the other half of the chimney care should be taken.
In both of these cases, the HI may
have determined that the defect warrants a CR2; but may rise to a CR3 if the possible involvement
of
the
This involves the
neighbour appointing a surveyor—it might be
PWA
gives
rise
to
significant additional costs.
the same one that the client appoints but can be another, a Schedule of Condition has be drawn up after an inspection of relevant parts of the neighbour's property, and a document called an ‗Award‘ has to be agreed on and ‗published‘ to each of the parties. Imagine if there is a terraced house and a new roof is required, the procedures of the PWA are likely to apply to both neighbours, increasing costs commensurately.
“Costs can increase considerably by virtue of
Cost can vary considerably, but if there is the necessity to follow the full procedures under the PWA, there can be a charge of around £750 from the surveyor appointed by your client for each neighbour he has to deal with and
this
is
frequently
doubled
by
the
surveyor appointed by the neighbour, even if it is the same surveyor. Chimney stack
On the exterior of roofs, where the HI has identified a defect to a roof which might involve considerable repair, it is highly likely
For example the cost for the replacement of a flat roof covering, which might be estimated at about £1500, could easily double if these procedures are necessary, or even triple if the work goes across boundary to boundary
that the repair will involve working on the
and notices are required to two parties.
party wall.
Finally, how does the HI deal with informing the client?
This can be done by adding a
short sentence to each related section of the report
(e.g.
"This
repair
may
involve
procedures under the Party Wall etc. Act 1996.") or by adding a similar general note to the report or your covering letter in the case of the HCS (e.g. "Some of the repairs identified in this report may give rise to procedures under the Party Wall etc. Act 1996.").
The danger of using the former is
that you might miss a specific example where Cutting flashing into parapet wall
the party act will apply and get a complaint – or worse.
reference to the PWA.”
Issue 6 Page 4
HI Technical Bulletin © National Energy Services Ltd 2009
Do you agree with the Inspector? There were a number of small localised damp
or lifting of the wall paper and no smell of
patches found at the property:
damp in the room. As mentioned above, the cause could be due to the lack of the drying
Bedrooms 2 and 3 Bedroom 3 had a small (300mm² or so) patch to the external gable wall at skirting
effect (these patches also faced north-west), or it could be due to condensation.
level. This had caused a small section of wall paper to lift.
High readings on stained area
Bathroom
This month’s case
There was a small patch of damp in the
Bedroom 3 small patch of damp and
study focuses on
bathroom.
slight lifting of wall paper
the interpretation of moisture meter readings and the consequent
This wall was rendered externally, but the render was in very good condition with no cracks visible.
There was also a projecting
string course which would retain water; but
derivation of
as this is lower down the wall, and there are
condition ratings.
no signs of damp to the corresponding area
It was submitted by Steve Pierpoit, DipHI.
This was located at high level
adjacent to the boiler cupboard and there
of the internal wall (bedroom 2), it seemed unlikely to be the cause. The damp patch in bedroom 2 was similar in that it was about the same size and located at skirting level. There was no staining to the paintwork and no smell of damp in the room.
was visible staining of the paint surface. The moisture meter readings peaked at the edge of the staining, so the HI concluded that there were salts being deposited.
This
section of wall was located roughly beneath the valley gutter to the cross gable. This was inspected from the outside and in the roof space and no evidence of water penetration was found. This dampness may be the result of a past leak to the valley gutter.
The
hygroscopic salts are extracting moisture from the air and will continue to do, so spoiling any redecoration.
These sections of wall faced north-west and would get little sun in winter, so perhaps it was the lack of drying effect that was the cause. Alternatively it could be condensation, as the owners do not fully heat the house if they are going out for the day and the damp patches were located in areas of limited airflow, i.e. low down and surrounded by furniture and stored items.
Bedroom 1: Two small patches of damp were found: the first is at high level inside the fitted cupboard—this is an external wall.
The
second patch is at waist height in the north-west corner. The HI ruled out the poor quality brickwork to the bricked up window as the cause, because if this was the cause the damp would be likely to be more
wide
spread;
it
also
did
not
correspond to the location of the patch. There was no staining to the paintwork High readings on stained area
Splash-back from RWP
Kitchen This small section below the window, which was an exterior
wall, had visible damp
staining and high readings to the edges where salts were being deposited.
There
were a number of possible causes that the HI checked externally.
Issue 6 Page 5
Issue 6 February 2009
The brickwork repairs beneath the sill – these
bathroom and kitchen walls which will need
were sound with no open joints or cracks to
to have small sections of plaster removed (to
the mortar beds.
remove the salts) and patch repairs to these
The nearby soil pipe was
not damaged or leaking.
This only left the
guttering arrangement for the lean-to, which may not have coped with the rainfall as this was South-West facing.
areas.
My
condition
rating
for
the
internal walls follows this path: For bathroom and kitchen walls
Living room and dining room The damp patches to these rooms were very localised: in one corner of the living room and two small patches to the dining room. ‗
A – No hazard is present, i.e. the plaster work is not loose or dangerous J – A repair is required L – The repairs are not cosmetic/minor, i.e.
Conclusions
the damp areas will need patch repairs to
In the absence of any definite/cast iron
remove the salts before redecoration can
causes for the areas of damp outlined above,
take place
The HI will need to recommend further
N – The defect is not serious, would not be at
investigations by an independent suitably
considerable cost and are not detrimental
qualified person. This is necessary to exclude
to the structure – FI is needed for damp
the possibility that the damp is caused by condensation and to prevent money being wasted on unnecessary remedial treatments or repairs.
Carbide meter testing or deep
wall probes and salts analysis of the affected areas will be required and this is not possible under the terms of engagement for a Home Condition Report. The damp will be included in section E9 (dampness). Condition
Rating
of
Therefore a CR3 —Further
not for the condition of the walls O – The defect is not likely to develop rapidly or to cause structural failure R – This path delivers a CR 2 rating For all other walls A – No hazard is present, i.e. the plaster work is not loose or dangerous
Do you agree with the Home
J – A repair is required
Inspector?
L – The repairs are cosmetic/minor, i.e. the
Contact the
Investigations will be entered in Section
damp areas should dry out OK when the
Editor with your
E9 —Dampness.
source of moisture is eliminated and then
views and
redecoration can take place as part of For the condition ratings of the internal walls the HI will need to be balanced and not let the relatively small areas of damp found
ongoing maintenance. They are not so severe that re-plastering is required M – The defect is not impairing the
unduly affect the condition rating of these
performance of the building i.e. it is the
elements in a disproportionate way.
source of damp that is doing this not the
The
patches are small, and once the source of moisture is eliminated, these should redecorate OK, with the exception of the
condition of the internal walls. This path delivers a CR 1 rating
Inside partitions—room in the roof: The internal partitions of the bedroom located in the roof room are of timber constructions and are finished with laminated boarding.
E 3. Inside walls, Partitions &
2
plasterwork
The internal partitions to the bedroom located in the roof room are distorted. Some repairs or replacements are required but these are not considered serious or urgent. Inside walls & plasterwork—bathroom and kitchen: The internal walls to the bathroom and kitchen are of solid construction finished with plaster. The internal walls to the bathroom and kitchen are damp. Some repairs or replacements are required but these are not considered serous or urgent.
Rating
Description. Justification for Rating & Comments There is evidence of dampness in the property.
E 9. Dampness
3
Dampness is affecting small sections of the internal walls in the bedrooms, bathroom, living room, dining room and kitchen. The cause of the dampness cold not be definitively identified within the terms of engagement of this report. This is considered serious and in need of further investigations [see repairs and further investigations, Section B8].
opinions.
Issue 6 Page 6
HI Technical Bulletin Š National Energy Services Ltd 2009
Some thoughts on pitched roofs Home Inspectors should be familiar with
correct erection and fixing procedures on site
different types of pitched roof construction.
under competent supervision.
The roof structure of pre-1960s houses will generally
comprise
rafters
supported
on
purlins; the purlins either being strutted down onto load-bearing walls or, for larger roofs, supported on trusses (see Figure 1). The rafters are commonly 50mm x 100mm at about 450mm – 600mm centres, with purlins varying in size according to span and roof
Trussed
rafters
normally
span
between
external load-bearing walls without the need for
intermediate
supporting
walls,
but
adequate bracing of the whole roof and satisfactory connections to the supporting structure are essential to ensure overall stability.
type, but usually in the range of 75mm x
Permanent bracing ensures that wind forces
150mm up to 100mm x 250mm. Older roofs
do not impair the stability of the roof. This is
were often covered in thin slates, often
particularly important on gable ended roofs
Welsh, which have a low self-weight, and the
(as opposed to a hip ended roof).
roof structure was designed to accept this
must the roof structure be stable under wind
load.
loads, but the gable ends must be prevented
When an older roof is recovered, it can be subjected to substantially higher loads from new tiles than from the original ones. This is particularly relevant when a slate roof is replaced with plain clay tiles or concrete interlocking
tiles,
which
can result in a doubling of the dead load. s tr uc tur e
that
performed before
has
satisfactorily
recovering
from being blow in under a positive wind pressure
or
being
sucked
negative wind pressure.
out
under
a
Up to 1973 the
significance of wind bracing was not always fully appreciated, so any property with a trussed rafter roof built before 1975 could be suspect. with
Fortunately, remedial work to deal
inadequate
bracing
is
not normally
expensive. Whilst trussed rafter roofs are economical
may
and cost effective, they do have limitations.
or
In a competitive market, they are designed to
sagging of the ridge after
the limit and thus do not allow for any
recovering.
Overloading
significant increase over the design loads.
may also manifest itself in
The loft space, for instance, can only be used
sagging
and
for light storage which should be placed on
sometimes
boarding supported on the ceiling ties and
roof spread. Conversely,
not on the plasterboard ceiling. Supports for
suffer
from
rafters,
Figure 1: Strutted purlin roof
A roof
Not only
dishing
purlins and
if a heavier roof is re-covered in a lighter
water
material such as artificial slates, there may
structure. High levels of insulation above the
not be sufficient self-weight to prevent uplift
ceiling joists create a 'cold' roof in winter
under wind suction, leading to holding-down
which
straps being required.
vapour barrier is incorporated at ceiling level
Roof
construction
normally
in
comprises
post-1960s lightweight
houses trussed
rafters at 600mm centres (see Figure 2). The rafters
are
fabricated
from
38mm
thick
timber members fastened together in one plane
with
metal
tanks
can
the
introduction
Regulations).
tiling battens and the ceilings of
providing separate ceiling joists, purlins or ridgeboard. be
emphasised
rafters
are
components satisfactory
that
It should trussed
engineered and
performance
thus can
only be ensured by adopting
unless
the
a
of
Figure 2: Trussed rafter roof
the
1985
Building
Cold water pipes can freeze
unless well insulated.
connectors,
necessity
condensation
into
is particularly relevant for houses built before
rafters provide support for the the
cause
engineered
and ventilation is provided at the eaves (this
normally nailplates. The trussed
without
are
Issue 6 Page 7
Issue 6 February 2009
It is important that HIs are aware of these
The hazards created by this process are
issues
clearly severe, leading to the possibility of
when
Overloading
inspecting of
older
roof
roof
structures.
structures
by
heavier replacement roof coverings is not an uncommon problem, and if HIs come across this situation, they should check whether the
the collapse of the roof. Compiled from Fact Sheets written by Rodney Higgins.
roof structure has been strengthened. If the
References: BS 5268-3:1998 Structural Use
roof structure is showing signs of distress,
of Timber Part 3: Code of practice for trussed
then clearly it must be reported. Overloading
rafter roofs.
of the ceiling structure by excessive storage, especially with trussed rafter roofs, does also happen and again should be reported.
The Trussed Rafter Association: www.tra.org.uk/.
It is also not unknown for the internal bracing of trussed rafters to be partially or completely removed to create loft space without the roof structure being appropriately strengthened.
Notes/record of inspection—important reminder In times of depreciating property values,
surveyors have forgotten this, or, if they
there is a much greater risk of a home owner
trained with another provider, the mantra
casting around to see if any blame for the
was not drummed into them in the first place.
“The Home
downturn in the value of their home can be
However, the subject is so important, that we
laid anywhere else. Therefore, if ever Home
make no apology for returning to the subject
Inspector
Inspectors
were
here
obligation
to
in
any
doubt
of
their
in
the
technical
bulletin.
Home
needs to make
notes,
Inspectors need to be aware of their liabilities
complete and
including the clear recording of all moisture
in carrying out residential inspections and
meter readings, now is the time to re-assess
must understand how much detail they need
comprehensive
inspection practices.
to record
make
reasonable
This obligation is unequivocally covered in the National Occupational Standards for Home Inspectors.
Element 4.2 states clearly and
about the property and what
activities they have undertaken on site to
record his
verify the condition of the property at the
findings
date of inspection.
accurately”.
plainly that the Home Inspectors are to
Historically, within the surveying profession,
―Make
claims
complete
and
comprehensive
site
for
negligence
against
surveyors
notes‖ and need to ―Record [their] findings
relating to damp and timber defects are
accurately‖.
among the most common. Therefore, we are
The
point
Inspection
is
further
and
amplified
Reporting
in
the
Requirements,
which state that:
are the Home Inspectors’ proof that the inspection,
reflections
conclusions accordance
focussing
this
reminder
on
the
use
of
moisture meters. Fryer v Bunney (1982) is a court case that
“Site notes must be complete, as they
were with
and
technical
conducted the
in
Performance
Requirements.
demonstrates this very clearly and sets the precedent for how surveyors should behave when inspecting a property for the presence of damp. The case centred on the failure of the surveyor to identify the presence of damp in the property he had inspected.
Fryer
bought the property and in doing so relied on
Queries can be raised several months,
Bunney‘s report which did not mention the
even years, after the inspection, and
presence of damp. Subsequently, damp was
Home Inspectors should appreciate that
found in the property.
a good set of legible site notes, which can be interpreted by another Home Inspector, will be the best.”
Counsel for Fryer argued that the surveyor had been negligent in not taking moisture meter readings. Bunney‘s defence responded
Any surveyor who trained with SAVA, should
by arguing that not only had the surveyor
be familiar with the mantra of „record it in
taken moisture meter readings, but had
your site notes/record of inspection‟.
taken them at one metre centres to those
Unfortunately, during some recent audits, we
walls that were accessible, as is commonly
found
and accepted practice.
that
some
Home
Inspectors
and
site notes and
Issue 6 Page 8
HI Technical Bulletin © National Energy Services Ltd 2009
The defence was
indicate when the meter readings do not
unable to prove this except by the verbal
indicate the presence of damp and when
evidence of the surveyor, as the surveyor had
readings
suggest
made no corroborative notes at the time of
present.
In addition, because it is accepted
the inspection to support his defence.
practice that the moisture meter should be
But here is the point:
The case went against the surveyor because he could not prove, after the event, that he had taken moisture meter readings.
The
property may well have not been damp at the time of the inspection but he could not prove that. This tells us that it can be an expensive mistake not to record properly where all moisture meter readings have been taken. The best way to do this is by use of a simple sketch plan to indicate where the moisture
that
moisture
may
be
used at 1m intervals, the same sketch plan should also identify the position of any furniture or other obstructions that might prevent readings being taken to some parts of the walls (cupboards, sofas, radiators etc.). This is best supported by photographs. These are simple tasks, and while they might mean a little while longer on site, they are the kind of best practice that can save you a fortune in claims for negligence at a later date.
meter was used, and a simple code to
Last month‟s case study at
caused by the guttering leaking, and causing
defects of dampness and cracking in
splash-back onto the wall. I agree with the
walls and the use of cross-referencing in
rating, though D3 might have been a rating
the HCR to clarify the effects of these
of three.
Last
month‟s
case
study
looked
defects.
I would state such dampness as penetrating
The following comments were sent in by Neil Hewitt.
different type of defect, and requires a different remedial approach (if any).
D2: Flat roof—this is quite an interesting example, though it is clear cut, and it is hard to see how any rating could be less than three. It would be good some time to see an example that is more borderline e.g. clay tiles with lamination, or a slate roof that has slippage, but is not leaking. Plus of course, the classic concrete interlocking tiles on an older roof.
damp, not rising damp, which is a totally
There is also the health and
safety issue of the loose bricks on the flat roof.
D4 main walls—without full reference to the inspector‘s site notes, it is difficult to fully ascertain the type of movement. However, it does not look like a form of differential subsidence, but it may be due to thermal movement, perhaps the roof/structure of the extension. The danger is that under section B reference has been made to trees on clay subsoil. This may suggest to the lay person reading the HCR, that there is subsidence due to soil conditions.
E9 Dampness—the issue here is that the inspector has stated that rising damp is We welcome your feedback and comments. Please email: bulletins@nesltd.co.uk Registration Services : 01908 442 277 registration@nesltd.co.uk Compliance: 01908 442288 compliance@nesltd.co.uk Technical Support Helpdesk: 01908 442105 support@nesltd.co.uk Training enquiries: 01908 442254 training@nesltd.co.uk NES one Credit Top up line: 01908 442299 To download electronic copies of the bulletins, login to NES one and go to ‗Useful Documents‘ All original content © 2009 National Energy Services Ltd SAVA, The National Energy Centre Davy Avenue, Milton Keynes, MK5 8NA Web: www.sava.org.uk