Technical Bulletin Issue 12 by Sava

SAVA Technical Bulletin For registered members of the SAVA Certification Scheme

Issue 12 | July 2011 All content © National Energy Services, Ltd Welcome to Issue 11 of SAVA’s Technical Bulletin (formerly HI Technical Bulletin). The bulletin focuses on Home Condition Surveys 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 contents of this technical bulletin may supersede certain scheme rules or requirements appearing in the Product Rules, Inspection and Reporting Requirements, training manuals or elsewhere. Members must therefore ensure that they have read and understood this document.

IN THIS ISSUE Changes to SAVA Condition Rating Protocol

Ask our Expert

Acting as the ‘eyes and ears’ during HCSs

Reader’s comments

What to tell the conveyancer about PV systems

Conservatories

On being professional

Changes to the SAVA Condition Rating Protocol–a step forward... The SAVA Condition Rating Protocol has recently been amended to address some fundamental developments in surveying practice and to deal with the problem of how to record deficiencies in construction (as opposed to defects). Probably the most controversial part of these amendments is how to deal with what Phil Parnham (coauthor of „the Home Inspector‟s Handbook & the Domestic Energy Assessor‟s Handbook‟) has conveniently referred to as “services that kill”. In essence the revised Condition Rating Protocol now recognises the fact that the “services that kill” and which use electricity or combustible fuels can only really be condition rated as either:

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Not in need of repair (CR 1); or

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In need of repair (CR 3); or

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Requiring further investigation (CR 3)

The risk to life from electricity or from the combustion of fuels is so great that a Condition Rating of 2 is not feasible in the assessment of risks to people.

In the case of “services that kill”, a lack of a recent test should automatically be given a CR3. Shifts in surveying practice and attitudes tend to follow the market and negligence claims. When the Home Condition Report was first developed one of the primary objectives was that the industry needed to be more objective and less defensive in its reporting and to stop deferring so readily to “white van man”. However, the specialists who carry out servicing, repair and testing of services are generally not „white van man‟ and are regulated by the government approved schemes in such work. From the surveying perspective, the difference when we consider “services that kill” is that unlike other elements of the structure we are not usually sufficiently qualified to comment on services, we do not test them and we only inspect them visually. Unlike the majority of other building elements they are mechanical, use potentially dangerous energy or combustible fuels that are converted on site into energy and the defects in the service installation cannot necessarily be identified from a visual inspection. (Continued on page 2) Page 1 of 15

SAVA Technical Bulletin Issue 12 | July 2011 | National Energy Services (Continued from page 1) The trade bodies of the professionals who service, repair and test services make recommendations regarding the servicing and testing of the various services and associated appliances. If testing is recommended and it has not been carried out, we must consider if there is a risk to both property and people from the element and give that service a CR3. In the case of electrical installations the argument that a lack of a test automatically means that a CR3 should be applied is easily justified. The NICEIC recommends various periodic testing regimes for electrical installations in residential property: For property in owner occupation NICEIC recommend testing every ten years, while for tenanted property the recommendation is for five-yearly tests. However, in all cases they also recommend testing “upon change of ownership”. However, the situation is less conclusive in the case of services that use combustible fuels. Gas Safe for example only recommends annual servicing (not testing) of gas appliances. Even so there are rules and regulations policed by the HSE relating to properties that are let, requiring them to be tested annually and a Landlord‟s Gas Safety Certificate must be provided to tenants. One recent prosecution of a landlord in Doncaster who failed to provide his tenant with a Gas Safety Certificate led to the HSE serving an improvement notice on him. He ignored the notice and the HSE subsequently brought in a registered gas engineer who identified five „at risk‟ defects. Magistrates fined the landlord £400 plus £1000 in costs. When the scale of prosecution could result in charges of manslaughter, this prosecution only illustrates a minor infringement. The risk to a surveyor in failing to identify that such an installation needs testing, and if that installation subsequently led to a loss of life, could potentially be far more onerous.

Taking the example of a gas fired heating installation which was the subject of a recent claim, the surveyor noted that the boiler was in excess of 25 years old and had not been serviced in recent years. A visual inspection of the boiler casing identified that there was no visible corrosion. The surveyor therefore gave the heating system a condition rating of 1. He also pointed out that servicing would be prudent in Section C. However, the heating engineer subsequently identified several defects with the system including corrosion of and sludge in radiators. More importantly, the engineer advised that the boiler was approaching the end of its useful life and the system was unsafe to operate and was uneconomic to repair. This is perhaps a case where a CR3 is easily justified because the lack of recent servicing was re-enforced by the age of the boiler. Common sense might have led to the consideration that further specialist investigation might be needed. The question has also been asked whether it is necessary to apply the rule that no test = a CR3; so strictly in the case where the service installation is relatively new. The issue with recent installations of condensing boilers perhaps illustrates the need for a CR3 even in these circumstances. In the last winter some publicity has arisen around reports of the freezing of condensate drain pipes that led to the failure of some boilers. Another, less publicised, issue is that several makes of condensing boiler might also have an inherent defect in the design. Several cases have anecdotally been reported to us where owners of new boilers have been frightened by loud bangs and shaken boiler casings when a build up of gases had ignited in the boiler cases. This is apparently caused by dirt blocking the ignition systems and allowing a build up of combustible gases in the casing.

the affected boiler, placed filters at the gas meter to confirm that the dirt was not from the gas supply itself. In this and in all other cases anecdotally reported to us the boilers affected had been stripped down and the boilers checked and cleaned. All this work had been carried out with all parts and labour provided by manufacturers or installers free of charge. In addition some heating engineers have been known to ignore the rules on boiler installation. The example in the photo below shows a newly commissioned boiler discharging directly onto a roof and not into a drain or specifically designed soak-away. Also it is now recommended practice to insulate the condensate pipe. It is therefore apparent that even new service installations can have issues that might (or might not) be identified by further inspection by a suitably qualified engineer. Although the recommendations for testing are less specific for heating installations compared to electrical installations there is a need to be consistent in the application of condition ratings for all “services that kill”. The associated risk with all these services is

(Continued on page 3)

In one anecdote the owner reported that the gas supplier, who also first installed

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SAVA Technical Bulletin Issue 12 | July 2011 | National Energy Services (Continued from page 2) that they can all cause loss of life if they are defective. We, as surveyors, are insufficiently skilled generally to judge if these elements of the property are safe to use and the lack of records of testing conducted by members of government approved Accreditation Schemes is sufficient reason to justify that a CR3 should be applied. It has also been asked: “Is this really necessary and won‟t this lose me business as competitors provide less risk adverse reports?” This clarification with regard to the condition rating of “services that kill” is also not with out precedence. The wider surveying industry has adopted this more risk adverse attitude in survey reports. It is not acceptable to apply CR1 or CR2 simply because there is a short term impact commercially on an individual surveyor‟s business. While none of us want to upset those who might provide us with leads (i.e. estate agents and

conveyancers) the reality is that the potential cost of a claim outweighs the reward to be gained from such introducers, both financially and in terms of reputation. Surveyors instead have to manage this issue well with such parties: Forewarning agents by turning this into a positive is the best approach. For example, if a survey is required agents could be encouraged to have the foresight to persuade clients to get services tested beforehand. Estate agents will no doubt see this as an opportunity to „up-sell‟ business to contractors who undertake such tests. On a final point perhaps the biggest issue is how to record services without test certification in your reports. The following is one possible paragraph that adequately explains the reasons for your condition rating of 3 (see Section F box on the right). Ian Brindle MA, MRICS, Better Prepared, July 2011

Applying Consistent Condition Ratings SAVA is currently holding regular one day seminars on the consistent application of condition ratings where the new protocol and the application of the Condition Rating Protocol is discussed in relation to services and other elements of the property. The course also looks at complaints cases, what can be learned from them, how to handle customer negligence complaints and concerns as well as providing a basic knowledge of negligence law. This classroom event is suitable for experienced, newly qualified and trainee surveyors. For more details visit: www.nesltd.co.uk/content/ home-condition-survey-applyingconsistent-condition-ratings Or contact us at: Training enquiries: 01908 442254; training@nesltd.co.uk

Section F—Services Description and Justification for Rating and any

The electrical installation is connected to a mains supply with consumer unit (fuse box) located with the supply meter in a cupboard at high level in the hallway. The remaining electrical installation is grey plastic coated cable where seen and connects to a reasonable number of modern socket outlets and to the lighting circuits.

Rating

CR3

No serious or urgent defects were observed within the limits of the visual inspection of the property. However, the electrical installation has not been tested recently and in accordance with NICEIC recommendations we therefore recommend that this is undertaken to verify if the installation is safe and meets current regulations.

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SAVA Technical Bulletin Issue 12 | July 2011 | National Energy Services

Acting as the ‘eyes and ears’ during HCSs General duty of care It has long been accepted in the surveying profession that a survey should include comments on legal issues that might be of concern; i.e. a surveyor (henceforth referred to as a „SAVA surveyor‟) should act as the „eyes and ears‟ of the solicitor, (the „legal adviser‟). Such a requirement was included in the original HCR and the relevant part of the Home Condition Survey (HCS) is an almost exact replica of that part of the HCR. Given the goalposts have shifted since the HCR has disappeared and the Scheme now offers a different animal: A „survey‟ not a „condition report‟. It is important that SAVA surveyors ensure they give their clients the level of service a Judge would normally expect. Some years ago, many legal advisers included a visit to the property, particularly if the documents indicated that there might be an issue that required special consideration. SAVA surveyors must recognise the reason they must act, in effect, on behalf of the legal adviser, because many legal advisers will not visit the property. In that regard, I believe all SAVA surveyors should note for most of their surveys:

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The current pick-list of options available in Section C for legal issues is not sufficient–there are many other possible legal issues that sometimes need to be flagged up; and In many instances, the two available blank boxes for other legal issues provide insufficient opportunity to report all necessary legal matters. I believe you will often need to draw the legal adviser‟s attention to many other issues not available to you in the drop-down boxes if you want, or intend, to advise your clients correctly and develop good, strong, relationships with your local legal advisers

Local knowledge SAVA product rules and previous case law require you to have „local knowledge‟. Other survey products at a similar level include such a requirement. I suggest you need a proper audit trail in your file to include preparation of a presurvey desk-top audit and confirm that you have consulted the local authority website and other relevant sources of local, regional and national information so you can confirm, in your HCS, issues such as listing status, situation in a conservation area etc.

Block plans Appendix 1 „Technical Guidance‟ (pp. 10) indicates „Block plans are not required but are useful to supplement site notes‟. I suggest a block plan is absolutely essential to establish the extent of the property you inspected. Remember you may be a „Home‟ Condition surveyor; but the client is buying a legal interest in the entire property and that includes all the land, services and buildings right up to the boundary. Indeed, your consideration must go beyond the boundary, to include one of the most fundamental legal issues, i.e. will your client have a legal right of access onto the property? Your block plan should record where you believe the boundary structures are and confirm one of those boundaries is directly adjacent to a public highway, either a road or footpath; or if not, the method whereby access can be gained from the property to the nearest available public highway. Such access details should be confirmed in your report.

Reporting practice My general rule of thumb is that the specific issue you notice on site should be reported in the most appropriate section; e.g. a shared gutter will appear in Section D3 of the report, followed by the phrase: „This has legal implications– see „issues for legal advisers‟ in Section C for further information‟. You should confirm all such matters in Section C using the same words, apart of course for that final sentence.

Reporting examples–‘Rights of way’

A typical example is where the front boundary seems to be set back, say 1 m or 2 m from the back edge of the made road and there is no footpath, i.e. there is a grass strip between the two features. My „local knowledge‟ includes acting for legal advisers who have been sued because clients have moved into properties with no legal right of access over such land, such rights vesting in local landowners such as the parish council. The statement available to you in the drop-down box about „rights of way affecting the property‟ is possibly a good general indication of that fact, or those facts. However, put yourself in the position of the legal adviser, nowadays often harassed and under continuous pressure. Such a statement could provoke queries such as:

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How many rights of way are there?

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What types are they?

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Where are they?

Such lack of precision is unlikely, in my view, to endear you to the legal adviser involved. They may need to ask you supplementary questions which is timeconsuming and inconvenient. It may cause them to think again next time they are asked to recommend a surveyor. Or even worse, they may subsequently discover there are two „rights of way‟ in the conveyance documents; e.g. the pedestrian access across the common land and the shared vehicle access road.

(Continued on page 5)

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SAVA Technical Bulletin Issue 12 | July 2011 | National Energy Services (Continued from page 4) They could then assume (in haste) those are the rights you are referring to, but not be aware of the public footpath that passes across the site. Indeed, in one case, the legal adviser had failed to note that there was a footpath through, in effect, the living room of the new home. The purchaser was not amused, but not as upset as the Solicitors Indemnity Fund that paid out a five figure sum. Legal advisers are unlikely to recommend you again if you are not precise. As a result of the foregoing, I have a number of standard checklists and phrases I regularly use. Thus, I suggest the following examples of possible standard statements are much more helpful to your client and legal adviser in Section C than the bald statement about rights of way in the drop-down box:

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Access onto the property–there is land between the front (northern) boundary and the public highway that may be owned by other parties

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Rear pedestrian access–there is a gate in the rear (southern) boundary that gives access out onto the field to the south

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Public right of way–there is a public right of way or footpath over the property inside the western boundary

Flooding Given that around 10% of all properties in the UK are in an identified flood area and given recent increases in buildings insurance premiums and other possible adverse effects on such properties, it is vital you identify possible flooding correctly. The drop-down menu for flooding is currently inadequate. It only allows you to confirm whether the property is in, or close to, an area where there is a „high‟ risk of flooding. In fact, the environment agency website confirms there are three levels of risk.

The implication of the menu is you should only identify those properties in or close to an area where the risk is „high‟, presumably „significant‟, to use the Environment Agency terminology? I believe that is an incorrect approach and one that could lead to a claim. Here is part of my standard paragraph: Flooding: the property is in/close to [delete] an area designated by the Environment Agency as being one where there is an increased risk of general flooding over and above the „normal‟ risk. I obtained this information from the relevant website: www.environmentagency.gov.uk. The website describes the risk as „low/moderate/significant‟. [delete] In addition, I suggest you also need to confirm in your report if you believe there is a possibility of other, potential local flooding that may be unrelated to wider environmental issues. A major negligence claim I dealt with was not related to the property‟s situation in the local flood area identified on the agency‟s website. Thus, a paragraph I sometimes use is: Flooding or water-logging: I noted some evidence of flooding or water-logging on site (text) [position on site]. The property may have a propensity to suffer from flooding or water-logging due to the fact the property is lower than the road/near a water course/pond/(other) [delete]. Furthermore, you should interrogate the same website for confirmation whether the property is in, or close to, an area susceptible to reservoir flooding. If it is, you need to confirm such information in Section C.

The original report that describes the extent of the work is usually required to substantiate the guarantee. A check should be made to confirm that the guarantee is currently valid (i.e. it has not expired) and is legally enforceable. Smoke control area(s) Smoke control area: the property is in a smoke control area. If you intend using any combustion appliances that burn fuels such as wood, coal or similar, special smoke control regulations will apply. Parking restrictions outside the property Parking restrictions on highway: there are parking restrictions on the highway immediately outside the property. Former local authority property Statutory „right to buy‟ scheme: the property has been/is to be [delete] bought from the local authority/housing association [delete] under the statutory „right to buy‟ scheme. There are special rules relating to such purchases. Existing vision splay for public highway Existing public highway vision splay: there are areas (text) [where?] that I suspect may need to be kept clear of obstructions for public highway 'vision display' purposes, i.e. so that people in vehicles are able to use the road safely without their vision being obstructed by shrubs, trees or fences on your property. You may not be able to erect any structures or plant any shrubs or trees on these areas.

Further examples I believe you should also consider including comment about other issues, such as:

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Holiday planning restriction

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Agricultural planning restriction

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Recently laid impermeable drive

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Possible archaeological remains

Other issues

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Defective cesspool or septic tank

Examples of other legal matters I believe you should emphasise with the phrase (in italics) in Section C, are set out the following paragraphs.

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Presence of a protected species, e.g. bats

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Previous party wall works

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Local nuisance

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Pollution

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Landfill

DPC (or timber treatment) guarantees DPC guarantee: previous damp-proofing work may have the benefit of a guarantee.

(Continued on page 6)

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SAVA Technical Bulletin Issue 12 | July 2011 | National Energy Services (Continued from page 5)

A word on standard paragraphs During recent training courses at NES in Milton Keynes I have shown trainees my 45,000 word document which I have developed over many years. The SAVA guidance is clear: you should begin preparing your report by trying to use the paragraphs available to you in the software.

You will find there are instances where you need to use a different form of words and I have certainly done so. Trainees have asked for copies of my documents. However, I believe there is a danger in using phrases and paragraphs developed by others. You can sometimes too easily become lazy in their use and don‟t take the time to ensure the phrase suits the actuality.

In that way, you can fail to report correctly and provoke a claim. Thus, if you develop your own phrases, you are forced to consider every word in the paragraph. That process will, in turn, cause you to develop and further your professional knowledge. I suggest you begin to develop your own standard phrases for copy and pasting into your reports. You will find the intellectual rigour involved will help you fulfil your CPD and LLL requirements.

Conclusions You should carry out a desk-top study of the property and the locality–this will develop your local knowledge. During your inspections you must be the „eyes and ears‟ of the legal adviser and remember that role extends outside the property; this will ensure you report on all appropriate matters and your legal adviser will become confident they can rely on your judgement. In your reports you should be more specific with your reporting on legal issues than is suggested by the dropdown menus. This „added value‟ will ensure your client is well informed and their legal adviser has all the facts to enable them to properly advise your mutual client in detail. Larry Russen, Allied Surveyors, July

2011

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SAVA Technical Bulletin Issue 12 | July 2011 | National Energy Services The issue with such an arrangement is that any responsibilities in accordance with the lease will pass with the property upon sale to the new owner.

What to tell the conveyancer about PV systems One of the most recent must have features to adorn your roof is the Photovoltaic systems. As these systems (along with the solar hot water systems) are gaining in popularity with buyers, lenders attitude towards these renewable energy installation have also changed. For the surveyor, this present a new challenge in reporting on these systems. Flagging up PV systems in Section C requires the surveyor to be more robust in how they report them to conveyancers in the HCS. Some early installations have been blamed for putting too much weight on the existing roof structure but more recent installations should have been installed following an agreed code of practice in accordance with the Microgeneration Certification Scheme. Obviously, if there is any sign of distortion to the roof then the surveyor must report it and in certain circumstances even ask for further investigation. However, where the roof structure is not showing visible signs of stress there are additional considerations that must also be documented in the Home Condition Survey (HCS). Some of the PV panels on roofs are currently being installed on leasing arrangements. That is, the installers agree with the property owner to erect the system under a lease agreement of up to 25 years on the understanding that the property owner will receive the free electricity that they consume from the system but the installer will receive the feed in tariff to the National Grid.

It is therefore important that this lease be checked by the conveyancer to make sure it contains no onerous responsibilities or infringes any rights that the property owner needs to preserve. Many home owners would not even consider that they might need the permission of their lender before agreeing to the installation of a PV system. In the case of leased system a recent draft guide from lenders clearly indicates the scope of what we should be flagging up to check: Essentially the lender expects the installer to take full responsibility for the PV system and for this to be fully documented in a written declaration made by the installer. In the HCS therefore we must ask the conveyancer to first check if the panels are owned outright by the property owner or are leased. If the PV panels are leased this identifies a whole range of issues and while we are essentially posing the question–Is the lease arrangement one that a lender would accept? Many of the things a lender would require are also pertinent to what the property owner might also need to ensure, for example:

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Is the panel insured and by whom? In addition, most building insurers will require notification that the panels have been erected as a condition of building insurance cover Is there provision in the lease for a lender to terminate the lease upon taking possession of the property? A lender will not wish to have a title that is encumbered by a lease which might otherwise undermine the value of the asset If the property is held on a long lease (this applies to flats but also to houses in some parts of the country such as in the north-west) then consent of the landlord would also be required for the subletting

of space on the roof for the panels. In addition we must ask the conveyancer to clarify if the panels were satisfactorily installed. Firstly, the conveyancer should be asked to check that the installer carried out a physical inspection of the roof to verify that it was safe to install the panels. Secondly, it needs to be established that the installer obtained any necessary statutory/local authority consent and approvals for the installation that might have been necessary. Lastly, the conveyancer should be asked to check who is responsible for maintenance:

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Does the lease include responsibilities for maintenance and who takes responsibility for these costs? Lenders will not wish to be saddled with such costs in the event that they repossess a property

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Does it allow for the PV panels to be removed if work is necessary to the roof structure or covering? In the event of repairs to the remainder of the roof owners need to be able to have the panels temporarily removed to allow the fabric of the building to remain wind and watertight

The attitude of mortgage lenders to these installations is an indication of just how seriously we as surveyors should be flagging up to the conveyancer what checks to make. While we do not provide valuations as surveyors undertaking HCS‟s and we do not advise lenders, the impact on value of lender requirements is considerable. Therefore failure to identify potential legal issues that affect the salability of the property could lead to a claim against a surveyor who has prepared the HCS.

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SAVA Technical Bulletin Issue 12 | July 2011 | National Energy Services

On being professional A little while ago it was reported to us that a surveyor promoting the HCS had approached a firm of conveyancers to inform them of the HCS and presumably to generate instructions from that firm. The reason that we were made aware of this approach was that the email the surveyor sent was so poorly written (full of grammatical and spelling errors) that instead of commissioning reports, the firm immediately sent us an email complaining that this particular surveyor was letting the side down. At the time this happened we did notify you to remind everyone that when you are offering a professional service you need to remember that first impressions count and that you should take care to ensure that all communications, including the final report, do not contain grammar and spelling errors. We said that „Professionalism is the key!‟ We had several responses to that notification with one member in particular suggesting that we suspend the „culprit‟ on the grounds of bringing the whole scheme and the HCS into disrepute. We did not go that far, but did agree that it was appropriate to use the SAVA Technical Bulletin (formerly HI Technical Bulletin) as a vehicle to remind all surveyors of the need to be professional at all times. So what does being professional entail?

In addition there are some professions which have protected titles (such as „architect,‟ „solicitor‟ or „dentist‟). These terms can only be used by the qualified members of those professions. However, titles do not by themselves create protected functions or restrictions on practice. For example, there are practitioners who are not „architects‟ but who provide the same services and functions as „architects‟. Some professional bodies have been granted a Royal Charter by the Privy Council, in which case it is then able to award a „chartered‟ title that is exclusive to its members. However, this in itself does not create a protected function. The Royal Institution of Chartered Surveyors is a good example of this latter category. Members of RICS are Chartered Surveyors, but surveying/surveyor is not a protected function.

Conceptions of professions So if the professions themselves are many and varied, then what about the actual definition of professionalism? It is true that one person‟s professionalism could be another person‟s amateurism. Over time a number of models of professionalism have emerged. Dr Stan Lester in a paper entitled “On professions and being professional (2010)” broadly classifies them as:

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“classical”–this emphasises the importance of professional education founded on a broad base of learning and culture. It is the archetypal model for the ancient professions

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“trade”–grew out of the mediaeval trade occupations and emphasises practical training and building expertise through experience

What are the professions? Some formal professions enjoy legal restrictions that limit certain kinds of work only to appropriately qualified, member practitioners. In the UK two main kinds of restrictions operate: 1. The requirement for „state registration‟ in order either to practise at all (e.g. chiropody), or to practise within the public sector (e.g. teaching) 2. Protected functions that can only be carried out by appropriately qualified practitioners (e.g. auditing limited companies or representing clients in court)

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“technical”–this is a product of the Industrial Revolution and the growth of scientific thought “reflective” or “creative-interpretive model”–this has emerged most strongly over the last thirty years. It emphasises learning through action and reflection, making judgements in uncertain contexts,

and working with problematic situations rather than clearly defined problems. It generally includes an assumption of ongoing learning linked to practice The above definitions and structures are helpful in an academic sense but in practice what makes a person professional? Or what actions could they take that make them unprofessional?

Acting professionally It is probably generally accepted that a professional is someone who claims to possess knowledge of something and has a commitment to a particular code or set of values. Extending the definition further it is often accepted that being a professional requires the presence of an assessment process for entry to the profession in question, i.e. a common body of knowledge, a code of ethics and a membership scheme. However, this can be challenged, although Lester argues that the following definitions have survived the test of time. Professionals will:



possess and use expert or specialist knowledge,



exercise autonomous thought and judgement,



have responsibility to clients and wider society through voluntaristic commitment to a set of principles

(Continued on page 9)

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SAVA Technical Bulletin Issue 12 | July 2011 | National Energy Services

In the December 2010 issue of the HI Technical Bulletin (Issue 11) we ran an article on a case study of a Victorian house that had several defects including evidence of dampness. Alan Milstein has made the following comment in response which raises an interesting issue and points to the dilemma that faces many a surveyor.

(Continued from page 8) These characteristics are independent of any particular model of organisation and can be applied to individual practitioners as much as to organised professions. These are sound principles and undoubtedly form the basis of the SAVA surveying community. But what about the „shoddy‟ email? Was that unprofessional or to put it another way, outside of the actual property inspection process and report preparation, where are the boundaries? For want of any other benchmark (and society is constantly changing what is and is not acceptable, we would suggest that the concept of „treating others as you would wish to be treated yourself‟ is probably a good starting point. Would you buy services from someone who writes you a letter that is full of grammar and spelling errors? Would you trust the advice of a proclaimed expert who does not present themselves in a way that the average person would expect (how they dress, how they write etc.?). It is not our role to be absolutely prescriptive about dress codes, letter formats, behaviour etc. (we do not employ SAVA surveyors) but we would advise that all members should exercise care in how they present themselves to the outside world.

Reader’s comments– discussion with the Editor

Alan Milstein comments: “In the

Ask our Expert Question I have just read the article on party walls. As it is necessary to give notice to a neighbour (in certain circumstances) of intended work etc., is it also necessary to give notice to the neighbour‟s mortgage holder–if one exists–and seek their permission? Michael How HI & DEA Webbers Property Services Ltd

Answer: Essentially there is no obligation under the Party Wall Act for the home owner carrying out work to inform the neighbour‟s or even their own mortgage lender. However, there are usually obligations under the terms of a loan for the mortgagor (borrower) to inform the mortgagee (lender) of any significant alterations to the property. So if party wall works get carried out the party carrying out the work could have a duty under the terms of their own loan to inform their own lender. The neighbour also might have a similar duty to inform their own lender if the works will significantly affect them.

section on Main Walls, one reason provided for giving a CR3 is “…damp proof course treatment”. However, earlier in the article it states that “the property was not built with any damp proof course”. I‟m not sure why the surveyor would be recommending the installation (I presume that can only be what he means) of a DPC in a property which has stood perfectly well for the last 140 years without one! The reason for the damp in the property is explained elsewhere in the article, namely that air bricks are blocked, external soil levels are too high, and lime mortar has been replaced with cement based pointing. If the reasons for the dampness are rectified then why would anyone recommend the highly invasive and expensive process of installing an artificial DPC? I can imagine the scenario where, faced with having to hack off 1 metre of plaster all around the house, the buyer simply decides not to go ahead with the

(Continued on page 10)

In practice this rarely happens and lenders only become aware of changes to the property in the event that the home owner asks for a further advance to the loan to fund the alterations. Note: the article „Party walls and loft extensions‟ was featured in HI Technical Bulletin, Issue 11, Dec 2010.

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SAVA Technical Bulletin Issue 12 | July 2011 | National Energy Services (Continued from page 9) purchase. Result? One very upset seller, one very upset estate agent, several very upset conveyancers, and possibly an entire chain of buyers and sellers who‟s dreams have been shattered. Isn‟t this just the old style of “surveyor speak” that we really should be getting away from? “Find some damp and recommend some damp treatment and I won‟t get sued” is what surveyors have been saying for years, and where has it got us? Thousands of homes with unnecessary and largely ineffective injected damp treatment, a bad image with property professionals and the public alike, and a general lack of trust from the consumer. This house was never designed to work with a damp proof course and therefore almost certainly doesn‟t need one. What it needs is to have the original materials reinstated so that it can achieve the damp management equilibrium that it was designed to have and which have served it perfectly well for the last 140 years. I have recently spent 4 days on an English Heritage course about the care and repair of historic buildings. The most important message that came from the training was that the best way to repair a historic building is to get it back as close as possible to the original specification while still making it habitable and practical. In almost all cases the problems in the property can be resolved by replacing the more recent artificial remedies by traditional ones that are more suited to the building. Not only does such an approach usually end up costing less, it is often far less invasive and intrusive, and demonstrates to the public and professionals within the chain that we are well educated in how to manage defects in buildings, and not just constantly constrained by our fear of being sued.”

Response from our editor to Alan’s comments: In defence of the author of the original article we should first state that it is unfair to prejudge the author‟s comments as to the best form of repair as we have not seen the property in question. He is the only one to have seen it and to know all the details of the reasons for such a diagnosis and potential remedy. We cannot comment on the appropriateness or otherwise of a retrofitted chemical (or other) damp proof course, if indeed that is what he was implying should be installed. However, the point Alan raises is valid in that if a property was originally constructed without a damp proof course and was designed that way then should we really be recommending installing one?

small group of major defects actually affect their security in the property. Likewise some estate agents and their in -house financial advisers are generally focused on nursing the sale along and avoiding anything (such as a survey) that might undermine this process. There is a common misunderstanding amongst purchasers, and possibly some financial advisers, who believe that the mortgage valuation is a survey; it is obviously not

More to the point as providers of the HCS we are only identifying the defects and deficiencies, we are not providing additional advice. Therefore it is probable that the author did not suggest in the report that a DPC be fitted but his diagnosis for our benefit suggested that this was one possible solution. It is this that is the dilemma as to where to stop and how to avoid giving further advice that faces every surveyor undertaking this form of report.

As a consequence the need to achieve a completion as quickly as possible before something else in the selling process causes the deal to collapse has led to the development of a damp and timber industry which, we might be forgiven of suspecting, has only one solution to damp problems–inject a chemical damp proof course and issue a 30 year guarantee–irrespective of the causes that type of dampness, real or misdiagnosed found in the property.

Let us first examine the reasons why, as Alan puts it, surveyors “Find some damp and recommend some damp treatment and [they] won‟t get sued”. Essentially, the defensive approach of the surveyor in deferring to “specialists” has developed from the current sales process. Too few people have a survey and instead rely on the mortgage valuation. It is variously estimated that between only 15% and 20% of buyers commission some form of survey while the rest rely on the mortgage valuation.

Likewise remedies to correctly diagnose damp problems that involve lengthy drying out of walls following repairs to prevent penetrating damp have been ignored. Instead, favour has been given to the guarantee-backed retrofit DPC as the only way to satisfy a buying public and lenders who demand an instant solution (and preferably before legal completion) to potential damp problems identified by mortgage valuers.

The valuation has been refined to the point where very few lenders encourage the valuer to provide any comment on condition beyond those works which affect the lender‟s security. That list of works has diminished over the years as lenders have realised that most defects with the exception of movement and a

Surveyors and valuers also only carry out a very limited inspection when carrying out surveys: It is not invasive and only uses a moisture meter as a way to quickly identify if there might be a problem with dampness. When we do find high moisture meter readings our terms of engagement prevent us from

(Continued on page 11)

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SAVA Technical Bulletin Issue 12 | July 2011 | National Energy Services The underlying purpose of these measures is to make the home more comfortable for the occupant, warmer, carrying out invasive investigation to and more fuel efficient and draught free. verify the true nature of the meter This is in contrast to the original design reading: that incorporated porous bricks and  We do not take samples to analyse mortar, draughty timber windows, salt content in the masonry ventilated timber floors and open  We do not drill holes to insert deep fireplaces etc.. All were part of a design that allowed the building to breath, for probes to take moisture reading air to circulate freely and for the building deeper in the wall to absorb moisture that was later  We do not take hygroscopic released back into the environment via a measures in walls, voids and rooms free flow of air throughout the building. to measure the moisture content of The question that therefore has to be air in such locations asked is: “Can we achieve the ideal of returning the structure to its original  We do not use “speedy” meters form and thereby compromising modern All of which would assist in the correct life styles and government targets to diagnosis of dampness. achieve low carbon housing stock, or do we have to find some other Alan asserts that “This house was never compromise?” It is this dilemma that designed to work with a damp proof faces the surveyor when diagnosing course and therefore almost certainly what is suspected to be a damp problem doesn‟t need one.” and hence the recommendations While it is true that the original design of contained in the survey report. the house might not have needed a So in reporting on the property that was damp proof course, we have to the subject of the case study in the last remember that over the decades it will bulletin issue, we have to be careful have been adapted to accommodate different living styles. Remedial measures to improve the property will have been carried out and typical changes might have included: (Continued from page 10)



Replacement of draughty timber windows with sealed unit double glazing



The blocking up of fire places



The almost irreversible re-pointing of walls with cement mortar



The installation of central heating



Sealing of vents to the outside



Replacement of suspended timber floors with solid concrete ones



Redecoration with moisture impermeable vinyl or foil backed wall papers



Other insulation and draught prevention measures

before we make recommendations for further investigation that simply tell the client to find the nearest damp and timber specialist and obtain the standard industry response backed by a guarantee. Conversely returning the property to its original form might not be practical either if some or all of the improvements to the home (as listed on the left) have already been made. Perhaps this is a case where the recommendation to obtain further investigation could have also suggested that the investigations included some form of invasive analysis in making the diagnosis of appropriate repairs. An example of where invasive investigation is necessary to determine the causes of dampness can be seen in another property see Photo 1). This flint faced and render cottage is typical of the sort of 19th century masonry walled building we all might encounter on a daily basis. The property underwent extensive refurbishment around four years ago. At that time a large extension was added to the rear to provide a new kitchen/diner (see Photo 2).

(Continued on page 12)

Photo 1 left:19th century cottage with brick walls incorporated flint external panels that have been painted over with a masonry paint finish.

Photo 2 right: The rear extension added to the building as part of the refurbishment four years ago.

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SAVA Technical Bulletin Issue 12 | July 2011 | National Energy Services (Continued from page 11) The whole interior of the cottage was refurbished and the internal walls of the original cottage dry lined internally and insulation incorporated in the dry lining. Windows were also replaced through out. The surveyor noted that the floor of the original part of the cottage was approximately 150 mm below external ground levels but that the newer extension floor was above external ground level and there was a step down into the original cottage from the kitchen. The floor of the original part was also fairly uneven and where the solid floor was exposed, in the under stair cupboard, proved to be made of concrete incorporating some brick rubble. Readings taken in the floor where exposed in the under stairs cupboard indicated low levels of moisture, but visual evidence suggested that there probably was not a damp proof membrane incorporated in the floor. The surveyor took moisture meter readings and found that the walls were mostly dry, as would be expected with a new dry lining. More unusually, there were some marginal readings in isolated sections of the skirting board. More worryingly, a further damp patch was observed on the internal surface of the front wall approximately 1.8 m above the internal floor level. This was a further indication that significant penetration by damp had occurred to the dry lining. Overall the evidence was of marginal moisture meter readings but in places where dampness should not be observed and in a form of cladding where it is very unusual to find dampness unless there is a very severe damp problem hidden in the fabric of the main walls behind the lining. External surfaces of the masonry walls showed very little indication of water or damp penetration and the nature of the material–mostly an igneous rock, bound by lime mortar and patched with cement

mortar, which had also been over painted with masonry paint–gave little clue to where any penetrating damp could be originating. Diagnosis was impossible without recommending a further investigation by a dampness specialist. However, in this case the specialist needed to do more than use a moisture meter to confirm or deny the presence of damp. The advice given in the report was to ask a specialist to carry out invasive investigation. In the context of the HCS we are not allowed to give additional advice, but it is important that when we ask for further investigations, they are carried out to a standard necessary to diagnose the nature of the problem and provide suitable remedies. This is a situation where the surveyor can in the HCS provide direction to the

nature of the further investigations without giving further advice but by making sure that the further investigations are sufficient to properly diagnose the perceived problem. Alan is correct in drawing to our attention that injected chemical DPCs are not always the answer, nor are they the only answer. We must not get carried away and stray into providing further advice but we can make our CR3 recommendations for further investigations more prescriptive.

Section E—The inside of the property Rating

Description and Justification for Rating and any comments The walls are mainly free from visible defects but moisture meter readings indicated higher levels of moisture in localised areas.

CR3

Additional, meter readings taken at lower wall levels, for example to the internal partition wall between the extension and the original structure (which would have been an external wall before the extension was built), indicate that higher than acceptable levels of moisture are present. The floor in the main living room is also below both the kitchen floor and the external ground level and so could also be a cause of the dampness in that it is poorly designed and might lack an adequate continuous damp proof measure between the floor and the adjoining walls. This can only be verified by invasive investigation. Before you make a legal commitment to purchase, and subject to the sellers consent, you should ask a suitably qualified damp and timber treatment specialist to check all walls and associated timbers to identify the causes of the dampness and provide a quote for the remedial repairs. This should include invasive investigation and an inspection to verify the continuity of the damp proofing measures between the ground floors and the walls.

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SAVA Technical Bulletin Issue 12 | July 2011 | National Energy Services

Conservatories You only have to spend a short time looking round the internet to realise that most people now consider a conservatory to be a cheap way to add living space to their home. Things have rapidly moved on from the basic, single glazed, timber frame structures of the past and the key message from conservatory installers is that a conservatory will provide additional living accommodation suitable for a variety of uses all year round. This anecdotal evidence is supported by a report commissioned by the Building Research Establishment (BRE) for the Energy Saving Trust (EST) in 20042005. The research was undertaken by a team from University College London (UCL) and compared their results with a previous survey carried out in 1991 on behalf of conservatory manufacturers, (although it should be noted that the UCL survey focussed only on people who had applied for planning permission from councils in London, and thus the survey sample was limited). The main results to provide evidence of change since the 1991 are listed below. The design parameters of conservatories have changed: Conservatories had increased in both size and cost (after adjusting for inflation). The proportion of double glazing and Low E glazing had increased and they tended to face in a more southerly direction. More than a third (38%, up from 5% in 1991) had no door between the conservatory and the rest of the house (see Photo 1).

This is consistent with the result that 60% of respondents stated that they regarded conservatories primarily as a way to add space to their home. This is almost double the figure from the 1991 survey(32%). Occupant usage of the conservatory had increased: More than 90% of respondents used their conservatory all year (up by almost 20% on the 1991 figure), with a fourfold increase in the proportion that spent more than 40 hours a week in the conservatory. The heating of conservatories had increased: Nearly three out of four occupants (74%) reported heating their conservatory on a daily basis (compared to 28% in 1991), with a similar proportion (79%) heating it more than four hours a day in winter. Heating had increased in all seasons, with a substantial shift from portable electric heating (58% in 1991) to central heating (70% in 2004) (see Photo 2) While the proportion of those using a thermostat to control temperatures in the conservatory had remained the same, the temperature setting used had risen so that two thirds report that it operates in a range of 20-22 °C. The cooling of conservatories had increased: This was an emerging trend–the use of air conditioning (including dehumidifiers and evaporative coolers) in conservatories had doubled from 3% to 6% over the previous 13 years.

Photo 2: A typical conservatory with fixed radiator heating. Many conservatories are erected using the rules for exemption from the building regulations but actually flout those rules. In this example the conservatory would require building regulation approval. Also the lack of separation from the main living accommodation by an external quality door is a second breach of the exemption rules.

Perceptions of energy usage had not changed: A significantly higher proportion of respondents reported that they were aware and influenced by energy concerns in purchasing the conservatory. But there were no differences evident between the two studies in the occupant‟s perception of the affect conservatories were having on energy bills, with the majority reporting no change in both studies. (Source: Trends in Conservatory Use: A comparison between the 1991 Conservatory Association Survey and the UCL 2004 Survey–Pathan, Summerfield and Oreszczyn, Bartlett School of Graduate Studies, UCL). Because the conservatory is now perceived as an integral part of the home, it is no longer appropriate to dismiss them merely as „ancillary structures‟ and surveyors have to be alert to and report on potential defects. Future changes to the HCS will reflect this. In the meantime we thought it appropriate to remind surveyors of the issues around conservatories and that to dismiss them as merely ancillary to the main dwelling could lead to problems.

(Continued on page 14) Photo 1: Open plan conservatory installed by a reputable manufacturer and installer but which is open to the kitchen and also to the living room with no separating doors.

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SAVA Technical Bulletin Issue 12 | July 2011 | National Energy Services (Continued from page 13)

Conservatory, Orangery or Sunroom? Agents and installers seem to use a bit of a „mix and match‟ approach to nomenclature. Admittedly, you are not very likely to come across a structure described as an orangery–the term is more usually associated with the „stately home‟ and upmarket greenhouse, but conservatory and sunroom seem to be interchangeable terms. It does not matter how the structure is named. What matters is how it is built and particularly how it is viewed by your client, the potential purchaser. Usually a conservatory will be exempt from Building Regulations, if it meets the following criteria:

 The floor area is less than 30 sq metres

 Construction is at ground level only  The conservatory is separated from the main property with external quality doors

 Have safety glass provided to critical locations; (the requirements for safety glazing to be used in panels up to 800 mm above floor level in walls, 1500 mm in doors and side panels, and 300 mm from either edge of the door

 The roof is clear or translucent glazing in compliance with Part N of the Building Regulations, all in relation to safety, impact, opening and cleaning

 The total glazing is more than 50% in the sides or 75% in the roof

 Any heating is not „permanent‟ (e.g., if the conservatory has a radiator linked to the main heating system it would be classed as a permanent heating appliance and the structure would be required to meet full building regulations for a habitable room) Sometimes glazed rooms are described as sun rooms. Irrespective of the agents‟ description, technically if they meet the above criteria they will not require Building Regulation approval but if there is a

permanent opening to the glazed room, the total glazing is less than that stated for the walls or roof or there is a deviation from any of the above, Building Regulations approval is required and will have to be flagged up under Section C of the report. In addition, all electrics must comply with Part P of the Building Regulations.

Materials The majority of modern conservatories are constructed using un-plasticised polyvinyl chloride (uPVC). The general reason that uPVC is used so popular is because it is a thermoplastic , which means it is a substance that loses its shape when heated and then becomes ridged again as it cools so it can be moulded into countless useful forms. This makes it easy to produce uPVC conservatory extrusions. Where additional strength or stiffening is required (for instance for the conservatory roof, frames or doors) the uPVC is reinforced with aluminium or steel. In some non-structural areas the uPVC can be rigid enough to support its weight e.g. some window frames. Some conservatories are built using wood. The wood used should be a hardwood and conservatories can be constructed using a variety of timbers. Manufacturers state that the most used hardwoods are oak, mahogany, idigbo, meranti, sapele, utile and iroko, though we could not find statistics to indicate how likely you are to come across some of the more unusual timbers. Conservatories cannot be built from all hardwoods. Hardwoods such as beech, although an excellent wood for internal use, are not durable for external use. Some hardwoods, for example teak and oak, are full of natural oil or resin and can be left to weather in the elements completely untreated. Because of their resin content they are extremely durable and can last for a long time without treatment. These timbers can be oiled to accentuate the natural grain. With poorer quality hardwoods it is essential that they are protected from moisture and thus rot. A quality installer will now use micro-

porous stains. These paints breathe, enabling trapped moisture to travel out of the wood and make the timber finish more durable.

Problems So what are the things to look out for when inspecting a conservatory?

 For uPVC conservatories, galvanised steel strengthening may be prone to rust, particularly if the original construction is not of the appropriate quality (e.g. downpipes from the gutter are screwed into the frame rather than using clips)

 Leaking roofs: this can be through poor overall design or installation, poor detailing such as inadequate flashing where the roof of the conservatory joins the main building; deterioration at the ridge; damage to the roof etc. For instance, if you know the property has had cavity wall insulation installed, it is possible that the installers spanned the conservatory to gain access to the wall to inject the insulating material, and it would be worth checking for damage from an upstairs window

 If the conservatory is timber, check for signs of rot and quality of construction. Some older systems used a simple mitre joints in the frame rather than multi faced tenon joints more appropriate to timber buildings. The timber used may not be appropriate to external use and will simply not withstand the passage of time. Recent redecoration may be concealing problems

 Inadequate drainage: because the conservatory was probably not constructed at the same time as the main house, drainage could be a bit of an afterthought. Be alert for improvised drainage channels, redirected down pipes from the main roof, patio sloping towards the house or conservatory etc.

 Safety glass should be installed in the appropriate areas and the conservatory could restrict access to a loft escape window (both would need to be reported under Health and Safety)

(Continued on page 15)

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SAVA Technical Bulletin Issue 12 | July 2011 | National Energy Services (Continued from page 14)

 Differential movement and inadequate design and detail of the foundation slab of the conservatory: look for cracks or joints that are not uniform in width between the main structure and the adjoining conservatory (see Photo 3). Look for unevenness in the floor slab and cracks around the edges of the slab where it abuts walls. Look under loose rugs on conservatory floors for any evidence of cracking Photo 4: An example of a conservatory being constructed over an inspection chamber where provision is being properly made to ensure access can still be obtained to the chamber.

 Conservatory built over the inspection chamber or blocking up the air bricks for ventilation of the timber floor (see Photo 4) Clearly, while a surveyor needs to be alert to all these potential problems, they also need to be alert to the expectations of the purchaser. The research from UCL demonstrates that buyers are much more likely to view the conservatory as all round living space, irrespective of its age, and will be aggrieved if their expectation is not fulfilled, even if the surveyor considers that expectation to be unrealistic due to the age of the conservatory.

Photo 3: An example of differential cracking between the conservatory frame and the house. This can be caused by poor or inadequate foundation design.

Understanding PV–Generating your own electricity and ‘Feed in Tariffs’ explained Public awareness of Photovoltaics and Feed in Tariffs is increasing. As energy assessors you will have increased credibility if you can talk knowledgably about whether or not a property might be suitable for PV and the income opportunities for home owners. As members of NHER and SAVA you may also benefit financially if you can refer a potential customer to Sun Switch. This one day course gives a comprehensive introduction to the features and benefits of PV and Feed-in Tariffs: what are they and how they work; the UK market for PV; how to determine a property's suitability for PV and the likely financial benefit to the home owner; what is involved in the installation process; and the Sun Switch incentive scheme. For details visit: www.nesltd.co.uk/courses or contact us on Training enquiries: 01908 442254; training@nesltd.co.uk

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