Posts Tagged ‘Contractor Reports’

LEGAL COMPLIANCE ISSUES REMAIN?

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A DAY IN THE LIFE OF A HOUSE SURVEYOR

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Picture the recent scene – House for Sale, price agreed, finance settled, legal matters done, only the survey to be done.

Surveyor finds various disrepairs and works are needed. No problem – most matters are said (on the Agents Details) to be newly refurbished/completed and therefore assumed to be covered by guarantees. BUT – the HIP had not had any of the usual Report and Certification documents uploaded to it and the requested HIP did not include a copy of the Property Information Questionnaire (which is mandatory) to point the surveyor in the right direction.

Result?

The Surveyors’ private survey report to the purchaser had to include detailed “what if” (with guarantee and without guarantee) comments for each defect plus valuation advice on the basis of with and without guarantees. This created greater uncertainty and complexity such that we had to hold a one-to-one meeting with the clients to re-assure them that it was worth continuing and how they should proceed.

Our Surveyors role was extended from defect diagnosis to part legal and part marketing advice to hold things together. PROinspect have no problem with this but many Surveying Practices would not go that extra mile and so the Agents and Seller got lucky (to date we have received no thanks from Seller or Estate Agents).

The Sellers interest could have easily been disadvantaged had ANother surveyor been choosen to act for the clients.

All for the sake of taking HIPs seriously and using them intelligently. The Sellers, but probably the Agents, in the context of this specific case, could have uploaded -

(1)   Multiple Contractor Reports and Certificates/Guarantees

(2)   Building Control Approvals, with Plans

(3)   Details of rights-of-way

(4)   Boundary ownership

(5)   Simple list of what recent work was completed (more than just “main items”).

PROinspect have experienced a sequence of transactions where the Agents had not acted legally: HIP documentation was not forthcoming, or was incomplete, when requested by us. This is the first occasion where we have been critical of Sellers/Agents and so compliance is generally not an issue, it seems.

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Lets compare the performance of the Commercial Markets is getting its act together on mandatory commercial buildings Energy Certification. The following is an article from QUIDOS recently –

Commercial landlords ignore energy performance legislation

• Survey highlights compliance rates of just 22% with recent commercial energy legislation
• Landlords show reluctance to commission surveys amidst depressed market conditions
• Trading standards officers to use report to target property without an EPC

Quidos Limited, experts in property energy assessment and compliance matters have published the results of an autumn study into commercial energy efficiency certification across several South West regions, conducted with assistance from local Trading Standards officers.

The report shows that Landlord compliance with the 1-year-old Energy Performance Certificate legislation for commercial property (currently for sale or let) was still very low, with only 22% of commercial property appearing to carry a valid energy certificate.

Areas surveyed with their compliance ratings:

Area	Sample size	With EPC	No EPC	Not found
Bristol	200	44 (22%)	103 (52%)	53 (26%)
BANES	228	61 (26%)	54 (23%)	113 (49%)
Dorset	55	10 (18%)	29 (52%)	16 (30%)
Cornwall	125	22 (18%)	73 (58%)	30 (24%)
Wiltshire	115	20 (17%)	39 (34%)	56 (49%)
	723	157 (22%)	298 (41%)	268 (37%)

Although these results must be qualified by the methodology used they have surprised many industry professionals who had considered EPC compliance to be over 80%. Whilst Quidos have stressed that the figures are at best illustrative and focused only on the South West, they do highlight a lack of industry compliance which is likely to be repeated across the UK.

Speaking after publication, Quidos Operations Director Nick Branch spoke in favour of moves to improve awareness of energy efficiency; “These certificates provide a valuable asset rating of the energy performance of buildings. This data can and is being used by forward thinking landlords to improve the energy efficiency, and value of their property portfolio. With low cost loans available from the Carbon Trust, these energy saving improvements can be capital neutral in the short term and revenue generating in the longer term.”

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SAVING ENERGY

UpMyStreet’s room by room guide to energy saving. You could save up to £383 a year. Data taken from the public “upmystreet” website on 26/10/09:

Indeed, if you insulate all walls and all loft spaces to today’s thermal standards you could then change the space and water heating timeclock such that the fuel is off for about 30 extra minutes a day; you could also turn the thermostat down one or two degrees. These factors will save you money but continue to achieve the same comfort standards as before you upgraded your insulation – Why? – because your home heats up quicker and does not cool so quickly.

Kitchen:

1. Fill up your dishwashers and washing machines before you use them: one full load uses less energy than two half loads. By only using your dishwasher when it is full you could save an extra £15 a year.
2. Turn the temperature on your washing machine down from 60 to 40 degrees or, if you can, 30 degrees. Most washing powders will work just as well at a lower temperature.
3. Try to defrost your freezer regularly to keep it running cheaply. An over-iced freezer will have to work much harder to stay cool, in turn wasting more energy.
4. Only fill and boil your kettle with the amount of water you need when making a cup of tea.

Bathroom:

1. By turning off the tap while brushing your teeth you could save a massive five litres of water each time.
2. Place a Hippo (water saving device) in your toilet cistern and each time the toilet is flushed this will save you around three litres of water and money off your water bill.
3. The Energy Saving Trust recommends swapping one bath a week with a five minute shower to save up to £15 per year off your energy bill. Just make sure it’s not a power-shower as these can consume just as much.
4. Fix those nightmare leaky taps to save approximately four litres of water a day.

Living Room:

1. Switch your normal light bulbs to energy saving ones and you could use 80% less electricity. Energy saving bulbs last up to ten times longer too, just don’t forget to turn the lights off when leaving a room.
2. Rather than leaving your appliances on standby, turn them off at the source and make yourself a saving of £33 a year.
3. Insulate your home. Cavity wall insulation will help reduce the amount of energy you need to heat your home and keep it warm. This will make you a saving of £115 a year. While insulating your loft can make an extra saving of £150.
4. Turn the thermostat down by just one degree and although you probably won’t feel the difference you will be able to cut your bills by 10% making a saving of around £55.

So, in conclusion it seems we can save fuel and therefore money in order to pay the fines imposed for non-compliance issues. Great.

No – but seriously, well done residential Estate Agents but look out Commercial Agents: Trading Standards Officers will have picked up on these issues.