Archive for January, 2021

Spare Tablets or Laptops – The Aldgate School is the only State primary school in the City of London

Posted on: January 25th, 2021 by Jason Antill

The Aldgate School is the only State primary school in the City of London and its pupils have an urgent need of laptops and tablets on which to access the school’s online learning programme.

Lizzie Webb, the school’s business manager has asked me to pass on this message to you:

Covid-19 has affected our children in many ways. In particular it has highlighted the lack of access to technology for some of our families.  Class bubbles are having to close and move to remote learning. As a school we have been steadily integrating technology with learning.  Providing access to technology not only allows for the children to learn remotely but also to communicate with their peers during periods of isolation. This supports both their wellbeing and reduces the feeling of isolation for some of the children; many of whom live in overcrowded conditions and have no access to technology at home.

If you have a tablet or laptop which you would be willing to donate to the school please do contact us.

Tenants take note: dilapidations damages to be subject to VAT

Posted on: January 22nd, 2021 by Jason Antill

Those who regularly let commercial premises will be aware that landlords are usually able to claim damages for dilapidations arising from breaches of a tenant’s covenants relating to the physical state of the building at the end of the lease.

Because the payment of damages represents compensation for the tenant’s failure to comply with their lease obligations, such payments have historically been outside the scope of VAT. However that is about to change.

HMRC has confirmed that they intend to treat dilapidations payments as being subject to VAT (if the landlord has opted to tax) from 1 February 2021.  HMRC’s view appears to be that since dilapidations payments are provided for in the lease, they represent an additional consideration payable by the tenant under the lease and should therefore be subject to VAT.

With less than two weeks to go, it is therefore imperative that you make it clear whether any dilapidations damages settlement you’re currently negotiating is inclusive of VAT.

The good news is that HMRC do not intend to make the new rules retrospective, so any old dilapidations settlement agreements do not need to be revisited.

HMRC has invited comments on these changes, but with such a short timeframe before they come into effect, it is likely that the new rules will be in force as drafted from 1 February 2021 regardless.  Whether they might be amended subsequently remains unclear.

This change could be unwelcome news for those tenants where they cannot recover VAT themselves (such as those who are VAT exempt).

In all cases, it would be wise for a landlord in any dilapidations settlement agreement to state whether the sums due are inclusive or exclusive of VAT, and include an express provision requiring the tenant to pay VAT on any damages in the event that HMRC find that such a payment is subject to VAT.  If it is clear that VAT has already been accounted for in the settlement sum, the settlement sum should be expressed as inclusive of VAT and the tenant should seek to ensure that the agreement is in full and final settlement of the claim, including any applicable VAT.

If you are affected by this change, please do not hesitate to get in touch with a member of the team. 

PRE Launches a New Service for 2021! #No.25

Posted on: January 20th, 2021 by Jason Antill

PRE are excited to announce a NEW service for 2021 providing property owners of residential high rise flats with EWS1 forms for fire risk assessment purposes.  Being a multi disciplinary chartered surveying firm we can provide professional services to Developers, Funders, Occupiers and Owners with everything they need to save on cost and time in these challenging economic client.

The EWS1 form will not be needed on buildings where there is no cladding; providing certainty for the almost 450,000 homeowners who may have felt stuck in limbo. However, residential apartment buildings 18m or more above ground with cladding still need EWS1 external wall fire reviews.

That said majority of mortgage funders are requesting these forms as part of their internal compliance.

It is reported that there are hundreds of thousands of flat owners that could be forced to take on 30-year loans akin to a second mortgage to fix fire safety defects.

Campaign group End Our Cladding Scandal estimates that the erosion of trust in building safety has created 1.93m “mortgage prisoners” in England such as the Aristidous, who are unable to sell their homes because banks and other mortgage providers have refused to lend to would-be buyers.

The Grenfell disaster claimed 72 lives and the ongoing inquiry established that external cladding fitted to the building as part of a renovation earlier in the decade was the “principal” cause of the fire’s rapid spread. Those findings put the spotlight on the safety of similar materials used on hundreds of thousands of other new or refurbished buildings and destroyed faith in the country’s building regulations. Last week, a scathing report by the parliamentary housing committee said it was “deeply shocking and completely unacceptable” to have  over three years after the disaster. It also said it would be “an abdication of responsibility” by the government if leaseholders were forced to pay to fix the problem.

The government inadvertently widened the scope of the crisis in January when it guided that all buildings with an external wall system — which could be any type of cladding, practical or decorative — should be assessed for safety. This intervention greatly expanded the number of properties on which mortgage providers were reluctant to lend. The government estimates there are at least 839,000 leasehold flats in England in 58,000 apartment blocks with potentially unsafe cladding.

In May, ministers launched a £1bn Building Safety Fund (BSF) to help towards the removal of dangerous cladding on tower blocks. But the fund is only available on an estimated 1,700 taller blocks, like Grenfell, above 18m, and is well short of the government’s cost estimate of £3.5bn.

Should you own an apartment or be a landlord which meets the high risk category 18m with cladding and require a fire risk assessment report with a view to completing an (EWS1) form, please do contact JASON ANTILL BSc (Hons) MRICS DipNDEA  [email protected]

2020 YEAR IN REVIEW

Posted on: January 20th, 2021 by Jason Antill

While we’re sure that most of us are excited to leave 2020 behind once and for all, we wanted to take a moment to thank the PRE Chartered Surveyors team and clients — from the major milestones to the memorable 271 projects completed. Plus, we’ll take a look at what’s in store for this year too #buildingsurveys #areameasurmentreports #scan2bim #epcs #ews1

The 6 Important Steps to Carrying out an External Façade Inspections for EWS1 Form Compliance

Posted on: January 13th, 2021 by Jason Antill

External Façade Inspection Inspection Report – EWS1 Form

The Royal Institution of Chartered Surveyors (RICS), The Building Societies Association (BSA), and UK Finance has developed a cross-industry approach (EWS1 Form) to enable assessments of external wall systems in high rise blocks of flats to be undertaken for mortgage lending valuation purposes. For residential properties (where required), PRE and our approved insured expert consultants will arrange for the completion of this form in conjunction with the inspection process detailed below.

1. Background

Non-loadbearing external facades (including various cladding types) have for many years been used to increase the thermal performance of multi-storey residential buildings to enhance the building’s lifespan. Increasingly, these systems are being used in new buildings with the cladding systems being fixed to and supported by a light steel frame and a wide range of design solutions and materials are currently available.

The risk of fire spread in multi-storey buildings is an issue of current concern, and recent fires have continued to highlight this. External facades have the potential to quickly spread fire through a multi-storey building causing potential loss of life and extensive property damage. Furthermore, following recent fire events, the scope of external facade inspections has also been expanded to include balconies and other external surface structures and features.

2. The Problem

Property owners and property managers are now required to demonstrate the safety of their buildings’ external facades and to help them in this often very complex process, the Government (through the Ministry of Housing, Communities and Local Government [MHCLG]) has been publishing an increasing number of Guidance Notes and Advice Notes. The current consolidated guidance is Advice for Building Owners of Multi-storey, Multioccupied Residential Buildings published in January 2020.

However, the requirement to demonstrate the safety of their buildings’ façades is often not straightforward due to there being a general lack of technical information concerning the installed facades including no details of cavity barriers, construction, and product specifications.

Property owners and property managers are then faced with the need to instruct specialist consultants to provide their expert opinions in respect of offering an answer to the external facade safety question.

PRE has a team of specialist expert consultants who are experienced and insured in inspecting building facades and has developed the following service approach.

3. General Inspection / Testing

In respect of the various types of building facades, it is generally the case that where metallic / non-metallic cladding has been identified on high-rise buildings, the cladding system has never been tested to confirm whether the materials are non-combustible. It is important therefore, that the inspection / testing concentrates on the entire cladding system and not just the external material. The cladding system may be made up of a metallic skin with a substrate and insulation attached, or there may be layers of insulation or other materials behind the cladding.

Testing in isolation often has limited value and therefore, we would propose an approach where we check the compartmentation and fire stopping behind the cladding as this may mitigate the results of the testing.

Note: additional façade materials including brickwork / render may also need to be included in the scope of the overall inspection.

1.1 The client will need to provide all available documentation relating to the building’s external facade, for example,

A review of the available documentation will enable the fire specialist to prepare for the Preparatory Inspection Visit (see below).

Note: It is very important that client provides all available background information as it may significantly affect the report conclusions if information is subsequently provided and is found to be different.

NOTE: At this stage, the fire specialist could identify the need for a cladding sample to be taken for the purposes of determining whether it meets the following standards:

NOTE: As well as reviewing the building’s façade, a review of external balconies and other external surfacestructures and features would also be included where necessary.

Stage 2 – Preparatory Inspection Visit

2.1  The fire specialist will visit the property in order to identify the locations for intrusive investigations in the façade. Investigation locations will include (but will not be limited to) exposing areas between compartment floors and walls, ducts or flues penetrating the external facade, around windows/doors and adjacent to means of escape e.g. staircases.

2.2  Following this inspection visit, the fire specialist will prepare an External Facade Inspection Locations

Stage 3 – Appointing the Facade Access Contractor

3.1 PRE will issue The External Façade Inspection Locations Report to the client who will then need to appoint a competent contractor directly. The contractor will determine the most appropriate method of exposing the façade locations identified in the report; this may involve:

Furthermore, the competent contractor will also identify the most appropriate method of accessing the façade locations, for example, mobile elevating work platforms, tower scaffolds etc. together with their safe method of operation.

Note: The client must ensure the competent contractor is fully briefed which may include liaising with the

local authority with regards to positioning access equipment on public pavements and roads (which may / may not require permission to temporarily close roads). It is important that the contractor is present during this visit to ensure the inspection visit is planned correctly (access locations / road closures / crane / cherry picker licence).

Note: Proper planning at this stage is likely to save money through the process to avoid abortive visit charges.

Stage 4 – Inspection Visit

4.1. The fire specialist will visit the property with the competent contractor appointed by the client to inspect the façade locations requiring investigation.

4.2. Where the fire specialist has identified the need for a façade sample e.g. of the cladding materials, to be taken for the purposes of determining whether it meets the relevant fire safety standards, the competent contractor will be responsible for liaising with the client in order to identify and agree the most suitable location where a 300x300mm section of façade can be taken.

4.3. The fire specialist will then arrange for the facade sample to be sent to an approved third-party testing laboratory.

Note: The sample testing would be subject to an additional fee.

4.4. The fire specialist will then prepare a report which will include the following information:

Stage 5 – EWS1 Form Sign-Off

5.1 Depending on the construction of the property and the inspection findings, we would then arrange for a Chartered Surveyor / Fire Engineer to sign the appropriate option of the EWS1 form and to offer any further advice regarding interim controls / longer term remediation.

5.2 Note: If interim controls / longer term remediation are identified as being necessary, then it will also be necessary to review the fire risk assessment for the property to take account of the external façade inspection findings (often referred to as an Interim Fire Risk Assessment). This would be an additional service and costed for separately.

Special Note:

On 21st November 2020, The Ministry of Housing, Communities and Local Government advised that owners of flats in buildings without cladding will no longer need an EWS1 form to sell or remortgage their properties.

The following guidance was then published on the same date – Supplementary note to Advice for Building Owners of Multi-storey, Multi- occupied Residential Buildings.

On first reading, people might be forgiven for thinking that the changes to the EWS1 process will now mean that no further inspection work is required for buildings without cladding. This is not the case, as the supplementary

Guidance states that:

Whilst it is clear that the focus of the new Government guidance is to free up the housing market in relation to blocks of flats, the focus is very much not to alter the need for building owners to make sure their buildings are fire safe.

Stage 6 – Interim Fire Risk Assessment

In circumstances when it has been confirmed that the external wall system does not meet an appropriate standard of safety for residents, other occupiers, people in the proximity of the building or firefighters, it is important to immediately implement short term interim mitigating measures.

In not meeting the appropriate fire safety standard, this will mean that material changes have been identified and therefore, the Fire Risk Assessment for the property will need to be reviewed. This fire risk assessment review will need to consider these material changes in conjunction with the wider fire risk management controls to enable the site-specific short term interim mitigating measures to be identified.

The competent fire risk assessor will need to consider:

Note: the fire risk assessor chosen to undertake the interim fire risk assessment should be sufficiently competent to evaluate the overall risk to residents once it has been concluded that the building does not meet an appropriate standard of safety.

4. Fees

Project specific fee proposals will be prepared for each property; however, it should be noted that some elements of the proposed fees will only be capable of being finalised after the Preparatory Inspection Visit. This is due to the fact that the access contractor will need to finalise their fee once they know exactly what areas of the external façade require inspection. Also, depending on the method of access chosen, this may have an impact on the time it would take to complete the actual façade inspection.

Please also note that the fee to complete the Interim Fire Risk Assessment will be subject to an additional fee.

5. Competence

PRE has a team of specialist consultants who are experienced in inspecting building facades. Our specialists satisfy the competency standard set out in the most up to date government guidance.

Specifically, we use Chartered Fire Engineers who are able to provide detailed advice should the facade be identified as not meeting the required building fire safety standards.

This advice would include:

6. Process Chart for Assessing External Wall Systems (EWS1 Form)

In providing this service, we adhere to the approach set out in the consolidated government guidance: Advice for Building Owners of Multi-storey, Multi-occupied Residential Buildings published in January 2020, and the Supplementary note to Advice for Building Owners of Multi-storey, Multi- occupied Residential Buildings published in November 2020. This includes the level of competence the specialist consultants must possess in order to advise on lower risk and higher risk facades.

If you have any questions and or projects  you would like us to look into please do contact one one of our leadership team.