Schedule of Condition - Leasehold
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- Schedule of Condition – Leasehold
What is a Schedule of Condition?
A Schedule of Condition can be contained in either the Assured Shorthold Tenancy Agreement and/or a Party Wall Award. Prior to starting the work, a surveyor will make a note of the property condition by developing a report and adding supporting images and diagrams.
A Schedule of Condition is usually asked for by a homeowner or landlord just before the tenant takes control of the building or before a party wall project gets underway.
Why should you get a Schedule of Condition Canterbury?
A Schedule of Condition gives a clear picture of an area by marking any problems that exist at the moment. Later on, the Schedule can be used to tell the difference between new and previous damage. A Schedule of Condition is usually used to check against when changes or repairs happen.
What does the Schedule of Condition include?
How much a Schedule of Condition covers differs from case to case, but usually just captures the impacted areas and items that are being changed by the works. If a tenant is leaving a building, then a Schedule covers more details than it would for a Party Wall matter, although the level of detail usually stays the same. The Schedule of Condition lists everything a surveyor can observe at the time of the survey.
How can alterations or works impact your property?
Ground floor extensions, loft conversions and basement conversions each change a building in different ways. Through discussions with your architect or designer, you will have a chance to consider things that will help you achieve your desired result.
We have surveyors on the panel who have prepared many schedules of condition for clients. Always express your worries to property management before you prepare the Schedule of Condition if you’re not certain about what to expect from the alterations.
What does a Schedule of Condition look like?
It should be descriptive information plentifully illustrated with different pictures, diagrams or sketches. That way, the size and location are clarified. Pictures alone will not suffice.
You will find your schedule presented clearly, with picture references included in the text. Should your surveyor have trouble describing or taking a photo of it, they may only write a general note about the discovery (this is often the situation with hairline cracks).
Who benefits from a Schedule of Condition?
The team is experienced in drawing up Schedules of Condition for landlords, tenants and adjoining owners. You can expect a full report on the condition of a building or part of it at the date and time you request.
A Schedule of Condition may be attached to either a Lease or a party wall award by the tenant/owner to confirm that everything was in good condition at the start of the tenancy or work.
Anyone in Canterbury, including homeowners and landlords, can ask our panel of surveyors for a Schedule of Condition. Should you want to get a free proposal, you can contact our team now.
How do I serve a Party Wall Notice?
To serve a notice under the Party Wall Act, which concerns building work on a shared wall, there must be at least a 2-month waiting period before the actual building can begin. The notice must be directed to the proper legal owner and/or leaseholders of the property.
If these necessary details are not included in the notice, then it has not been served properly, and the notice period does not start. The notice can be served without planning permission and up to a year in advance of when the work is scheduled to start.
Once the adjoining owner receives the Party Wall Notice, they have 14 days to reply to it. They can either accept the notice (and allow the building owner to get on with the work) or dispute it (in which case they shouldn’t get on with the work until the dispute is resolved).
If neither party hears in 14 days, the building owner’s surveyor serves the adjoining owner with a further notice to help move things along. If they still don’t accept or dispute, we start assuming the adjacent owner disputes the notice and proceed to appoint surveyor on their side.
Have a Question?
Questions
Yes, unless you get written consent from your neighbour.
Yes, but you will still need a party wall award. Since we’re doing work on a wall that doesn’t belong exclusively to us, a reasonable award under the Party Wall Act is sensible, particularly the fire risks associated with this work.
A frequently selected alternative is to install a stainless steel flue system. This provides a straightforward way to vent the fireplaces that still exist in the homes of some clients.
There are several, notably: that the stack may be damaged and fall, causing structural damage; that the work may be done in such a way that damp enters the walls; that the debris may land in the neighbour’s fireplace; and that the work may not comply with the relevant sections of the Party Wall Act, thus giving rise to a lawsuit.
Many people choose to install a stainless steel flue system, as it is an economical option to venting a fireplace when you no longer have an actual chimney—yet still want the fireplace to work.
Authority figures recommend that you have the chimney stack inspected and/or cleaned at least once a year by a certified chimney sweep. This is done not only to ensure that the chimney stack is in good working order but also to identify any possible issues that could become big problems if not taken care of in a timely manner.
Making the correct decision on whether to remove or repair a shared chimney stack is extremely important, and there are a number of points you need to consider and be aware of. The key issue you need to investigate first is the physical condition of the chimney. Additionally, you’ll need to think about how to manage the Act in relation to the chimney with your Canterbury party wall surveyor.
To put it simply: don’t do it; not serving the notice can result in your project being slowed to a crawl or even halted.
The first step is to understand what a notice actually is. A Party Wall Notice is a way of formally informing your neighbours that you intend to do work that might affect them or a shared structure.
To ensure that a Notice is valid and to reduce the risk of any challenges or delays, it is advisable to have experienced individuals draft and serve the Notices. An award can not be made valid retroactively.
Even if it can be shown that work on a party wall already took place, there is an option to serve a late notice, but this may lead to further disputes and costs
If you plan to improve your home in a way that affects a party wall, the first step is to tell your neighbours what you will be doing. This is done by serving a notice on them with the help of a party wall surveyor.
If your neighbours don’t agree with your plans, you need to have a Party Wall agreement drawn up. This is a document that clearly states the rights and responsibilities of both you and your neighbours in relation to the wall you share.
Once you serve notice on your neighbours about doing work that affects a party wall, they will have the opportunity to consider your notice and express their concerns, if they have any.
The aim of the Party Wall Notice is to ensure that cooperation and good neighbourliness are encouraged when it comes to work being carried out on shared structures.
Is it necessary to have a Schedule of Condition?
The purpose of the Schedule of Condition is to safeguard a Building Owner against the Adjoining Owner’s untrue assertions of damage. But it also safeguards the Adjoining Owner by documenting, beyond any question, that damage has occurred. Contact us today for our team of Party Wall Surveyors in London and Canterbury to assist you.
