APC - Case Study

Question 1

What does Section 2.2 of the Home Survey Standard have to say about Level 2 surveys on older and/or complex properties, historic buildings and those in a neglected condition?

Answer 1

Level 2 Surveys are for clients who are seeking a professional opinion at an economic price, being less comprehensive than a level 3. This focuses on general condition of the main elements. It is suitable for a broad range of conventional built properties but may not be appropriate for complex, historic and neglected properties.

Question 2

When was the latest decision on Hart v Large?

Answer 2

The decision by the Court of Appeal inÊHart v LargeÊ(cited as Large v Hart at the Court of Appeal stage) was handed down in January 2021, with the Court dismissing the appeal and upholding the High Court’s judgment. However, the Court of Appeal stressed that this was an unusual case and that the findings should not give rise to a departure from the usual principles governing the measure of loss in claims against surveyors.

Question 3

What type of property was involved in the Hart v Large Case?

Answer 3

Detached House in Devon newly refurbished/extended.

Question 4

What part of the decision in Hart v Large made you advise that a Level 2 survey with valuation would be the most appropriate product for your client?

Answer 4

None. It is completely different circumstances, and I informed the client about dampness and repairs. The client specifically asked for a Level 2 as he is a repeat customer who has had both services off us in the past and is and experienced developer.

Question 5

What document should Mr Large have requested be obtained from the vendors?

Answer 5

Professional Consultant’s Certificate (PCC)

Question 6

What is a PCC?

Answer 6

A PCC is basically a legal document confirming that your project has been completed satisfactorily, then reviewed and signed off by a qualified architect or surveyor. It states that the construction work conforms to all planning permissions, building regulations, and other associated contracts

Question 7

Would you have considered the property where Mr Large recommended a HomeBuyers Report was suitable for a HomeBuyers Report?

Answer 7

No. It is a large and expensive property which has been extended. Also, the client is a Homebuyer not a developer. A building Survey would be most appropriate.

Question 8

Why was the Hart v Large Case unusual?

Answer 8

It was unusual because the Court held that Mr Large should bear the consequences of such advice not having been given. This upheld the High CourtÕs decision in relation to the measure of loss, which was unusual in case of this nature. This was because the conventional method in Watts V Morrow would only have compensated Mr and Mrs Hart for the simple defects that were missed by Mr Large.

Question 9

When did the Home survey Standard become effective?

Answer 9

1st March 2021

Question 10

What factor allowed the judge to depart from the normally accepted measure of damages for negligence?

Answer 10

Because there was a combination of factors including missing defects, failure to advise further investigations and lack of advice to obtain a PCC which led the court to assess the damages on a broader basis.

Question 11

What are the differences between Level 2 and Level 3 Surveys?

Answer 11

Level 2: This level of service is for clients who are seeking a professional opinion at an economic
price. It is, therefore, less comprehensive than a level three service. The focus is on
assessing the general condition of the main elements of a property. Level 3: This level of service is for clients who are seeking a professional opinion based on a
detailed assessment of the property including risk, defect causes and costings.

Question 12

Why did you advise that a Level 2 survey with valuation would be the most appropriate product?

Answer 12

The client is an experienced developer and repeat customer. He just wanted an overview of general condition and a valuation of the property to see if it was worthwhile.

Question 13

How did the age, condition, and type of construction affect your advice on the appropriate level of service?

Answer 13

If it was a different client e.g., a first time buyer I would have advised a level 3 survey due to the clientÕs needs and the properties characteristics.

Question 14

What did you mean by a company management system search was undertaken to identify any conflicts of interest?

Answer 14

Company management system is our companyÕs internal data base with digital records of previous jobs and clients. This is used to check for conflicts of interests.

Question 15

How did the client accept your fee quote and ToE?

Answer 15

The client accepted quote and TÕs of EÕs via email and payment of invoice.

Question 16

Tell me about the risk assessment you undertook?

Answer 16

My risk assessment including identifying potential hazards, evaluating the risk and recording my findings. For example, the roof space could only be inspected safely from my ladders and a torch.

Question 17

Tell me about the vendors questionnaire you asked the vendorÕs daughter to complete.

Answer 17

The vendorÕs questionnaire is similar to the TA6 form. It includes details of vendors ownership e.g., purchase price, any structural alterations, any guarantees, issues they are aware of etc.

Question 18

Referring to your dynamic risk assessment, you state that, owing to its age and condition, the property may have contained deleterious materials. What deleterious materials were you anticipating in a midterrace 1800s house?

Answer 18

Potential asbestos, lime based plaster (Anthrax), lead paints etc

Question 19

Talk me through what measuring to IPMS 2 involves.

Answer 19

IPMS 2 Ð Residential: The sum of the areas of each floor level of a residential building measured to the internal dominant face, which may be reported on a component-by-component basis for each floor of a building.

Question 20

To what level of accuracy did you measure?

Answer 20

I measured to .1 then rounded up the final measurement figure.

Question 21

Why is a cement rendered finish is inappropriate for a stone stack?

Answer 21

The render was not designed for this type of structure. The render is too hard and prevents moisture from escaping which can cause some internal dampness or erosion to the stonework.

Question 22

How did you make client aware of the additional works needed to the stack that needed to be taken into consideration? Was this in. the report or a subsequent telephone conversation? If so, what permanent record did you keep?

Answer 22

Both I made the client aware of the further investigations and repairs via a telephone conversation and within the report.

Question 23

Would the works to the chimney stack require a Party Wall notice to the adjoining owner?

Answer 23

Most likely dependent on the advice form the structural engineer or if the client wanted to remove the stack completely.

Question 24

Whilst you recommended a closer inspection of the flue lining did you report this as a Health and Safety risk to occupants?

Answer 24

Yes, I made the vendors daughter aware of the risk. However, the property was vacant and had been for a while.

Question 25

Why do you say less common rising damp?

Answer 25

Rising damp is often misdiagnosed and it relatively rare consequently.

Question 26

You indicate where issues were likely to focus in the roof space including looking out for split flags, the condition of the fixing pegs, the timber fame and deflection. Did you find any of these defects?

Answer 26

Dishing was noted to the roof, several split flags and some deterioration jot the pegs. Internal dampness was noted to some of the internal timbers.

Question 27

What high level repairs did you advise the client to undertake when the property was scaffolded?

Answer 27

High level repairs included repairs to the stack, roof covering, rainwater goods and high level pointing repairs.

Question 28

What made you decide the rot identified was wet rot?

Answer 28

It was suspected wet rot. I could not test the timber. A white fungi/mould was present, visible damp staining to the timber and a damp musty smell.

Question 29

Did you consider dry rot?

Answer 29

No because there were no visible signs e.g., decaying timber, no visible mycelium, spores or fruiting bodies. Plus, the tested timbers were high wood moisture content higher than dry rot.

Question 30

Did you condition rate the roof covering and dampness sections as level three as well as the roof space?

Answer 30

Yes all were condition rated 3 due to the need for urgent repairs and further investigations.

Question 31

Did the roof structure require any strengthening because of the undulations noted?

Answer 31

No but repairs/closer investigation would be needed to replace any damaged timbers.

Question 32

What was the cause of the undulations to the roof slopes?

Answer 32

Age of the roof e.g., weakening of timbers or overloading.

Question 33

Why was the render/paint in the kitchen inappropriate?

Answer 33

The paint/render was inappropriate because the property was solid construction and the paint was non-breathable and the render is too hard for the stone which would trap in moisture or cause some damage to the stonework.

Question 34

Where was the detached pointing?

Answer 34

Various sections of the walls were noted to have detached/loose pointing.

Question 35

Do you consider a terrace mid 1800s property is likely to have a dampproof course?

Answer 35

It was possible the property had a DPC. They became compulsory in 1875 but properties are known to have DPC prior this date. It would likely be a slate DPC.

Question 36

How would you go about damp proofing 500mm stone walls?

Answer 36

I would damp proof solid walls by fixing any issues which could be causing penetrating dampness e.g., high ground levels, detached pointing etc. I would re-point the wall with a lime based mixed and replaster internal wall with a breathable material.

Question 37

Was the solid flooring original?

Answer 37

Yes unlikely to contain a DPM.

Question 38

What are the challenges for retrofit specialists under PAS 2035 in respect of heating and ventilation.?

Answer 38

The Heating and Hotwater Industry Council (HHIC) has said the launch of the PAS 2035 standard will undermine efforts to introduce more efficient heating to address fuel poverty in older homes.

Question 39

Your site notes indicate deflection to the first-floor timbers. What did you consider was the likely cause?

Answer 39

Historical settlement, age/additional weight over the years or possible undersized floor joists.

Question 40

How did you rank your comparable evidence?

Answer 40

I ranked the properties in terms of locality and size. Comparable one sold on the same street and was recent that was why it was ranked first.

Question 41

How did you arrive at the deductions you made for size and condition? What adjustments did you make for market movement with sales that were over 6 months old?

Answer 41

I adjusted the size from PPSM and calculated the size difference via a percentage. I made the adjustments for date sold by the percentage increase from the NWHPI

Question 42

Why were all the sales > 10% above the value and PP of the subject property?

Answer 42

Lack of comparable evidence. The property was unique in terms of size and locality. There was a lack of comparable evidence.

Question 43

You conclude the valuation was the most challenging part and that further investigations were required to enable you to produce an accurate valuation. What were the results of these investigations and were they available when you issued your Home survey and Valuation?

Answer 43

The further investigations contained the costing for the works required. These were not available prior to the inspection. The condition highlighted these issues which were used against the value.

Question 44

Did you recommend or insist the investigations required were undertaken prior to a legal commitment to purchase by your client?

Answer 44

I insisted that the further investigations were required to give a more accurate and professional cost for the works required.

Question 45

Did you withhold your valuation until the result of the further investigations were known?

Answer 45

Yes, I withheld the valuation until I had the costings for the works required. I used this to aid my valuation figure.

Question 46

What would you do differently next time?

Answer 46

I would make the client aware of the issues on site. This would speed up the appointment for the further investigations and the process of the valuation.

Question 47

How did you act ethically?

Answer 47

I behaved ethically by remaining within my competence and referring the movement onto a structural engineer.

Question 48

What were your key achievements?

Answer 48

My achievements included effectively producing a report and valuation for the client.