APC Master Questions

Question 1

What are key financial statements that all companies must provide?/ What are company accounts?

Answer 1

• Profit and loss account
• Balance sheet
• Cash flow statement

Question 2

What is the difference between management and financial accounts?

Answer 2

• Management accounts are for internal use of the management team
• Financial accounts are the company accounts required by law

Question 3

What is the difference between a profit and loss account and a balance sheet?

Answer 3

• Profit and loss shows incomes and expenditures of a company and the resulting profit and loss
• Balance sheet shows what a company owns (assets) and what it owes (liabilities) at a given point in time

Question 4

What is a cash flow statement?

Answer 4

• Summary of the actual or anticipated ingoing and outgoing of cash in a firm over the accounting period. It is broken down into operating, investing and financing activities.
• It measures the short term ability of a firm to pay off its bills.

Question 5

What are capital allowances?

Answer 5

• Tax relief on certain items bought for business (tools, etc.)

Question 6

What is insolvency?

Answer 6

• Inability to pay debts. Liabilities exceed assets.

Question 7

What is Companies House?

Answer 7

• An agency that incorporates and dissolves limited companies.

Question 8

Why do chartered surveyors need to understand and be able to interpret company accounts?

Answer 8

• For own business accounts
• For assessing the financial strength of contractors and those tendering for contracts
• For assessing competition

Question 9

What is the purpose of a P&L?

Answer 9

• Monitor and measure profit (or loss). Significant problems can arise if the information is inaccurate, either through incompetence or deliberate fraud.
• Compared to its past performance, compared to the budget and compared to other businesses.
• Assist in forecasting future performance (next period’s budget)
• Calculate tax

Question 10

What is the difference between debtors and creditors?

Answer 10

• Creditors – your firm owes another company money e.g. if you own a subconsultant fees then they are a creditor
• Debtors – a firm who owes your firm money e.g. a client who owes you fees is a debtor.

Question 11

What are financial statements?

Answer 11

• Forecasts of income and expenditure can be used as an analytical tool to identify potential shortfalls and surpluses.

Question 12

Why are financial accounts useful to surveyors?

Answer 12

• Track, analyse and assess business accounts and performance
• Assess financial strength of contractors
• Assess market competitors

Question 13

What is cash flow?

Answer 13

• Summarises the amount of cash or cash equivalents entering and leaving a company.
• Used in CA projects and is shown as an ‘S’ curve
• Small financial outlay at the start, steep increase during and tapers off at the end.

Question 14

What is an EOT?

Answer 14

• Employee Owned Trust – an indirect form of employee ownership in which a trust holds a controlling stake in a company on behalf of all its employees and provides an incentive for owners to sell a controlling stake in their business.

Question 15

When have you used company accounts in your work or when do you think you might in the future?

Answer 15

• To assess the financial strength of contractors at tender stages.

Question 16

How do you carry out a credit check? Give an example.

Answer 16

• I do not carry out credit checks as part of my role. During the procurement process I do, however, check a contractor’s status on Constructionline, which does include basic information on a client’s financial status. When advising my clients, I would confirm whether the contractor had reached gold standard and would flag any concerns, and recommend that their accountants undertake appropriate due diligence on the company’s accounts.

Question 17

Why would you not recommend the appointment of a contractor with low credit rating?

Answer 17

• Risk of contractor not performing satisfactorily
• Risk of contractor to restrict his resources on site
• Risk of contractor or supply chain insolvency

Question 18

What measures would you recommend if your client wants to appoint a contractor with low credit rating? How did you deal with a contractor’s cash flow issues?

Answer 18

• Request a bond, such as a performance bond to manage risk. Advance payment bonds, off-site materials bonds or retention bonds can be used to improve cash flow.
• Check that the tender is not excessively front loaded
• Make sure that work is accurately valued at interim valuation
• Consider opening a project bank account.

Question 19

What is a balance sheet?

Answer 19

• A snapshot of a company’s financial condition.

- Assets, liabilities, and ownership equity are listed of as of a specific date, such as the end of the financial year.

Question 20

What is a profit and loss statement?

Answer 20

• Income statement
• Shows the company’s revenues and expenses during a particular period and provides the net income.
• Purpose to show managers and investors whether the company has made or lost money during the period being reported.

Question 21

Why do we need financial reporting?

Answer 21

• To regulate and prevent fraud
• To transmit information on the health of the business to investors
• To help the management to manage the business

Question 22

What is capital expenditure?

Answer 22

• Expenditures creating future benefits

- Incurred when a business spends money to either buy fixed assets or to add the value of an existing fixed asset.

Question 23

What is money laundering?

Answer 23

• Practice of engaging in financial transactions to conceal the identity, source, and/or destination of illegally gained money.

Question 24

What is lock up?

Answer 24

• Sum of unbilled work in progress and debtors (excluding VAT)
• Can have a serious side-effect – affects cash flow.

Question 25

How do you prevent lock up?

Answer 25

• Invoice immediately on completion
• Invoice when you reach one of the interim work points
• Put in place a strong, disciplined credit controlled system
• Ensure partners/staff play their part in chasing/collecting bills.

Question 26

What is WIP?

Answer 26

• Work in Progress is the amount of time a surveyor has works, the value of that time and expenses that have been executed, but not invoiced
• Goes beyond what you expect to bill

Question 27

What is a fee agreement?

Answer 27

• Establishes the parameter for work done between a client and a service provider
• Can be used to define the terms of the agreement of an instruction in advance
• Mutually agreed arrangement for the payment of fees, subject to the requirements specified in the framework.

Question 28

How do you calculate a fee proposal?

Answer 28

• Determine the scope of works required.
• Understand the type of building to be inspected
• Estimate the resources required and time to undertake the work and multiply this by an hourly rate
• Include costs for any disbursements required, such as access platforms, drainage surveys, drone surveys, M&E or environmental surveys.
  Include provision for overheads and profit.

Question 29

What is a business plan?

Answer 29

• A formal statement of the business goals, reasons why they are attainable and the plan for reaching the goals.
• Provides employees with a common ground to focus on.

Question 30

What is a SWOT analysis?

Answer 30

• It is a structure analysis of the market (demand side).
• It is used to analyse internal strength and weaknesses and external threats and opportunities to exploit strengths and opportunities and mitigate weaknesses and threats.

Question 31

What is a PEST analysis?

Answer 31

• This is a structured method of analysing the key factors influencing markets (demand side).
• These factors are: political influences, economical influences, socio-demographical influences, technological influences and environment.

Question 32

What is included on a business plan?

Answer 32

• The vision
• Objectives and goals
• Strategies and actions

Question 33

How do companies write a business plan?

Answer 33

• The analysis of the markets and industry enable companies to identify business opportunities and critical success factors in their markets and industry.
• Companies should focus their resources in developing their competencies in the critical success factors.
• This then leads to the development of goals and objectives with their associated strategies and actions.

Question 34

What is contained in an appointment document?

Answer 34

• Clarification of the scope of the works
• Agreed fee aligned to the scope
• Terms of business
• Agreed amendments to the terms.
• Limitations
• Complaints handling procedure.
• Contact details

Question 35

Would you be able to interpret/understand an annual account?

Answer 35

• At a high level, but would seek further advice from one of our internal chartered accountants.

Question 36

What are Hollis’ terms of business?

Answer 36

• Hollis’ T&Cs contain:
  o Parties to the agreement
  o Client and supplier code of conduct
  o Client money
  o Complaints – referral to the Centre for Effective Dispute Resolution
  o Performance of services – no responsibility for subconsultants selected by client
  o Fee basis – confirmed in writing
  o Expenses and disbursements – add 10% at least to third party costs as a handling fee. May invoice each month.
  o Payment terms – 30 days of receipt of invoice. Interest at 4% over base rate.
  o Inspections – abortive visits – can charge for additional visits.
  o H&S – inform of asbestos as per Control of Asbestos Regulations 2012
  o Prevention of performance – not liable for force majeure.
  o Data protection
  o Suspending and terminating instructions – 14 days written notice to terminate, 7 days if in default of payment
  o Liabilities limitations – asbestos, pollution, flood risk, EWS1 survey
  o PII – limit of £1,000,000 in respect of each and every claim arising.
  o Governing law – English law.

Question 37

What is your firm’s business plan?

Answer 37

• The vision is ‘Getting things right for our people and clients’.
• The aims are:
  o Invest and develop people
  o Meet the needs of our clients – ESG offering/client management programme/client feedback programme
  o Focus on resilience and future – digital transformation, succession, EOT, client care, ESG strategy
  o Innovation – doing something new – efficiency/cost driven.
  o Operational plans
  o Aim for £64m turnover in 2023 with 15% net profit.

Question 38

What was your firm’s turnover last year?

Answer 38

£39 million (gross profit £21.5m)

Question 39

How do you contribute to your company’s business plan?

Answer 39

• Striving for excellence in my work.
• Keeping up with new technologies
• Sharing knowledge in integrated teams
• Focus on safety
• Focusing on upselling ESG services to clients.

Question 40

What are your company’s values?

Answer 40

• Open
• Energetic
• Connected
• Excellent

Question 41

What do you do to ensure that you align yourself to your company’s values?

Answer 41

• Take responsibility, communicate clearly, always aim to do the right thing, striving for excellence.

Question 42

How do you think an up-to-date business plan can help an organisation in the current economic climate?

Answer 42

• To seek funding
• To gain new instructions, clients and customers
• To help focus on key priorities
• To allow the organisation to respond to change
• For budgeting
• Setting targets for staff

Question 43

What are the different types of business plan?

Answer 43

• Start up business plan (details steps to start the new enterprise with a start up business plan – describes the company/product/service and project management team, and will include a financial analysis with income, profit and cash flow projections)
• Internal business plan (targets a specific audience within the business e.g. marketing who need to evaluate a proposed project. It describes the company’s current state, operational costs and profitability and how the business will repay any capital needed for the project.)
• Strategic business plan (high level view of a company’s goals and how it will achieve them, inspiring colleagues to work together to create a successful culmination of the goals)
• Feasibility business plan (answers 2 primary questions about a proposed business venture – who, if anyone, will purchase the service/product, and if the venture can turn a profit)
• Operations business plan (internal plans related to company operations, specifying implementation markers and deadlines for the coming year).
• Growth business plan (in-depth expansion plans of proposed growth and are written fir internal/external consumption – provide company details to satisfy potential investors including financial sales and expense projections.)

Question 44

What are the three recognised levels of business planning?

Answer 44

• Corporate level – high level strategy/entire company
• Management level – implementation of strategy
• Operational level – specific results required from departments’ work groups and individuals.

Question 45

What is the Companies Act?

Answer 45

• Companies Act 1985 is an Act of Parliament of the UK which enabled companies to be formed by registration and sets out the responsibilities of companies, their directors and their secretaries.

Question 46

What is an LLP?

Answer 46

• Limited liability partnership – partnership in which some or all partners (depending on the jurisdiction) have limited liabilities.

Question 47

What is Hollis’ management structure?

Answer 47

• Employee owned Trust
• Trust that enables a company to become owned by its employees
• Set up by the existing equity partners as part of their exit/succession plan
• Shares can be sold free of capital gains tax
• Once a company is owned by an EoT it can pay annual bonuses to its employees free of income tax.
• For tax breaks to apply the trust must hold over 50% of the shares of the company and employees must all be included and benefit on the same terms.
• Management continues to run the company and the EoT is run by the trustees to ensure the company is being well led and maximises employee engagement/commitment.
• Junior board to get employees involved.
• Senior Director – John Woodman

Question 48

What is Hollis’ long and short term plan?

Answer 48

• Short term targets –
  o Improve productivity
  o Reduce lock up
  o Invest and develop people
  o Meet the needs of our clients – ESG offering/client management programme/client feedback programme.
  o Aim for £64m turnover in 2023 with 15% net profit.
• Long term targets -
  o Focus on resilience and future – digital transformation, succession, EOT, client care, ESG strategy
  o Innovation – doing something new – efficiency/cost driven.
  o Operational plans

Question 49

What are your targets and how do they apply to the overall business plan?

Answer 49

• Improve efficiencies – we have installed new CRM and data management software
• Reduce lock up – invoice regularly.
• Client care, quality service and professional development – helping the company to achieve its goals.

Question 50

What is client care?

Answer 50

• Looking after the client’s best interests and providing appropriate service that satisfies the client’s needs and achieves value for money. This can be achieved by:
  o Professionalism
  o Competency
  o Punctuality
  o Trust
  o Reliability
  o Presentation
  o Regular communication -providing client updates.
  o Review of services provided and standard
  o KPIs to monitor client satisfaction
  o CPF
• Majority of work developed through repeat business from existing clients – important for the client to achieve his requirements for the substantial amount of money paid, but also for the company providing a service to ensure repeat businesses from existing and new clients. Word of mouth from a happy client can result in further work, but a dissatisfied client can be very damaging as rumours spread quickly. Reduce negligence claims and protect PI.

Question 51

How would you identify the needs of a client?

Answer 51

• Client account planning sessions
• Each client and project is different and needs to be assessed on its own merits.
• Discussions regarding project, key deliverables and scope of services required
• Review past CPF scores and identify key areas (good and bad)
• Review any complaints/ bouquet letters to identify mistakes/best practice.

Question 52

What is a client brief?

Answer 52

• Purpose to provide a firm foundation for the initiation of the project
• Formal statement of the objectives and functional and operational requirements of the finished project.
• It should be in sufficient detail to enable the integrated project team to execute the specification and detailed design of the work and is therefore an essential reference for the team.

Question 53

What is client empathy?

Answer 53

• Understanding the needs of your client and delivering value for money above and beyond their expectations.

Question 54

Provide an example of your client empathy/care skills.

Answer 54

• Woodley – although working on multiple projects simultaneously, I always acted swiftly to answer queries and resolve issues. For instance, the client indicated that they would like to reduce costs, but still refurbish the unit to a condition that would attract prospective tenants. I reviewed the scope of works and identified key items that could be varied to achieve this, for instance, repairing existing sanitaryware, rather than replace. Clean, rather than respray internal lining panels.

Question 55

When should you decline an instruction of new work from a client?

Answer 55

• If there is a conflict of interest
• If it is outside of your area of expertise
• If it is not in the client’s interests – you cannot resource the job
• Illegal

Question 56

What do you need to consider when preparing a fee proposal?

Answer 56

• Confirm the client’s brief and that we have the necessary expertise
• Estimate the costs to undertake the works, based on hourly rates and equipment.
• Check that there is no existing fee agreement in place
• Varying levels of sign off depending on fee value
• Check the same bid elsewhere within the company / conflict of interest

Question 57

What makes up a fee proposal?

Answer 57

• Executive summary – scope/solution
• Client needs/drivers
• Project issues
• Benefits for clients/experience
• Conditions of engagement/T&Cs
• Methodology/organisation
• Proposed fees (supported by CVs/ interviews/ programme of deliverables/ subconsultants/ questionnaires/ QA procedure)

Question 58

How would you limit the risk of working with a client who may be financially unstable?

Answer 58

• Screening process
  o Dun & Bradstreet credit check
  o Company search (account information from companies house)
  o Internet search (client information for additional information – judgement on reliability)

Question 59

If your client asked you to lower your fees because of their limited funding, what would you do?

Answer 59

• The client would have to pay the required price for the level of service required or reduce the scope of works involved.

Question 60

Why is client care important to your organisation?

Answer 60

• We provide an advisory service and a high level of trust between ourselves and our client’s is essential for a successful project delivery.

Question 61

What is your company’s procedure for client feedback?

Answer 61

• Provide client with updates at regular intervals, depending on the client’s preference
• Regular in-person meetings with clients
• Informal continuous feedback process

Question 62

What is your company’s procedure for complaints handling?

Answer 62

• RICS specifies 2 stages (1 – senior member of staff 2 – independent redress system)
• The complainant is invited to make a complaint to the company’s in-house complaints handler.
• They will acknowledge receipt within 7 days and will then have 21 days to investigate and resolve the issue.
• If the CHP officer cannot resolve the issue, the matter goes to our senior director who then has 14 days to undertake a separate review.
• If the issue is still not resolved, the matter is passed on to the surveyor’s arbitration scheme.

Question 63

How do you identify your clients?

Answer 63

• At my level, I investigate who the key influencers and decision makers are beyond the person I am dealing with. I do this by learning about their organisation and asking questions.
• My company identifies its clients through market research, client’s surveys and networking events.

Question 64

How do you identify your client’s needs and expectations?

Answer 64

• Ask questions and listen to your client – use client’s briefing checklists where applicable.
• Make sure that you receive a comprehensive project brief
• Carry out regular project reviews and seek continuous feedback
• Refer to previous feedback completed by this client if applicable.
• Understand who the key influencers and decision makers are beyond the individual you are dealing with.

Question 65

How do you establish trust?

Answer 65

• Be transparent
• Be honest at all times
• Learn about your client and their objectives
• Only act within your level of competencies
• Always act in a professional manner
• Always provide a high level of service

Question 66

How have you demonstrated good customer service in the course of undertaking your role?

Answer 66

• I agreed to undertake an inspection of 2 office units to undertake Schedules of Conditions and agreed to a 2 week turnaround. A day after my inspection, the client informed me that the deadline had changed and the SoCs were now needed urgently in order to finalise a new lease. I shifted my diary to accommodate this last minute request, and put in a few additional hours after work to ensure that my client’s needs were met. I was able to meet their updated deadline, and they were very pleased that completion of the lease was not delayed.

Question 67

What are the specifities of a framework client?

Answer 67

• Their expectations tend to be greater
• They expect us to know their organisation in detail
• They expect us to have an in-depth understanding of their business plan and to take into account their long term objectives.
• Timescales are tighter and there can sometimes be pressure on fees

Question 68

How can you encourage repeat business?

Answer 68

• Provide high level of service and customer care during projects
• Obtain feedback and act on it
• Deal with complaints honestly and effectively
• Keep in touch with clients when we have no live project with them
• Organise business development activities such as social events or CPDs.

Question 69

Name some different forms of communication?

Answer 69

• Verbal
• Non-verbal (body language, eye contact, gestures, appearance, etc.)
• Written
• Graphic
• Presentation
• Listening

Question 70

What are some of the barriers to effective communication?

Answer 70

• Verbal (tone, clarity, language barriers, silence, etc.)
• Technical language (jargon)
• Emotional/language barriers
• Disinterest
• Prejudice/bias
• Interruptions

Question 71

Tell me some good negotiations skills.

Answer 71

• Detailed research and preparation
• Preparing your ‘win-win’ and fall back situations
• Undertake a SWOT analysis (strengths, weaknesses, opportunities and threats)
• Decide what is and is not negotiable
• Develop partnering approach rather than adversarial
• Attitude – the project must be the winner and not individuals

Question 72

What makes successful negotiations?

Answer 72

• Preparation and collating supporting documentation
• Each party gets the chance to present their case in a calm forum
• Identify bargaining positions and make proposals
• Bargain on concessions and compensation to reach final proposal
• Agree and confirm the deal; confirm who does what.

Question 73

What are the key steps when preparing for a negotiation?

Answer 73

• There are 3 stages:
  o Claim notified/received (identify what the issue is, what needs to be negotiated, who is involved, background research required)
  o Initial response and planning (what is stance, any bargaining power, aims, strategy and how this fits with the other party, what can be conceded, influence meeting by disclosing information)
  o Preparing to meet (further detailed planning, negotiation team selection and role definition)
  o Negotiation meeting

Question 74

How should you approach a negotiation meeting?

Answer 74

• Should enter meeting with an open mind, be objective and establish a point at which you would be happy to compromise.
• Let other party air their side of events and likewise.
• Be professional, remain calm.
• Meet at a common ground and obey an agreement reached for the benefit of the project.
• Once agreed, put in writing (instruction, legal letter).

Question 75

Give us an example when you had to handle difficult negotiations.

Answer 75

I experienced a challenging situation when I represented the landlord in a dilapidations claim of a retail unit in central unit, where the tenant had elected to undertake the works, rather than agree a settlement, but did not complete these to the requisite standard. The tenant elected not to instruct a surveyor to negotiate the claim on their behalf. The tenant initially refused to acknowledge liability for the outstanding works and would not engage fully with the negotiations, but I scheduled in a number of calls and met the tenant on site, using laymens terms to explain the process and their outstanding liabilities. This resulted in the tenant responding with an offer to settle that was accepted by the landlord.

Question 76

Give me an example of a time you showed good oral communications skills.

Answer 76

I have chaired a number of progress meetings on site during projects, managing the meeting to ensure all salient points are discussed, and ensuring that all parties are able to express their views.
I have also used my oral communications skills when meeting with clients to discuss project designs, providing advice on the various options.

Question 77

What do you think about email communications?

Answer 77

• They have the same legal value as a letter and contracts can be inadvertently created by email. I must therefore be careful to check for content and form in email communications. Sometimes people are too lax as they are perceived as informal.
• Always communicate in a professional manner, even if other parties do not.
• Make sure that you select the correct recipient and do not show others’ email addresses without their consent.

Question 78

Why is it important to follow up verbal communications with an email?

Answer 78

To ensure that there is a written record of decisions made that can be referred to later if there is a dispute.

Question 79

You mention an expert witness job that you completed at an hotel. What was your role in this work, and how many people were involved?

Answer 79

I was involved with collecting evidence on behalf of a director at my company who was appointed to act as an expert witness on a dispute. A group of surveyors from my firm worked together to streamline the process, and had to liaise with varying levels of staff at the hotel to ensure that we were able to gain access to the various locations, including the hotel owner, manager, bookings and cleaning staff.

Question 80

Why is clear communication important?

Answer 80

It avoids confusion and reduces the chance of any disputes.

Question 81

What is dispute resolution?

Answer 81

• Actions to resolve contractual disagreements between parties.

Question 82

What types of ADR are there?

Answer 82

• negotiation
• mediation
• adjudication
• arbitration

Question 83

What is conciliation?

Answer 83

• A dispute resolution process similar to mediation
• Independent party to aid an agreement
• Conciliator has no authority to seek evidence or call witnesses
• Conciliators do not make decisions
• Messenger – shuttle diplomacy

Question 84

What is mediation?

Answer 84

• A neutral mediator facilitates negotiation between the two parties
• Normally sit in two separate rooms and the mediator goes between the parties
• It is a confidential and informal process
• Conducted on a without prejudice basis
• The mediator has no decision making authority and cannot impose a resolution on the two parties.

Question 85

What is the difference between mediation and conciliation?

Answer 85

• Mediator is a neutral party who helps parties to rebuild business relationships and help them work out a solution that is mutually agreeable. These parties are directly engaged in the discussions. It is non-binding and parties can revert to arbitration/litigation at any time.
• Conciliation has the same aims as mediation, but the processes are different. The conciliator is usually a figure of authority that the parties have turned to for guidance. The conciliator makes suggestions and the parties make the final decisions.

Question 86

What is arbitration?

Answer 86

• Arbitrator takes on a quasi-judicial role
• The parties are bound by the decision
• He can order a hearing or consider written representation
• He will have specialist knowledge of the subject area
• He cannot be sued for negligence
• His decision can only be overruled by a court of appeal on a point of law only
• Advantages – fast, cost effective, confidential
• Three available procedures – documents only (30 days); short hearing (30 days) and full procedure (long)

Question 87

Can you explain in detail the difference between arbitration and litigation?

Answer 87

• Arbitration – procedures governed by the Arbitration Act 1996
  o In order to arbitrate there must be an agreement by both parties
  o Parties have a wide degree of discretion as to way proceedings are conducted
  o Procedure similar to litigation with formal submission by parties, expert evidence, hearings and decisions by an arbitrator
  o Advantages – private process, parties have flexibility, arbitration awards generally easier to enforce.
  o 3 types: short hearing (1 month); documents only (1 month), full procedure.
• Litigation – presentation of arguments in court
  o Public process following Civil Procedure Rules
  o Advantages – parties do not pay for court or judge, process can deal with multi-party disputes, Civil Procedure Rules aim for accessibility, speed and efficiency.

Question 88

What is adjudication?

Answer 88

• The adjudicator acts to determine the dispute between the two parties in a contractual process
• Commonly used for construction payment disputes since the Construction Act.
• The adjudicator comes to a legally binding decision
• Must reach a decision within 28 days
• Advantages are speed and clear conclusion.
• Seen as a simplified arbitration process

Question 89

What enforces the requirement for a construction contract to contain provisions for adjudication?

Answer 89

• The Housing grants, Construction and Regeneration Act 1996 (Construction Act)

Question 90

What contracts does the Construction Act apply to?

Answer 90

• Applies to all construction contracts entered into after the commencement of the act and only applies in England, Scotland and Wales as described in the act.

Question 91

What if a building contract does not contain a provision for adjudication?

Answer 91

• Parties have the statutory right to adjudication assuming the contract qualifies under the Construction Act.
• The scheme for construction contracts will apply in its entirety.

Question 92

What is negotiation?

Answer 92

• Parties may through an informal private or facilitated negotiation process agree to settle the dispute either at a high level or in detail and agree to be bound by this settlement.

Question 93

What is your most successful negotiation?

Answer 93

• I have not been involved in too many complicated negotiations, as these have been conducted at a higher level.
• While working on a dilapidations job of three office floors on behalf of a landlord in Ealing, I entered negotiations with the tenant’s surveyor, who adopted an aggressive approach in order to intimidate me. However, I remained composed and stuck to the facts, maintaining that my proposal to salvage various suspended ceiling tiles from two of the units to replace those damaged in the third unit offered a fair approach. After a continued period of negotiations, the tenant surveyor conceded on the majority of outstanding items and we were then able to meet in the middle and reach a settlement figure that was agreeable to both of our clients.

Question 94

What could indicate the success of a negotiation on a final account?

Answer 94

• Both parties come away happy, both partis feel that negotiations were handled in a fair and reasonable manner and costs are agreed within cost report budgets.

Question 95

What are the advantages of ADR?

Answer 95

• Less formal
• Less expensive
• Less time consuming
• Less public
• Parties have more control over the process

Question 96

How do you undertake a conflict of interest check?

Answer 96

• We have an automatic prompt to check for the various conflicts of interest when setting up jobs.
• This involves checking the address, parties involved and the system highlights any identified conflicts.
• If a conflict has been identified, I would generally flag this to my manager and discuss the best approach. Generally this will involve disclosing the conflict to both parties and getting their written approval before proceeding. For instance, a conflict was not picked up on our system, when we were instructed to undertake both a dilapidations inspection on behalf of the landlord, and the refurbishment of the tenant’s new premises, and we had to get written consent from both parties before proceeding.
• An information barrier/Chinese wall was not necessary on this occasion as we were not instructed to negotiate the claim, and the two projects were undertaken by separate teams, but this was considered.

Question 97

What are conflicts of interest?

Answer 97

• Arise when a firm’s duty of care to one client is threatened by the fact that they are acting for 2 clients who both have competing interests, such as acting on behalf of a landlord and tenant in respect of a lease renewal.

Question 98

How would you consider a conflict of interest?

Answer 98

• If it should be avoided or managed
• Disclosure of the nature of the conflict and how you propose to manage it
• Advise both clients to seek independent professional advice if they have concerns
• Request written confirmation from both parties that they are satisfied with these measures and wish you to proceed.
• Once agreement reached, set up an information barrier

Question 99

Give me an example of when you have had to deal with a conflict of interest.

Answer 99

• I was instructed to undertake a dilapidations inspection on behalf of the landlord, a client had undertaken work for previously.
• When setting up the project on the system, no conflicts were flagged
• However, prior to inspecting, I was made aware that a colleague in a different office was project managing the tenant’s office refurbishment at their new premises.
• I highlighted the failure to pick up the conflict to my managers
• I immediately informed both parties of the conflict, assured them that the two projects would be managed by different teams in different offices, and confirmed that a Chinese Wall could be set up if necessary, advising them to seek independent advice if they had any concerns.
• Both parties were happy to proceed and provided written confirmation of this.
• As we were not instructed to negotiate the claim, the parties decided it was not necessary to set up a Chinese Wall.

Question 100

What is the difference between conflict avoidance and conflict management?

Answer 100

• Avoidance – do not accept the instruction

- Management – manage the conflict with information barrier and written agreement of all parties.

Question 101

What are the practical implications of an information barrier?

Answer 101

• An information barrier that separates 2 or more groups, usually as a means of restricting the flow of information.
• May include working in different locations, using different support staff, using passwords to restrict those who can view the information and the process should be overseen by the firm’s compliance officer.

Question 102

What is a personal interest (conflict)?

Answer 102

• Where you are acting for a family member/close friend or if you have a personal interest or financial interest in the matter.

Question 103

What must you do if you have a personal interest?

Answer 103

• Consider if you are able to act without compromising your professional integrity
• Declare the facts and the personal interest promptly and be transparent in your dealings.

Question 104

Tell me about a personal interest that you have handled.

Answer 104

• I was asked by a friend to advise them on some cracking they had noticed in a property that they had recently purchased. I informed them that I would not be able to advise, as I do not have PII insurance in place, so suggested that they search for a surveyor on the RICS website or contact me during office hours.

Question 105

What are your duties when acting as an expert witness?

Answer 105

• Duty to court, not the client
• Establishing the facts assessing the merits of a case, define and agree the issues between the parties, help quantify or assess the amount of any sum in dispute, give expert (opinion) evidence to the tribunal and conduct enquiries on behalf of the tribunal and report to the body as to findings.

Question 106

What types of conflict of interest are there?

Answer 106

• Party conflict (Where the duty of an RICS member/firm to act in the interests of a client in a professional assignment conflicts with a duty owed to another client/party in relation to the same/related professional assignment)
• Own Interest conflict (where the duty of a member/firm to act in the interests of a client in a professional assignment conflicts with the interests of the same RICS member/firm
• Confidential information conflict (where the duty of a member to provide material information to one client, and the duty of that RICS member/firm to another client to keep that same information confidential).

Question 107

What legislation governs data protection?

Answer 107

• Data Protection Act 1998 to cover modern data and technology
• EU GDPR implemented on 25 May 2018, which resulted in the Data Protection Act being updated to DPA 2018 to incorporate the new legislation.
• Both came into force in May 2018.

Question 108

What are the principles of GDPR and DPA?

Answer 108

• Information used lawfully, fairly and transparently
• Collected for specified, explicit and legitimate purposes
• Adequate, relevant and limited to necessity
• Accurate (kept up to date)
• Kept no longer than necessary
• Kept safe

Question 109

What are individual rights under GDPR/DPA?

Answer 109

• To be informed
• To access
• To rectification
• To erasure
• To restrict possessing
• To data portability
• To object
• To automated decision making and profiling

Question 110

What are the penalties of breaching GDPR/DPA?

Answer 110

• Fines of 4% of annual global turnover or €20m

Question 111

What is electronic document management?

Answer 111

• Prepared in response to the growth in electronic document exchange and storage
• Provides the basis of a structured electronic document management system

Question 112

What is confidentiality?

Answer 112

• Information provided may be subject to obligation of confidence
• Under terms of appointment or general law
• Careful of metadata as this could identify the original client or contain confidential information

Question 113

What are your company’s internal data protection policies?

Answer 113

• Data protection is a key part of client care
• The information can be sensitive and could have a significant impact if it fell into the wrong hands
• Some clients demand non-disclosure agreements
• Secure logins for all electronic devices
• Data protection officer appointed and all individuals have responsibility to implement.

Question 114

What are the key skills required for effective teamworking?

Answer 114

• Listening
• Encouraging discussion
• Powers of persuasion
• Respect
• Encouraging teamwork
• Sharing information
• Ensuring everyone participates
• Effective communication
• Reflection
• Identifying strengths and weaknesses

Question 115

How do you ensure you manage meetings effectively?

Answer 115

• I plan them, thinking about what you want to get out of it beforehand and prepare so aims can be met. I produce an agenda well in advance to ensure all attendees can prepare. During the meeting I try to keep the structure of the agenda. If we go off topic on to a relevant issue that needs to be discussed I will allow that to happen, but will bring it back to the agenda. I like to reach a resolution or agree a next step for each item of discussion and always ensure timescales are agreed. I allow everyone the chance to have their say, but will ensure it is not repetitious.

Question 116

What is Tuckman’s Theory?

Answer 116

• Bruce Tuckman (1965) focused on how a team tackles a task
• Originally consisted of 4 phases of development, but a fifth was added later.
  o Start: Little agreement, unclear purpose, guidance and direction
  o Forming: Conflict, increased clarity of purpose, power struggles, coaching
  o Storming: Agreement and consensus, clear roles and responsibility, facilitation
  o Norming: Clear vision and purpose, focus on goal achievement, delegation
  o Performing: Task completion, good feeling about achievements, recognition: Adjourning

Question 117

What is Herzberg’s Theory?

Answer 117

• Frederick Herzberg (1959)
• Two factor motivational theory
• Workers are motivated to work harder through motivators such as empowerment, job enlargement and job enrichment.
• Workers can be demotivated if hygiene factors are not met, such as pay, relationships, working conditions.

Question 118

Name an example of when you have had to show leadership qualities.

Answer 118

• When chairing progress meetings during projects. For instance, on a project in Reading, I had to manage the meeting, ensuring all relevant issues raised were addressed and discussed, ensuring that all parties were able to contribute to the meeting. On occasions when the client was not present.
• When working as part of a team, I have showed leadership qualities, by coordinating with colleagues from other teams to ensure that our reports are issued on time. For instance on a dilapidations inspection of a large office building in central London, a number of building surveyors were involved, as well as members of our in-house M&E team and external consultants. I coordinated with each on a regular basis, and held catch up meetings to ensure that all parties were working on the same assumptions, and that their contributions would be ready for merging into the main report within the timeframe required. I then reviewed all of the works once they had been merged to ensure consistency and any errors before issuing this over to my senior colleagues for quality assurance purposes.
• Managing junior members of staff on site. For instance, I have managed an apprentice during a dilapidations inspection, showing them how to carry out the inspection and uphold health and safety on site.

Question 119

Consider examples if projects you have worked on where you considered have involved a good and a bad team.

Answer 119

• During an eight week expert witness inspection of a hotel in central London, I worked alongside several colleagues, including senior surveyors and the innovation team who were both office based. There were also several surveyors working as a team on site, collaborating closely with the hotel manager and staff to allow access to every area of the hotel. This involved a great deal of collaboration and cooperation to ensure that we could carry out our inspection with the least intrusion possible. We shared a common goal and worked together to achieve this.
• I have also worked on a week long inspection of a hospital to undertake a Schedule of Condition. We needed to access all areas, but there was a lack of communication with senior managers and the staff on site, and they were uncooperative, making it difficult for us to access all areas. This meant that it took a lot longer to inspect the site, and involved several phone calls to persuade more cooperation. This meant that the job was overbudget.

Question 120

What does a good team look like?

Answer 120

• It would involve collaborative working, cooperation with each other, maintaining effective lines of communication and responsibility, with the aims of achieving the client’s objectives at the forefront of the team philosophy.

Question 121

What does a bad team look like?

Answer 121

• It would involve people looking after their own interests, be uncooperative, and trying to apportion blame to the other party as much as possible whenever a problem arises.

Question 122

Give me an example of your teamwork skills.

Answer 122

• On a TDD inspection of an industrial estate in London, I worked with a drone surveyor, measured surveys, M&E engineers, the ESG team, RCA team and measured surveys to produce a report for the client. This involved members from various offices across the country, and it was necessary to schedule in meetings and catch ups so that we could coordinate effectively to ensure the initial report was accurate before each individual element of the full report was completed. This enabled us to work as one team and produce effective results that the client was pleased with.

Question 123

What skills are required for effective teamwork?

Answer 123

• Listening to others
• Discussing ideas with others
• Participating with all team members
• Communication
• Respecting others

Question 124

What skills have you developed as a professional person?

Answer 124

• Working and dealing with various types of people of different organisational position and with different attitudes, outlooks and personalities
• Developed communication, presentation and reporting skills
• Working in a professional and timely manner to meet deadlines.

Question 125

What is RICS’ motto?

Answer 125

• Est Modus in Rebus (There is measure in all things)

Question 126

What is the RICS’ method statement?

Answer 126

• To qualify and equip our professionals to the highest level
• To promote and enforce standards
• To lead solutions to the major challenges facing the built environment through professional expertise.

Question 127

When was RICS founded?

Answer 127

• 1868

Question 128

What is the structure of the RICS?

Answer 128

• Present structure created by Agenda for Change in 1998 to meet needs of international member base.
• Royal Charter granted by the Privy Council
• Profession is self-regulated, internally monitored and inspected. Not regulated by government.
• Bye-laws set out the governance of the institution
  o Bye law 1 – Application and definitions
  o Bye law 2 – Membership and registration
  o Bye law 3 – Designations
  o Bye law 4 – Contributions to funds
  o Bye law 5 – Conduct
  o Bye law 6 – Governing Council, officers and staff
  o Bye law 7 – Subordinate boards, committees and groups
  o Bye law 8 – Procedure for general meetings
  o Bye law 9 – Accounts and audit
  o Bye law 10 – General
• Governing Council manage and agree strategy for RICS
• Regulatory board, audit committee and management board beneath Governing Council.

Question 129

What are the RICS’ 5 principles of better regulation?

Answer 129

• Proportionality
• Accountability
• Consistency
• Targeting
• Transparency

Question 130

What is the difference between RICS ethics and rules?

Answer 130

• Ethics are a set of moral values while rules of conduct are a framework that we work to.

Question 131

How many rules of conduct are there?

Answer 131

• 5

Question 132

What are the RICS’ new Rules of Conduct?

Answer 132

-	1 – Members and firms must be: (HIPO)
o	Honest
o	Act with Integrity
o	Comply with professional obligations, including obligations to RICS 
-	2 – Members and firms must: (CC)
o	Maintain their professional competence
o	Ensure that services are provided by competent individuals who have the necessary expertise
-	3 – Members and firms must provide good quality and diligent service (QS)
-	4 – Members and firms must: (RDI)
o	Treat others with respect
o	Encourage diversity and inclusion
-	5 – Members and firms must: (PIRHC)
o	Act in the public interest
o	Take responsibility for their actions
o	Act to prevent harm
o	Maintain public confidence in the profession

Question 133

When were the new Rules of Conduct introduced?

Answer 133

• October 2021, but effective from February 2022.

Question 134

Why does the RICS have Rules of Conduct?

Answer 134

• To provide a framework we can all work to and so the client knowns they are getting a set level of service.
• They are mandatory standards of professional conduct and practice expected of all RICS members, candidates, students and regulated firms.
• Important tool for the institution, but also a useful professional guide for individual institution members.

Question 135

What do the new Rules of Conduct replace?

Answer 135

• Rules of Conducts for Members
• Rules of Conduct for firms
• Global professional and ethical standards

Question 136

What are the RICS’ mandatory professional obligations for members?

Answer 136

• Members must comply with the CPD requirements set by RICS
• Members must cooperate with RICS
• Members must promptly provide all information reasonably requested by the Standards and Regulation Board or those exercising delegated authority on its behalf.

Question 137

What are the RICS’ mandatory obligations for RICS regulated firms?

Answer 137

• Firms must publish a complaints handling procedure, including ADR resolution provider approved by RICS and maintain a complaints log
• Firms must ensure all previous and current professional work is covered by adequate and appropriate PII cover that meets the standard approved by RICS.
• Firms with a sole principal must make appropriate arrangements for their professional work to continue in the event of their incapacity, death, absence of inability to work.
• Firms must cooperate with RICS
• Firms must promptly provide all information reasonably requested by the Standards and Regulation Board or those exercising delegated authority on its behalf.
• Firms must display on their business literature, in accordance with RICS’ published policy on designations, a designation to denote that they are regulated by RICS
• Firms must report to RICS any matter that they are required to report under the Rules for the Registration of Firms.

Question 138

Your brother in law is a chartered surveyor. You find out that he is working outside the RICS Rules of Conduct. What do you do?

Answer 138

• I would verify the facts and confront him, reminding him of his duty as a member of RICS.
• I would inform RICS, specifying my relationship to the person and any corrective action that I believe my brother in law has committed to put in place.

Question 139

In the case of a breach of a rule of conduct, what is the procedure?

Answer 139

• Not every shortcoming will necessarily give rise to proceedings.
• A formal investigation by the Head of Regulation of the RICS is the first step in the process
• The RICS can request information and/or visit and inspect to investigate compliance .
• Members must cooperate with all enquiries.

Question 140

How can a disciplinary proceeding be triggered?

Answer 140

• Someone complaining to the RICS
• An allegation by a third party or client
• Information received or established by the RICS

Question 141

What three actions can be imposed after the end of the investigation stage?

Answer 141

• Fixed penalty (administrative fine/caution)
• Regulatory Compliance order (post 2019)
• Consent order (pre-2019)
• Disciplinary panel ( referral to the disciplinary panel)

Question 142

When are fines applicable in disciplinary procedures?

Answer 142

• It is used for minor breaches, such as failure to provide the RICS with required information (annual returns, CPD log) listed in Appendix A of the Rules of Conduct.
• For continued non-compliance a further notice may be issued and the fine is increased.
• Appeals can be made against them within 28 days.

Question 143

What are Regulatory compliance orders?

Answer 143

• Member agrees they are liable for disciplinary action –
  o accepts they have fallen short of standard
  o accept proposed sanction and in some cases take steps to meet standards expected and prevent reoccurrence
  o They contain one or more from:
   Caution
   Reprimand
   requirement of future conduct
   steps taken to avoid reoccurrence
   conditions on continued membership
   conditions on member’s registration for regulation
   requirement to pay £2,000 per breach)

Question 144

When is a disciplinary panel applicable?

Answer 144

• Used for more serious breaches of conduct
• The panel will usually be held in public
• Burden of proof on RICS
• Balance of probabilities

Question 145

What sort of breaches would expulsion be suitable for?

Answer 145

• Gross, persistent or wilful failure to comply with an RICS rule of conduct e.g. fraud, dishonesty, conviction of a serious criminal offence, gross incompetence, deliberate discrimination, misappropriation of client’s funds.

Question 146

How are disciplinary breaches published?

Answer 146

• Disciplinary panel hearings are published on the website 14 days before
• The decision is published in RICS business on the website and in local newspapers
• A list of the number of fixed penalties and consent orders/regulatory compliance orders issued during the previous quarter is placed on the RICS website for 12 months but does not name individuals or firms.

Question 147

What procedures must you follow if you are starting up a new practice?

Answer 147

• Contact RICS for guidance – provide a company starter pack
• Inform the RICS and register for regulation
• Appoint a contact officer for all RICS communication
• Prepare a complaints handling procedure
• Obtain PI cover
• Abide by the Rules of Conduct
• Use the designation ‘Regulated by RICS’ on all practice material

Question 148

Would you advertise your new company in the press?

Answer 148

• Yes, as long as it is in a trustful and responsible manner (rules of conduct)

Question 149

What insurances would you need if you were starting up your own firm?

Answer 149

• PII
• Employer’s liability insurance
• Public liability insurance
• Buildings insurance of own office
• Directors and officers cover

Question 150

Which firms are regulated by the RICS?

Answer 150

• Those with 50% or more partners/directors that are members of the RICS or those with less that have applied.

Question 151

What sort of information do registered firms have to send to the RICS annually?

Answer 151

• Annual return – done online.
• Failure to do so leads to a fixed penalty
• Type of business and staffing
• Nature of clients
• Training provision
• Complaints handling procedure details and records
• PI insurance details
• Whether the firm holds clients’ money.

Question 152

What are the money laundering regulations 2017?

Answer 152

• Covers money laundering, terrorist financing and the transfer of funds (information of the payer)
• • Requirement to undertake customer due diligence (sanction check) e.g. identify customer
• Keep records e.g. of due diligence checks for 5 years
• Maintain internal procedures to identify and prevent money laundering
• Report suspicious activity (SAR = Suspicious Authority Report)
• Report internally to a nominated money laundering reporting officer
• Report externally – strange transactions must be reported to the SOCA (Serious Organised Crime Agency). The nominated officer of the company reports using a SAR report.
• Train employees on internal procedures and legislative obligations
• Cash payments over €15k or £10k, disreputable firms
• Suspicion can be speculation or based on strange behaviours – uneconomic decisions.

Question 153

What is money laundering?

Answer 153

• Exchanging money or assets that were obtained criminally for other money/assets that are ‘clean’.
• Also means money to fund terrorism
• Money laundering applies to all regulated sectors.

Question 154

What is the Proceeds of Crime Act 2000?

Answer 154

• Applies to everyone and facilitates money laundering regulations, making it illegal to be involved in concealing or transferring criminal property.

Question 155

What is the Terrorism Act 2000?

Answer 155

• Makes it an offence if you have reasonable cause to suspect to be involved in financial activity involved in financing terrorism.
• Penalty up to 14 years.

Question 156

What are the rules around client’s money?

Answer 156

• Preserve the security of clients’ money which does not belong wholly to the company
• RICS regulated firms that operate a client account must:
  o Set clear segregation of duties for employees
  o Principal oversees the client accounting functions
  o Principals cannot override controls
  o Competent and knowledgeable staff to process clients’ money with cover provided for long term absence.
  o Accounting systems and data are secure
  o Client money must be kept separate and clearly identifiable (included ‘client’ in account name)
  o Client must always have access to funds
  o Agree the terms and advise the client on bank details
  o Interest on the account must be agreed with the client
  o Must not be overdrawn
  o Maintain client ledgers – provide running balance (important for general accounts)
  o Controls in place to keep funds secure
  o Locate and reimburse client
  o Funds held for 6 years (can be donated if never identified)
  o Reconcile items
  o Control over receipt of client’s money
  o Cash payments are avoided, but source of payment always recorded

Question 157

What are the different types of client accounts?

Answer 157

• General account – holds money for more than one client

- Discrete account – single named client

Question 158

What is negligence?

Answer 158

• A duty of care is owed to all clients and third parties using reasonable skill and care. If it is breached and there is a loss, then a claim for damages arises.

Question 159

What case law is there for negligence?

Answer 159

• Donoghue v Stevenson (1932) –
  o modern concept of negligence and duty of care.
  o Donoghue drank a bottle with a snail in it, manufacturer owed a duty of care which was breached
• Merrit v Babb (2001)
  o Surveyor sued for negligence by former client when firm’s PII cover was cancelled when firm became insolvent.
  o Highlighted the importance of run off cover.

Question 160

What is the Limitation Act 1980?

Answer 160

• In contract 6 (under hand) or 12 years (under deed)

- In tort – 6 years from when damage first occurred or 3 years from date of knowledge of damage

Question 161

What is the different between a professional statement and a guidance note?

Answer 161

• Professional statements contain mandatory requirements for RICS members/firms
• Guidance notes provide users with recommendations or an approach for accepted good practice.

Question 162

Name some RICS professional statements.

Answer 162

• Client money handling
• Conflicts of Interest
• Conflicts of Interest - UK commercial property market investment agency
• Countering Bribery and Corruption, Money Laundering and Terrorist Financing
• RICS property measurement

Question 163

Name some RICS guidance notes.

Answer 163

• Conflicts of Interest for members acting as dispute resolvers
• Complaints handling
• Conflict avoidance and dispute resolution in construction
• Dilapidations in England and Wales
• Design and Specification
• Surveying Safely - health and safety principles for property professionals
• Surveying assets in the built environment
• Reinstatement cost assessment of buildings
• Value management and value engineering
• Technical Due Diligence of commercial property

Question 164

What is the hierarchy of RICS documents?

Answer 164

• Rules of Conduct for members and firms
• International standards
• Professional statements
• Guidance Notes
• Codes of Practice
• Jurisdiction guide

Question 165

What quality assurance procedures are undertaken at your company?

Answer 165

• All reports produced are checked by the person completing it, then it undergoes a rigorous check by the project lead, a company director and is then formatted by an administrative team prior to issue.

Question 166

What must be included in a RICS regulated company’s complaints handling procedure?

Answer 166

• RICS provides a model form
• Must include a redress system
• Details should be issued to the client with the Terms & Conditions
• It must be clear, quick, transparent and impartial, and free of charge
• Names and contact details of the nominated investigating person must be stated
• The complaint must be investigated within 28 days
• All complaints, their progress and outcomes must be recorded
• Not the need to advise PI Insurers of a complaint
• Must have 2 stages as a minimum –
  o Consideration of the complaint by a senior member of the firm of the complaints handling officer
  o If not resolved, referred to an independent third party with the authority to award redress.

Question 167

What is the complaints handling procedure at your company?

Answer 167

• The complainant is invited to make a complaint in writing to our designated complaints handling officer (Alex Brown), who will acknowledge receipt within 7 days. He will investigate the complaint with all parties involved and advise the complainant of any action within 21 days.
• If the complaint is not resolved, this will be escalated to our Senior Director, who will have 14 days to find a resolution.
• Should this not resolve the issue, the matter will be referred to the Surveyor’s Arbitration Scheme.

Question 168

What is an independent redress scheme?

Answer 168

• Consumer scheme designed to handle small issues that would be disproportionately expensive to take to court. Each scheme has a financial limit.
• If the scheme judges in favour of the complainant, it is binding. If it judges in favour of the firm, the complainant can take it to court.
• RICS firms must specify which redress scheme they want to use – could be an ombudsmen, arbitration or adjudication.
• If the complaint relates to a large amount of money or if the complainant wishes so, he can take matters to court.
• Small claim court deals with claims below £5,000.

Question 169

What do you do if you receive a letter of complaint?

Answer 169

• I acknowledge receipt and forward it on to our designated complaints handling officer, as per our complaints handling procedure, providing additional information as required.
• I were a sole practitioner; I would inform the RICS if it warranted my complaint handling procedure and I would notify my PI insurer.

Question 170

What practices should you be following when handling client’s money?

Answer 170

• Separate designated bank accounts
• Advise the client that they must agree to the account handling terms in writing
• Monies must be available to clients on demand
• Interest is to be paid to clients unless otherwise agreed
• Signatories must be agreed, only authorised staff allowed and at least two required.
• A bank reconciliation must be undertaken at regular intervals
• All firms will be audited by RICS’ appointed accountants
• These firms are required to pay RICS an annual fee as monitoring costs

Question 171

What is the ‘Clients’ Money Protection Scheme’?

Answer 171

• Run by RICS
• Provides any member of the public to be reimbursed their direct loss of funds
• Provided through RICS’ insurance policy

Question 172

What are the continuous professional development (CPD) requirements?

Answer 172

• Since 2013 members must undertake and record appropriate lifelong learning and, on request, provide evidence that they have done so to maintain and improve levels of professional competence.
• Minimum 20 hours per calendar year, of which a minimum of 10 hours must be formal.
• Minimum 1 hour every 3 years of learning related to ethics/rules of conduct.
• All CPDs must be recorded in the new online management system

Question 173

What sort of CPD activities are included?

Answer 173

• Must have clear learning objectives, and be relevant to my role.
• Networking, team building, non-relevant charity work do not count.
• Formal – web based training with structured assessment, formal seminars, providing training to others where research and preparation is required.
• Informal – private reading, internal CPDs, shadowing/mentoring
• Must record type, date, subject area, number of hours, learning objective and outcome.
• RICS provides an online recording facility

Question 174

How do you keep up to date with topical issues?

Answer 174

• I read internal articles that provide updates on changes to policy and legislation.
• I also read the RICS journals (Modus, Built Environment, Construction Journal) that I receive every month and I have some less structured reading on various topics that I may find on the RICS website, Estates Gazette, Building Magazine or the web generally.
• My employer distributes frequent updates of the relevant updates in the press.
• Exchange of information with colleagues.
• RICS website.

Question 175

What is your CPD strategy?

Answer 175

• I meet with my manager every month to review my career development plan and objectives.
• I build my CPD strategy around these objectives, current topics and personal interests.

Question 176

What are ethics?

Answer 176

• The moral principles that govern a person’s behaviour or the conducting of an activity.
• When unsure, consider whether you would be happy for you actions to be publicly known and whether you could justify your actions if they were being challenged.

Question 177

What would you do if a contractor invites you to a football match?

Answer 177

• Politely decline. I would not want to accept any hospitality that may appear to reduce my impartiality.

Question 178

What would you do if a client invites you to a football match?

Answer 178

• Politely decline.

- If they are insistent, pay for your own costs.

Question 179

What would you do if a contractor offered to take you out for lunch?

Answer 179

• Politely decline. I would not want to accept any hospitality that may appear to reduce my impartiality.

Question 180

During an interim valuation, the contractor gave you a bottle of wine. What do you do?

Answer 180

• Politely refuse, as it could be seen to affect decisions.

Question 181

What do you do if a contractor offers you a crate/bottle of whisky/diary at Christmas?

Answer 181

• Kindly thank them, but decline the offer. Acceptance would be against professional conduct.
• May be acceptable to receive gifts of low value or for marketing purposes, and hospitality received in the course of a business meeting that can be reciprocated like a working lunch. Anything that affects professional opinion is not acceptable.

Question 182

The client says thank you for a great job. I am taking the whole project team out for dinner – do you go?

Answer 182

• If the project is complete and everything has been agreed, I would accept, but would offer to contribute to the cost.

Question 183

Assuming you were successful in getting chartered, how would you deal with a situation, such as a friend who asks you to provide them with building surveying advice?

Answer 183

• I could not offer advice on my own without PI Insurance.
• If I did have my own PI insurance I would ensure all information given was subject to the thorough checking process given to all information prior to issue, regardless of who it was to.
• Inform them that they can contact you during working hours to discuss T&Cs of appointment.
• If you are not comfortable acting for them, advise them to use the RICS ‘Find A Surveyor’ scheme.
• Adhere to Rules of Conduct.

Question 184

How would the advice you provided to a friend change if you did the work in your own time?

Answer 184

• It would not.

Question 185

A junior surveyor working in your team incorrectly over certifies on an interim valuation – what do you do?

Answer 185

• Check the facts and find out if it is actually over-certified.
• Check if the valuation has been processed
• Withdraw and re-certify if not.
• If already certified, explain to the parties and rectify at the next interim payment
• Ensure things are in place to ensure this does not happen again.

Question 186

What steps should you take if there is a conflict of two clients represented by the same firm?

Answer 186

• Disclose to each client the possibility, nature and circumstances of the conflict in writing.
• Inform them that you cannot continue to act for them unless both parties agree.
• Obtain written confirmation from both that you can act.

Question 187

What measures could be taken to protect commercially sensitive information?

Answer 187

• Exclusivity of staff working for each of the clients, including support teams.
• Staff confidentiality strictly enforced
• Physical separation of staff
• Security of stored documentation, including locked filing cabinets, etc.

Question 188

What steps should be taken if there is a personal conflict? How do you deal with conflicts of interest?

Answer 188

• Disclose the relevant facts promptly in writing, including if you are receiving any remuneration over and above your fee.

Question 189

Who do you owe a duty of care to?

Answer 189

• Your client.

Question 190

What is the purpose of Professional Indemnity Insurance?

Answer 190

• To provide financial cover in the event that a client suffers financial loss as a result of a breach of professional duty e.g. negligence, error or omission

Question 191

What benefits does PII provide for the professional?

Answer 191

• The professional is protected from financial loss

- Does not have to meet the claim from their own assets and resources

Question 192

What benefits does PII provide for the client?

Answer 192

• Can recover their financial loss.

Question 193

On what basis is PII underwritten in the UK?

Answer 193

• On a claims made basis

Question 194

What does ‘on a claims made basis’ mean in terms of PII?

Answer 194

• It is the insurance policy that is in place at the time the breach is discovered that is claimed under, not the insurance policy in place when the breach was made.

Question 195

What is the significance of Merrett v Babb?

Answer 195

• Considered if a professional employer was vulnerable to claims brought directly against them for advice given on behalf of their employers.
• Highlights the importance of run off cover
• Professional individuals and firms must ensure that run off cover is in place after they leave their firm’s employment or a firm ceases trading.
• Individuals should ensure that their ex-company keeps this up on their behalf.

Question 196

How long should run off PII cover be in place?

Answer 196

• Depends on the type of contracts the professional has been involved with.
• Usually 6 years if executed under hand or 12 years if executed under deed.

Question 197

What are the requirements regarding PII by the RICS?

Answer 197

• Must be made on an ‘each and every’ claims basis.
• Provides for minimum wording
• Sets out minimum levels of indemnity
• Sets out maximum levels of uninsured excess
• Run off cover must be in place for at least 6 years.
• Should include cover for past and present employees, directors and partners.

Question 198

What are the minimum levels of professional indemnity cover? How do you determine the level of PI cover?

Answer 198

• Depends on the firm’s turnover
  o Firm’s turnover in preceding year –
   £100,000 or less - £250,000 minimum PII cover
   £100,001-£200,000 - £500,000 minimum PII cover
   £200,001 and above – £1m minimum PII cover
• If a new company, this should be based on projected turnover.
• To manage risk adequately some firms may wish to hold a higher level of indemnity.
• All RICS firms that conduct general insurance distribution work are also required to be registered with the Financial Conduct Authority or RICS’ Designated Professional Body Scheme and follow the below minimum PII requirements:
  o Limit of indemnity equivalent to at least €1,250,000 for each and every claim and at least €1,850,000 in the annual aggregate. Must cover for activities into and out of territories outside of the UK.

Question 199

What is the maximum level of uninsured excess for a PII claim (part of each claim the firm must pay itself)?

Answer 199

• Firms with £10m or less turnover the preceding year – greater of £10k or or 2.5% pf sum insured
• Firms with £10m+ turnover the preceding year – No limit set

Question 200

What if the loss exceeds the cover provided by PI insurance?

Answer 200

• The professional/firm is liable for the difference – in assets, etc.

Question 201

What are the fire safety exclusions relating to PII?

Answer 201

• Insurers may impose a fire safety exclusion, but from 1 may 2021 any exclusion will not apply to professional work relating to buildings four storey or under.

Question 202

What measures should be taken to try and avoid PI claims?

Answer 202

• Keep full and detailed records of meetings, conversations, etc.
• Record recommendations and advice given
• Use proper letters of engagement, scope of services and T&Cs
• Don’t advise on a specialism outside your field of experience
• Use RICS guidelines
• Avoid poor management and excessive workloads

Question 203

If you made a mistake in your cost plan, what would your insurance company expect?

Answer 203

• For you to notify them and comply with any conditions/procedures set out in the insurance policy.

Question 204

Are you familiar with the term ‘limit of liability’ and where would it be used?

Answer 204

• Limit of liability is used to place a cap on the level of exposure a business signs up to.
• In the aggregate, this means as a maximum, after many different claims
• If cover is for each an every claim, it is that level for each claim.
• Anything not covered by PI insurance can be gone after so assets could be at risk. As such companies try and place a limit of exposure.

Question 205

How can you limit your liability when agreeing terms of appointment with a client?

Answer 205

• Reasonable care and skill rather than fitness for purpose.
• If the client’s requirements are performance based, this may imply fitness for purpose. Request a clause limiting liability to reasonable care and skill.
• Run off cover – sign contract under hand whenever possible.
• Request a net contribution clause – be aware that some PII policies are not valid without such a clause.

Question 206

If you put together a fee proposal, but a couple of months into the job you realise that you have under-forecasted your resources, would you go back to the client to ask for more money?

Answer 206

• If project requirement (services, scope, value) have increased, then I would go back to the client for more fees
• But if remained the same, it is a mistake so deal with it and get it right next time.
• Do not reduce the level of service you originally offered.

Question 207

Once you and your client agreed the services to be provided verbally, what would you do next?

Answer 207

• Follow up with a letter which included the terms and conditions, fees and scope of services in writing.

Question 208

If a client was prepared to pay you in advance for services you were providing, how would you ensure this was dealt with?

Answer 208

• Set up a separate client account that is properly named and clearly identifiable.
• Provide the client with a statement of account
• Inform and agree drawdowns.
• Prior to drawing monies, send a statement of how much is to be withdrawn and what services and associated fees are made up of. Send updated statements of account.
• Once complete, show a final statement, ensure everything is complete and transparent.

Question 209

If a client came back to you and asked you to adjust your fees, what would you do?

Answer 209

• I can only lower my price if I reduce the scope of services, which may not be in the potential client’s interest.

Question 210

The employer likes your fee, and says he has 2 other projects with fees from Chartered BS’s that are lower than yours. If you knock a bit off, they are both yours – what do you do?

Answer 210

• I explain to them that this is against the ethical principles of competition.

Question 211

A director asks you to submit a fee proposal, but says you are to calculate the fees and deduct 10%. What should you do?

Answer 211

• I would strongly recommend against it, as I would either have to sacrifice the level of the service or profit at a later stage, which is unacceptable.

Question 212

A director says that you have spent all of the fees on a job, the final accounts are still to be agreed and some areas are still to be re-measured according to the contractor, what should you do?

Answer 212

• I do not lower my levels of service
• I investigate why all the fees have been spent
• If it is an error in our fee calculation, I put in place measures to ensure that it does not happen again.
• If it is because we have provided additional services, I give all of the details to the director to prepare a claim for additional fees.
• I ensure that I keep track of fee spending and all works not included in our scope of services.

Question 213

Who is the chair of the governing council?

Answer 213

• Nicholas Maclean (interim)

Question 214

Who is the CEO of the RICS?

Answer 214

• Richard Collins (interim)

Question 215

Who is the RICS President?

Answer 215

• Clement Lau
• Ann Gray (President elect)
• Tina Paillet (Senior Vice President)

Question 216

What requirements are there for RICS regulated firms in relation to client confidentiality?

Answer 216

• RICS members and regulated firms must maintain confidentiality of confidential information unless disclosure is required of permitted by law, or the RICS member or regulated firm can demonstrate that the relevant party consented to the disclosure before it was made.

Question 217

What is an information barrier?

Answer 217

• A physical/electronic separation of individuals/groups of individuals within the same firm that prevents confidential information passing between them. (Chinese Wall)

Question 218

What types of documents does RICS publish?

Answer 218

• RICS Rules of Conduct (standards of professional conduct/practice expected of members/firms registered for regulation by RICS)
• International standard (high level standard in collaboration with other relevant bodies)
• RICS Professional Statement (mandatory requirements for RICS members and RICS regulated firms)
• RICS Guidance Note (document that provides users recommendations or an approach for accepted good practice as followed by competent/conscientious practitioners).
• RICS’ Code of Practice (document developed in collaboration with other professional bodies/stakeholders that will have the status of a professional statement or guidance note)
• RICS Jurisdiction Guide (relevant local market information associated with an RICS international standard or RICS professional statement)

Question 219

What preventive measures are in place to check for conflicts of interest at your firm?

Answer 219

• All reasonable steps are taken to ensure conflicts of interest do not arise.
• We will only act with the informed consent of the affected parties.
• We take reasonable steps to identify direct interests of out directors, employees and their close relatives and ensure they do not undertake any work that conflicts with those interests.
• We will not disclose out client’s confidential information unless required to do so by law or other authority.
• We keep records of decisions made in relation of whether to accept/continue with individual professional assignments, the obtaining informed consent, and any measures taken to avoid conflicts of interest arising.
• STEPS
  o Initial checks – address checked against project records to identify other projects in the same location (not failsafe as it depends on information in the system); project lead checks potential project conflicts. Additional checks needed for specific services e.g. neighbourly matters.
  o RICS conflict checks – Project lead checks party conflicts, own interest conflicts, confidential information conflicts or relationship conflicts. If in doubt refer to FAQs, legal check group
   Relationship conflicts more common – potential for relationship damage to another client, even if we are not instructed by them. Matter should be referred to project director for discussion with primary contact and a decision should be made as to whether to accept/decline instruction.
  o A conflict decision chart is used where you are unsure.

Question 220

What action should you take if you identify a potential conflict of interest?

Answer 220

• Be open and transparent.
• Declare it to all parties.
• Offer to stand down from acting (parties consider how to proceed)
• Step away from the instruction.

Question 221

What is the role of the RICS?

Answer 221

• Regulates property professionals and surveyors
• Provides education and training standards
• Protects consumers with codes of practice
• Provides expertise in matters involving fixed assets.

Question 222

What is the governing council?

Answer 222

• Chaired by president and includes worldwide members
• Meets yearly
• Includes members from 17 groups that meet 3x per year.
• Discuss ethics, marketing, research, ADR
• Council delegates key decisions to be made to the Management Board
• Reports on initiatives and sets high level strategy reports.

Question 223

What is the aim of the RICS?

Answer 223

• Create uniform construction excellence throughout the world
• Currently operates in 146 countries

Question 224

How would your life change if you became chartered?

Answer 224

• Recognition of competence and allow me to progress my career - gold standard.
• Continue to act as previously in how I conduct myself, but also know that I am accredited.
• Aid colleagues and others to become chartered.

Question 225

What is the RICS matrics?

Answer 225

• Supports new members entering the profession, as well as working with RICS to shape the future of the profession.
• For students, trainees, and those with less than 10 years PQE
• Provides support and networking opportunities

Question 226

What is the RICS lionheart?

Answer 226

• Benevolent fund for past and present members and their families
• Charitable company
• Relies on donations and fundraisers
• Advice and info for members suffering bereavement, accident, ill health etc.
• Can help financially

Question 227

What do professional ethics do?

Answer 227

• Promote professional standards
• Ensure consistency and clarity
• Anchor appropriate behaviour

Question 228

What are RICS members expected to do?

Answer 228

• Meet high entry standards, then apply technical standards
• Undertake CPD
  comply with rules and follow rules of conduct
• Need the whole package – technical and ethical

Question 229

Why is it important to meet RICS’ Rules of conduct?

Answer 229

• Viewed by the public
• Must uphold professionalism of industry expected of public
• Think about industry view and not just a person.

Question 230

What are the RICS Rules of conduct?

Answer 230

• Mandatory
• Applies to all (students, trainees, firms)
• Supported by policy statement
• Covers ethical, professional and conduct of business standard
• Create a streamlined set of standards to guide member behaviour.

Question 231

What is a conflict of interest?

Answer 231

• Something impeding or perceived to impede firms’ ability to act impartially and in the best interest of a client.
• Casts doubts on integrity.

Question 232

What is the key issue with conflicts of interest?

Answer 232

• Is your partiality impaired?

Question 233

Do you have to step away when a conflict of interest arises?

Answer 233

• Manage it
• Give parties all facts
• You must feel comfortable
• Get written confirmation that okay to proceed
• Senior member to decide and put procedure in place

Question 234

What can you use to assist in your decision making relating to ethics?

Answer 234

• RICS decision tree (legal? In line with standards? Reasoning? What if made public?)
• If you answer no to any, don’t proceed with instruction

Question 235

What is a relationship built on between a client and surveyor?

Answer 235

• Trust
• Ethical standards/Rules of Conduct
• Providing confidence to the public

Question 236

What issues do you need to raise as a concern?

Answer 236

• It is required that all the below are reported as part of your duty as a member:
• Ethical and professional misconduct
• Not complying with firm policy
• Damage to the environment
• Abuse
• H&S risk
• Poor service

Question 237

How would you take action against breaches of the rules of conduct?

Answer 237

• Gather facts
• Speak to others
• If still concerned, raise formally with manager or other RICS member
• Make decision and take forward
• Can use the decision tree
• If something not right, question it and raise concern with manager, firm or RICS.

Question 238

What are you governed by as a surveyor?

Answer 238

• New Rules of Conduct document

- Decisions made by the Standards and Regulatory Board

Question 239

What do the rules of conduct do?

Answer 239

• Give conduct and practice expected of members and firms.

Question 240

What happens if you do not follow the rules of conduct?

Answer 240

• Can give rise to disciplinary proceedings

- Member will be asked to justify steps.

Question 241

How do you ensure that you follow the RICS Rules of Conduct?

Answer 241

• Ensure I act within the rules of conduct
• Complete CPD
• Provide a timely service
• Cooperate with RICS
• Communicate with others
• Provide all information requested by RICS’ Standards and Regulatory Board

Question 242

What must be in place if a firm ceases to trade?

Answer 242

• Complaints handling procedure
• Clients’ money handling procedure (must be in a protected account)
• PII – maintain runoff cover

Question 243

What sort of account should clients’ money be in?

Answer 243

• Separate account from that of the company
• Be available on demand
• Correctly title and include name of firm and client

Question 244

What system should be in place to manage client’s money?

Answer 244

• Spent/received
• Running balance
• Send receipts
• Accounting records
• Overdrawn balances
• Authorisation procedure from client

Question 245

What is clients’ money?

Answer 245

• Money received by a firm, in the course of business operations which does not belong to anybody within the firm

Question 246

What is in place to protect a client’s money?

Answer 246

• Clients’ money protection scheme
• RICS scheme may reimburse for direct loss if it finds regulated firm defaulted
• Cover is £50k
• Protects public
• Claims to be notified to RICS

Question 247

What do you need to do to set up a firm?

Answer 247

• Download a form and complete it
• PII
• Pay fee for registering if handling clients’ money
• Client money obligations and system for managing this
• Complaints handling procedure
• Staff development and training
• Regulated by RICS (firms with 50% chartered surveyors)

Question 248

What statutory requirements are required when setting up a firm?

Answer 248

• Business Names Act 1985 – Companies Act 2000
• Consumer Credit Act 1974
• Financial Services and Marketing Act 2000
• Data Protection Act 2018 (when holding info on individuals, need to register and have a procedure for managing files)

Question 249

What are the rules for the registration of firms?

Answer 249

• A regulated firm must have a responsible principal
• Obligations of registration:
  o Comply with Rules of Conduct and these rules
  o Act in accordance with the obligations set out in the RICS’ Royal Charter and Bye-laws
  o Inform the Head of Regulation of any finding against it by any disciplinary or regulatory body, court or statutory authority
  o Inform Head of Regulation of any finding of insolvency against the firm
  o Notify the Head of Regulation within 7 days if there is a material change regarding the firm and provide full details.
  o Inform Head of Regulation if the firm is subject to:
   Any findings of dishonesty/fraud by any disciplinary or regulatory body, court or statutory authority
   Any findings of serious professional misconduct by a professional body that results in the firm being suspended/expelled from membership of that professional body
   Any other matter that is likely to cause substantial reputational harm to the firm/RICS’ reputation.

Question 250

Why do you have PII?

Answer 250

• Each and every claim basis cover
• Full civil liability wording
• Minimum level of indemnity based on firm turnover
• Runoff cover

Question 251

What limit does your firm have for PII?

Answer 251

• £2m, £5million, rising to £10m if open to a vast claim – must notify insurers

Question 252

What are the main points included within the RICS conflicts of interest professional statement?

Answer 252

• Should not accept work where there is a conflict of interest of risk of one, unless informed consent obtained
• Conflict checks must be undertaken
• Must maintain confidentiality of confidential information
• Effective systems must be in place to comply with this professional statement

Question 253

What are RICS’ ethics and rules of conduct?

Answer 253

• Ethics are the aspirational principles which influence judgement.
• The rules of conduct provides a framework for ethical decision making allowing members to exercise their professional judgement when applying them in practice.

Question 254

What RICS rule of conduct resonates with you the most, and why?

Answer 254

• Honest, act with integrity, comply with professional obligations, including those to RICS
  o Identify any potential conflicts of interest and action accordingly
• Maintain professional competence and ensure services are provided by competent individuals
  o Supervise junior members of staff when they are starting to allow them to build up knowledge and skills
• Members and firms must provide good quality and diligent service
  o Quality assurance processes
• Treat others with respect and encourage diversity and inclusion
  o When negotiating dilapidations claims, I always ensure I treat surveyors from other companies with courtesy and respect, and am open and communicate my position clearly.
• Act in the public interest, take responsibility for actions, act to prevent harm, and maintain public confidence in the profession.
  o Respond promptly, openly and professionally to any complaints.

Question 255

Give an example of a time you provided impartial advice to a client.

Answer 255

• During a project in Uxbridge, I valued the contractor’s works and provided my client with unbiased advice on the progress and condition of the work.

Question 256

How do you ensure that both parties’ positions are considered impartially when you undertake a dilapidations survey?

Answer 256

• I always refer closely to the lease, consider the position, type and condition of the property and aim to be fair and provide a balanced assessment. For instance, when inspecting an office unit in Ealing, I noted that the tenant had installed LED lighting to the premises. Rather than follow the contractual position, I would omit this item within the claim, as I would consider that in reality the landlord would not replace this lighting with old fluorescent fittings, and there would be no loss to the landlord.

Question 257

What is supersession in relation to a dilapidations claim?

Answer 257

• Supersession relates to instances where a landlord intends to undertake works to a building that would supersede the tenant’s need to remedy their breach.

Question 258

What does vacant possession mean in relation to dilapidations?

Answer 258

• The property should be empty of people, chattels and interests. Consider removing tenant’s fixtures that do not form part of the demised premises. If unsure of whether it is a chattel or fixture, remove it.

Question 259

Explain your understanding of Rule Number 1.

Answer 259

• Having reviewed the example behaviours in adhering to Rule 1, RICS members and firms should not allow themselves to be influenced improperly through the acceptance of work referrals, gifts or hospitality.
• Members and firms should also be sure to identify conflicts of interest and not provide services or advice where these conflicts of interest occur.
• This could be a scenario where you have reduced impartiality due to an existing relationship, for example, being friends with a main contractor who has subsequently been selected to submit a tender would form a conflict of interest.

Question 260

Why did the previous rules of conduct change?

Answer 260

• To provide a single document to enable greater clarity for members and firms
• Greater focus on clearer example behaviours, understanding evolving technology and tackling climate change.

Question 261

Why does the RICS have Rules of Conduct?

Answer 261

• To provide a framework that we can all work to and so the client knows he is getting a set level of service.
• As well as being an important tool for the institution, the Rules of Conduct are also a useful professional guide for individual institution members.

Question 262

Please give some examples of matters you may refer to the RICS decision tree in order to seek guidance.

Answer 262

• Receiving gifts in a professional capacity
• Equal opportunities
• Whistleblowing
• Copyright and ownership
• Conflicts of interest
• Charitable donations
• Attendance at hospitality events

Question 263

What steps would you need to take when setting up in practice?

Answer 263

-	Inform RICS
Appoint a contact officer
-	Register with RICS for Regulation
-	Arrange PI insurance
-	Set up a client account for handling client money
-	Set up a complaints handling procedure
-	Set up Staff training and CPD

Question 264

What steps must you take for the handling of clients money?

Answer 264

• Clients must always have access to funds
• Client money must be kept separate and clearly identifiable
• Include ‘client’ in account name
• Interest with the client must be agreed with the client
• Maintain client ledger or running balance of any transactions
• Agree the terms and advise client on bank details
• Must not be overdrawn

Question 265

What is the difference between formal and informal learning?

Answer 265

• Formal – web based training with structured assessments, formal seminars, providing training to others where research and preparation is required
• Informal – private reading, internal CPDs, shadowing, mentoring trainees

Question 266

How will you record your CPD and return this to RICS?

Answer 266

• There is a portal on the RICS website where CPD can be recorded
• Must record type, date, subject area, number of hours, learning objective and outcome

Question 267

If the client was insistent that you works for them despite an existing conflict of interest, how would you proceed?

Answer 267

• Check the client’s understanding around the conflict of interest
• Make them aware of the potential for reduced impartiality
• Seek a letter of instruction from the client to continue
• Talk through working procedures to manage the conflict of interest
• Agree this formally in writing with the client

Question 268

You have received a complaint that you have passed directly over to your complaints handling manager. How quickly should you inform your insurers?

Answer 268

• Immediately, to let them know that a potential claim exists.

Question 269

What are the main principles of the Bribery Act?

Answer 269

-	Offences – 
o	Making a bribe
o	Receiving a bribe
o	Bribery of a foreign public official
-	Applies to all UK entities
-	Includes associated persons
-	Six principles of prevention (defence in a courtroom)
o	Proportionate procedures
o	Top level commitment
o	Risk assessments
o	Due diligence
o	Communication
o	Monitoring and review

Question 270

Under the Bribery Act, under what circumstances is a facilitation payment permitted?

Answer 270

• The only circumstance in which it is okay to make a facilitation payment is when you are under duress i.e. there is a real and present risk of danger to life, limb or liberty.
• If you or your companions are under immediate physical threat
• You should put safety first, make the payment and report the matter immediately, or as soon as is practicable to your manager or your ethics/compliance/legal contact.

Question 271

You are attending a main contractor organised business conference where it is announced that you have randomly been selected as the winner of this month’s prize draw. It is an ipad air. How would you react in this scenario?

Answer 271

• I would be extremely uncomfortable accepting the prize in this scenario
• The prize is of a significant value and could be interpreted as a bribe
• Furthermore, due to working on a project with the main contractor at the time of this scenario, accepting the prize would have been highly inappropriate and could be interpreted as having an affect on my business conduct during the project
• I would respectfully decline the prize and suggest that it is made as a charitable donation to a charity of the main contractor’s choice.
• I am aware that bribes are commonly distributed as random prizes and due to the seriousness of this incident, I would report this to my line manager.

Question 272

You receive an invite to attend the theatre with some members of your project team, but they dropped out due to illness at the last minute. Would you still attend?

Answer 272

• In the first instance, I would declare this hospitality on my company’s gifts and hospitality register.
• Assuming the invite was approved and I was authorised to attend
• I would need to decline the invite due to the project team dropping out.
• Since they will not be present, this would no longer be a genuine business event.
• Consequently I would decline this hospitality at the project team’s expense

Question 273

You are bidding for a project and the client advises that if you reduce your fee by £3,000 you will be in first place and win the tender. How would you advise the client?

Answer 273

• Unfair competition
• Not treating the others with respect
• Not acting with integrity
• Unsustainable to undertake business in this manner (devaluing the profession)
• Avoid Dutch auctions as devaluing the profession
• You would need to reduce the scope to achieve the same margin, but may not provide a high standard of service?
• Could be interpreted as a bribe

Question 274

A client takes you out for lunch after a business meeting, where they continue to discuss business. The bill for the lunch comes to £200. What should you do now?

Answer 274

• This lunch had a legitimate business purpose, so it is fine to accept the hospitality
• The client should have considered how a £200 bill for a lunch could be perceived and have chosen a more modest restaurant
• Given the size of the bill, it must be declared on the hospitality register and I would make my line manager aware immediately afterwards.
• I would offer to reciprocate, but ensure that this is carried out in a more modest manner as the lavishness of the restaurant could be interpreted as inappropriate and disproportionate.

Question 275

How long should run off cover be in place for?

Answer 275

• Depends on the type of contracts the professional has been involved with.
• Usually 6 years if contract executed under hand
• Usually 12 years if contract executed as a deed
• Should be minimum limit of £1m in all for a period of 6 years for consumer claims and adequate provision for non-consumer claims.
• Run off pool insurance available if not offered by incumbent insurer

Question 276

Can you tell me which two of the rules of conduct resonate with you the most?

Answer 276

• 1. (honest, act with integrity and uphold your professional obligations, including those to the RICS)
     o Act ethically and impartially to ensure that you are offering a high level of service and are not influenced by any conflicts of interest and are not open to bribery.
• 2. Always providing a quality and diligent service
     o Ensuring that the services you are providing are of a good standard and where possible exceed a client’s expectations
     o Providing a good level of client care and customer service

Question 277

A newly appointed project manager working for your client’s organisation advises you that they are concerned about the terms their predecessors agreed with you. They state not to expect the same terms and advise that if you do not give a 20% discount, they will not renew your contract. How would you respond?

Answer 277

• Although this client manager is asking for a steep discount, it is more a matter of him trying to renegotiate contract terms with us, so this cannot be classed as a bribe.
• I would advise that we would consider offering hm a saving, but the level of service and resource would need to be reviewed in line with the reduction.
• Were the original fees considered as good value and a fair and reasonable sum, is this devaluing the profession?
• It may not be sustainable and in the client’s interest if I cannot provide a high standard of service
• A fee profile and resource schedule would need to be prepared to determine if the saving and adequate level of service can be offered.
• May need to decline if unable to offer the level of service required.

Question 278

Assuming you were successful in getting chartered, how would you deal with a situation such as a friend who asks you to provide them with BS advice?

Answer 278

• I could not offer advice on my own without PI insurance
• If I did have my own PI insurance, I would ensure that the information given was subject to the thorough checking process given to all information prior to issue, regardless of who it was to.
• Inform them that they can contact you during working hours to discuss T&Cs of appointment.
• If you are not comfortable acting for them, advise them to use the ‘Find the Surveyor’ scheme on the RICS website.
• Adhere to the Rules of Conduct

Question 279

Tell me how you have demonstrated two of the 5 Rules of Conduct on your case study project.

Answer 279

• Rule 3 – I ensured that I kept my client updated throughout the project, and where decisions needed to be made, laid these options out clearly and in a way they could understand. I then advised on the benefits and drawbacks of each approach, always taking my client’s requirements into consideration.
• Rule 1 – I ensured that I always acted impartially when undertaking valuations, and when administering the contract.
• Rule 3 – I aimed to exceed my client’s expectations by agreeing the final account ahead of the agreed deadline.
• Rule 5 – When undertaking a valuation, I approached the project manager after witnessing construction workers not wearing hard hats on site. – Taking responsibility.

Question 280

A tender is in progress for which you have submitted a bid. You get a call from the client who advises you that they are involved as a parent in a junior theatre group. The client says that they have read about your firm’s community initiatives and asks you to sponsor their annual performance. They say they are desperately short of funds and that they have donated money themselves. How would you advise the client in this scenario?

Answer 280

• The client may not be soliciting a bribe here
• Nevertheless as a tender is in progress, any sponsorship made could be perceived as an undue influence and a bribe
• In the first instance I would explain this to the client and decline to make a donation.
• To ensure transparency you would also report the request to your line manager
• Depending on advice from the senior management, it may be appropriate to escalate this to our firm’s whistleblowing policy.

Question 281

A contractor invites you to lunch at a restaurant and advises you that they’ve got 2 michelin stars and a wine list second to none. They say they are keen to discuss the details of their tender that they are about to submit for the project you are working on. How would you respond?

Answer 281

• Going to what sounds like a lavish lunch paid for by a bidder in the middle of a tender process if against company policy and could be an offence under the UK Bribery Act.
• If this were the first time it would be okay just to decline and explain that such an invitation is inappropriate
• However, if the supplier is persistent and there is red flag in that he wants to discuss things he cannot put in writing, we should report this infringement.
• Unfair competition
• Not acting with integrity or respectful to fellow contractors

Question 282

What is the purpose of the 5 principles of better regulation?

Answer 282

• RICS is self-regulated professional body that has a duty to the public interest
• They set out how the RICS regulates itself internally to maintain the highest standards of professionalism and integrity in the benefit of the public interest

Question 283

The partner says that you have spent all of the fees on the job, the final accounts are still to be agreed and some areas are still to be re-measured according to the contractor, what should you do?

Answer 283

• I do not lower my level of services
• I investigate why all the fees have been spent
• If it is an error in our fee calculation, I put in place measures to ensure that this does not happen again.
• If it is because we have provided additional services, I give all of the details to my director to prepare a claim for additional fees.
• I ensure that I keep track of fee spending and all of the works not included in our scope of service.

Question 284

Name some topics on which the RICS publishes help sheets and policy documents?

Answer 284

• CPD
• Handling clients’ money
• PI insurance requirements
• Complaints handling procedures
• Maintaining Rules of Conduct
• Procurement and tendering
• Cashflow forecasting

Question 285

Why is health and safety important?

Answer 285

• By protecting your workers, you reduce absences, ensuring your workplace is more efficient and productive. It protects you workers, visitors and customers.
• It is particularly important because the industry is prone to hazardous situations and can be dangerous at times. It plays a vital role in minimising the number of risks on a construction site and should be implemented at all times

Question 286

What types of PPE do you use in your role?

Answer 286

• Hard hat, site boots, gloves, protective glasses, rape alarm, high vis, welly boots, torches, harnesses, lanyards.

Question 287

What internal health and safety policies exist at your company?

Answer 287

• Driving, cycling, travel risk assessment – check licence, insurance, MOT annually
• Health and Safety Arrangements manual – legal duties, audit and compliance, fire, first aid, accident and good catch reporting, control of asbestos, CDM 2015, COSHH, DSE, Electricity at Work, Emergency procedures, lone working, PPE, RAMS, Training, Working at Height.
• Lone Working RA
• RA surveying equipment

Question 288

What is your company’s lone working policy?

Answer 288

• Include details of all lone working and travel in your work calendar
• Dedicated colleague in the office checks calendars daily and checks in if they have not heard from us.
• If not able to contact us, this is escalated to line manager, head of office, etc.
• Inform colleague when leaving site.

Question 289

What is your company’s travel policy?

Answer 289

• Book all travel through central booking system
• Travel by public transport/bike where possible
• Separate checks on drivers/own cars
• Details of conduct and risks.

Question 290

What is a risk assessment?

Answer 290

• The process of identifying what hazards exist, how they may cause harm and take steps to eliminate or mitigate against these where possible.

Question 291

What is included on a risk assessment?

Answer 291

• Identify the hazards
• Decide who may be harmed
• Evaluate the risks and decide on precautions/put control measures in place
• Record findings
• Review risk assessment and update if necessary

Question 292

What is your company’s working at height policy?

Answer 292

• Must be avoided if possible
• If it cannot be avoided then arrangements must be in place to prevent falls
• Additional risk assessment completed
• Only access roofs if it is safe to do so.

Question 293

What is the current legislation around health and safety?

Answer 293

• Health and Safety at Work etc. Act 1974
  o Workplace must be safe
  o Firms with 5+ employees must have a H&S policy statement
• Control of Substances Hazardous to Health 2002
  o Safeguard people using or coming into contact with substances hazardous to health.
• Six Pack regulations
  o Provision and Use of Work Equipment Regulations 1998
   Work equipment musty be suitable
  o Manual Handling Operations Regulations 1992
   Avoid need for manual handling that involves risk of danger/injury
  o Management of Health and Safety at Work Regulations 1999
   Requires employer to carry out risk assessment of hazards employees will face
  o Personal Protective Equipment at Work Regulations 1992
   Employer has duty to provide and maintain suitable equipment
  o Display Screen Equipment Regulations 1992
   Target reducing repetitive strain injury
  o Workplace (Health, Safety and Welfare) Regulations 1992
   Glazing must be fitted with safety materials where below shoulder height
   Provision of sanitary facilities
   Working at height

Question 294

What does the CDM Regulations 2015 cover?

Answer 294

• Construction (Design and Management) Regulations 2015
• Intended to ensure H&S issues are properly considered during a project’s development so that the risk of harm to those that have to build, use and maintain structures is reduced.
• Applies to all building and construction work
• Domestic clients are not generally required to carry out their duties, as these are typically passed to the other duty holders.

Question 295

What is the duty of the Principal Designer under CDM 2015?

Answer 295

• Plan, manage, monitor and coordinate H&S (pre-construction)
• Identify, eliminate or control foreseeable risks
• Ensure client and designers are aware of their duties and advise client on bringing together the Pre-Construction Information (PCI)
• Provide relevant information to the duty holders
• Liaise with the Principal Contractor in the planning management, monitoring and coordination of the construction phase.

Question 296

What are the duties of the client under CDM 2015?

Answer 296

• Appoint competent duty holders
• Allow sufficient time and resources
• Prepare and provide relevant information to duty holders
• Ensure principal designer and contractor carry out duties
• Ensure welfare facilities
• F10 notification
• Check H&S file prepared by PD
• Retain and provide access to the H&S file.

Question 297

What are the duties of the main contractor under CDM 2015?

Answer 297

• Plan, manage and monitor
• Prepare, issue, implement a CPP
• Share the plan
• Provide welfare
• Check competence
• Induct and train
• Consult with the workforce
• Liaise with the Principal Designer
• Secure the site
• Provide H&S file if PD appointment ended before project completion

Question 298

What are the duties of the Principal Designer under CDM 2015?

Answer 298

• Required where there is more than one contractor
• Plan, manage and monitor PCI
  o Take account of general principles of prevention
  o Ensuring designers carry out their duties
  o Liaise/cooperate with the PC and others
• Assist client in preparation of PCI
• H&S file

Question 299

How does the client evaluate the competency of the consultants?

Answer 299

• HSE’s Approved Code of Practice recommends 2 stages:
  o Stage 1 – assess the company’s H&S policy and general arrangements (or individual’s knowledge; CSCS card is a good indicator (Construction Skills Certificate Scheme)
  o Stage 2 – assess the company’s (or individual’s) experience and track record – verify that the company/individual understands the key project risks and how to tackle them.
  o key criteria – H&S policy, access to competent advice, training and information, monitoring, audit and review, accident reporting and enforcement actions, etc.
  o Use pre-qualification questionnaires on H&S information (Constructionline)

Question 300

What are the required skills of a Principal Designer?

Answer 300

• Very good interpersonal and communication skills
• Good understanding of H&S in construction, design process, design coordination and information required for others to carry out their works safely
• There may be more than one CDM-C in complex projects when client cannot find an individual with all of the required skills and experience
• HSE’s Approved Code of Practice recommends 2 stages of assessment.

Question 301

What professional bodies regulates Principal Designers?

Answer 301

NEBOSH Construction Certificate (National Examination Board of Occupational Safety and Health)

Question 302

What are the key implications of the CDM 2015 regulations?

Answer 302

• More focus on the client to put arrangements in place to ensure health and safety
• Clients can no longer assign their legal responsibilities to agents
• Must be a declaration of how long contractors will be given to plan and prepare for construction work
• Clients deemed the principal contractor or Principal Designer for any period during which other appointments are not made.

Question 303

What are the key implications of the CDM 2015 regulations on cost consultants?

Answer 303

• If they specify materials, working methods or prepare specifications they will be deemed designers.
• This means that they have to comply with the obligations for designers under the regulations.

Question 304

What would you usually find in the pre-construction information?

Answer 304

• Project description
• Client’s considerations and management requirements (hoarding, welfare facilities, traffic restrictions, permit to work, etc.)
• Environmental restrictions and existing on-site risks (site restrictions, previous H&S files, ground conditions, existing services, asbestos surveys, contamination, unsafe structures, etc)
• Significant design and construction hazards (design risk assessments, suggested method statements, arrangement for coordination post contract design work and changes).
• Health and safety file requirements.

Question 305

What would you find in the Construction Phase Plan?

Answer 305

• Project description
• Management of the works (site induction, training, communication, welfare facilities, design coordination, site rules, emergency procedures, etc.)
• Arrangements for controlling significant site risks (handling of deliveries, working at height, deep excavations, preventing falls, site segregation, maintenance of plant and equipment, removal of asbestos, reducing noise and vibrations, manual handling)
• Health and safety file proposals

Question 306

What would you find within the Health and Safety File?

Answer 306

• Only needs to contain H&S information that would be useful for the planning of future works or maintenance. The construction plan, building manual and contract docs are not useful here.
• A brief description of the works carried out.
• Any residual hazards which remain and how they have been dealt with (e.g. surveys or other information concerning asbestos; contaminated land; water bearing strata; buried services, etc.)
• Key construction principles (for example bracing, sources of substantial stored energy, including pre- or post-tensioned members) and safe working loads for floors and roofs, particularly where these may preclude placing scaffolding or heavy machinery there.
• Hazardous materials used (for example lead paint, special coatings which should not be burned off, etc.)
• Information regarding the removal of dismantling of installed plant and equipment (e.g. any special arrangements for lifting, order or other special instructions for dismantling, etc.)
• Health and Safety information about equipment provided for cleaning or maintaining the structure
• The nature, location and markings of significant services, including underground cables, gas supply equipment, fire fighting services, etc.
• Information and as-built buildings of the structure, its plant and equipment (for example, the means of safe access to and from service voids, fire doors and compartmentalisation, etc.)

Question 307

What does the Health and Safety at Work Act 1974 cover?

Answer 307

• It sets out the general duties which:
  o Employers have towards employees and members of the public
  o Employees have to themselves and to each other
  o Certain self employed have towards themselves and others

Question 308

What is RIDDOR?

Answer 308

• Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995
• Requires the ‘responsible person’ to notify of any death, reportable injury, disease or dangerous occurrence to the HSE (online or by phone for death and serious injury)
• Responsible person is the employer or, for the self-employed, the contractor or principal contractor.

Question 309

What incidents are reportable under RIDDOR?

Answer 309

• Death, major injuries (loss of consciousness, of limb) and injuries over 7 days (work related, must be reported within 15 days)
• Occupational diseases (listed in Sch. 3 of RIDDOR 1995)
• Dangerous occurrences (explosions, hazardous substances, structure collapse, collision, etc.)
• Gas incidents

Question 310

Who must report incidents under RIDDOR?

Answer 310

• ‘the responsible person’ – employer, person in charge of the site and self-employed
• Members of the public, injured people, staff, etc. should report incidents to the responsible person.
• They can contact the HSE if they are concerned it has not been reported, but they cannot report it themselves.

Question 311

What are the RIDDOR requirements?

Answer 311

• From 2012 only accidents resulting in incapacitation for more than 7 days must be reported, and employers will have 15 days to do so.
• Previously accidents resulting in incapacitation for more than 3 days had to be reported. The day of the accident is not counted.
• Accidents resulting in incapacitation for more than three days must still be recorded by the employer.

Question 312

How did Covid 19 affect construction projects?

Answer 312

• They were delayed due to Covid. Extra precautions were required on site to ensure contractors were following rules.
• Delays to delivery of materials.

Question 313

How should covid 19 be treated in a construction contract in relation to an extension of time application?

Answer 313

• Prior to it first occurring this should be treated as a force majeure as neither party could have contemplated it occurring beforehand, however, moving forward this would need to be considered and managed by the contractor and would not be deemed sufficient to warrant an EoT.

Question 314

What is Pre-Construction Information?

Answer 314

• Information in the client’s possession or which is reasonably obtainable by/on behalf of the client which is relevant to the construction work and is of an appropriate level of detail and proportionate to the risks involved, including information about the project, planning and management of the project, health and safety hazards, including design and construction hazards and information in any existing H&S file.

Question 315

What is the different between a risk and a hazard?

Answer 315

hazard is something that could potentially cause harm. The risk is the degree and likelihood that harm will be caused

Question 316

What is a Construction Phase Plan?

Answer 316

• A key document that details the H&S risks associated with the construction phase of the project and the control measures that will be implemented to minimise risks or where possible, eliminate them.
• It outlines ow the work will be completed safely and includes details of the project, the type of work, the team and emergency arrangements. It includes the health and safety aims for the project, the site rules, arrangements to ensure cooperation between project team members and coordination of their work, arrangements for involving workers, site induction, welfare facilities, fire and emergency procedures.

Question 317

What is an F10 notification?

Answer 317

• Used to notify HSE of the project.
• It should contain the address of the construction site, name of local authority, where the site is located, give a brief description of the project and the construction work it entails, provide contact details for the client, lead designer, CDM-C and Principal Contractor (if appointed), give an indication of the time allowed by the client for the PC to plan and prepare for the construction work, give planned date for start of work, duration of the construction phase, give the number of people at work on site at any one time and be signed by the client.

Question 318

When is an F10 notification required?

Answer 318

• An F10 notification is required where a project will be on site for 30 days and has at least 20 workers on site simultaneously or exceeds 500 person days.

Question 319

What is COSHH?

Answer 319

• Control of Substances Hazardous to Health (Regulations 2002)
• Aim to avoid exposure to hazardous substances, or if not possible, to control exposure by measures that are proportionate to the health risk (involves risk assessments)

Question 320

How many different types of asbestos survey are there?

Answer 320

• Management Survey – standard survey
  o Purpose to locate as far as is reasonably practicable the presence and extent of any suspect ACMs in the building
  o Often involve minor intrusive works and some disturbance
• Refurbishment and Demolition
  o Needed before any refurbishment or demolition work is carried out
  o Used to locate and describe as far as reasonably practicable all ACMs in the area where the refurbishment work will take place or in the whole building if demolition is planned.
  o Fully intrusive and will involve a destructive inspection as necessary to gain access to all areas, including those that may be difficult to reach.

Question 321

What are the regulations around asbestos?

Answer 321

• Control of Asbestos Regulations 2012
  o Asbestos which is contained in a safe manner can be left in-situ, but there is a duty to manage asbestos
  o Training is compulsory for workers engaged in asbestos removal
  o Asbestos removal can be licensable, notifiable non-licensed works (NNLW) or non-licensed.
  o By 2015 even workers engaged in non-licensed asbestos removal will have to be under medical surveillance at 3 year intervals, albeit not as strict than for those in licensed works.
  o For licensed and NNLW employers must keep individuals’ records of asbestos exposure.
  o Non-licensed = short exposure to asbestos in good condition
  o NNLW = short exposure to asbestos that may be slightly disturbed by the works (new 2012 category)

Question 322

What is the period of notification prior to any asbestos removal works?

Answer 322

• 14 days – to the HSE, LA or Office of Rail Regulations.

Question 323

What health and safety precautions do you take when going on site?

Answer 323

• Ensure that I have PPE and that I have had a site induction.

Question 324

Who do you inform that you are going to site?

Answer 324

• I keep records of all inspections in my work calendar and ensure I notify colleagues at work whenever I am lone working, following ‘lone working’ protocols.
• I always ensure that I sign in at the property or site.

Question 325

What does PPE stand for?

Answer 325

• Personal, Protective Equipment

Question 326

If you were to disregard all H&S and cause damage and/or injure yourself on site, who would be liable?

Answer 326

• My own employer, who would cover the cost for insurance.

Question 327

On the project you described in your case study, what measures did you or your company take to ensure good standard of health and safety when either undertaking your work or delivering the project?

Answer 327

• Preparing internal work risk assessments
• Wearing PPE on site
• Adhering to contractor’s site rules
• Attending site inductions
• Ensuring H&S was discussed at meetings
• Cooperating with the CDM coordinator
• Reporting visible risks (traffic management issues)

Question 328

Provide examples of advice you have provided on site in relation to H&S.

Answer 328

• Give advice on/take responsibility for H&S issues relating to the impact on design and construction (lack of design coordination)
• Alternative construction processes (reporting lack of site segregation with car park users in Woodley and requirement to install hoardings)
• Impact of design on occupation and maintenance (coordinating works around the post office workers – alterations to working hours to accommodate this)
• Undertaking risk assessments (Crawley – walking on roof/scaffolding)
• Current legislation (recommending appointment of Principal Designer on projects – Woodley, Gatwick)

Question 329

Looking at the mandatory competencies for health and safety, have you had experience of compiling a health and safety assessment?

Answer 329

• I have prepared and regularly update the health and safety risk assessment for projects I have worked on. For instance, I have updated risk assessments throughout the project in Uxbridge, and briefed colleagues before they went to site. I used a standard template as a starting point, but tailored it to the specifics of the specific project, including the main risks. These included, working from height, walking on fragile surfaces, uneven ground conditions, muddy and slippery ground, close proximity to a river, and moving vehicles and plant.

Question 330

What are the 5 steps to a risk assessment?

Answer 330

• 1 – identify hazards
• 2 – decide you may be harmed and how
• 3 – evaluate the risks and decide on precautions
• 4 – record your findings and implement them
• 5 – review your assessment and update if necessary

Question 331

What is the role of the HSE?

Answer 331

• Inspectors can visit site without notice, talk to workers, take pictures and samples
• Written or verbal information and advice
• Most inspections are planned to encourage good H&S practices
• Some inspections to respond to a complaint or follow up an investigation

Question 332

What sanctions can be imposed?

Answer 332

• An improvement notice requires a contravention to be remedied within a specified period (no less than 21 days)
• A prohibition notice is issued if there is, or is likely to be, a risk of serious personal injury and it requires an activity to be stopped immediately and cannot resume until remedial action is taken.
• Fines up to £20k and 1 year imprisonment by Magistrate’s Court
• Unlimited fines and up to 2 years imprisonment by Crown Court
• Death and serious injuries are investigated by the police and can lead to criminal law
• More serious penalties for corporate manslaughter
• Rv. F Howe and Son (Engineers) Ltd 1999 – set criteria that courts will consider in judging H&S cases.

Question 333

What is the Health and Safety at Work etc. Act 1974?

Answer 333

• Primary piece of legislation for H&S in the UK
• Established H&S Commission (research) and HSE (enforcement) – merged in 2008.
• Supported by many regulations and Approved Codes of Practice:
  o such as Management of Health and Safety at Work Regulations 1999 (requirement for risk assessments, safe systems of work, access to H&S advice, emergency procedures in place)
• excludes railway safety since 2006
• Objectives –
  o securing health, safety and welfare of persons at work
  o protecting persons other than persons at work against risks to H&S arising out of or in connection with the activities of the people at work
  o controlling the keeping and use of explosive/highly flammable or otherwise dangerous substances and generally preventing the unlawful acquisition possession and use of such substances
  o employers written H&S policy if more than 5 employees
  o access to H&S advice
  o risk assessments
  o provide safe place of work
  o assess rusks associated with display screens and workstations
  o providing training and information to staff
  o employer’s liability insurance
  o working hours
  o duty of reporting (RIDDOR)
  o lone working, young people, pregnant women, etc.
  o employees
  o as per own company’s policy

Question 334

What is your company’s H&S policy?

Answer 334

• Prevent work related injuries or illnesses
• Prevent damage to property/equipment from our activities
• Prevent adverse impacts to the environment from our ongoing projects/operations
• ISO 18001 certification (internal audits, H&S alerts/reporting/training, travel advice, check PPE, yearly Design Screen Equipment Survey)
• At staff level:
  o Take responsibility for safety and comply with safe systems of work
  o Act responsively – report incidents and near misses
  o Regular training refresher courses (online courses)
  o Risk assessments compulsory for all projects

Question 335

What is the RICS guidance?

Answer 335

• Surveying Safely
  o Summary of relevant legislation
  o Guidance on risk assessments
  o Section on places of work for property professionals which includes both offices and on-site
  o Occasional health (stress, bullying, alcohol and drug, manual handling, asbestos, noise, hazardous substances, work related diseases, pregnant women, duty to monitor health of employees)
• HSE has also published a similar guide ‘Health and Safety in Great Britain’ but it is more generic, not focused on construction.
• HSE five steps to Risk Assessment
• Managing H&S in construction – Approved Code of Practice (ACOP) 2007

Question 336

Is the building surveyor a designer under the new CDM regulations?

Answer 336

• Yes – anyone who prepared or specifies information in connection with the construction of a project is deemed a designer.
• As the BS prepares specifications then he is classed as a designer.

Question 337

What is an F10 and what does it contain?

Answer 337

• Form F10 is the notification issued to the HSE where a project is notifiable under CDM.
• Applicable where work is on site for at least 30 days and there are more than 20 workers simultaneously at any point or it exceeds 500 person days of construction work
• Contains location of the site, type and description of work, details for the Principal Designer, Principal Contractor, Designers, Client, duration for preparation and construction, start date, number of contractors, maximum number of personnel expected on site, signed by/on behalf of client, must be sent at least 48 hours before work begins.
• Responsibility of the Principal Designer to send it to the HSE
• Contractor must display F10 on the site noticeboard for all visitors/employees to see.

Question 338

Who signs the F10?

Answer 338

• Employer, principal contractor, principal designer identified. Employer or someone on his behalf signs the form.

Question 339

Do you normally include the Pre-Construction Information pack in the tender documents?

Answer 339

• Yes – its is notifiable under CDM.
• Requirement for an H&S plan within the tender documentation has been replaced by the requirement to include a PCI pack within the tender.
• No specific format stipulated by CDM Regs:
  o Project description
  o Client considerations and management requirements
  o Risk assessments for significant design and construction hazards
  o Welfare facilities
  o Existing site information/surveys.

Question 340

What is the Health and Safety File?

Answer 340

• Prepared and issued promptly following completion of the construction works containing information needed during future construction work (including cleaning, maintenance, alterations, refurbishments and demolition works) at the same site or structure.
• Essential for those parties involved in carrying out future works to alert them to any H&S risks that should be considered in the planning or carrying out of such works.
• Principal Designers must ensure that a file is prepared, reviewed, amended as necessary and issued to the client.
• Clients, Designers, Principal Contractors must supply all information that needs to be included in the file.
• Clients must ensure that H&S file is kept available to parties involved in future construction works at the same site.
• All parties – should ensure information for inclusion in H&S file should make sure that information is accurate, relevant and promptly provided.

Question 341

What should a H&S file include?

Answer 341

• Brief description of the work carried out
• Residual hazards and how they have been dealt with (surveys, information regarding asbestos, contaminated land, etc.)
• Key structural principles incorporated in the design of the structure and safe working loads of floors
• Any hazards associated with the materials used (special coatings which should not be burned off)
• Information regarding the removal or dismantling of installed plant and equipment
• Nature, location and markings of significant services, including underground cables and gas supply.

Question 342

What is the RICS Surveying Safely publication?

Answer 342

• RICS guide to personal safety at work.
• It covers:
  o General statement – employers/employees have a duty of care under law of tort towards those who may be affected by their actions
  o Safety of employees – actions that must be taken by employers – special duty of care towards young/trainees
  o Workplace – fire, first aid, dda (disability discrimination act)
  o Hazards and risk assessments (how will you manage them)
  o Visiting sites (PPE, lone working, access)
  o During site visits (key hazards, structures, roofs, contamination)
  o Safety of you and others – take reasonable care of your and others’ H&S
  o Legal duties – criminal liability – CDM, civil liability, tort
  o Case studies – Barber v Somerset CC – stress at work – off with stress, no support on return, retired and then awarded damages through the court.
  o Bilbao declaration – 2004 – improve H&S in construction

Question 343

Who is in charge of H&S on site?

Answer 343

• The Principal Contractor
• All owe a duty of care with regards to our own and others’ health, safety and welfare
• Client has ultimate responsibility for carrying out this role and ensuring the appropriate information is made available to all members of the team and competent persons are appointed.

Question 344

You walked on site for a valuation and found out that it is not safe. What do you do?

Answer 344

• Notify the client and HSE

Question 345

What would you do before, during and after visiting a construction site?

Answer 345

• Before – gain information about the site, undertake a risk assessment, obtain PPE, nature of work, access, conditions, notification of visit.
• During – wear PPE, review risk assessment, sign in, induction, emergency procedures, remain vigilant of hazards, walking routes, dangerous substances, site rules.
• After – sign out, lock vacant site, report any accidents

Question 346

What is the Considerate Contractors Scheme?

Answer 346

• CCS was set up in 1997 and is responsible for improving the image of construction, monitors all registers, sites and ensures best practice is carried out and promotes good working practices.
• Encourages contractors and their supply chain to implement best practice procedures for site operations and engagement with surrounding communities.

Question 347

What are the management of Health and Safety at Work Regulations 1999?

Answer 347

• Requires employees to carry out risk assessments, make arrangements to implement necessary measures, appoint competent people and arrange for appropriate information and training.

Question 348

Explain your understanding of the term HSE.

Answer 348

• Stands for Health and Safety Executive
• UK national authority for managing work related health, safety and illness issues.
• Acts in the public interest to reduce work related injuries and incidents
• Aim to protect people’s health and safety by ensuring that risks are properly managed.
• Support businesses to change and adapt in order to remain compliant with occupational health and safety legislation.

Question 349

What does the Beaufort Scale measure?

Answer 349

• Used to measure windspeed, which is important when working on site.

Question 350

When are visitors most likely to have an accident on a construction site?

Answer 350

• When they first arrive or start on a new site

Question 351

What should you do if you find an injured person on site?

Answer 351

• Assess the situation first without putting yourself in immediate danger
• Call the emergency services if serious
• Raise the alarm and call for help.

Question 352

Tell me about the important H&S legislation that you have regard to.

Answer 352

Tell me about the important H&S legislation that you have regard to.
- Building Regulations – a form of H&S legislation. Exist to ensure H&S of people in and around all types of buildings and provide for energy conservation and access to/use of buildings.
- Health & Safety at Work etc. Act 1974 – primary piece of legislation covering occupational H&S. HSE with local authorities responsible for enforcement.
o CDM 2015
o Control of Asbestos Regulations 2012
o Regulatory Reform (Fire Safety) Order 2005 + Fire Safety Act 2021 and Building Safety Bill 2022
o Fire Risk Assessment
o The Workplace (Health, Safety and Welfare) Regulations 1992
o Control of Substances Hazardous to Health (Amendment) Regulations 2004
o Personal Protective Equipment at Work Regulations 1992
o Work at Height Regulations 2005

Question 353

What do you do if you find asbestos in a building?

Answer 353

• If in a poor condition and it could be releasing fibres, inform anybody that could be affected and remove them from potential harm. Make all duty holders aware of it. If it is in good condition and not likely to release fibres, make the duty holder aware and it is their duty to manage it. Get a competent asbestos survey done in both instances, to confirm whether it is asbestos and how to remove or manage/record it.

Question 354

What are recent changes to the regulations?

Answer 354

• Fire Safety Act 2021 and Building Safety Bill 2022
  o Building Safety Regulator for buildings over 7 storeys or 18m+ residential and mixed use buildings
   New registration system for building inspectors
   Requirement to provide information for use by occupants about building safety
   Accreditation structure for all construction materials used in the UK
  o Accountable person is the new duty holder (Principal accountable person if more than one owner)
  o Widens defective premises act from 6 to 15 years limitation for
  o Compensation claims permitted where there has been a breach of regulations in any kind of building

Question 355

What risk assessments have you dealt with?

Answer 355

• Dynamic risk assessments for all inspections undertaken
• Have obtained RAMS from access platform drivers to allow access on some inspections.
• Produced roof, ladder and access platform RAMS for certain inspections.

Question 356

Why is it important to ensure that the built environment is accessible for all?

Answer 356

• To ensure that every person has an equal opportunity to use a facility or building.

Question 357

What legislation deals with accessibility and inclusion?

Answer 357

• Equality Act 2010

- Part M of the Building Regs

Question 358

What does Approved Document Part M cover?

Answer 358

• Regulates the accessible design of buildings
• Sets out minimum requirements to ensure that a broad range of people are able to access and use facilities within buildings.
• Ramps, WCs, stairs, showers

Question 359

What does the Equality Act 2010 require?

Answer 359

• Gives legal protection from discrimination in the workplace and in wider society
• Covers race, disability, gender, age, sexual discrimination, religion, pregnancy, etc.
• Requires ‘reasonable adjustments’ to be made when providing access to goods, facilities, services and premises.
• In practice that means that due regard must be given to specific needs of likely building users that might be reasonably met.
• Compliance with Part M does not signify compliance with the much broader obligations and duties set out in the Equality Act.
• Requires public bodies to promote equality and allows government to set minimum standards so that people can use public services more easily.

Question 360

What adjustments can be made to improve accessibility in the built environment?

Answer 360

• Accessible entrances, with ramps
• Accessible WCs
• Lifts
• Designated parking spaces
• Floor coverings (colour and surface)

Question 361

What methods do you use to be more sustainable as part of your role?

Answer 361

• Reduce printing where possible, cycle to site and the office where possible.

Question 362

What examples of sustainability measures have you specified on a project?

Answer 362

• LED lighting with PIR sensors
• Double glazed windows
• EV charging points
• Low flush toilets
• Cycle storage facilities

Question 363

What are the MEES regulations?

Answer 363

• Came into force on 1 April 2018
• Applies to private rented and non-domestic property
• Currently E and above.
• From 1 April 2020 – landlords not able to continue letting residential homes below an E.
• Exemptions if property will cost more than £3,500 to improve.
• Landlord cannot continue to let any property below an E from 1 April 2023.
• Unclear whether the landlord or tenant will be responsible for improvement work
• Only applies where energy efficiency pay back is 7 years or less.
• Exemptions must be recorded on the National PRS Exemption Register
• Government has been proposing that minimum energy efficiency standard would be a C by 2025.

Question 364

What does DEC stand for?

Answer 364

• Display Energy Certificate
• Shows energy performance based on actual energy consumption as recorded over the previous 12 months (actual carbon dioxide emissions). Energy efficiency in occupation.
• Every public building over 500m2 required to display them in receptions where it is easily viewable by the public.
• Gives information on the building’s energy demand on a scale between A-G
• Valid for 12 months

Question 365

What does EPC stand for?

Answer 365

• Energy Performance Certificate
• A theoretical predication of how energy efficient any building could be.
• Energy Performance Certificate
• Measure of energy efficiency and environmental impact in terms of CO2 emissions.
• Required for any property being sold or let and provide a current and potential score and advice on measures that can be implemented to improve the score.
• EPCS valid for 10 years

Question 366

What is the difference between an EPC and DEC?

Answer 366

• The DEC is based on actual usage and calculates energy efficiency in use, while EPCs measure theoretical energy efficiency.

Question 367

What changes are anticipated with MEES?

Answer 367

• From 1 April 2023 all non-domestic buildings will require at least an E rating to continue existing leases, joining domestic properties.
• The government has also indicated that they are considering lowering the MEES to a C in 2025.

Question 368

What is BREEAM?

Answer 368

• BRE’s environmental assessment method. It assesses, rates and certifies the sustainability of buildings. Rated from Outstanding to Pass.
• Building Research Establishment Environmental Assessment Method
• Method of assessing sustainability of a building in terms of its design, construction and operation.
• Holistic approach assessing a broad range of criteria, including energy and water use, internal environment, pollution, transport, materials, waste, ecology and management processes.

Question 369

What is LEED?

Answer 369

• Leadership in Energy and Environmental Design
• Green building rating system
  o Established in the US – silver, gold and platinum
  o 8 topics – sustainable sites, water efficiency, energy and indoor environmental quality

Question 370

What is SKA?

Answer 370

• Project driven and only applies to non-domestic fit out and refurbishment projects
• RICS tool
  o Project evaluated solely on what a developer has done in the fit out, rather than basebuild.
  o 30-60 measures apply to most projects with rating of gold, silver and bronze

Question 371

What is sustainable development?

Answer 371

• To meet the needs of the present without compromising the ability of future generations to meet their own needs.
• Bruntland Report

Question 372

What are the different types of land use?

Answer 372

• Greenfield (agricultural)
• Brownfield (previously developed)
• Ecology

Question 373

What considerations should be made when designing construction?

Answer 373

• Materials
• Material resource efficiency
• Embodied energy
• Waste management – recycling
• Operational and energy efficiency – services and part L
• Renewable energy – wind, solar, etc.
• Land use

Question 374

What are the principals / pillars of sustainability?

Answer 374

• Social – building healthy communities with sufficient numbers and a range of buildings
• Economical – build strong responsive, competitive economy ensuring sufficient land and right types.
• Environmental – contribute to protecting and enhancing our natural, built and historic environment.

Question 375

What is the National Planning Policy Framework (NPPF) July 2018?

Answer 375

• Sets out government planning policy for England
• 3 overarching objectives / principals / pillars of sustainability
• Framework replaces a wide range of previous planning policy statements and guidance
• Promotes and helps achieve sustainable development
• Provides framework for locally prepared plans for housing and other development
• Planning law requires applications for planning permission to be determined in accordance with the development plan.

Question 376

What are local plans?

Answer 376

• Prepared by the Local Authority

- Clear policies on what will or will not be permitted

Question 377

What international legislation exists relating to sustainability?

Answer 377

• Paris Agreement 2016
  o Agreement within United Nations Framework Convention on Climate Change
  o Addresses greenhouse gas emission mitigation, adaptation and finance
  o Long term goal – limit average global temperature increases to 1.5°C
• Kyoto Protocol 1997
  o Extension of UNFCCC
  o Paris agreement starts from 2020 and replaces this,
  o Objective to reduce onset of global warming/reduce greenhouse gases

Question 378

What national legislation is there around sustainability?

Answer 378

• Climate Change Act 2008
  o Legally binding framework to tackle climate change
  o Reduce greenhouse emissions by 34% by 2022 and 80% by 2050 from 1990 levels
• Environmental Protection Act 1990
  o Defines structure and authority for waste management and the control of emissions
  o Limits on emissions (part 1), disposal of controlled waste on land (part 2), statutory nuisance definition (part 3) and littering (part 4)
• Environmental Act 1990
  o Updated earlier legislation – formation of environment agency, contaminated land and abandoned mines, national parks, air quality and miscellaneous.
• Wildlife and Countryside Act 1981
  o Nature conservation and wildlife protection legislation
  o Protection of wildlife
  o Countryside and national parks
  o Public rights of way
  o Miscellaneous
  o Covers measures for preventing the establishment of non-native species
• The Energy Act 2011
  o Green Deal – government financial backing withdrawn but framework remains
  o Residential landlords unable to refuse a tenant’s reasonable request for consent to carry out energy efficient improvements where finance package is available.
  o Energy company obligations
  o Introduction of MEES
• MEES (Minimum Energy Efficiency Standards
  o Applies to private rented residential and non-domestic property
  o Intended to encourage landlords and property owners to improve energy efficiency
  o Minimum efficiency is an EPC of E and above
  o EPCs have been required since 2008
  o Enforced by the Energy Efficiency (Private rented property) (England and Wales) Regulations 2015 (as amended 2016)
  o From April 2018 – unlawful to grant a new tenancy to F and G properties
  o From April 2020 – will apply to existing domestic leases/tenancies
  o From April 2023 – will apply to existing non-domestic leases/tenancies
  o Domestic exceptions if unable to obtain green deal funding or following improvement the property is still an E rating.
  o Non-domestic exemptions – if payback is greater than 7 years
  o Exemptions must be registered on the National PRS Exemption Register.

Question 379

What is Building Regulations Part L?

Answer 379

• Conservation of fuel and power
• L1 A – new dwellings
• L1 B – existing dwellings
• L2 A – new buildings other than dwellings
• L2 B – existing buildings other than dwellings

Question 380

What is the Energy Performance of Buildings Regulation 2012?

Answer 380

• Requires that EPCs are produced for dwellings and non-dwellings
• Quantifies energy efficiency of buildings
• Required when buildings are built, sold or rented
• Blocks of flats require individual EPCs
• Exceptions – places of worship, temporary buildings, standalone buildings with floor areas of less than 50sqm, industrial or agricultural buildings with low energy requirements
• Buildings rated A-G
• Undertaken be accredited assessors
• Valid for 10 years
• Commercial buildings over 250m2 and frequented by the public need to display a display energy certificate (DEC) – based on actual energy used.

Question 381

What is the Site Waste Management Plan Regulations?

Answer 381

What is the Site Waste Management Plan Regulations?

• Client and principal contractor obliged to produce a SWMP for projects in excess of £300k
• No longer compulsory after 2013 (repealed)
• May still be required under BREEAM and by local planning authorities

Question 382

How can sustainability be measured?

Answer 382

• BREEAM (life cycle assessment)
  o Sets best practice standards for the environmental performance of buildings through specification, design, construction and operation
  o Building Research Establishment Environmental Assessment Method
  o Undertaken by a licensed assessor
  o Based on energy, land and ecology, water, health and wellbeing, pollution and materials, waste and management
  o Applies to new and refurbishment projects, domestic and non-domestic
  o Ratings are 1 (pass) to 5 (outstanding)
  o Becoming more common place for local planning authorities given the NPPF and drive towards sustainability.
• SKA rating
  o Non-domestic fit outs (think office refurbishments)
  o RICS’ Environmental Assessment Method
  o Assess fit out projects against a set of sustainability good practice criteria, known as good practice measures (GPM)
  o Implemented as an alternative to BREEAM (whole building assessments) which are high cost and produce unsatisfactory results
• LEED (life cycle assessment)
  o Leadership in Energy and Environmental Design
  o USA equivalent to BREEAM
  o Ratings are gold, silver and platinum
• Whole Life Carbon Assessments
  o RICS Professional Statement 1st Edition November 2017
  o Looks to embodied aspect of carbon emissions as well as life cycle assessment (construction and operation)

Question 383

What are the 17 sustainable development goals from the UN?

Answer 383

• No poverty
• Zero hunger
• Good health and well-being
• Quality education
• Gender equality
• Clean water and sanitation
• Affordable and clean energy
• Decent work and economic growth
• Industry, innovation and infrastructure
• Reduced inequalities
• Sustainable cities and communities
• Responsible consumption and production
• Climate action
• Life below water
• Life on land
• Peace, justice and strong institutions
• Partnerships for the goals

Question 384

What is social responsibility?

Answer 384

• Relates to the ethics of individuals, groups and organisations, with an obligation on working and cooperating with others to ensure actions contribute to the benefit of the community as well as the individual.

Question 385

What was COP 26?

Answer 385

• A UN climate change conference (Conference of the Parties) that sets the global agenda on climate change for the next decade
• Took place in Glasgow in 2021.
• Further cuts to emissions, reduction in coal use, help poorer countries cope with effects of climate change and make move to clean energy

Question 386

How can the built environment impact on global warming?

Answer 386

• Construction industry has important role in combating waste and pollution as it is a big part of the issue.
• BREEAM scores.
• Clients are keen to reduce carbon emissions in order to meet current and future EPC requirements under the MEES Regulations.

Question 387

What areas of sustainability have you been involved in?

Answer 387

• On a project in Reading, the client was keen to improve the EPC rating to a B. I liaised with an EPC assessor to confirm the impact of removing gas heaters from the warehouse and replacing all of the light fittings to the warehouse and ancillary accommodation would improve it to a B from a D, and overhauled the windows as these were not sealing properly and the gaskets and seals needed to be replaced. On a separate project in Crawley, I advised the client on sustainability measures, and installed 2 EV charging points, bike storage, PIR and LED lighting.

Question 388

What renewable energy sources do you know about?

Answer 388

• Biomass – living/dead materials used in fuel/industrial production i.e. wood, vegetation, waste, etc.
• Ground source – heating/cooling system which pumps heat to or from the ground
• Wind turbines – conversion of wind power to electricity
• Photovoltaic Cells – conversion of sunlight into electricity

Question 389

What are some of the requirements of Part L of the Building Regs?

Answer 389

• Seeks to improve the energy performance of all buildings

- If the building has a floor area over 1000m2 the consequential improvements could be applicable.

Question 390

Can you tell me about consequential improvements in relation to Part L improvements?

Answer 390

• Regulation 17D deals with consequential improvements
• When the useful floor area is over 1,000m2 when building an extension, installing fixed building services for the first time or extending the installed capacity of an existing fixed building service , then cost effective improvements also need to be carried out the existing building fabric.
• Only need to be carried out if they are cost effective and technically and functionally feasible.
• For extensions the value of consequential losses should not be less than 10% of value of proposed works.
• When installing fixed building service for first time or increasing capacity, the fabric of the building served by the service should be improved and can include all thermal elements, new energy meters, and new fixed building services.

Question 391

What is a U-value?

Answer 391

• Way of measuring how thermally efficient a particular part of a building is – calculated for each heat loss element shown in watts over meter squared.

Question 392

How can heat loss be calculated?

Answer 392

• Overall heat loss = heat loss due to transmission through elements + heat loss caused by ventilation + heat loss caused by infiltration

Question 393

What are the changes that have recently come into force in Part L?

Answer 393

• Next step on road to Future Homes Standard aiming to make all new homes built from 2025 produce around 75% less carbon emissions with a final net zero in 2050. (Ban fossil fuel heating systems in new homes)
• Applies after 15 June 2022
• Next Part L update in 2025
• At least a 31% reduction in emissions compared to current standards (Part F ventilation also updated)
• Emphasis on adoption of a fabric first approach – higher minimum fabric standards for the external envelope and improved air tightness along with the use of low carbon heating technologies.
• Maximum permitted U-Values decreased slightly, ahead of more stringent decreases in 2025.
• A new performance metric is introduced.
  o Target Primary Energy rate – annual figure measured in KWhPE/m2 is the principle measure, which takes account of upstream energy production alongside the efficiency of a home’s heating system.
  o Provides a more accurate measure of overall energy use considering both the energy needed to prepare a fuel for use and the final energy demand of the property.
• Maximum air permeability reduced – air tightness test for all dwellings will be mandatory and no averages permitted.
• Focus on closing gap between specified and as-built performance with greater quality on build quality. Building Regulation Part L compliance reports introduced for dwellings and the need for photographic evidence of compliance.
• Retain target carbon dioxide emission rates and target energy efficiency rates, but will become obsolete as energy grid decarbonises.
• SAP calculations incorporates various changes to the methodology. For existing buildings a simplified SAP called reduced data SAP used to assess energy performance – use a set of assumptions about the building based on conventions and requirements at the time the building was constructed.

Question 394

During a defects inspection spalled bricks are identified. What are the common causes?

Answer 394

• Use of incorrect mortar on historic buildings – modern cement mortars, rather than lime.
• Moisture in the brick during a freeze thaw cycle
• Rainwater hitting the surface, poor drainage or water consistently running down the brick.
• Non-breathable coatings such as sealants – unable to dispel water through its pores.
• High pressure cleaning

Question 395

What problems are associated with vegetation growth to damp/shaded brickwork?

Answer 395

• They cause erosion of the mortar joints, hold and attract moisture, storing it within the brickwork, causing problems of water penetration.

Question 396

What is meant by the term concrete cancer?

Answer 396

• Alkali Silica Reaction (ASR), the most common form of alkali-aggregate reaction (AAR)

Question 397

What is ASR?

Answer 397

• It occurs when, given the correct combination of conditions, the highly alkaline pore water can react with certain types of aggregate to produce gel. It needs critical silica in the aggregate, sufficient moisture and high alkalinity from the cement or other sources to occur.
• The gel absorbs water to expand and can cause the concrete to crack or disrupt, including map cracking and small pop outs. A white gel can also be seen oozing out of the concrete.
• The durability of the concrete can be compromised and in some cases the tensile strength of the concrete component can be reduced. It is very damaging, sometimes resulting in structural failure and the need to demolish a building.
• Infrequent in the UK since the introduction of BS 8500 – British standard for concrete.

Question 398

Explain carbonation.

Answer 398

• It is the reaction of atmospheric carbon dioxide with the calcium hydroxide within the cement mix. The reaction produces calcium carbonate and lowers the PH to around 9 (from 12). This reduction starts on the surface, but can ultimately reach the depth of the steel reinforcement via capillary action. If the alkalinity reduces the passive resistive layer to the surface of the steel reinforcement, it will start to corrode and expand, causing cracking and spalling to the concrete. This allows further water ingress, accelerating the deterioration of the concrete. Particularly an issue if the reinforcement has insufficient concrete cover. The quality of the concrete will also have an effect, as the more porous the concrete, the quicker the process will occur.

Question 399

How does sulphate attack affect concrete?

Answer 399

• Sulphates/ salts of e.g gypsum are water soluble and are readily transported into the cement mortar/concrete where they react with the tricalcium aluminate in cement to form crystals, generating high expansive forces in the mortar/concrete.
• To occur there must be sufficient sulphate and sufficient long term water.

Question 400

What are the key indicators of cavity wall tie failure?

Answer 400

• Horizontal cracking to mortar joints at regular intervals
• Expansion of the outer leaf of brickwork
• Wall bulges at 900mm horizontally and 450mm vertically.
• Can lead to pagoda effect at exposed gables.
• Vertical cracks may be evident external/internal wall junctions and horizontal cracks appear at junctions of wall and ceiling.
• Exposed elevations within industrial and marine environments are more prone, especially where exposed to driving rain and salt laden air.
• • Corrosion of the ties due to poorly galvanised ties between 1960s and early 1980s
• Corrosion of embedded tie in black ash mortar due to chemical action (sulphates)
• Wall ties may have been incorrectly or be insufficient in number

Question 401

How can stonework be repaired?

Answer 401

• Minor repointing of eroded joints (lime or earth based mortar)
• Rebedding loose stones
• Filling of cavities by a skilled mason using coloured mortar, reinforced with non-ferrous armatures for deeper patches.
• De-frassing to lightly brush off loose material
• Stones can sometimes be removed and reversed to hide the deterioration.
• Fractured or delaminating stone might be grouted and pinned.
• Only stones that are severely defective and be unable to fulfil their structural or weathering function should be replaced.

Question 402

How would you rectify the issue of wall tie failure?

Answer 402

• Principle remedy to remove the old wall ties and either stitch in new or drill in new ones and fix them with resin or expanding anchors.
• Products such as Helix spiral replacement wall ties and Triton wall tiles are used.
• Type of remedy and tie must be matched to the type of failure that has occurred.
• If the wall has failed due to expansion of the tie within the brickwork, or if both leaves are cracked, a structural engineer may have to be consulted to assess the best remedial action.
• Refer to BRE Digest 329.
• Locate ties with a metal detector
• Remove, crop or encapsulate existing/failed wall ties.
• New ties can be fixed by:
  o Resin fix
  o Mechanical fix
  o Cementitious wall anchors
• Holes are drilled, ties installed and tightened to required torque,
• Cracked brickwork and mortar can be replaced.

Question 403

A white powdery substance has appeared on the surface of some new brickwork. What might it be and what can you do about it?

Answer 403

• Soluble salt crystallisation – unsightly efflorescence on the surface.
• Can lead to delaminating brickwork
• Common in new brickwork
• Recurrent efflorescence is common with faulty detailing.
• Salts can be contained in the bricks or surrounding atmosphere
• The salt solution passes through the pores or dry material and leaves a deposit within the pores upon evaporation.
• Deposited salts accumulate at depth of wetting and create back pressure which delaminates the brick – this exposes pores behind and the process is repeated.
• If left, it will progress as frost attack causing delamination and friable bricks.
• Clean off the efflorescence with a stiff bristled brush followed by a wet sponging with a mild solution.
• If it persists remove the source of wetting and replace bricks if appropriate.

Question 404

The reinforcement bars on a concrete building are exposed and corroding.

Answer 404

• Carbonation
• Chloride attack
• ASR

Question 405

What tests are available to detect carbonation?

Answer 405

• The extent and depth can be confirmed using manganese hydroxide or phenolpthalin solution.
• Phenolpthalin indicator – phenolpthalin solution reacts with uncarbonated cement by leaving a pink indicator.
• Electromagnetic device can detect reinforcement positions, cover depths and diameters.
• Samples can be sent to a lab for testing.

Question 406

How would you specify repairs to concrete affected by carbonation?

Answer 406

o Removing defective concrete and cut out the reinforcement to damaged members. New reinforcement fixed butt-welding to existing and new concrete cast.
o Guniting – (proprietary process) fine concrete sprayed to concrete surface under repair at high velocity.
o Coating/sealants/membranes can reduce carbonation progress, but if chlorides are present as rebar depth coating will not prevent carbonation.
o Electrochemical re-alkalinisation – cathodic reactions around rebar produce hydroxyl ions
 – steel cathodes attract alkali metal ions towards its surface, so high alkalinity is restored around rebar.
 Temporary anode (steel mesh) attached to concrete. The electrolyte penetrates concrete and raises alkalinity at cover. Anti-carbonation coating then applied.
o Cathodic protection – permanent and very expensive technique. Anode system (coating or mesh) sprayed/fixed to whole surface of concrete. Current applied which passes to reinforcement, which is then made cathode, preventing corrosion of reinforcement.

Question 407

Explain how you would deal with a case of sulphate attack on concrete.

Answer 407

• Must be high levels of water-soluble sulphates within the adjacent ground. To affect concrete buried in the ground, concrete must be of low density and must be a large amount of moisture movement through the concrete. Common cause is contaminated hardcore beneath concrete floor slab – sulphates become mobile due to a broken drain/high water table. Sulphate enters concrete (solution form), water evaporates leaving the sulphates, they react with calcium hydroxide and calcium aluminates causing expansion and the concrete deteriorates – cracking and heave.
• Concrete should be removed along with contaminated hardcore.

Question 408

Explain how you would deal with a case of ASR.

Answer 408

• Occurs when pore water reacts with certain aggregates to produce a gel, which absorbs water, expands and causes cracking. 3 factors must be present – critical silica in the aggregate (troublesome aggregates in the SW), sufficient moisture, high alkalinity from cement/external sources. Can result in structural failure and need to demolish building if tensile strength of concrete is reduced.
• Repair by replacing spalled concrete and reinforcement often the most suitable repair. Remove spalled concrete and corroded rebar and replace. Clean and treat surrounding areas, and repair using cement mortar, epoxy mortar or concrete.

Question 409

Can you list some common defects which occur in masonry?

Answer 409

• Cavity wall tie corrosion
• Lack of movement joints
• Frost attack
• Soluble salt crystallisation (efflorescence)
• Calcium silicate brickwork

Question 410

How are cementitious wall anchors installed to a cavity wall?

Answer 410

• Holes are drilled, ties installed and tightened to the required torque.
• Cracked brickwork and mortar can be replaced.

Question 411

Where would you expect to find movement joints in masonry and how frequently should they be installed?

Answer 411

• In long stretches of masonry, such as terraced houses
• Boundary walls
• Should be placed every 12-15m

Question 412

What are the issues that are caused without having movement joints?

Answer 412

• Thermal movement occurs in the brickwork
• The book end effect takes place
• Movement results from the expansion of the brickwork due to a rise of moisture content

Question 413

How would you remedy defects caused by a lack of expansion joints in masonry walls?

Answer 413

• Cut new 16mm movement joints every 12-15m in the brickwork.

Question 414

What is frost attack and how would you recognise it and where does it take place in masonry walls?

Answer 414

• It is the spalling of brickwork owing to the effects of water ingress, which can lead to the total disintegration of the brickwork.
• It takes place to exposed brickwork such as a parapet wall or exposed elevations.

Question 415

How is frost attack caused in a brickwork wall?

Answer 415

• It can occur in older bricks and those under burnt during firing
• It occurs near the surface of the bricks as moisture gains easy access
• Frost attack then takes place which requires regular freeze and thaw cycles when the material is wet. The expansion caused by the freezing of the trapped water causes the brick to break/spall off.

Question 416

How would you remedy sections of spalled brickwork?

Answer 416

• Remove the source of wetting i.e. repair leaking rainwater goods etc
• Cut out and replace the defective sections of brick in isolated locations

Question 417

What are the issues with calcium silicate brickwork?

Answer 417

• Unrestrained thermal expansion takes place
• There is generally poor resistance to frost when brickwork is contaminated by chloride due to sea water (not used near coast)
• Diagonal cracking often takes place which then allows moisture ingress to occur.

Question 418

What are the remedial measures available for defects due to calcium silicate brickwork?

Answer 418

• Re-point in a sulphate resisting mortar if ground water contains sulphate
• Allow for adequate movement joints at 12-15m centres.

Question 419

What causes concrete to suffer from calcium chloride?

Answer 419

• Calcium chloride was used as an accelerator for setting concrete in the 1950s and 60s.
• De-icing salts can also be a problem in concrete car parks
• When chlorides are present in the concrete, the steel reinforcement corrodes when through it is in an alkaline environment.

Question 420

Can you tell me how you would know that calcium chloride was the cause of the corrosion to concrete and subsequent delamination of the cover rather than carbonation?

Answer 420

• Unlike carbonation, calcium chloride corrosion is localised and is known as pitting.
• If left, the steel reinforcement can completely be destroyed by the corrosion which is darker in colour than corrosion by carbonation.
• Localised cracking due to how the steel corrodes.
• Rust staining
• Localised delamination of cover due to the expansion of the rebar.

Question 421

Can you tell me some factors that might affect the resistance of concrete to chloride penetration?

Answer 421

• Depth of the concrete cover
• Mix design
• Use of admixtures
• Degree of curing

Question 422

What remedial repair options would you advise your client to take when dealing with a building suffering from calcium chloride?

Answer 422

• In the first instance, assessment of the extent of the chloride should be undertaken by sampling and chemical testing.
• Assess the depth of the rebar and extent of corrosion
• Then take appropriate action, such as shoring or, in extreme cases, demolition.
• Use of zinc anodes embedded in a repair and attached to the rebar can reduce the effect of the calcium chloride, but it is not a permanent cure.
• Cathodic protection can be used but it is expensive and complex

Question 423

What is ASR and how might you identify it on site?

Answer 423

• Alkali Silica Reaction produces a map pattern cracking effect with small concrete pop outs.
• Uncommon to building structures and is seen more in civil structures.
• It occurs when water in the concrete pores reacts with certain aggregates to create a gel.
• The gel absorbs water, expands and causes the concrete to crack
• For ASR to occur it is depended on 3 factors – 1. Silica in the aggregate 2. Sufficient moisture 3. High alkalinity.
  Most common form of Alkali Aggregate Reaction.

Question 424

How do you remedy ASR?

Answer 424

• Take a risk based approach i.e. is the consequence severe, such as failure of the structure?
• Replacing a reinforcement and the spalled section of concrete is often the most suitable, relatively short term repair.

Question 425

Can you name some typical stone defects?

Answer 425

• Pollution
• Thermal stress
• Wearing by wind borne solids

Question 426

How does pollution cause damage to stonework?

Answer 426

• Sulphur dioxide and water can make the surface of stones rough and cause surface crazing
• In coastal areas the wind can carry and deposit sea spray on the stones which will deposit chlorides on the stone’s surface.

Question 427

What are the typical defects associated with a 1960s high rise office block?

Answer 427

• Condensation
• Failure of external cladding and structural components
• Deteriorated DPCs
• Floor slab settlement
• Lack of a DPM
• Deteriorated plastic plumbing goods
• Brittle sarking felt
• Rotted softwood timbers
• Failing flat roofs
• Wall tie corrosion
• Spalling concrete
• Corrosion of metal frames.
• Deleterious materials – HAC, asbestos, woodwool slabs, concrete carbonation, calcium chloride accelerators, corrosion of reinforcement and metal structures (fire escape), fixing failure (external wall panels, parapet walls).
• Low performance for dampness and insulation.

Question 428

Your client has just bought a concrete framed office block, built in the 1960s. Explain to him the issues that will need to be considered when refurbishing the building from a pathology point of view.

Answer 428

• Whether HAC, hollow clay pot or wood wool slabs were used in the construction of the property.
• Whether the concrete frame suffers from carbonation, chloride attack, ASR or sulphate attack and will require remedial works.
• There may be low floor loading which may not accommodate current loads without strengthening.
• The building may be poorly insulated with high air infiltration rates.

Question 429

Your client has a concrete clad building that is suffering from carbonation. You have repaired the current defective areas. How can you prevent further problems occurring?

Answer 429

• You can treat the surface of the concrete to stop the concrete alkalining, but must be crack proof coatings to be effective.
• Alternatively could install cathodic protection, but this is expensive.

Question 430

Your client’s building is known to have been built using HAC concrete. Is this a problem? What would you recommend that he does about it?

Answer 430

• Often there are no implications if left, but it would depend on situations and conditions. Most structures have sufficient reserve strength even when converted.
• In order to ensure that there are no issues, I would recommend that my client undertakes an investigation consisting of sample testing to assess the HAC’s strength, extent of conversion, and durability, determining what materials were used from the Local Authorities’ records of HAC buildings.
• If the strength has been reduced, the live loads will either need to be reduced or strengthening will be required.
• Localised repairs of any reinforcement corrosion.

Question 431

Can you tell me some typical defects to a 1960s concrete portal frame building?

Answer 431

• Leak to asbestos cement roof sheets
• Carbonation to the concrete frame
• Cavity wall tie failure
• Cracking and delamination to the ground bearing slab.

Question 432

What was the primary type of asbestos used in asbestos cement roof sheets and how long should they last for?

Answer 432

• Chrysotile

- Between 40-60 years

Question 433

How might you identify if the asbestos cement roof sheets are leaking/defective?

Answer 433

• Cracking parallel with the long edge
• Cracking across the width of the sheet
• Corrosion of the fixings
• Moss growth and surface deterioration

Question 434

How are the cracks to the width of the sheet caused?

Answer 434

• Structural movement
• Overloading/foot traffic
• Wind loads coupled with defective fixings

Question 435

How does corrosion of the fixings lead to a defective roof sheet?

Answer 435

• The expansion of the fixings leads to the cracking of the sheets and then subsequent water ingress.

Question 436

How does moss growth cause defects and leaking to the sheets?

Answer 436

• Carbonation increases porosity and in damp conditions the surface is suitable for moss and algae growth.
• The algae produces acidic run off which damages other components

Question 437

What remedial works can you undertake to asbestos cement roof sheets?

Answer 437

• Encapsulation
• Overlaying
• Full replacement

Question 438

Describe how you would replace an asbestos cement roof.

Answer 438

• Consult HSE guidance note A14 and A12 which relates to the handling of asbestos and the cleaning of it during removal.
• Protect nearby surfaces with sheeting
• Dampen and remove fasteners and place in a waste container
• Double wrap large pieces in bags and seal
• Dispose of waste at a licensed disposal centre

Question 439

How would you identify carbonation to a concrete frame?

Answer 439

• Cracking along the line of the reinforcement bars
• Spalling and delamination of whole areas of concrete cover
• Visual inspection
• Hammer test to discover unsound concrete
• The depth of the carbonation can be ascertained by phenolpthalein, which is a pink dye that indicates where no carbonation has occurred.

Question 440

Tell me how you would undertake isolated repairs to carbonated concrete?

Answer 440

• Cut out the concrete surrounding the rebar and over the fully corroded length.
• Clean the steel reinforcement bar and apply corrosion inhibitor i.e. Sika/Fosroc product
• If badly corroded replace the steel bar by welding new piece to existing
• Replace the concrete cover with proprietary product to restore alkalinity
• Apply anti-carbonation product to external surface.

Question 441

How does cathodic protection work?

Answer 441

• In corrosion cells anodes attract oxides which causes the deterioration whilst cathodes do not.
• If an electrical current can be applied to metal it can be made into a cathode.
• An anode system, coating or mesh is sprayed or fixed to the whole surface of the concrete and a current is applied which then passes into the reinforcement.

Question 442

What are the causes of cracking to the ground bearing floor slab?

Answer 442

• If soil contains high sulphates level and no DPM is installed
• Hardcore could be contaminated with high sulphates
• Sulphate may become mobile due to a broken drain or high water table.
• Soluble sulphate enters the concrete
• Water evaporates leaving the sulphates
• Water then reacts with calcium hydroxide causing expansion
• Concrete cracks due to expansion

Question 443

How would you address a concrete slab that is cracking and delaminating?

Answer 443

• Remove the source of soluble sulphates and repair the drain
• Break up the concrete slab and the hardcore and replace, installed with new DPM.

Question 444

What defects can occur to mastic asphalt roof coverings?

Answer 444

• Crazing
• Cracking
• Blisters
• Ponding

Question 445

How is crazing caused to asphalt roof coverings?

Answer 445

• By a lack of solar reflective treatment and ponding through the expansion of the material in hot weather and contraction in cold weather.

Question 446

How is cracking of the covering caused to asphalt roof coverings?

Answer 446

• Differential settlement and movement between asphalt and the substrate often due to the absence of an isolating membrane.

Question 447

How are blisters caused to asphalt roof coverings?

Answer 447

• By trapped moisture as some concrete roofs are asphalted before they are completely dry.

Question 448

How is ponding caused to asphalt roof coverings?

Answer 448

• Inadequate falls and poor workmanship.

Question 449

What options are available to address defects to asphalt flat roofs?

Answer 449

• Isolated repairs
• Encapsulation (application of a liquid applied membranes)
• Total replacement

Question 450

Can you talk me through the process of undertaking isolated repairs to mastic asphalt?

Answer 450

• Hot poultice repairs are carried out by first covering the defective area with molten asphalt so that underlying material is softened.
• The existing defective, now softened, mastic is then removed to a depth of 10mm and a width of approximately 75mm.
• New molten asphalt is then poured in its place and a lap joint is formed with the surrounding existing asphalt.

Question 451

What are the causes of chloride introduction to concrete in a high rise building?

Answer 451

• Introduced as an accelerator during the mixing process
• Naturally occurring through unwashed marine aggregates
• External contamination through de-icing salts
• Chloride ions can break down the passive layer of alkalinity around the rebar.

Question 452

How can you tell the difference between concrete that is affected by carbonation and concrete that has been affected by calcium chloride?

Answer 452

• Calcium chloride causes the rebar to corrode at a darker colour than carbonation
• The effects of calcium chloride to steel reinforcement are localised and as such is termed ‘pitting corrosion’.

Question 453

How would you advise your client to remedy concrete affected by high chloride content?

Answer 453

• Undertake patch repairs similar to carbonation i.e. clean/replace corroded sections of rebar
• Adopt a cathodic protection system to prevent further effects by the chloride ions.

Question 454

What is condensation?

Answer 454

• Condensation is when warm moisture vapour comes into contact with a cold surface and cools to the dew point.
• At the dew point, the water vapour turns into a liquid on the cold surface.

Question 455

What is the dew point in relation to condensation?

Answer 455

• The atmospheric temperature which varies according to pressure and humidity, below which water droplets begin to condensate and dew forms.

Question 456

What signs indicate condensation within a property and what steps would you take to eliminate this?

Answer 456

• Can be confused with rising and penetrating damp
• The wall has a misty surface.
• Stains/streaks of water running down the wall.
• Damp patches with no definitive edges.
• Dampness behind cupboards against external walls.
• Patches of mould growth, particularly in cold corners in the classic crescent or hourglass shape. Also shows up at a cold bridge, e.g. poorly fitted windows and doors.
• Pinpoint damp contours with a moisture meter – use deep wall probes – if readings are low at centre height, unlikely to be rising or penetrating damp. Also salt analysis is negative for chlorides or nitrates. Establish dew point by measuring surface temperature and relative humidity. If surface temperature below dew point = condensation. Use a protimeter damp check which records condensation over 24 hours.
• Best way to reduce moulds is to reduce dampness – improve quality of insulation on affected surfaces (double glazing), levels of heating (central heating), improving ventilation (window vents, extracts, heat recovery), altering the living habits of the residents (dry clothes outdoors, etc.)

Question 457

Explain how you would deal with interstitial condensation.

Answer 457

• Most walls are porous and allow water vapour to slowly pass through if the internal wall surface temperature is above dew point, but the centre of the wall is below, there is a risk of interstitial condensation. It occurs inside of the wall, instead of on the surface, which is common with solid brick walls, but is not commonly an issue with cavity walls.
• May cause dampness, but it should not affect the durability of the bricks/blocks.
• If it occurs in timber/metal, action is required to prevent rot and corrosion. It can be reduced by incorporating vapour control layer on the warm side of the insulation.

Question 458

How do you repair condensation?

Answer 458

• Reduce dampness in the building surfaces by:
  o Improving ventilation
  o Improving insulation
  o Increasing heating levels
  o Alter the living habits of the occupants.

Question 459

What is cold bridging?

Answer 459

• Localised areas in buildings with a higher thermal conductivity than in adjacent areas, resulting in an overall reduction in the thermal insulation of the building.
• An area of a building’s fabric which has a higher thermal transmission (i.e. the area is a poorer thermal insulator) than the surrounding parts of the fabric.
• It occurs where materials have a much higher thermal conductivity than the surrounding material penetrate the thermal envelope, or where there are discontinuities of the thermal envelope.
• As heat flows through the fabric (to the cold air outside) the surfaces of the interior side of the bridge become colder resulting in a reduction in the overall thermal insulation and performance of the structure.
• It can result in an increase in fabric conduction heat loss
• An increase in solar gains during the summer
• Reduction in internal surface temperatures
• Cold spots and stratification cold occurring within the building
• Increased risk of interstitial condensation, which may lead to staining and mould growth
• Reduction in internal air quality due to mould/condensation
• Damage to building components
• Found around window and door openings and balconies.

Question 460

What causes cold bridging?

Answer 460

• Differences in construction such as a break in the continuity or a penetration of the insulation.
• Lintels over doors and windows in the 1960s and 70s were plagued by this problem.

Question 461

What remedies are available to a property suffering from areas of cold bridging?

Answer 461

• Ensuring that there is adequate ventilation
• During construction, ensuring that cavities are closed and that vertical/horizontal dpcs are incorporated into construction.

Question 462

Can you name some typical defects to 1980s steel framed buildings?

Answer 462

• Cut edge corrosion to profiled metal roof sheets
• UV deterioration of roof lights
• Failed metal cladding coatings
• Composite cladding panels.

Question 463

What are the symptoms of cut edge corrosion?

Answer 463

• The protective coating starts to peel back at the lap joints – approximately 10mm is considered defective.

Question 464

What are the causes of cut edge corrosion?

Answer 464

• When the roof sheets are cut in the factory the coating is damaged and micro-cracking occurs which allows the admission of moisture and leads to corrosion.
• Water also get trapped at the lap joints and the coating lifting exacerbates.

Question 465

How do you remedy cut edge corrosion?

Answer 465

• Clean the affected area and remove the defective coatings.
• Gun apply a sealant to bridge the gap (25mm either side of joint)
• Brush apply one coat of seamsil (37mm) either side of the joint.

Question 466

How do you identify that UV deterioration has taken place to GRP rooflights?

Answer 466

• The exterior gel coat to the rooflights deteriorated and the glass fibres are exposed due to UV exposure.
• The sheets become brittle and hard and are easily damaged.
• Leaks become more likely as does moss growth.
• Light transmission is reduced.

Question 467

How would you remedy a UV deteriorated rooflight?

Answer 467

• Replace the rooflight.
• Or apply a translucent resin coating such as HD Sharmans’ Delglaze once the surface has been suitably cleaned and dried.

Question 468

What are the signs of failed metal cladding coating?

Answer 468

• Plastisol, PVF2 etc. coating starts to peel back and flake away in places.
• Corrosion could be evident to exposed cladding below.
• Coating may have lost adhesion due to poorly prepared substrate
• The coating may have broken down due to UV and temperature change
• The recommended repaint guidelines are often ignored (every ten years)

Question 469

What would you advise to do to address failed cladding coatings?

Answer 469

• Thoroughly prepare the substrates and spray apply a new coating such as Girocoat or steel seal.

Question 470

Why are composite cladding panels classed as a defect?

Answer 470

• The combustibility and fire spread is the main concern as there is a risk of collapse due to instability.
• Expanded polystyrene is the worst infill material as it promotes rapid fire spread.

Question 471

What are the other types of infill material and when did the LPCB become aware of the dangers?

Answer 471

• EPS – Expanded polystyrene
• PUR – polyurethane foam
• PIR – polyisocyanurate foam
• PF – phenolic foam
• Pre-2000 are likely to have a PUR foam.

Question 472

What remedy would you suggest to your client in the event of discovering non-LPCB compliant composite cladding?

Answer 472

• Send a sample to the lab for testing to ascertain the material being dealt with.
• PIR can be engineered to comply.

Question 473

What are the typical life spans for flat roof coverings asphalt/built up felts?

Answer 473

• Asphalt – 25 years
• Built up felt – 10-20 years
• GRP (Fibreglass) – 20-30 years
• Green roof – 40-50 years
• EPDM – 50 years

Question 474

Explain the difference between warm and cold deck roof construction

Answer 474

• Cold roof – the thermal insulation layer is located immediately above or between the ceiling joists with the vapour control layer below the insulation, so everything above the insulation including rafters, roof space etc. will be colder than the living space beneath it. When warm/damp air permeates up through the ceiling and reaches the cold roof space, the change in temperature can result in condensation forming so adequate roof space ventilation must be provided to remove this air
• Warm roof – the insulation layer is laid on top of the roof structure with the structural deck and its supports being at a temperature closer to that of the building’s interior. The vapour control layer is placed below the insulation and the plywood/osb board sits on top.

Question 475

Can you name some common defects to flat lead roofs?

Answer 475

• Lead being of insufficient code
• Incorrect specification of underlay
• Incorrect spacing of joints or incorrect fixing
• Excessive number of soldered joints
• Punctures in the surface
• Pitting and corrosion of lead sheets (internally and externally)
• Wind uplift.

Question 476

What is a tingle?

Answer 476

• Slate straps that are commonly used for repairing broken or slipped slate roof tiles by fixing it to the batten and turning the end up to hold the repaired slate in place.
• More temporary measure to keep the slates in place until repairs can be carried out.
• Usually formed from lead and nailed to the roofing battens, taken underneath the loose tiles and then neatly folded around the tail of the slate.

Question 477

Name the common defects associated with slate roof coverings?

Answer 477

• Nail sickness (original fixings made of iron/poor quality galvanised steel and will corrode over time, which can cause nails to snap allowing the slate to slip).
• Broken slates – absorb water over time and eventually start to fracture/break.
• Slipped slates – nail breakage or enlargement of the nail hole as a result of natural decay.
• Delamination – texture is layered and when it starts to reach the end of its life, the layers might begin to split apart, which can lead to breakages and leaks.
• Flashing damage.

Question 478

What problems can arise from using two different metals next to each other?

Answer 478

• When a dissimilar metals contact each other in the presence of moisture, galvanic corrosion may result. The wet metals behave like a battery and produce an electrical current and the surface of one or both metals becomes pitted and corrode as the exchange of electrons takes place. Galvanic corrosion can seriously weaken metal parts, which eventually will fail. Structures could collapse and piping could break/develop leaks if materials are incompatible.
• The most common dissimilar metal combinations are carbon steel/aluminium and carbon steel/copper. When in contact they should be coated with nonconductive material, such as epoxy or phenolic paint. Gaskets can also be used to separate metals.

Question 479

How are rainwater goods sized and what section of the building regulations relates to this?

Answer 479

• Part H (Drainage and Water Disposal)
• The size of guttering should be determined by the area of the roof and the anticipated rainfall intensity ( amount of water anticipated in a 2 minute rainstorm). There are a number of calculators that can be used to size gutters and downpipes based on this information.

Question 480

What problems are likely to be associated with a leaking flat roof with woodwool slab decking and what remedial works should be considered?

Answer 480

• During the 1950s-70s woodwool was used as a permanent formwork as a convenient means of providing thermal insulation properties to exposed floor slabs.
• Because of the permanent shuttering conceals the steel reinforcement it is difficult to know whether full compaction and coverage of the steel reinforcement has been achieved and whether it was placed properly and was properly embedded in concrete. The spacers may have been displaced and the steel could rest directly on the top of the surface of the slab and as a result strength and fireproofing would be compromised.
• This could lead to a poor or failed bond between the woodwool and the hardened concrete, excessive penetration of the grout/mortar into the woodwool leading to the impairment of the concrete and honeycombing/voiding of the concrete beneath the reinforcement.
• This would leave the steel reinforcement exposed to any roof leaks and could lead to corrosion and the weakening of the reinforcement.
• Non-destructive testing can be undertaken to identify whether any issues exist, although physical sampling is likely to be more reliable. Removal of the shuttering and repairs using hand placed mortars/sprayed concrete may be necessary if defects are found.

Question 481

What problems are associated with replacing slated roof coverings with new concrete tiles?

Answer 481

• Sagging, as concrete tiles are heavier than slates, and this can occur if the roof timbers have not been strengthened.
• Roof spread where rafters have pushed the walls outwards and sunk in the middle. In severe cases, structural work may be needed and a structural engineer should be consulted.

Question 482

What are the main defects caused to flat roofs?

Answer 482

• Excessive movement
• Entrapped moisture
• Solar degradation
• User negligence

Question 483

What causes excessive movement to flat roofs?

Answer 483

• Drying shrinkage (moisture movement of timber and concrete)
• Deflection of the decking under the load of the covering etc.
• Structural failure of the decking
• Thermal changes in the deck and coverings

Question 484

What are some of the results of excessive movement in flat roofs?

Answer 484

• Roof sagging
• Localised ponding
• Splitting/tearing of the roof coverings
• Water ingress at pipe and vent junctions

Question 485

What causes moisture to become entrapped in a flat roof?

Answer 485

• Lack of effective ventilation to remove vapour
• Inadequate or missing moisture barrier
• Laying covering directly on to wet decking or snow or not allowing free water to evaporate from concrete.

Question 486

From an inspection of a flat roof how could you tell moisture was entrapped?

Answer 486

• Blistering/bubbling of the surface as a result of hot weather.

Question 487

How would you identify if solar degradation had occurred to a flat roof?

Answer 487

• Blistering and cracking would appear on the surface.
• Crazing through the surface.
• Asphalt in particular becomes brittle.

Question 488

What are the causes of solar degradation in flat roofs?

Answer 488

• Inadequate solar protection using chippings/paint/tiles.

- Wind scouring of the chippings.

Question 489

What are the causes of user negligence to flat roofs?

Answer 489

• Impact damage to surface
• Specifying an inadequate number of movement joints
• Designing ineffective ventilation
• Short life of materials and incorrect falls
• Overheating of asphalt during laying
• Poorly laid reflective chippings

Question 490

What are common defects to felt flat roofs?

Answer 490

• Differential movement
• Condensation
• Insufficient falls
• Loss of protective chippings
• Skirtings and parapets
• Sealing of lap joints

Question 491

Why is differential movement a problem with felt flat roofs?

Answer 491

• Felt is liable to crack through differential movement between felt and the substrate and the shrinkage of the base due to thermal changes.

Question 492

What problems will condensation cause to a felt flat roof?

Answer 492

• Condensation can become entrapped moisture and can create fungal growth and cause the felt to lift and cause blisters.

Question 493

What measures can you take to prevent condensation occurring in a felt flat roof?

Answer 493

• Ensure a vaper barrier is installed and that the roof is sufficiently ventilated.

Question 494

How do loose protective chippings create problems with flat roofs?

Answer 494

• Loose protective chippings can cause choking of gutters and penetrate felt providing a source of moisture ingress.
• Reflective paints are also prone to crazing.

Question 495

How can problems occur at the skirting and wall parapets with felt flat roofs?

Answer 495

• Differential movement between skirting and parapets can cause failure of the coatings
• Skirtings are formed at parapets by turning up two layers of felt against abutments to a height of 150mm.

Question 496

How can lap joints cause defects to felt flat roofs?

Answer 496

• Welding joints give a higher strength than adhesives, so poorly applied adhesives instead of welding could create problems.
• Stones and grit become trapped beneath the membrane at the time of laying which can cause holes to form.

Question 497

Why would you specify mastic asphalt as a roof covering?

Answer 497

• It provides a jointless covering with no need for welds, rolls, drips and seams.
• It is an unobstructed smooth finish which is ideal for roofs with traffic.

Question 498

What are the common defects you’d expect to encounter on mastic asphalt roofs?

Answer 498

• Ponding
• Blistering
• Cracking
• Differential movement at joints
• Changes in temperature

Question 499

Why is ponding water a defect to a mastic asphalt flat roof?

Answer 499

• Stresses imposed in weather will tend to cause the material to expand in the summer and consequently contract in winter.
• They will cause map pattern cracking across the roof
• The ponding will then be a prolonged source of water ingress rather than falling away.

Question 500

When would blisters appear in a mastic asphalt roof?

Answer 500

• Blisters are prone to appear in a concrete deck or deck with a lightweight concrete screed due to the concrete not fully drying out before being asphalted.
• Heat from the sun creates expansion of any moisture vapour which can lift the asphalt from the concrete locally.
• Rainwater trapped under asphalt can also lead to blisters in the same way.

Question 501

How does cracking occur to asphalted flat roofs?

Answer 501

• Cracking is fairly common to old asphalted roofs and is caused by the movement of the substructure and the asphalt due to the absence of an isolating membrane.
• Old asphalt roofs can also crack by becoming brittle or through excessive wear.

Question 502

If you are dealing with a flat roof which is centuries old, what defects might you expect to encounter?

Answer 502

• Lead roofs constructed centuries ago were often laid in sheets too long and wide
• Over time the sheets will have suffered thermal movements by climatic conditions
• The fixings are often poor and the drips too shallow
• Therefor wind uplift could take place as well as moisture ingress.

Question 503

What defects would you expect to find with a liquid applied coating to a flat roof covering?

Answer 503

• Splits in the roof covering
• Fractures in verges, flashings and abutments
• Failure of the material where dressed around pipes, ducts and roof lights
• Loss of bind between coating material and substrate

Question 504

Why do buildings crack?

Answer 504

• Temperature changes
• Initial drying (shrinkage over weeks or years)
• Wetting and drying (expansion and contraction)
• Loss of volatiles (irreversible shrinkage over hours or years)
• Freezing and thawing of absorbed water
• Sub-surface crystallisation or soluble salts (crypto-efflorescence)
• Sulphate attack (permanent expansion over months to years)
• Corrosion/oxidation (permanent expansion over months to years)
• Moisture expansion of ceramics (permanent expansion over decades)
• Carbonation (permanent shrinkage over 1-50 years depending on porosity)
• Alkali silica reaction (ASR) (irreversible expansion over many years)
• Hydration of oxides and unstable slag aggregates (permanent expansion over months to a few years)
• Dead and imposed loading on structure within design limits (elastic and creep deflection over years)
• Structural loading (elastic and creep deflection over years)
• Loading of ground/foundations (consolidation – settlement over months to years)
• Settlement, mining, subsidence, swallow holes, land slips, soil creeps, earthquakes
• Traffic, machinery, sonic booms, mining, explosions

Question 505

How can cracked, worn or spalling bricks be repaired?

Answer 505

• Remove all damaged parts of the brickwork and patch up what is left using fillers made of lime mortar mixed with brick dust to allow for a colour match.
• Replace all damaged bricks that are beyond repair.
• It may be possible to flip a brick around to use the undamaged inner face outwards and filling in behind it to ensure the bricks match.

Question 506

Cracking has been identified to the sides of a bay window to a traditionally constructed property circa 1900s. What are the potential causes?

Answer 506

• Bay windows in older houses commonly have foundations which are not as deep as the main part of the house. This will lead to differential movement. Cracking is likely to be minor caused by seasonal movement
• Subsidence.

Question 507

What remedial works should be undertaken to rectify cracking to the sides of a bay window to a traditionally constructed property circa 1900s?

Answer 507

• Insert an expansion joint to accommodate future differential movement with a flexible mastic sealant to keep the structure weathertight.
• The cracks are likely cosmetic and non-progressive, but if re-pointed will recur seasonally.
• Where there is extreme cracking due to subsidence, the standard approach is to identify and remedy the underlying cause (drains, trees, foliage), but where damage is severe it may be necessary to excavate beneath the foundation levels to a stable ground and underpin with concrete.

Question 508

Can you name some typical wall movement defects?

Answer 508

• Ballooning in walls
• Bulging due to inadequate restraints
• Tensile cracking in brick walls
• Oversailing
• Movement in parapet walls
• Ratcheting

Question 509

What is ballooning in walls and how might it be caused?

Answer 509

• A response to unrestrained expansive or outwards forces.

- May be due to overloaded floors or sagging roofs

Question 510

What might cause a wall to bulge outwards?

Answer 510

• Potentially caused by overloading of the floors which transmit the loads to the walls.
• This can be made worse by a lack of restraint from the floor structure.

Question 511

Why might a crack run straight down brickwork in a wall and not the surrounding mortar?

Answer 511

• The tensile capacity of brickwork and mortar is relatively low.
• Normally the tensile strength of mortar is lower than brickwork causing the crack to follow the path of least resistance.
• Sometimes, if the mix is wrong, the mortar is stronger and this will cause the crack to go straight through the brickwork instead.

Question 512

What is oversailing in a wall?

Answer 512

• Oversailing occurs at the corner of buildings and is a dislocation of the brickwork around DPC level.
• Expansion of walls meeting at a corner result in the wall slipping across the DPC during expansion, but not withdrawing on contraction.
• The forces on contraction are not great enough to pull back the wall.

Question 513

Why do parapet walls move?

Answer 513

• Movement is often due to a lack of self-weight or restraint.
• The walls are often subject to thermal and moisture related movements.
• Oversailing can occur in corners.

Question 514

What is ratcheting in a wall?

Answer 514

• When tension cracks appear in a long wall.

Question 515

Where would you expect to find rising damp?

Answer 515

• Along the base of traditional masonry wall that is built off the ground
• Tide marks rise up as much as 1m up the wall on average

Question 516

How can you identify rising damp?

Answer 516

• There is a continuous horizontal tidemark of ground salt contamination at around a metre in height.
• Sporadic staining/discolouration (brown staining) up to around 300-900mm in height
• Blistering, flaking of paintwork and plasters, visible salt accumulation.
• Damage, rotting and deterioration to joinery and structural timbers
• Sulphate action
• Corrosion of metals, e.g. edge beads
• Musty smells
• Condensation

Question 517

How does rising damp occur?

Answer 517

• It is caused by capillary action drawing moisture up through porous elements of a building’s fabric. It rises vertically up a wall.

Question 518

When did damp proof courses become compulsory in buildings?

Answer 518

• 1875

Question 519

When did damp proof membranes become compulsory in buildings?

Answer 519

• 1965

Question 520

Explain how you would deal with a case of rising damp in a building.

Answer 520

• Replace the affected plaster as hydroscopic nitrates and chlorides need to be dealt with.
• If necessary insert a new DPC, either by physical insertion or chemical injection
  o Physical insertion – reliable barrier and appropriate where total certainty required. Necessary to join new DPC to DPM, but they are expensive and can only be laid in horizontal courses – difficult with stonework.
  o Chemical insertion – cheapest and most common method – by pressure or gravity.
• May be possible to reduce the ground levels and controlling external water systems may help.
• In a listed property it may be necessary to install a perimeter drain.

Question 521

What problems are likely to be associated with rendering over external brickwork?

Answer 521

• Cementitious renders are applied with the intention of sealing surfaces to prevent moisture from entering, in effect making older properties function like modern buildings, but cement mortar pointing or renders have the effect of inhibiting evaporation, potentially putting the ends of floor joists at risk of rotting.
• Repointing mortar joints in this way prevents them from breathing, forcing the moisture to evaporate via the surrounding brick or stonework, where the effects of frost action/crystallisation can cause severe spalling/erosion of the wall surface.
• The inflexible, brittle nature of hard modern cement based mortars and renders means they are ill equipped t accommodate movement without cracking. Moisture will then penetrate through small cracks and become trapped.
• Sealing up internal walls with modern gypsum compounds the problem by blocking any escape route for moisture internally.
• Cement renders tend to be very dense and highly resistant to vapour transfer. Permeability of the finish decreases as more masonry paint is applied and the risk of water entrapment and interstitial condensation rises.
• Such water retention can be harmful to a building, especially if the masonry is constructed from lime mortar, which will deteriorate and lead to delamination and cracking via the effects of freezing and thawing.

Question 522

What works might be specified to rectify damp ingress to a basement of a building constructed circa 1900?

Answer 522

• A simple land drain problem/broken surface or foul water drain can be repaired/replaced, but care must be exercised in laying new land drains as a radical drying of the subsoil leads to shrinkage, especially in clay areas and often causes movement in buildings.
• If the cellar suffers minor flooding, then the creation of a sump drained by a pump with a water sensor/float switch will often work reasonably well if the space is only used for storage.
• In order to avoid preventing trapping moisture in the walls, tanking should be avoided and mechanical ventilation should be introduced to the space. Remove all impermeable materials and replace with breathable materials.

Question 523

What works might be specified to rectify damp ingress to a basement of a modern building formed of reinforced concrete?

Answer 523

• Where it is possible to dig down externally, water ingress can be reduced by introducing a water proof membrane (polypropylene) against the external face of the retaining wall with a land drain at the bottom – not perfect if this cannot be connected to a horizontal dpm across the floor, but good results can be achieved.
• Internal tanking can be used if the original internal surface of floors/walls can be lost from view.
• The laying of drains internally to take excess water out of the building and tanking of the internal space with polypropylene or geotextile lining to the floors and walls can be very effective. Walls can then be lined with plaster/blockwork and plaster, and floors re-laid with new concrete and a screeded finish to create a solid and level working surface. The damp is not removed but its presence no longer affects the use of the space. The main issue is damp remains in situ unless carried out to the exterior of the fabric. A membrane applied to the inner face relies on adhesion alone to resist water pressure. Expensive.
• Approved Doc C requires that basements have either barrier protection, protection by the structure itself, or protection by an internal water management system, such as a cavity drain leading to a sump with pumps.

Question 524

Explain some of the dangers of using a damp meter?

Answer 524

• They measure the resistance of electricity between two electrodes and relate this to the amount of moisture they are scaled to, usually timber. When used on other materials they can therefore be misleading. It does, however, give a preliminary sense of moisture content, with measurements below 17% being dry (green), 17-20% at risk (yellow) and 20%+ wet (red).
• Also salt analysis is negative for chlorides or nitrates. Establish dew point by measuring surface temperature and relative humidity.
• Foil backed plaster can give 100% relative reading.
• Best used for comparison measures over time.
• More accurate to use a speedy carbide meter.

Question 525

What are the two most common types of wood boring insects?

Answer 525

• Common furniture beetle
• Deathwatch beetle
• House longhorn beetle
• Wood Boring weevil

Question 526

How would you identify whether rot was wet or dry?

Answer 526

• Main difference relates to the dry rot fungus tending to decay at lower moisture contents (20-30% rather than 30-50%) and the wood tends to be left in a dry state after dry rot attack.
• Wet rot – most common coniophora puteana (cellar fungus)
   More common than dry rot
   Need a higher moisture content (45-60%, temps -30-+40 degrees)
   Localised and not as destructive as dry rot – it does not spread beyond the immediate area and grows on wetter timbers.
   Cracked appearance that my crumble to the touch when dry
   Shrinkage
   Damp, musty smell
   Can be either white or brown
  o White rot
   Decay appears white as the fungus digests the lignin and cellulose
   Gives the timber a soft, spongy feel when touched
  o Brown rot
   Darker appearance as it feeds on sugars and cellulose giving a brown appearance.
   Smaller cuboidal cracking, may leave a thin veneer of sound timber
   Cellar fungus – mycelium – brown, fruiting body – flat, plate like, greenish brown centre, yellow margins and knobbly surface.
• Dry rot (serpula lacrymans)
  o Thrives in damp wood, but not wet wood (20-40% MC, 0-26 degrees)
  o Indicative odour – fusty mushroomy smell
  o Spreads beyond the immediate area, searching for its own moisture and feeding on available timbers
  o Rarely found externally
  o Spores (rust red), hyphae (fine white tendrils), mycelium (cotton wool like substance – grey with lilac yellow patches if dry), fruiting body (reddish brown with white margins – flat plate/bracket shape)
  o Large cuboidal cracking (brown rot)
  o Shrinking and dry, darker, brittle, crumbly timber.
  o Signs of dry rot in flooring can be hard to see as it occurs under the floorboards – you may feel that the floor feels bouncy, drops away from the skirting boards or floorboards and may start to creak more.

Question 527

What is brown rot?

Answer 527

• Caused by fungi that do not degrade the lignin.
• Residue left after the action of the brown rot fungus is a brown amorphous substance, rich in lignin.
• The lignin is modified to allow access to the cellulose, the main nutrient of the brown rot fungus.
• Main fungal decay in buildings caused by brown rot fungi
• Cause the wood to become darker in colour and crack across the grain
• When dry, very decayed wood will crumble to dust.
• Common brown rots – coniophora puteana (cellar fungus). Also mine or pore fungus.

Question 528

What are the problems associated with dry rot?

Answer 528

• It brings about the dramatic decay of timber and is able to spread through a building from one timber location to another across non-nutritional surfaces.
• Serious impact on UK housing stock and causes concern when dealing with the conservation of buildings of architectural or historic value.
• It is the most virulent form of fungal attack in building timbers and buildings with traditional construction are particularly vulnerable to this form of decay.
• Vast majority of UK properties contain a significant amount of wood and to detect the type and extent of fungal decay, remedial measures may entail the loss of decorative finishes and extensive exposure and damage to the fabric of the building – expensive.

Question 529

Timber decay is often found to suspended timber floors in traditionally constructed buildings. What does the occupier commonly do to the property to lead to this problem?

Answer 529

• Obstructing air vents by installing insulation, raised external ground levels or a house extension blocks ventilation paths.
• Concrete ground bearing slabs and foundations are at risk when in soils that contain high sulphate levels or contaminated hardcore and where they are not separated from the ground by suitable polythene sheeting/membranes.
• Sets up stresses in the mortar/concrete and results in significant deterioration and damage.
• More common in 1950s-60s due to hardcore used, particularly in mining areas.
• Signs include heaving and cracking of the floor, lumpiness and doming, traces of salts on the floor surface.

Question 530

Explain how you have (would) deal with a wood boring beetle infestation in a building.

Answer 530

• Identify the type of insect by reviewing the flight hole size and shape, the size and appearance of emerging beetles, the time of year adults are emerging, the size and shape of any frass, along with the location, type and moisture content of the timber.
• Furniture beetle/woodworm – brush treatment with organic solvent or micro-emulsion paste, fumigation with hazardous gasses, freezing and heating (smaller items), spray treatment (preservative), injection treatments. Infestation mostly restricted to residual sapwood and infestations will die if timber remains dry.
• Deathwatch beetle – determine if activity is current (paper over flight holes and monitor emergence annually). Rectify sources of water penetration, increase ventilation. Spray or brush treat infested surfaces with a spirit based insecticide. Coat accessible surfaces with preservative paste, drilling holes at 100mm intervals if appropriate to ¾ depth. Heat treatment the most effective and minimises damage to timber, by maintaining relative humidity at 50%, but expensive. Fumigation, reduce moisture and replace is necessary and pressure injection/gravity feed application.
• Weevil – no insecticide treatment – remove source of dampness, dry out and replace decayed timber.
• Longhorn beetle – organic solvent, micro-emulsion paste. Inspect and remove powdered material to determine extent, remove and burn affected timber and report to BRE.

Question 531

Explain how you would deal with a case of wet rot in a building.

Answer 531

• Undertake a detailed survey to identify the timber affected
• Isolate the affected timber from the source of moisture and dry out the area
• If advanced, the affected areas will need to be cut out and new sections spliced in.
• A moisture meter should be used to ensure that the full extent of the potential area of rot has been detected.

Question 532

Explain how you would deal with a case of dry rot in a building.

Answer 532

• Undertake a detailed survey to identify the areas of timber and masonry affected, which may need to include intrusive techniques.
• If the timber has been structurally weakened, replacement of the weakened timbers with preservative pre-treated timber, concrete or steel units is needed.
• As much decayed timber should be removed as possible – standard to cut out infected areas and 300mm of adjacent sound timber to ensure that the all of the affected timbers have been removed.
• Spores can remain dormant for up to 10 years and the source of dampness should be eliminated and the timber should be dried out to prevent further infection.
• Timbers at risk can be treated with preservative to prevent decay, but has to penetrate deep into the timber to be effective.
• Dry rot masonry fluid can be applied to the surface of damp and infected walls.
• 21st century approach to remove moisture, as dry rot cannot be sustained in dry timber. Recommended in historic buildings – dry rot can remain dormant even if it does not die.

Question 533

Your client owns a Grade I listed building and has found evidence of extensive dry rot. How might this be dealt with to cause minimum disturbance to the building?

Answer 533

• Provided the client is happy to take a small risk of reinfection while the property dries out, remove all sources of water penetration and dry out the area.
• Expose cavities as far as practical by lifting floorboards and leave exposed for as long as possible.
• Thoroughly clean out all debris and loose/unimportant decayed material from the zone of decay.
• Consider the installation of a remote moisture sensing system to detect any further wetting of the structure.
• Replace all decayed materials and paste treat all accessible softwood timber to within 100mm of decorated surfaces.
• Treat all embedded softwood timbers by partial exposure and paste application.
• Ensure insurance backed guarantees are sought rather than reliance on the installer’s own certificate.

Question 534

What are the symptoms and causes of wet rot?

Answer 534

• Dark brown colour to the timber
• Very damp conditions
• Cracks run longitudinally across the grain
• Fruiting body rarely found inside of buildings
• Causes are very damp conditions over 25% moisture content in timber and continually moist conditions e.g. faulty plumbing.

Question 535

Can you describe the typical rot lifecycles?

Answer 535

• Spores are released from a fruiting body
• The spores develop into hyphae which penetrate the wood
• A mass of hyphae gathers to form a mycelium
• The mycelium form together to create a fruiting body

Question 536

What are the common defects you might encounter in a suspended timber floor?

Answer 536

• Defective sleeper walls
• Inadequate ventilation
• Timber decay to joist ends
• Excessive notching

Question 537

What defects might you encounter with sleeper walls?

Answer 537

• Rotting of timber wall plate
• Frost action caused by wetting of the masonry
• Lack of insulation
• Inadequate DPC
• Drying of mortar joints will lead to shrinkage cracking

Question 538

What is a hollow clay pot floor?

Answer 538

• A floor system constructed of hollow clay pots and concrete as a means of constructing fire proof floors and reducing some of the dead loads of solid construction.

Question 539

How would you identify that a hollow clay pot floor was used?

Answer 539

• Common in post war years, so could feature in a building within that era
• They were used to form the voids between ribs in trough slabs.

Question 540

What are the issues with hollow clay pot floors?

Answer 540

• Voiding may occur to the concrete ribs while casting and due to the presence of the spacer bars you cannot see this take place
• The posts will spall and shatter due to uneven thermal expansion.
• This can lead to loss of strength and reduction in fire resistance.

Question 541

What are deleterious materials?

Answer 541

• Materials that are dangerous to health, cause failures in buildings and which are environmentally damaging.
• Examples include:
  o Asbestos
  o Brick slips
  o Lead paint
  o High alumina cement
  o Urea formaldehyde
  o Mundic bricks
  o Woodwool slabs
  o Calcium silicate bricks

Question 542

What is high alumina cement and why is it a problem?

Answer 542

• It is cement developed for its high early strength and its ability to resist chemical attack, particularly for marine applications. During the 1950s and 60s it was mainly used for the manufacture of precast prestressed components which could be manufactured quickly, offsetting the high cost. It was banned from structural use in the UK in 1976.
• HAC concrete undergoes a mineralogical change known as conversion. During this phase the concrete increases in porosity, which leads to a loss of strength and a reduction in resistance to chemical attack. The higher the temperature during the casting of the concrete, the more quickly conversion occurs.
• The strength of a highly converted concrete is extremely variable and substantially less than its initial strength (50%+).
• Vulnerable to acid, alkaline and sulphate attack where water and chemicals are present over a long period of time at normal temperatures.
• Chemical attack normally very localised and concrete typically degenerates to a chocolate brown colour and becomes very friable.
• Alkaline hydrolysis in a warm moist environment characterised by white powdery deposits and severe loss of strength and integrity.
• Due to sensitivity to moisture, the greatest risk lies in use of HAC in roof members.

Question 543

What defects might you expect to find in connection with calcium silicate bricks?

Answer 543

• Calcium silicate brickwpork (unlike clay) usually undergoes an initial irreversible shrinkage on laying (clay bricks expand). If movement control joints are missed or badly spaced diagonal cracking can occur. Thermal/moisture cracking often visible at changes in the sizes of panels e.g. long runs below windows coinciding with short sections between windows. Look out for thin bed cracks and wider cracks to vertical joints.
• Its use as a backing to clay brickwork (inner leaf of cavity wall) is likely to cause problems as a result of expansion of the clay bricks and contraction of calcium silicate brick. Do not confuse with subsidence of corrosion of steel frame.
• They are smooth, often creamy coloured bricks made from lime, sand and flint. Small particles of flint can sometimes be seen in cut bricks/weathered surfaces. Widespread use in 1960s and 70s, still manufactured and gaining popularity.
• Unrestrained thermal expansion
• Drying shrinkage higher than clay bricks
• Poor resistance to frost when contaminated by chloride (sea water) – not recommended for coastal areas.
• Severe cracking if left (often diagonal), which allows water ingress.

Question 544

What are the associated problems with leaving woodwool slabs in place to form part of the construction?

Answer 544

• Woodwool slabs were used as a type of temporary shuttering/formwork for pouring in situ concrete.
• Woodwool slabs are porous and have an open matrix decking which makes it an unsuitable permanent shuttering material.
• The in situ concrete fines will flow into the voids in the woodwool (honeycombing) leaving the rebar and aggregate unbound.
• This presents structural and fire hazards as the concrete is not adequately compacted.
• As the shuttering obscures honeycombing around the soffit and slab, and around the rebar, the extent of the voidage is impossible to gauge.
• The voidage may lead to structural or fire issues.
• The possibility of corrosion occurring to the rebar, especially in damp conditions is heightened.

Question 545

What remedial options would you advise your client on sighting suspected woodwool shuttering on a survey?

Answer 545

• Where voidage is excessive, the application of a spray gunite is required
• The fire resistance can be reinstated by the addition of boarding
• A structural engineer’s advice would need to sought.

Question 546

What is Regents Street Disease?

Answer 546

• The corrosion of steel framed buildings owing to poor corrosion protection during the original construction.

Question 547

How would you identify that Regents Street Disease has taken place and what are the factors which influence it?

Answer 547

• Visually, it is only identifiable at the advanced stages where displacement of the façade has occurred owing to the expansion of the steel below.
• The rate of corrosion will depend on the orientation of the building, weather and the type and thickness of the façade.
• Water and oxygen find its way into the structure through degraded mortar joints or faulty degraded surfaces such as cracked rainwater goods.
• Close proximity of mortar to steel, the expansion will cause reflective cracking in surface materials.

Question 548

What are the remedial options available for a building with Regents Street Disease?

Answer 548

• The affected areas of the façade have to be removed and replaced following treatment of the steel.
• This is expensive and not always practical
• If RSD is discovered in its early stages, cathodic protection could be used.

Question 549

What is HAC and where is it commonly used/found?

Answer 549

• High alumina cement can also be known as calcium aluminate cement (CAC)
• Commonly used in the 1950s-60s for the production of pre-cast and pre-stressed concrete elements, as it had high strength, good resistance to sulphate attack and cured in 24 hours, rather than 48 days.

Question 550

How can you identify HAC on site?

Answer 550

• The cement is a light brown/grey colour.

- Brown once converted

Question 551

What causes HAC to become a defective building component?

Answer 551

• Internal chemical reactions create voids in the cement matrix.
• Voids mean a reduction in strength and it becomes more porous.
• Porosity can cause corrosion of rebar, which can lead to a failure of the structure
• The failure of the structure is brought about by the increase of susceptibility to carbonation, sulphate attack and chloride attack.

Question 552

What are the remedies for buildings suffering from HAC?

Answer 552

-	A three stage investigation needs to be carried out on buildings suspected to have HAC.
o	Identification (rapid chemical test)
o	Strength assessment (sufficient structural capacity)
o	Durability assessment (determine long term durability where rebar affected by corrosion)

Question 553

When was HAC banned?

Answer 553

• 1974.

Question 554

What is Mundic concrete and what issues are there with it?

Answer 554

• Concrete manufactured from quarry shale and is commonly found in the west country for concrete blocks.
• Generally a loss of strength in damp conditions
• Mundic decay can take place which is where the sulphide minerals in the mine or quarried Mundic rock oxidise under damp conditions and produce sulphuric acid.

Question 555

What is the difference between subsidence and settlement?

Answer 555

• Subsidence is downward foundation movement caused by change in the site below the foundations, usually associated with volumetric changes in the subsoil. It occurs when the soil beneath a building is unstable and sinks downwards.
• Settlement is downward foundation movement caused by an application of load, usually occurring for a period of time immediately after construction or poorly compacted ground. It is caused by the weight of the building, but it can still have a negative impact on the overall structural stability.

Question 556

Explain the sequence of work involved in underpinning a strip foundation.

Answer 556

• Prior to commencing, notify adjoining owners (Party Wall etc. Act 1996), undertake an SoC of adjoining owners’ property, install tell-tales to any cracks so subsequent movement can be monitored, undertake a detailed ground survey of the area, remove imposed loads as far as possible and install props as necessary, identity, support and protect services as necessary.
• To prevent damage, settlement and fracture, work should be carried out in short lengths (legs or bays). These are generally in lengths of 1-1.5m for mass concrete strip foundations supporting traditional walls, or 1.5-3m for retained concrete strip foundations supporting moderate loadings.
• The sequence of bays should be arranged so that working in adjoining bays is avoided until one leg of the underpinning has been completed, pinned and cured sufficiently to support the wall above.

Question 557

What are the different types of ground movement?

Answer 557

• Subsidence
• Heave
• Settlement
• Differential settlement

Question 558

What indicators could you pick from a survey that the property might be suffering from the effects of ground movements?

Answer 558

• Cracks show internally and externally

- Floors slope, walls tilt and door and window openings distort.

Question 559

What is subsidence?

Answer 559

• The downward movement of a building’s foundation caused by the loss of support below the foundation.

Question 560

What are the effects of building on soft clays and silts?

Answer 560

• Soils if this type have very low strength which leads to low bearing capacities.

Question 561

What are the effects of building on sands and gravels?

Answer 561

• Sands and gravels have high permeability and frictional strength with a lack of adhesion.
• It may be necessary to consolidate this group of soils if excavations have to take place.

Question 562

What signs would indicate that subsidence has taken place?

Answer 562

• Diagonal cracking which is usually tapered (uneven width wider at the top) in the building’s structure/façade.
• Usually affects localised areas of foundations and not all of them as a whole.

Question 563

How is subsidence caused?

Answer 563

• Can occur when excessive water leaks into the soil with a higher gravel/sand content and washes away the foundations
• Mining which has sudden effects can be the cause of subsidence depending on the mining method
• Can occur on clay soils that shrink when their moisture content decreases due to trees, etc.

Question 564

What remedial measures are available for subsidence?

Answer 564

• Underpinning can be an option, but it is expensive and disruptive
• Guidance should be sought from a structural engineer

Question 565

What is heave?

Answer 565

• The mass upward movement of material as a result of expansion

Question 566

How might you identify that heave has taken place?

Answer 566

• There is an expansion at the corner of the building causing lifting through localised clay heave.
• Diagonal cracking that tapers (wider at the bottom)

Question 567

What are the typical causes of heave?

Answer 567

• Ultimately it is volume changes in clay soils which are a common cause of subsidence
• Felling a tree in the vicinity of the existing building, particularly in clay soils.
• Homes built on chalky soil which are unheated and unoccupied can be subject to heave

Question 568

How might you remedy the effects of heave?

Answer 568

• Seek advice of a structural engineer/geotechnical engineer.

Question 569

What is settlement?

Answer 569

• The vertical downward movement of ground due to the imposed loads of the foundations which occurs soon after construction.
• Settlement is caused by pressure which is applied to the sub-soil by a new building
• Any water within the subsoil is squeezed out by the new load

Question 570

How might you identify if settlement has taken place?

Answer 570

• Cracks occur at the junction between row elements.
• Wide cracks appear at the bottom of the building, often around doors and window openings and narrow cracks appear at the top of the building.

Question 571

How might you remedy the effects of settlement?

Answer 571

• If the cracking is above category 2 (5mm) then underpinning is probably required.
• The advice of a structural engineer should be sought for cracks over 5mm in width.

Question 572

What is differential settlement?

Answer 572

• Where unequal pressure occurs on the foundations arising from extensions or concentrations of loads e.g. chimneys.
• Bay windows with shallower foundations

Question 573

What are the typical defects associated with a Georgian building?

Answer 573

• Unbalanaced butterfly roofs
• Parapet gutter blockages with resultant damp ingress
• Alterations resulting in dampness, inadequate ventilation, wood boring insects, fungal timber rot.
• Defective slates and nail sickness
• Degraded chimney pointing
• Issues with flashings – often replaced with a cement wedge/tile on edge – recommend lead.
• Deterioration of tiles and corrosion to non-galvanised fixings
• Rotting lintel adjacent to a bay window roof – can be caused by leaking roof and can cause structural problems
• Dampness to solid walls.
• Soft red bricks used on walls and are susceptible to damage/deterioration from weather e.g. frost attack, especially if repointed with cement mortar.
• Movements to the bays of properties indicating little or no foundations.
• Re-pointing/re-painting may have caused the walls to stop being able to breathe, leading to spalling of the brick/stonework.
• Rot to sliding sash windows
• Improperly formed openings in trussed partitions
• Little or no foundations, which can be a problem in clay areas or where there are leaks.
• Drainage extended and older installations can cause issues.
• Lath and plaster ceiling issues where plasterboard is installed (cracking)
• Bouncy timber floors.

Question 574

When was the Georgian era?

Answer 574

• 1714-1837

Question 575

Can you name some key features of Georgian buildings and how might you recognise a Georgian building?

Answer 575

• Square built buildings – symmetry
• Roof and gutters are hidden behind a parapet wall
• Stucco render to imitate stone
• Large sliding sash windows with 6x6 panes of glass that get smaller as they go up the building.
• Lower ground floors.

Question 576

What is a butterfly roof?

Answer 576

• A roof which is not easily seen from ground level and features rafters which slope towards the centre of the roof from either side of a party or end of terrace wall. A valley gutter sits in the centre.

Question 577

How might you identify that the butterfly roof is unbalanced?

Answer 577

• The wall next to the roof leans out.
• Often seen at the end of terraces and mono-pitch additions.
• Caused by an unbalanced lateral thrust from rafters leaning against the wall causing creep deflection within the timbers.

Question 578

What is creep deflection?

Answer 578

• Creep in timber members relates to the elastic modulus (sagging) of timber and how stresses affect performance such as moisture content.

Question 579

How would you repair an unbalanced butterfly roof?

Answer 579

• Form a ridged triangle by bolting new posts between existing rafters and joists.
• Install straps between wall and ceiling joists at 1200mm centres.
• Provide diagonal bracing in the ceiling joists to resist horizontal thrust.

Question 580

How might you identify dampness to solid walls?

Answer 580

• A horizontal tide mark no higher than 1.5m from floor level
• Hydroscopic salts brought up from the ground are visible on the tide mark.
• Mould and flaking plaster/wallpaper.

Question 581

What are some of the causes of damp to solid walls?

Answer 581

• Georgian houses may have been repointed with Portland cement which encourages penetrating damp and is less porous than lime mortar, so evaporation is restricted.
• No DPC or defective DPC causing water to rise from ground level
• The height of the water table.

Question 582

What remedial measures would you suggest to cure dampness to solid walls?

Answer 582

• Install a DPC either chemically or physically.
• If the property is listed, install a perimeter French drain.
• Undertake internal repairs, such as replacing affected plaster and redecorating.

Question 583

What are the effects of creating inappropriate openings in Georgian buildings? What examples can you give of inappropriate openings in Georgian buildings? How would you address this problem?

Answer 583

• Where the property has been divided into flats and doorways are formed through partitions.
• Internal doors have become distorted and the floors sagging are also indicators.
• The diagonal bracing timber members can be severed by installing a new door opening which will lead to the floor sagging or eventual collapse.
• If the diagonal members are not severed, the spine wall footings which carry the floor joists and roof structure over large openings may settle and cause cracking.
• Remove the doorway and repair the diagonal timber members.
• If the doorway must stay, install a beam and provide additional strengthening methods.
• If long term settlement is the problem, investigate and undertake repairs to the floor joists.

Question 584

How could you tell if the timber floor is bouncy?

Answer 584

• Dropping the heel of your foot – if the windows and doors rattle and the furniture shakes, the floor is bouncy.
• Caused by excessive notching of joists for pipework.
• Herringbone strutting may have been relaxed over time or omitted entirely by new occupiers.

Question 585

What is herringbone strutting?

Answer 585

• Timber that was installed at 1/3 points across joists in a cross position that was tightened with folding wedges.
• Modern herringbone strutting is proprietary and can be metal instead of timber.

Question 586

How would you address bouncy timber floors?

Answer 586

• Strengthen the floor by adding extra joists.

- See Approved Document A for guidance, but estimate would be one extra joist for every three which are existing.

Question 587

What are the typical defects associated with a Victorian building?

Answer 587

• Distortion, dishing or sagging to old roof timbers – rot of timber purlns or crumbling brick party walls.
• Neglected chimney stacks with weathered bricks, loose pots and poor flashings.
• Leaking parapet walls – copings can be loose and rendered sides cracked.
• Defective gutters and downpipes causing dampness.
• Defective masonry to the walls – stone/brick weathered or cracked as a result of structural movement. Lintel construction often poor and walls are often repointed using cement mortar or are covered with a cement based render (should be lime finish)
• Poor sub-floor ventilation – should be good vents in front and rear of the house.
• Raised ground levels are a common cause of dampness and should be 150mm below floor levels.
• Rot to timber floors – common at ground level due to raised ground levels and poor ventilation.
• Dampness to the walls inside.
• Removal of lateral support from one terraced house to another (book end effect)
• Rotten and paint sealed windows
  Nail sickness to roof slates
• Spalled brickwork
• Lack of restraint to flank walls
• Rotten floor joists and dry rot to ground floors
• Deterioration of filler joisted concrete slabs

Question 588

When carrying out a survey of a Victorian house, what potential pathology issues could lead to damp problems in the building?

Answer 588

• Penetrating damp entering into modern non-porous renders and getting trapped.
• Leaking gutters and downpipes causing penetrating damp.
• Rising damp where external ground levels are raised or where external boundary walls abut the external elevations.
• Roof leaks due to degraded flashings or slipped slates.
• Reduced ventilation due to double glazed windows.
• Often no consideration given to ventilation of sub-floor void when Victorian properties are extended.

Question 589

What action might be necessary to free up sliding sash windows that are sticking?

Answer 589

• Avoid forcing a sash to move because it could cause damage.
• Sashes sometimes stick, jam or fail to move fully for various reasons, including:
• broken sash cords
• paint accumulation, (requiring removal not only from the running surfaces, but also pulleys),
• a poorly positioned or distorted bead guiding a sash.
• It could be necessary to free weights that are fouled, remove debris impeding their movement in the weight pockets or trim a warped sash to allow it to slide properly.
• Rubbing beeswax, candle wax or soap along the sash edges makes opening/closing easier.
• Seasonal binding through humidity induced swelling should be tolerated, unless it indicates redecoration is needed.

Question 590

Whilst involved in refurbishing a Victorian house you discover there are bats in the roof. What would you do?

Answer 590

• If works are underway, pause all works on discovery.
• Seek advice from Natural England or an ecological consultant.
• Undertake a bat survey, including details of roosts, where and what species.
• Compile a mitigation plan/method statement detailing any works on site that may impact bats and how they can be mitigated – to be shared with architects and/or building contractors.
• Incorporate the bat survey report and mitigation plan/method statement into the planning application.
• Apply for planning permission and a Protected Species mitigation licence from Natural England before works commence.
• If granted, carry out works with ecologist supervision and other required working methods detailed in the method statement.
• Mitigation methods include altering work methods or timings to avoid bats, creating/improving roosts, creating/improving foraging or commuting habitat and monitoring the roost sites after development.
• Compliance check to ensure that mitigation is properly being implemented
• Monitor the site to check the response of the bat population to the mitigation.

Question 591

Your client’s Victorian building has solid brick external walls. There are a number of diagonal cracks in different parts of the building. What action would you take?

Answer 591

• I would make a note of all the cracks, look at the proximity of trees, lines of drains and establish the soil type.
• I would then monitor the cracks and look internally to establish if the cracks are current or historic.
• If it is deemed that the cracks are active, and that subsidence is likely, I would recommend that my client consults a structural engineer.

Question 592

What factors would lead you to recommend re-covering a slate pitched roof rather than patch repairing?

Answer 592

• If over 20% of the roof slates are damaged it is worth re-roofing as it would be uneconomical to patch repair the roof.

Question 593

When was the Victorian period?

Answer 593

• 1837-1901

Question 594

What features define a Victorian building?

Answer 594

• Buildings were pointy with steep roofs.
• More ornate features, such as corbelling and decorated fascia boards.
• Timber window panes were larger (6x4) panes
• Ground floor bay window often had its own roof.
• Stained glass was used in this period generally above doors and at the tops of windows.

Question 595

What is nail sickness?

Answer 595

• Numerous slates progressively slipping out of place due to failure of the poor quality galvanised or iron nails.
• The nails holding the slates in position corrode due to exposure to the elements resulting in slipped slates.

Question 596

What would you recommend to address a roof suffering from nail sickness?

Answer 596

• Isolated repairs in minor incidents – refix the slates using aluminium or copper fixings.
• Replace all of the slates if more than 15-20% of the roof is suffering from nail sickness.

Question 597

What are the causes of spalled brickwork?

Answer 597

• It can occur in older bricks and those under burnt during firing.
• It occurs near the surface of the bricks as moisture gains easy access.
• Frost attack then takes place which requires regular freeze and thaw cycles when the material is wet. The expansion caused by the freezing of the trapped water causes the brick to break/spall off.

Question 598

How would you remedy sections of spalled brickwork?

Answer 598

• Remove the source of wetting i.e. repair leaking rainwater goods
• Cut out and replace the defective sections of brick in isolated locations.

Question 599

What are the symptoms of a lack of restraint to flank walls and what other term is used to describe this defect?

Answer 599

• The ‘book end effect’
• Leaning flank and party walls.
• Vertical cracks in the front and rear elevations
• Gaps appearing between floor and party walls.

Question 600

What are the causes of book end effect?

Answer 600

• Lack of movement joints in terraces.
• Contraction near walls at window openings.
• Brick fragments fall into the cracks and prevent closure on expansion
• After cyclical movement the flank and party walls are pushed further away so that they are out of plumb.

Question 601

What would you recommend to address a Victorian building suffering from the book end effect?

Answer 601

• Cut movement joints into long sections of brickwork terrace walls at 12-15m centres
• Undertake repairs to the cracks, windows, etc. as required.

Question 602

What are the symptoms to dry rot to timber ground floors?

Answer 602

• Timber joists become dry and crumbly, lightweight with a light brown colour.
• Deep cuboidal cracking appears on the timber.
• Mycelium appears along with a musty smell and yellow staining to the timber.
• Spores appear like a fine layer of red dust over the timber and substructure brickwork.
• The fruiting body is pancake shaped with a white margin.
• Blocked air vents and no DPC are the most common causes

Question 603

How would you remedy an outbreak of dry rot in a Victorian property?

Answer 603

• Eliminate the source of moisture and promote rapid drying
• Remove all rotten wood and up to 450mm of sound, adjacent wood
• Treat all surrounding timber and brickwork with a preservative
• Splice in and install new treated timbers and coat with a preservative
• Improve the ventilation pathways if possible.

Question 604

What are filler joisted concrete slabs and what are the signs of its deterioration?

Answer 604

• Clinker concrete was used in the Victorian period.

- Straight cracks in soffits and at regular intervals across the ceiling indicates steel filler joists.

Question 605

What is the cause of the deterioration?

Answer 605

• When clinker concrete is wet, it draws out acids from the incumbent coal in the clinker concrete, which corrodes the steel filler joists.
• Steel expands when corroded and the expansion pushes the concrete cover off and forces the slabs apart.

Question 606

How would you address the deterioration of filler joisted concrete slabs?

Answer 606

• Replace any corroded sections or the entire beam if necessary and make good.
• All water ingress should be stopped and the expanded steel treated to prevent further corrosion with a Sika product.

Question 607

What defects are common to Victorian and Georgian buildings?

Answer 607

• Sulphate attack of mortar
• Partially removed chimney breasts
• Rotten joist ends

Question 608

How would you identify if sulphate attack had occurred in mortar?

Answer 608

• Bulging walls
• Distorted chimney stacks
• Cracked/loose mortar
• Friable mortar joints and loss of bond

Question 609

Can you tell me what causes sulphate attack in brickwork? How would you remedy sulphate attack?

Answer 609

• In superstructure brickwork, driving rain/moisture which has become trapped in render saturates the clay bricks and transports soluble sulphates from brick to mortar
• In substructure brickwork sulphates can form from ground water movement and through capillary action, enter the brickwork and cause damage by expansion of the mortar and distortion of the wall.
• Eliminate the source of water and replace the affected bricks where necessary
• Where the wall cannot be prevented from being wetter, say an elevation wall, and the bricks have a high sulphate content, demolish the wall and rebuild with sulphate resistant bricks and mortar.

Question 610

Name three protected species other than bats?

Answer 610

• Dormice
• Great crested newts
• Breeding birds including barn owls
• Badgers

Question 611

Where would you go to find out if a species is protected?

Answer 611

• DEFRA (Department for Environment, Food and Rural Affairs), Natural England or the Environment Agency

Question 612

Is it only animal species that are protected?

Answer 612

• Trees can be protected by a Tree Preservation Order.

Question 613

What is Radon and in which areas of the UK are you most likely to come across it?

Answer 613

• Radon is a colourless, odourless, tasteless naturally occurring radioactive gas produced from the radioactive decay of uranium found in all rocks and soils. It escapes from the ground into the air, where is decays and produces further radioactive particles, with concentrations higher indoors and with areas of minimal ventilations.
• It enters buildings through cracks in the floors or at floor-wall junctions, gaps around pipes or cables, small pores in hollow block walls, cavity walls, sumps or drains. Concentrations generally higher in basements.
• It can occur in any region of the UK, but is most prominent in Wales and the South West of England.
• It is one of the leading causes of lung cancer
• Reducing it can be done by increasing under-floor ventilation, installing a radon sump system in the basement or under a solid floor, sealing walls and floors with a polythene impermeable gas barrier/radon barrier

Question 614

Give an example of an interesting pathology issue that you have had to deal with.

Answer 614

• During a dilapidations assessment of a boarding school in Sussex I identified low level tide marks, discolouration and mould to the external walls, damage to the timber skirtings and doors, and staining and mould to the carpets. I reviewed the external elevations and established that the damp proof course had been breached by a tarmacadam path and that loose shingles had blocked a number of ventilation bricks.
• I notified my client of the disrepair and recommended that the tarmacadam path be redesigned to ensure that external ground levels are lower than the dpc and that the ventilation bricks were cleared of all loose shingles. Replace all damaged plaster internally.
• Perimeter drain, insert a new DPC if these methods do not resolve the issue (physical or chemical insertion)

Question 615

What methods could you have used to confirm whether it was rising damp and the level of dampness?

Answer 615

• Electrical resistance method – easy to use, rapid results, non-destructive, pinpoints damp contours up to 1.5m, readings should drop quickly above peak dampness, high MC in timber skirtings, high readings at base of wall and gradually reducing higher up. Usually calibrated to timber and calculations are needed for use in brick/plaster. It only reads surface moisture (unless deep probes are used) and naturally occurring soluble salts give false positive readings and foil backed plaster can give 100% relative reading. Best use is as a comparison to see changes over time.
• Drilling techniques – generally used on masonry – need a standard percussion drill and device to catch the drill dust. Weigh it in a lab, dry it and weigh it again to calculate the moisture content. Samples through the depth of the wall.
• Calcium carbide test – variation of drilling, but provides a quick and relatively accurate on-site determination of MC. Samples are inserted with calcium carbide into a pressurised vessel to provide almost an instant reading.
• Removable cores and samples – cylindrical core cutter used. Goes to lab where it is sliced up and weighed, reinserted back into the wall and left for a period of time, when it can be re-tested. Sophisticated but accurate method
• Environmental monitoring – installing sensors which relay measured data on moisture, temperature, relative humidity and air movement. High cost.

Question 616

How would you determine if a drainage run was free from breaks or blockages?

Answer 616

• Visual inspection of the surrounding ground levels to see if there are any uneven surfaces.
• Review the drain inspection covers to see if it is full or empty of water to determine where blockages are.
• Undertake a CCTV drainage survey.

Question 617

What steps would you need to take if your client wanted to build in an area where Radon gas was present?

Answer 617

• Tank the basement and use a sump system to ensure the radon is emitted from the property.

Question 618

Can you name some invasive weeds?

Answer 618

• Japanese Knotweed
• Giant Hogweed
• Himalayan Balsam
• Ragweed

Question 619

How do you identify Japanese Knotweed?

Answer 619

• Forms in dense clumps up to 3m tall
• During the spring it presents red tinged leaves and in summer, purple with green specs.
• Often found near railways, riverbanks and derelict sites.
• Stem is bamboo like and the rhizomes are thick and orange internally.

Question 620

What Act governs the disposal of Japanese Knotweed?

Answer 620

• Wildlife and Countryside Act 1981.

Question 621

What remedial actions are available to your client when considering dealing with Japanese Knotweed?

Answer 621

• Excavation
• Root barrier
• Herbicide control

Question 622

Explain the excavation of Japanese Knotweed.

Answer 622

• Dig a large hole of no prescribed dimensions ensuring that the rhizomes are chased out
• The risk with this method is that even a tiny fragment of the plant is enough for it to grow again.

Question 623

What can you do with the waste following removal of Japanese Knotweed?

Answer 623

• Bury the waste at source
• Bury the waste at an authorised landfill site (contact the Environment Agency and the landfill site in advance)
• Burn it

Question 624

What must you do when you intend to bury Japanese Knotweed waste at source?

Answer 624

• Check with the Environment Agency
• Bury the waste to a depth of at least 5m.
• Cover the remains with a root barrier membrane so that it does not allow the plant to grow.
• Where 5m is not possible to dig to, the waste should be wrapped completely in a root barrier membrane and dug to a depth of 2m.

Question 625

Tell me about burning Japanese Knotweed waste on site.

Answer 625

• Farmers can burn the waste on site, but they must tell the Environment Agency at least one week before and their local environmental health officer.
• As an individual you can burn on site once you have checked with the local council that burning is allowed.
• The waste can survive burning so you will then need to dispose of that waste.

Question 626

How do herbicides work when treating Japanese Knotweed?

Answer 626

• Regular spray application of approved chemicals over 3-4 growing seasons to gradually kill off the plant.
• The underground rhizomes will not disappear, but will become dormant.
• Mechanical disturbance is often used to shorten the programme as each section is broken up.

Question 627

How might you identify giant hogweed?

Answer 627

• In spring and summer it can grow up to 5m tall and has an umbrella shaped white flower head
• The thick stem has sharp bristles with purple spots
• In winter the stem is cream and bamboo like.
• • Dangerous to human health
• Red rash and blistering within 24-28 hours of contact
• Humans often unaware of touching leaves and becoming affected as it is painless

Question 628

How long would you expect concrete tiles to last for?

Answer 628

• 65 years

Question 629

How long would you expect steel to a pitched roof to last for?

Answer 629

• 40 years

Question 630

How long would render typically last on a masonry wall?

Answer 630

• 50 years

Question 631

How long would you expect reinforced concrete to last for upper floor construction?

Answer 631

• 80 years

Question 632

How long would you expect pre-cast concrete to last for upper floor construction?

Answer 632

• 70 years

Question 633

How long would you expect boilers to last for?

Answer 633

• 20 years

Question 634

How long would you expect air conditioning units last for?

Answer 634

• 15 years

Question 635

What does the new RICS guidance note 2022 advise for Japanese knotweed?

Answer 635

• Confirms focus on structural, nuisance and amenity impacts
• A new metric (A-D) based on impacts (management categories, not risk)
• A structured approach to estimating impact on value (Red Book)
• Signposts ‘best practice’ management
• Recommends insurance backed guarantees
• Logical process to determine management strategy

Question 636

What is an RCA?

Answer 636

• An appraisal of establishing the hypothetical cost to reconstruct a building from scratch to modern building regulations, but keeping the visible exterior and standard fit out in the interior more or less the same. The purpose is to ensure that the property has the appropriate level of insurance.

Question 637

How is the reinstatement cost calculated?

Answer 637

• The building is measured, following IPMS 2
• The surveyor reviews plans for the building
• The surveyor examines the building components externally and internally and make reasonable assumptions based on their knowledge and experience of buildings regarding superstructure, frame and hidden structural composition of the building.
• The surveyor carries out an elemental take-off, calculating what the different parts of the building would cost in a fair market to form the basis of a raw calculation.
• These figures are updated from the year/financial quarter the data originated to the current quarter using the tender price index.
• Demolition costs, planning and statutory fees are then included, along with any considerations, such as whether the building is listed, proximity to underground lines, etc.
• Reach the ‘day one reinstatement’ figure known as the declared value (equivalent of fixed price, lump sum, competitive tender submitted by a suitable/competent contractor).

Question 638

How often should an RCA be done?

Answer 638

• RICS advises that a major review should be undertaken every 3 years or earlier should significant alterations be made, with annual adjustments made to reflect inflationary effects. Desktop reviews could be undertaken yearly.

Question 639

What is purpose of undertaking an RCA?

Answer 639

• Ensure buildings/estates are adequately insured in the event of a claim
• To avoid over insurance e.g. based on capital value
• To avoid distortion through index linking
• To comply with the lease and best practice.

Question 640

What information is needed for an RCA to be completed?

Answer 640

• An accurate address
• Access to all areas of the property
• Scalable plans
• Health and safety files
• Previous RCAs, SoCs, schedules of areas

Question 641

If the value of the RCA is found to be inaccurate, what are the potential implications?

Answer 641

• The client is paying too much for insurance premiums and could result in a claim against the landlord/freeholder
• If it is undervalued, this would severely affect a pay out from the insurer in the event of a claim.
• Important to ensure that the surveyor is suitably qualified.

Question 642

Do RCAs include all plant and equipment, such as a communal boiler system or a lift?

Answer 642

• Yes – if it is fixed to the building, then it is included.
• Chattels and anything that could conceivably be considered to be part of the contents of a building are excluded. Sometimes all commercial fit outs are excluded apart from a Cat A fit out.

Question 643

Do RCAs on listed buildings require a different approach?

Answer 643

• They cannot be valued using the generic functional unit rate method as specialist period construction is not readily available in pricing books or databases.
• Specialist firms may have in-house data or the general figures could be uplifted to increase the provision on a percentage basis.

Question 644

What information is required to accept an RCA instruction?

Answer 644

• Clarify that an RCA for insurance purposes is required and not a valuation or survey
• Establish extent of what is to be insured, esp. with respect to fixtures and fittings and external areas - the extent should be confirmed in writing in case there is a dispute later.
• Clarity on the date of the forthcoming renewal
• Other background information – original construction drawings, photos etc.

Question 645

How do you undertake an RCA inspection?

Answer 645

• Make a general inspection of the property to confirm the extent of the property conforms to the description provided by the client.
• Assess the age of the building or make an assumption
• Consider if there are any restrictions to demolition /rebuilding – buildings in occupation, party wall issues, temporary protection, proximity to public transport infrastructure and city congestion zones.
• Likelihood of deleterious materials
• Take sufficient notes, photos, measurements and sketches to record the layout of the building, measurements (IPMS 2/GIFA), schedule of accommodational use, summary of the building’s construction, ceiling heights , services, external areas, boundaries, specialist features, topography.

Question 646

What are the different types of RCA reports?

Answer 646

• Day one reinstatement – most are insured on what is commonly known as day one reinstatement basis – insurance settled on a new for old basis. It involves a declared value and an inflation provision.
• Reinstatement including inflation provision
• Reinstatement less wear and tear (indemnity basis)
• Obsolete buildings
• Site clearance, debris removal and ‘making safe’ costs only
• Second hand value of building materials

Question 647

How do you ensure the costs are accurate on an RCA?

Answer 647

• Determine IPMS 2 measurements of the building and the net rebuilding cost is calculated by multiplying the gross internal area of the building by a suitable rate for its reconstruction.
• Use BCIS, SPONS and other in-house tendered price data to establish costs.
• Location of the property should be considered
• Listing has an impact on costs
• Conservation area restrictions will also have an impact on cost levels and timescales.
• Access restrictions should also be considered.
• Professional fees – party wall surveyors and fees for undertaking the reconstruction.

Question 648

What considerations should you take into account when compiling an RCA?

Answer 648

• Whether the building is listed/in a conservation area
• Is in close proximity to infrastructure, e.g. tube lines
• Proximity to neighbours, congestion, difficult of access
• Location
• Deleterious materials

Question 649

How is an RCA calculated?

Answer 649

• Day one reinstatement (declared value)
• Calculate GIA (IPMS 2) and apply a suitable BCIS re-building rate
• Apply location adjustment
• Make adjustments based on site specific factors
• Select a demolition rate
• Make allowance for fees
• VAT excluded

Question 650

What is a portal frame and when is it used?

Answer 650

• A type of frame where the beams and columns act as one, reducing beam thicknesses and allowing for larger spans. The joints between the beam and columns are rigid so that the bending movement in the beam is transferred to the columns.
• Became popular in the 1960s
• Used to create wide-span enclosures such as warehouses, agricultural buildings, hangars, sports venues, large retail units, etc.

Question 651

What are the advantages of portal frames?

Answer 651

• Quick and easy to build
• Cost-effective
• Can be used for multiple purposes
• Low maintenance
• Aesthetically pleasing
• Structural efficiency – large spaces enclosed with little use of materials and for a low cost.

Question 652

How is composite metal cladding fixed to a steel frame?

Answer 652

• It is fixed to the secondary steelwork consisting of side rails and purlins for the walls and roof respectively.
• Proprietary fasteners (self-tapping or self-drilling) can be used to connect sheeting to supporting steelwork and connect adjacent sheets. They are either plated carbon steel or stainless steel covered with plastic cappings.

Question 653

What are portal frames typically constructed of?

Answer 653

• Steel
• Reinforced precast concrete
• Laminated timber (glulam)

Question 654

What are some types of portal frame?

Answer 654

• Pitched roof symmetric portal frame
• Portal frame with mezzanine floor
• Tied portal frame
• Mono-pitch portal frame
• Mansard portal frame
• Propped portal frame

Question 655

What span does a portal frame offer?

Answer 655

• Between 15 and 50m
• Clear height to the underside of the haunch of 5 and 12m
• Roof pitch of 5-10°
• Light gauge purlins and side rails

Question 656

What fire resistance is required in a portal frame construction?

Answer 656

• In the UK a structural steel single storey building does not normally require fire resistance.
• Most common situation it is required it where prevention of fire spread to adjacent buildings is required.
• Also where the portal frame is close to the boundary, fire resistant cladding, fire protection to the steel up to the underside of the haunch.

Question 657

What is the purpose of bracing to the warehouse?

Answer 657

• Bracing is required to resist longitudinal actions due to wind and cranes, and to provide constraint to members.
• Vertical bracing in the side walls of the frame
  o Transmit horizontal loads to the ground
  o Provide a rigid framework to which side rails and cladding may be attached so that rails can provide stability to the columns.
  o Provide temporary stability during construction.
  o May be located at one or both ends of the building, within the length of the building or in each portion between expansion joints.

Question 658

When was the Edwardian period?

Answer 658

1901-1914

Question 659

Describe Edwardian construction type.

Answer 659

• Use of steel or reinforced concrete frames allowing architects to free walls from structural constraints and classical forms.
• Fabricated walls could be clad in brick/stone or cased in concrete. Concrete floors could remain visible as bands across the brick faced façade.
• Edwardian French, baroque.

Question 660

What is the purpose of the approved documents?

Answer 660

• They provide guidance for how the building regulations can be satisfied in common building situations. There is no obligation to adopt the solutions presented in the approved documents - the building regulations can be satisfied in other ways.

Question 661

What impact do building regulations/approved documents have on design?

Answer 661

• They ensure the requisite standard and quality of building construction is maintained, and ensure that design work considers fire safety, detailing and accessibility and sustainability.

Question 662

What are the main approved documents?

Answer 662

• A – Structure – requires buildings to be designed to be structurally robust and not impair the structural stability of other buildings. It stipulates design standards for use on all buildings and gives simple design rules for most masonry and timber elements for traditional domestic buildings – includes roof frames, brick walls and tables of material strengths.
• B – Fire Safety – covers precautionary methods necessary to provide safety from fires for building occupants, persons in the vicinity of buildings and firefighters. Requirements and guidance covers means of escape, fire detection and warning systems, the fire resistance of structural elements, fire separation, protection, compartmentation and isolation to prevent fire spread, control of flammable materials and access and facilities for firefighting.
• C – Site preparation and resistance to contaminants and moisture – weathertightness, watertightness of buildings, subsoil drainage, site preparation and measures to deal with contaminated land, radon, methane and all other site related hazardous and dangerous substances.
• D – Toxic substances – controls hazards from the toxic chemicals used in cavity fill insulation systems.
• E – Resistance to the passage of sound – requirements for sound insulation between buildings, including new dwellings, conversion of buildings to form dwellings.
• F – Ventilation – includes standards for ventilation, air quality for all buildings and requirements for the prevention of condensation.
• G – Sanitation, hot water safety and water efficiency – standards for the provision of sanitary and washing facilities, bathrooms and hot water provision. Requirements in respect to unvented hot water systems.
• H – Drainage and waste disposal – guidance on adequate drainage and also deals with pollution prevention and sewage infrastructure and maintenance. Technical design standards cover sanitary pipework, foul drainage, rainwater drainage and disposal wastewater treatment and discharges and cesspools.
• J – Heat producing appliances and fuel storage system – construction, installation and use of boilers, chimneys, flues, hearths and fuel storage installations. Requirements to control fire sources, prevent burning, pollution, carbon monoxide poisoning, etc.
• K – Protection from falling, collision and impact – standards for the safety of stairways, ramps and ladders, together with requirements for balustrading, windows and vehicle barriers to prevent falling. Also, guarding against and warning of hazards from the use and position of doors and windows.
• L – Conservation of fuel and power – Insulation values of buildings elements, the allowable areas of windows, doors and other openings, the air permeability of the structure, heating efficiency of boilers, hot water storage and lighting. Controls mechanical ventilation and air conditioning systems, space heating controls, airtightness tests of larger buildings, solar emission. Certification, testing and commissioning of heating and ventilation systems and requirements for energy meters. Carbon index ratings.
• M – Access to and use of buildings – requires the inclusive provision of ease of access to, and circulation within, all buildings, together with requirements for facilities for disabled people.
• O – Overheating – overheating mitigation requirements for new residential buildings.
• P – Electrical safety – design, installation, inspection and testing of electrical installations in order to prevent injuries from electrical shocks and burns, and to prevent injuries arising from fires due to electrical components overheating or arcing.
• Q – Security – dwellings - reasonable provision to resist unauthorised access to any dwelling.
• R – High speed electronic communications networks – new requirement for in-building physical infrastructure which enables connections to broadband networks.
• 7 – Materials and workmanship – requirement to carry out building work using the proper materials and in a workmanlike manner.

Question 663

What did the December 2021 revision to Approved Document L change?

Answer 663

• Requirement for new homes to produce 30% less CO2 than current standard and a 27% reduction of emissions from other new buildings, including offices and shops.
• Comes into effect 15 June 2022
• Paves the way for Future Homes and Building Standards in 2025, which means all future homes are net zero ready and will not need retrofitting.

Question 664

What do the buildings regulations set out?

Answer 664

• what qualifies as building work and so falls under the control of the regulations
• what types of buildings are exempt (temporary buildings).
• The notification procedures that must be followed when starting, carrying out and completing building work.
• Requirements for specific aspects of building design and construction.

Question 665

What is the typical construction of a 1970s commercial/industrial building?

Answer 665

• Single skin asbestos roof
• Pre-cast concrete frame
• Single skin masonry or cavity with single skin asbestos sheets
• Cast in situ concrete slabs
• Asbestos rainwater goods
• Single glazed aluminium windows.

Question 666

What is the typical construction of a 1980s commercial/industrial building?

Answer 666

• Built up insulated roof with metal profiled sheets and PVC-u or PVF2 finish – issues with corrosion etc.
• PVC-u rooflights – solar degradation
• Steel frame
• Cavity and built up metal profiled cladding sheets.
• Cast in situ concrete floor
• Double glazed windows
• Siphonic rainwater systems – issues being undersized
• Issues with corrosion/movement with metal used.

Question 667

What is the typical construction of a 1970s office building?

Answer 667

• Flat roof, cold deck, no insulation – lack of insulation which causes interstitial condensation.
• Concrete frame – HAC, carbonation, ASR, chloride attack, sulphate attack
• Pre-cast concrete or cast in-situ floors
• Infill cladding panels – movement between different materials i.e. cladding and frame
• Single glazed aluminium framed windows – heat loss
• Deleterious materials

Question 668

What is the typical construction of a 1980s office building?

Answer 668

• Insulated flat roof with no vapour barriers – interstitial condensation
• Steel frame – susceptible to corrosion/lack of fire protection
• Double glazed windows – gaskets and units fail
• Curtain walling – issues with water ingress and gasket/mastic failure (glass lasts 60-70 years , but gaskets fail in 20)
• Some deleterious materials remain – lead/asbestos

Question 669

Name some different types of foundations.

Answer 669

Shallow foundations
- Pad (support point loads from frame - typically at 3-5m centres)
- Strip (low rise up to 3 storeys - trench to minimum depth of 1m)
- Raft (spread load over entire building where ground bearing capacity low)
Deep foundations
- Piles (medium and high structures & basements)

Question 670

Name some different types of piled foundations.

Answer 670

• Bored or augered replacement piles (Continuous Flight Auger)
• Preformed Driven Piles (displacement)
• Sheet piles (retaining walls/basements)

Question 671

What is the purpose of foundations?

Answer 671

• To safely sustain and transmit to the ground combined dead, imposed and wind loads to prevent movement which would impair the stability of the building. The safe transmission of the load to the ground should take place without differential settlement or any settlement that could adversely affect the neighbouring or surrounding buildings and structures.
• Foundations are designed to sustain and transfer dead and live loads
• Resist the movement of soils so that swelling, shrinkage of cohesive soils or expansion due to freezing of water in clays does not affect the stability of the building.
• Remain durable, resisting attacks from salts and chemicals in the ground.
• Can be designed to resist the passage of heat transfer.

Question 672

What methods are used to form a basement?

Answer 672

• Masonry wall system (engineering brick - largely replaced with cavity walls of dense concrete blockwork)
  Cast in-situ reinforced concrete
  Pre-cast reinforced concrete modular units (slot together)
  Steel sheet piling (interlocking temporary or permanent basement walls)
  Contiguous and secant piling (augered piling at close centres to form a concrete wall) Must be secant if it needs to be waterproof.
  Diaphragn walls (reinforced concrete constructed ahead of main excavation - panels of 2-4m widths and 20m deep)

Question 673

What methods can be used to waterproof a basement?

Answer 673

Mastic asphalt tanking (continuity important)
Bonded sheet membranes
Liquid applied membranes
Structurally integral protection (impervious concrete)
Drained protection (cavity drain)

Question 674

What is the difference between VRF, VRV and VAV when discussing air conditioning systems?

Answer 674

VRF - variable refrigerant flow (Daikin copyright but same as VRV)
- ductless mini split units - use refrigerant as cooling and heating medium
- refrigerant conditioned by condenser/s and circulated.
VAV - Variable air flow - satisfies individual cooling requirements of multiple zones by localised regulation - air supplied at constant temperature from central plant - features an AHU.

Question 675

What are the main types of fire alarm system categories?

Answer 675

M - Manual
P - Protection for the property (P1 & P2)
L - Life protection (L1-L5)

Question 676

If a client requested replacement of a natural roof slate covering with cement tiles, what would you advise and what would be the considerations?

Answer 676

• I would try and understand their motivations for this alteration.
• If cost is the key driver, I would advise that although natural roof slate is more expensive, cement tiles would weigh considerably more than the slates, and a structural engineer would need to be involved to ensure that sufficient structural support is installed to accommodate this, bringing up the cost.
• Aesthetically, I would also highlight that these may affect the appearance of the property if this is out of keeping with the type of property, and they tend to weather poorly.
• There is also a greater environmental cost to the production of cement.

Question 677

Name three different types of pitched roof truss.

Answer 677

• King post
• Queen post
• Hammerbeam

Question 678

What is the difference between a hipped and pitched roof?

Answer 678

• A hipped roof is a type of roof where all sides slope downwards to the walls, usually with a fairly gentle slope. It has no gables or other vertical sides to the roof. It is self-bracing, requiring less diagonal bracing than a gable roof. Gable roofs only have 2 triangle-shaped slopes that extend from the bottom of the roof’s eaves to the peak of its ridge.
• A pitched roof is a roof that slopes downwards, typically in 2 parts at an angle from the central ridge.

Question 679

What are the advantages of constructing a warm flat roof over a cold flat roof?

Answer 679

The cold roof has a vapour control layer beneath the insulation to reduce the risk of condensation to the underside of the weatherproof layer, but the difficulty of ensuring the integrity of the VCL leads to the need to ventilate the roof space and reduce condensation risk. The warm flat roof is a simpler construction as ventilation is not required, is cheaper and has a reduced probability of thermal bridging and condensation through the roof joists and hangers, as the insulation is continuous, rather than placed between the joists in cold roofs. It is the best option for the UK climate due to high levels of humidity, as there is likely to be insufficient ventilation to the cold roof.

Question 680

Name four different types of covering for a flat roof.

Answer 680

• Mastic asphalt
• Bitumen felt
• Singly ply membranes
• EDPM (Ethylene Propylene Diene Monomer) rubber roofing
• Glass reinforced plastic
• Liquid applied coating.

Question 681

Name two ways by which a single ply membrane can be fixed.

Answer 681

• Mechanical fastenings. These secure the single ply membrane over the top of the insulation and vapour control later, and are fastened in place to the roof deck.
• Adhesive bonding. In the past it was necessary to secure roof membranes with hot melt adhesive, but now it can be fully adhered by applying cold adhesive.
• Full and partial bonding.

Question 682

How are slates fixed to a pitched roof?

Answer 682

They are normally fixed with 2 nails per slate, centre nailed, and a further fixing is used to secure the bottom edge of each slate to prevent it lifting in high winds or due to thermal expansion.

Question 683

What is a counter-batten and when it is used?

Answer 683

They are wooden strips that are installed vertically over pitched roofs to which horizontal tiling battens are attached. They are used to allow rainwater to pass off the tiles and away from the roof.

Question 684

How would you repair a leaking parapet gutter on an industrial unit? Brand/manufactures/cost:

Answer 684

• HD Sharmans’ Plygene gutterline system - £86/lm.

- Apply a new silicone coating - £55/lm (HD Sharmans’ seamsil)

Question 685

Where does the vapour control layer sit in a warm roof construction?

Answer 685

Beneath the insulation, but above the decking.

Question 686

What is the disadvantage of single ply membranes?

Answer 686

• Over time single ply membranes can shrink, become brittle and lose elasticity, resulting in seam failure.
• They are subject to damage from wind uplift, which can tear off sections of the membrane.
• Blisters can result from localised loss of adhesion with water getting trapped.
• It shrinks over time, placing stress on flashings and resulting in tears/cracking.
• It is easily punctured, and the thin layers are not very durable, so gravel/loose screws can rip through them.
• It is vulnerable to leaks, although they are generally sealed pretty tightly with adhesives, tape or mechanical fasteners.
• It is sensitive to UV degradation and can degrade quickly, opening the roof up to damage, tears and leaks.

Question 687

Why are collars installed between rafters?

Answer 687

• A collar tie is a tension tie in the upper third of opposing gable rafters that is intended to resist rafter separation from the ridge beam during periods of unbalanced loads, such as that caused by wind uplift or unbalanced roof loads from snow.

Question 688

What is the purpose of a wall plate?

Answer 688

• A wall plate is a load bearing structural member used horizontally.
• It is a length of timber bedded on mortar on top of the internal leaf of an external cavity wall.
• It provides a fixing point for the feet of rafters and distributes the load exerted by the roof structure down through the walls without creating pressure points where each rafter meets the wall, and also acts to prevent windlift.

Question 689

What is the difference between a rafter and a truss?

Answer 689

• Rafters are long timber boards used for the frame of a roof, also known as stick framing. They are made in situ by the roofers and they are outer beams which slope down from the peak of the roof. Ceiling joists then secure the rafters and the exterior walls. The ridge beam or board is placed at the centre of the roof, which helps to support the roof rafters at the top.
• Trusses consist of multiple beams that provide additional support to the roof structure. They are manufactured in a factory within a controlled environment reducing wastage. It is a structural framework of timbers that are designed to provide support for a roof.

Question 690

If stripped back to the roof covering, what might you need to consider prior to replacement?

Answer 690

• The weight of the different replacement options
• The durability
• The cost
• The condition of the roof structure
• Insulation/sustainability measures.

Question 691

What are the main components of a hipped end pitched timber roof structure?

Answer 691

• Ridge board, rafters (principal and common), purlins, tie beam, struts, posts.

Question 692

What is a portal frame and when is it used?

Answer 692

• A type of frame where the beams and columns act as one, reducing beam thicknesses and allowing for larger spans.
• Typically used in industrial, storage, retail and agricultural units as they are efficient at enclosing large areas in single storey or low rise buildings.

Question 693

How is composite metal cladding fixed to a steel frame?

Answer 693

• It is fixed to the secondary steelwork consisting of side rails and purlins for the walls and roof respectively.
• Proprietary fasteners (self-tapping or self-drilling) can be used to connect sheeting to supporting steelwork and connect adjacent sheets. They are either plated carbon steel or stainless steel covered with plastic cappings.

Question 694

How does a diaphragm wall work?

Answer 694

• It is a continuous reinforced structural concrete wall constructed in a deep trench excavation to act as a retaining wall, support for the underground structure as a foundation or facilitate cut off provision in order to support deep excavation. It is either cast in situ or using precast concrete components and is usually used as permanent works on a project.
• Often used on congested sites, close to existing structures where there is restricted headroom or where the excavation is of a depth that would otherwise require the removal of much greater volumes of soil to provide battered slopes.

Question 695

What size is a brick or block?

Answer 695

• 102.5 x 215 x 65mm – standard brick

- 440 x 100 x 215 – standard block

Question 696

Explain the purpose of using a plasticiser in a mortar mix?

Answer 696

• It increases the workability of the concrete when wet.

Question 697

What is the difference between a common, facing and engineering brick?

Answer 697

• Common – lowest quality, no attempt to make colour uniform, etc.
• Engineering – Low compressability and is stronger, low absorption rate.
• Facing – used for aesthetic reasons.

Question 698

What is pointing?

Answer 698

• The mortar between bricks and used to bed the bricks

- It can have several types of joint.

Question 699

How does English Bond differ from Flemish bond?

Answer 699

• Flemish – brick construction pattern that consists of alternative stretchers and headers for each course.
• English – alternate courses of brick laid as stretchers and headers.

Question 700

What is rainscreen cladding and how does it work?

Answer 700

• Part of a double wall construction that can be used to form the exterior walls of buildngs.
• Used from 50’s to 60’s
• ‘A wall comprising an outer skin of panels and an airtight insulated backing wall separated by a ventilated cavity. Some water may penetrate the cavity but the rainscreen is intended to provide protection from direct rain.
• Typically formed of relatively thin pre-fabricated panels that prevent significant amounts of water penetrating into the wall construction. Thermal insulation, airtightness and structural stability are provided by the second inner part of the wall construction.
• 2 types – drained and ventilated – allow any penetrating moisture to drain/evaporate and vent to the outside – ensure any penetrating moisture cannot cross the gap between the rainscreen and the internal wall construction.
• Pressure equalised (PE) – allows movement of air between the inside and outside of the rainscreen – it equalises the pressure across the rainscreen so that water is not driven or sucked through the joints.

Question 701

What is curtain walling?

Answer 701

• Non-structural cladding systems for the external walls of buildings – generally associated with large, multi-storey buildings.
• Curtain walls separate the interior from the exterior, but only support their own weight with the loads imposed on them (wind, seismic loads) which they transfer back to the main structure of the building.
• Typicall comprise a lightweight aluminium frame onto which glazed/opaque infill panels can be fixed.
• Common from the 1930s.
• Can adopt a stick system (installed piece by piece on site) or be unitised (prefabricated).
• Infill panels – vision glass, spandrel (non-vision) glass, aluminium, stone/brick veneer, terracotta, fibre reinforced plastic, louvres/vents.
• Systems used to prevent the passage of water through joints include face sealed, water-managed and pressure-equalised systems.

Question 702

What alternative materials are available for window frame construction?

Answer 702

• PVC
• Timber
• Stone
• Aluminium
• Steel
• Composite

Question 703

What is a mullion?

Answer 703

• A vertical member within a window frame (transom is a horizontal member)

Question 704

Name 4 different types of glass used in glazing systems.

Answer 704

• Annealed glass – basic product - base product for more advances glass types.
• Heat strengthened glass – semi-tempered/toughened increasing the mechanical and thermal strength of annealed glas. When it breaks the fragments are similar in size to annealed glass but with a greater likelihood of staying together. Limited strength.
• Tempered/Toughened glass – Most commonly used in structural applications – process makes the glass four to five times stronger and safer than annealed or untreated glass. When it does break, it produces small, regular, typically square fragments.
• Laminated glass – Any of the above glass types can be laminated with PVB. Offers safety and security as rather than shattering on impact, it is held together by the interlayer, reducing the safety hazard.

Question 705

What materials are typically used for internal partitioning?

Answer 705

• Brickwork, blockwork, or timber, steel or aluminium framed, with boarding, such as plasterboard, timber, metal or fibreboard.

Question 706

What different types of plaster and render are there?

Answer 706

• Cement plaster (mixture of sand and cement may be plastic and requires experienced and skilled labour – plasticiser and lime is added to ease spreading over the surface)
• Gypsum plaster (widely used as an undercoat, finish coat and replaced lime and cement broadly – small expansion prevents shrinkage and cracks)
• Lime plaster (common with lath and plaster)
• Heat resistant plaster – for coating chimney breasts and used for a fire barrier in ceilings.
• External rendering – similar to plastering and uses a mixture of cement and sand, or cement, lime and sand applied to the face of a building in several coats.
• Roughcast – wet plaster mix with cement, lime, shingle and sand.
• Pebbledash or dry dash – aggregate such as pea shingle dashed or thrown onto a rendering background before it has set and is tamped on to the surface with a wooden float to obtain a good bond.
• Spattered finish – applied by a machine, guns or sprays using special mixes.

Question 707

What different types of retaining walls or structures are common in the industry?

Answer 707

• Sheet piling (sections of sheet materials (often steel) with interlocking edges that are driven into the ground to provide earth retention and excavation support)
• Gabions (made out of wire mesh formed into boxes/baskets and then filled with rock or stone – helps prevent erosion and stabilises any steep slopes)
• Piled retaining wall (a secant piled wall formed by constructing alternating primary (female) and secondary (male) piles where the secondary piles partially cut into either side of the primary piles to form a continuous impervious structure)
• Reinforced wall ( constructed by gradually increasing the tensile force applied to the soil on the backside of the wall – wall reinforced by using high tensile strength reinforcing materials)

Question 708

What is the difference between suspended and a solid ground floor construction?

Answer 708

• Solid – Tend to require little maintenance and are less prone to movement.
  o Sub base – well-compacted building rubble/loose stone material
  o Hardcore – filling material to make the required level and create a solid base
  o DPM – an impervious layer such as a heavy duty polythene sheet.
  o Concrete bed – provides a solid surface level
  o Insulation – to limit heat transfer with the ground
  o Screed – usually a sand/cement mix laid to prepare for the installation of floor finish.
  o Finish – carpet, tiles, etc.
• Suspended – usually constructed using timber joists suspended from bearing walls, which are then covered with floorboards/boarding. The joists are typically laid across the shortest span. Ventilation may be provided to the void by placing air vents/bricks within the exterior walls allowing air to travel from one side of the building to another. Can cause draughts which can be avoided by installing an airtight breather membrane which will help maintain an airtight seal.

Question 709

What is the function of a floor screed?

Answer 709

• To provide a level and flat surface for the floor coverings.

Question 710

Name 3 types of materials for rooflights.

Answer 710

• Glass reinforced plastic (GRP)
• Polycarbonate
• Georgian wired glazing

Question 711

What are the two common finishes for roof sheets?

Answer 711

• PVC Plastisol

- Polyester paint coated

Question 712

How do you distinguish between the two roof sheet finishes?

Answer 712

• Plastisol has an embossed leather grain texture with good corrosion resistance and excellent abrasion resistance.
• Polyester coated finish is cheaper and offers a smooth finish, but does not have such a long lifespan.

Question 713

What are the three types of portal frame?

Answer 713

• Pitched roof symmetric portal frame.
• Tied portal frame
• Mono pitch portal frame
• Propped portal frame
• Mansard portal frame

Question 714

What are composite panels?

Answer 714

• Typically used in the external cladding of buildings.
• Can be bent, curved and joined together in an almost unlimited range of configurations
• First emerged in the 1960s.
• Two metal skins are bonded to an insulating core, forming a composite sandwich panel.
• The metal component can be aluminium, zinc, stainless steel etc.
• Available in a wide variety of colours, finishes and profiles
• It can be manufactured from an insulating material such as polyethylene, or from a fire retardant material.
• Advantages: Weather resistance, lightweight, acoustic insulation, thermal insulation, a consistency of finish that requires little maintenance, they do not wrinkle as the external skins are bonded to the core under tension.
• They can be more cost effective and can be installed faster than precast panels and have reduced structural support requirements because of their lighter weight.

Question 715

What are the issues surrounding composite panels?

Answer 715

• Flammable cores that are difficult to extinguish and can result in a total loss situation.
• The fire can spread rapidly within the panels and it is shielded from extinguishing water. Sprinkler protection, gas extinguishing systems and water mist systems would be unable to control or extinguish the fire.

Question 716

From a technology perspective, what is the difference between steel and concrete frames? (i.e. fire resistance, light weight, etc.)

Answer 716

• Steel – flexibility (endless design applications), lightweight (60% lighter and may allow for a less expensive foundation system), building design may be easier to modify, high lead in time, fast erection on site, inherently non-combustible, but strength reduces when heated to extreme heat so needs fire protection (thin intumescent coatings can be applied offsite), reduced labour costs through dryness of form, fluctuating prices of steel, structurally strong, stiff, tough and ductile, long life span and can be reused or adapted, it may corrode if it comes into contact with water.
• Concrete – waste materials can be included within the mix (ground granulated blast-furnace slag and pulverised fuel ash), inherent fire protection, precast concrete can reduce build time, heavier, ongoing maintenance and repairs required, consistent pricing, high strength in compression, but lacks tensile strength and must be reinforced by steel rebar to increase tensile capacity, ductile strength and elasticity, can be moulded into many different shapes, but there are limitations for floor-to-floor construction heights and long open spans, reinforced concrete is water resistant and will not corrode with proper construction and care.
• Both have high embodied energy in their manufacture. Steel is nearly 100% recyclable (90% used today created from recycled steel). Concrete contains natural products – can be crushed and reused in future admixtures.

Question 717

What would you consider in the design of a concrete floor in a warehouse?

Answer 717

• Floor loadings
• Subsoil types – subgrade soils could be a problem when they are highly expansive or compressible (silts, clays) and do not provide uniform support.
• Structural design of the concrete floor slab – ground bearing slab or a pile supported suspended slab. If a consolidation of plastic soils is determined to be a potential problem a suspended slab may be the only effective solution in which the floor slab is built on piles or between ground beams.
• Joint design requirements – proper design of the concrete mix, use of concrete reinforcement, satisfactory curing and appropriate joint spacing contribute to crack prevention. A specialised joint system must be specified that will accommodate the movement and support the traffic without creating a discontinuity in the surface level.
• Surface characteristics – ability to resist wear and dusting – depends on the composition of the concrete ad hardness and toughness of the topping material, including finish coatings. Chemical resistance (floor should be protected with chemically resistant material and coating that resists any aggressive substances)
• Whether to decorate/apply an epoxy resin.

Question 718

How would you remove redundant racking bolts from a concrete floor slab?

Answer 718

• Core drill out the redundant fixing bolts, clean the hole to remove all dust and lose material and inject an epoxy resin into the hole.

Question 719

How often are movement joints required in a brickwork wall?

Answer 719

• Clay brickwork – 10-12m
• Lightweight concrete block/brick with lightweight aggregates – 6m
• Dense concrete block and brick (dense aggregate) – 7.5-9m
• Calcium silicate brick – 7.5-9m
• Masonry in a parapet wall – half the above spacings and 1.5m from corners
• Movement joint widths for clay bricks not less than 1.3mm/m and not less than 10mm/m for other masonry.

Question 720

How often are wall ties required in cavity wall construction?

Answer 720

• Every 450mm vertically and every 900mm horizontally

Question 721

What are ACMs?

Answer 721

• Aluminium composite material
• Commonly used for cladding buildings, typically as a form of rainscreen (drained and ventilated or pressure equalised facade) is part of a double wall construction.
• Rainscreen simply prevents significant amounts of water from penetrating into the wall construction. Thermal insulation, airtightness and structural stability are provided by the second, inner part of the wall construction.
• Consists of 2 skins of aluminium bonded to either side of a lightweight core of materials such as polyethylene (PE), polyurethane (PUR) or a mineral core.
• Popular due to its flatness, variety of surface finishes and colours, lightweight and formability.
• During a fire, the panels can delaminate, exposing the core material.
• Grenfell – with a polyethylene core (PE) contributed to the fire. Reynobond PE ACM cladding used was a cheaper, more flammable version of the Reynobond FR, which had a fire retardant core, or Reynobond A2 which has a non-combustible core.
• Types – Non-combustible mineral fibre (fibreglass/mineral wool)
• Polyisocyanurate foam (PIR)
• Phenolic foam (PF)
• Polyurethane foam (PUR)
• Expanded (XPS) or extruded polystyrene (EPS)

Question 722

What is the purpose of the Building Regulations?

Answer 722

• Establish requirements for specific aspects of building design and construction.
• Approved Documents then provide guidance for satisfying those requirements in common building situations.

Question 723

What is the LPCB?

Answer 723

• Loss Prevention Certification Board
• Part of BRE Global – sets the standards needed to ensure that fire and security products and services perform effectively.
• Offer 3rd party certification

Question 724

What is the Fire Resistance standard: Euroclass system?

Answer 724

• One of the main standards used in Europe to classify the fire reaction of construction and partition products. There are 7 levels of categorisation from A1 to F (A1 best) The additional categorisation for smoke is S1 to S3, with S1 the best. For flaming droplets they range from d0 to d2, with d0 the best.
• A1 – Non-combustible
• A2 – Limited combustible (No flashover)
• B – Combustible (No flashover)
• C – Combustible (flashover after 10 minutes)
• D – Combustible (flashover before 10 minutes)
• E – Combustible (flashover before 2 minutes)
• F – Combustible (No performance determined)
  (flashover is a near simultaneous ignition of most of the directly exposed combustible materials in an enclosed area).
• A1 or A2 with an S1 sub-rating are equivalent to non-combustible. A ratings are only likely to apply to mineral fibre insulated panels
• Best for expanded plastic insulated panels is category B. Panels with s1 or s2 sub-rating and d0 sub-rating are considered as a construction with limited combustibility, but not fully equivalent to non-combustible.

Question 725

What are the differences between cohesive soils and non-cohesive soils?

Answer 725

• Cohesive soils, such as clay and silts, have smaller and smoother particles than non-cohesive soils.
  o They attract positive water charge due to a small negative electrical charge.
  o They are easily moulded under load due to water present in them, giving them plasticity.
  o They are affected by seasonal changes in water content, causing them to swell in winter and shrink in the summer.
  o They are subject to frost heave when water between particles is close to the ground surface.
  o They are affected by roots from trees drawing up water from the soil – shrinkable clay soils.
• Non-cohesive soils, such as sands and gravels, are large, course grained soils that are irregular in shape.
  o They exhibit high frictional resistance when compressed under load, contributing to their load bearing capacity.
  o They do not bond together if not consolidated which leads to low loadbearing capacity in saturated state caused by high groundwater levels separating particles.
  o Excavation sites need a great deal of support.

Question 726

What is the difference between displacement piles and replacement piles?

Answer 726

• Displacement piles (driven) are driven or jacked into the ground, displacing the soil around the pile shaft outwards and downwards. Used in offshore applications.
• Replacement piles (bored auger) remove the soil to form a hole and concrete is poured in situ. Popular in urban areas as there is minimal vibration.

Question 727

In a congested urban building site, what type of pile would you recommend using and why?

Answer 727

Replacement or bored auger piles, as there is minimal vibration. These piles are also quick to construct, no prefabricated elements are required except steel reinforcement and they can be used where there is limited headroom.

Question 728

How are piles/pile caps linked together?

Answer 728

A reinforced concrete beam supports the loadbearing wall over the piles and links them all together.

Question 729

What effect would removing a large tree have on foundations?

Answer 729

Large trees can affect soils and foundations to a depth of 4m. When trees are removed, moisture in cohesive soils builds up and the soil expands, causing heave. Large broad -leaved trees of high water demand are notorious for causing damage. Ground displacement is likely to only be 150mm or less, but foundations can move and basement walls and floors crack and lift, potentially causing serious structural damage.

Question 730

How deep should a foundation be to avoid frost heave?

Answer 730

In frost susceptible soils like chalk the depth to the underside of the foundation should be at least 450mm, but in clay soils subject to volume change, strip foundations should be taken to a depth of 750mm on low clay shrinkage soils, 900mm on medium clay shrinkage soils and 1m on high shrinkage soils according to Approved Doc A.

Question 731

Name 2 types of underpinning.

Answer 731

• Mass concrete underpinning – one of the most common methods. It is conducted in successive sections, leaving the greater proportion of the existing foundations supported throughout. Each section is generally between 900mm and 1.5 m.
• Beam and pier underpinning – comprises a reinforced concrete beam, inserted either directly above or below the existing foundation, supported by mass concrete piers constructed at 2.5-3m centres.
• Pile and needle underpinning – comprises reinforced concrete needles inserted horizontally through the existing wall above foundation level and supported at each end by small-diameter piles that transmit the building’s loads to a deeper, firmer stratum. The needles are inserted at approximately 1.5m centres along the length of the wall being underpinned. The piles are taken down to a suitable loadbearing strata.
• Cantilever ring beam underpinning – comprises horizontal steel I-section cantilever needles inserted into the wall and supported on a reinforced concrete ring beam and mini piles. The needles transmit the loads from the wall to the beam and thence piles to a deeper bearing stratum.
• Double angle mini-pile underpinning involves the installation of small-diameter piles in pairs formed at an angle through the existing foundation at between 1-1.5m intervals.

Question 732

Under what conditions would you expect a raft foundation to be used?

Answer 732

Raft foundations are used for lightly loaded buildings on poor soils where the top 450-600mm of soil is overlaying a poor quality strata. It is normally the same size or larger than the plan area of the building and it effectively floats on the ground by spreading the load over a larger area.
There are 3 types –
- Nominally reinforced rafts (lightly loaded low-rise instances) – poor soils, light loads
- Designed reinforced concrete slab rafts (heavily loaded or point loaded situations)
- Reinforced concrete beam and slab rafts
- advantages:
o constructed for shallow depth and requires less excavation
o suitable in soils of low bearing capacity
o loads coming from the superstructure are distributed over a larger area
o differential settlement of soil can be reduced
- disadvantages
o In some cases a large amount of reinforcement is required, which increases the cost of the project
o Special attention is required in the case of concentrated loads
o If they are not treated properly, there is a chance of edge erosion
o Skilled workers are required to construct the raft foundations.

Question 733

What is the difference between live, dead and imposed loads?

Answer 733

• Dead loads refer to the structure’s self-weight and generally remains constant throughout the structure’s life.
• Live loads are also known as imposed loads, and consist of all loads temporarily placed on the structure, like loads of people, furniture, machines, traffic, etc. This keeps changing and depends on the use of the building.

Question 734

What factors would you consider in determining the foundation type?

Answer 734

• Loads from the building
• Types of soils
• Soil bearing capacity
• Ease of construction
• Water table level
• Adjoining structures, water bodies, slopes
• History of natural disasters or extreme weather
• Economics if a number of options available

Question 735

Why would you use a piled foundation?

Answer 735

• They are typically used to transfer the load from superstructures through weak, compressible strata or water onto stronger, more compact, less compressible and stiffer soil or rock at depth, increasing the effective size of a foundation and resisting horizontal loads.
• They are typically used for large structures and in situations where soil is not suitable to prevent excessive settlement.

Question 736

How are earthworks supported and why?

Answer 736

• They are supported by shuttering to stop movement and the collapse of the earth.

Question 737

What are the different types of piling and when would you expect each of them to be used?

Answer 737

• Friction piles – develop most of the pile bearing capacity by shear stresses along the sides of the pile and are suitable where harder layers are too deep to reach economically. The pile transmits the load to the surrounding soil by adhesion or friction between the surface of the pile and the soil.
• Continuous flight auger piles (CFA) – a cast in situ method of piling first used in the 1960s in the UK and is now one of the most common. Due to its low level of vibration and sound it is particularly suited to environmentally sensitive sites and soft/water-bearing strata where deep casings would otherwise be necessary. The auger screws into the ground and when reaching the design depth, concrete is pumped through the hollow stem of the auger, whilst it is slowly extracted, removing the ground material. Advantages – low sound/vibration, installed quickly and economically, high load bearing, sheer and movement capacities and can be adapted to operate in conditions with low headroom/confined spaces.
• Impact driven piles – (also known as displacement piles) are commonly used to provide support for structures, transferring their load to layers of soil or rock that have sufficient load bearing capacity and suitable settlement characteristics. Can be the most cost effective. It is a long slender column made of pre-formed material and is installed by impact hammering, vibrating or pushing it into the ground to a design depth/resistance. Can be installed to accommodate compression, tension and lateral loads. Can be steel, precast concrete, timber or composite. Advantages – pre-fabricated off site, displace and compact the soil, increasing the load bearing capacity of the pile and no soil and little spoil needs to be removed, cost effective, superior structural strength. Disadvantages – planning required as well as heavy equipment, adequate reinforcement needed for pre-cast/pre-stressed concrete piles, length may not be exact and splicing may be required, may not be suitable for ground with poor drainage or compact sites where vibrations may impact neighbouring properties, noisy to install.

Question 738

Describe the component of a piled substructure and what their function is.

Answer 738

• Pile foundations are deep foundations that are formed by long, slender columnar elements typically made of steel or reinforced concrete and sometimes timber. It is defined as piled when its depth is more than three times its breadth.
• Principally used to transfer loads from superstructures through weak, compressible strata or water onto stronger, more compact, less compressible and stiffer soil or rock at depth, increasing the effective size of a foundation and resisting horizontal loads. Typically used for large structures and in situations where soil is not suitable to prevent excessive settlement.

Question 739

Describe three different ways of waterproofing a new build basement area.

Answer 739

• Type A (Barrier) system – Tanking – objective is to provide a continuous waterproof membrane which is applied to the base of the slab and walls – it can be applied internally or externally according to site circumstances. Alternatives to mastic asphalt or polythene sheeting are bituminous compounds – epoxy resin compounds and bitumen laminates. External mastic asphalt tanking preferred as it prevents the ingress of water and protects the structure from aggressive sulphates in the soil and ground water. Internal mastic asphalt tanking should only be adopted if external tanking is not possible as it will not protect the main structure and may be forced away from the walls/floor by hydrostatic pressure. To be effective the horizontal and vertical mastic must be continuous.
• Type B (Structurally Integral) system – Dense monolithic concrete – forms a watertight basement using dense, high quality or prestressed concrete by a combination of good materials, workmanship, detailing and construction methods. Not always vapour proof and may also need a coating/tanking. Watertightness depends on the water/cement ratio and degree of compaction.
• Type C (Drained) system – drained cavity system – accepts a small amount of water seepage through a monolithic concrete wall and collects moisture and drains it away. Achieved by building an inner non-load bearing wall to form a cavity, which is joined to a floor composed of triangular tiles laid to falls, which enables the water to drain away to a sump. The inner wall should be vapour tight or the cavity should be ventilated.

Question 740

What is a pay less notice?

Answer 740

• Issued by the employer in the event of over certification
• E.g. CA mistakenly certifies defective work that was only noticed after certificates were issued. CA informed and employer issues a pay less notice
• Also, if liquidated damages are due after non-completion issued.

Question 741

What if the contractor goes out of business?

Answer 741

• Suspend payments
• Take back possession of the site
• Secure all unfixed materials

Question 742

What is a variation?

Answer 742

• An item that has not been priced and included within the specification
• A variance to quality or quantity

Question 743

What was the significance of the 2011 edition of the Local Democracy, Economic Development and Construction Act (Construction Act)?

Answer 743

• Removed requirement for contracts to be in writing for adjudication to apply
• Both employer and contractor can issue payment notices
• Revision of EoT provision
• New definition of insolvency
• Removal of pay when certified clause

Question 744

What was the aim of the LDEDCA 2011 Construction Act?

Answer 744

• To tighten up payment, certification and payments to protect contractors.

Question 745

What must you give when certifying a payment?

Answer 745

• Payment certificate

- Basis on which this has been calculated (valuation document)

Question 746

What is insolvency?

Answer 746

• A company unable to pay its debts

Question 747

What are the responsibilities of the CA?

Answer 747

• Administer terms of the building contract
• Agent for the employer, but acting impartially
• Makes decisions
• Both contractor and employer challenge decisions

Question 748

What is a designer?

Answer 748

• Someone employed to do design work.

Question 749

What would you expect of a CA?

Answer 749

• Knowledge to understand the contract
• Knowledge to understand construction
• Impartial and fair
• Keep records
• Be aware of critical path and programming

Question 750

What does a CA do?

Answer 750

• Meetings
• Valuations
• Inspection of works
• Determine EoT and L&E applications
• Issue instructions
• Interim payments (certify)
• Certify PC
• Settle final account

Question 751

What information should you provide and in what format do you agree to take on an instruction?

Answer 751

• In writing
• Confirm terms and conditions of appointment
• Detail services provided
• Confirm fee basis
• Identify complaints handling procedure in place
• Limitations (what is not included)
• Dispute resolution procedure
• Level of PII
• Set out if CA is allowed to make changes

Question 752

How do you know how many times you should visit site as a CA?

Answer 752

• Complexity of the project
• Calibre of the contractor
• Progress of work
• Predetermined stages

Question 753

What do you look for on a site visit to a construction site?

Answer 753

• Activity on site
• Details of instructions given (are they doing it?)
• Progress
• Quality of work
• Check materials are being used
• Refer to preambles
• H&S arrangements

Question 754

How do you check progress of work on a construction site?

Answer 754

• Check against a programme
• Portion of works valued to date
• Experience – you should know
• Consult with suppliers
• The contractor should progress regularly and diligently.

Question 755

Would you value materials when valuing works?

Answer 755

• If reasonably on site at the correct time

- If way too early, do not value.

Question 756

In what instance will a variation be issued after PC?

Answer 756

• If defective work in rectification period.

Question 757

What do you need to issue practical completion?

Answer 757

• H&S file – contractor provides information
• All test certificates
• Works complete (allow de-minimis)
• Beneficial occupation can be taken

Question 758

When can a contractor make a claim for loss and expense?

Answer 758

• If they can evidence that a relevant matter has occurred, e.g. deferment of possession by the employer, where the regular programme is affected by certain circumstances, but it must be a proven loss.
• Contractor to make a written application for consideration.

Question 759

What is the risk if a claim for loss and expense is the fault of the surveyor? (Late issue of instruction)

Answer 759

• PII claim

- Must notify insurers

Question 760

What statutes must you consider when taking on a project services instruction?

Answer 760

• Party Wall Act
• Town and Country Planning Act
• Tree Preservation Orders
• Conservation areas/listed buildings

Question 761

What are the timescales for payments on a project?

Answer 761

• Contractor can make application 7 days before valuation date
• Valuation effects as a payment notice
• Contractor issues payment notice if CA does not issue within 5 days of due date.

Question 762

When must a pay less notice be issued?

Answer 762

• An employer must issue five days before final date for payment
• Cannot be done by CA

Question 763

What are the implications if no payment certificate is issued within the required timeframe?

Answer 763

• Employer must pay the notified sum provided by the contractor.

Question 764

What should you do if an error is notified to the CA by the contractor via written notice regarding errors or inconsistencies of the docs or convergence to statute?

Answer 764

• CA should issue a variation to change the docs.

Question 765

What are the obligations of the contractor?

Answer 765

• To carry out and complete the work
• Design under Contractor’s Design Portion
• Complete on time
• Pay liquidated damages
• Make good defects during the rectification period
• Have a site manager in control of the site
• Indemnify the employer for expense, liability, loss, claim or proceedings.
• Have and give evidence of insurance
• Construction of the project through either direct labour or subcontracted labour
• Health and Safety if they are the principal contractor then CDM regs apply.
• Construction Phase Plan
• Prepare, develop and implement written site plans
• Provide welfare facilities
• Ensure all workers have site inductions
• Provide all relevant information required for H&S file to the PD.

Question 766

What if a material is not available that is specified?

Answer 766

• Contractor must provide like for like for approval

- If something totally different is needed, may be a variation with EoT rights.

Question 767

Does the contractor have any statutory responsibilities?

Answer 767

• Yes – a statutory responsibility to comply with a legislation that’s relevant to carrying out the work e.g. building regs, H&S.

Question 768

Under what circumstances can the contractor terminate the contract?

Answer 768

• Breach of contract – failure to pay on time, provide conditions agreed upon or adhere to the terms of the contract, follow CDM 2015, allow access to site.
• Demanding too many compulsory extensions (suspension)
• Frustration (force majeure)

Question 769

Under what circumstances can the employer terminate the contract?

Answer 769

• The contractor does not develop the construction phase plan before work commences
• Failure to proceed regularly and diligently
• A specified default notice must be served.
• Breach of contract – refusal to carry out work, abandoning site , removing plant from site, employing others to undertake the works, failure to remove or rectify defective works.
• Frustration (force majeure)

Question 770

What is the difference between the start dates on MW and IC?

Answer 770

• MW states the start date in the contract (failure to give access = EoT)
• • IC’s is date of possession

Question 771

What is repudiation in a construction project?

Answer 771

• Damages claimed by contractor as required access not given for works
• Start up costs, procurement, etc.
• Can agree a new date or can terminate

Question 772

What does ‘time is of the essence’ mean in a construction contract? (e.g. if a break date is involved)

Answer 772

• Completion needed for a particular date
• If date not met, refurb is effectively worthless
• Considered a fundamental breach, so can terminate
• This would need to be written into the contract by a legal representative

Question 773

What is the purpose of an EoT?

Answer 773

• Preserves employer’s right to claim for damages

Question 774

What is time at large?

Answer 774

• When non-completion is not issues and no fixed completion date it set.
• Contractor has to complete in a reasonable period of time.
• If employer causes delay and an EoT is not issued, the original completion date does not need to be adhered to.
• No means for fixing a completion date
• Contractor must complete works in a reasonable time
• No liquidated damages.
• May be able to claim general damages if it can be proved that the contractor does not complete the works in a reasonable time.

Question 775

What is PC?

Answer 775

• Works are practically complete and achieve beneficial occupation
• CDM info provided for H&S file.

Question 776

How do you decide on PC?

Answer 776

• No patent defects
• Complied sufficiently
• All work defined is completed
• De-minimus
• Beneficial occupation

Question 777

What is the EoT procedure?

Answer 777

• In writing stating employer or contractor led delay
• Do not need a reason, but should.
• Must be a relevant event
• CA responds either granting or declining
• Can request more information
• CA to be fair and reasonable

Question 778

What is culpable delay?

Answer 778

• Delay caused by the contractor

Question 779

What is concurrent delay?

Answer 779

• Both parties liable

- EoT granted

Question 780

What is a relevant event?

Answer 780

• Event occurring that leads to an extension of time, such as:
  o Variations
  o Loss or damage caused by specific perils
  o Civil action
  o Terrorism
  o Force majeure
  o Exceptionally adverse weather conditions
  o Deferment of possession of site
  o Any impediments, prevention or default by the employer
  o Approximate quantity in bill of quantities inaccurate
  o Statutory works
  o Strikes
• A relevant event does not always lead to loss and expense. For this, relevant matters must occur.

Question 781

What is a relevant matter?

Answer 781

• A matter for which the client is responsible that materially affects the progress of works.
• May give rise to a contractor’s claim for loss and expense.
• Might include:
  o Failure to give site possession
  o Failure to provide access to/from site
  o Delays in providing instructions
  o Discrepancy within the contract documents
  o Disruption caused by works carried out by the client
  o Instructions relating to variations and expenditure of provisional sums
  o Issues related to CDM

Question 782

What does retention do?

Answer 782

• Give protection to the employer in the result of a latent defect.

Question 783

What is the due date following PC?

Answer 783

• 7 days

- Certify in the normal manner

Question 784

What are the effects of non-completion?

Answer 784

• Employer claims liquidated damages
• Issues notice stating intention to (pay less notice)
• Can deduct from the next payment certificate or as a debt

Question 785

What are liquidated damages based on?

Answer 785

• A pre-estimate of loss

Question 786

Can you claim damages if they are not included at the outset?

Answer 786

• Yes, if it is left blank.

- No, if Nil is inserted.

Question 787

How are liquidated damages deducted?

Answer 787

• Employer issues a pay less notice stating the amount, and how this has been calculated
• Employer deducts damages, CA only advises on non-completion and informs client of right to deduct.

Question 788

When does a contractor not have to comply with an instruction?

Answer 788

• If it would conflict in terms of the contractor’s design portion.

Question 789

What is an instruction on a construction project?

Answer 789

• An instruction of work which the contractor must comply with.
• Removing a person from site (exclusion of persons from work)
• Paint in a particular colour

Question 790

What is a variation?

Answer 790

• Add
• Omit
• Change in material or method order, or period of works.

Question 791

How do you complete an interim valuation?

Answer 791

• Confirm all works properly executed
• Materials are stored securely on site
• Include any listed items (IC) are insured and stated as employer’s possessions.

Question 792

What powers does the CA have?

Answer 792

• Consent to a domestic subcontractor
• Issue variations
• Issue instructions
• Agree price of variations
• Exclude persons from site

Question 793

What are the valuation rules for an intermediate contract?

Answer 793

• Measurable work:
  o Similar works of a similar nature already in the spec – can pro-rata
  o Similar works with different conditions (fair allowance for additional prelims etc.)
  o Works of a different nature (here the works will be valued at fair rates and prices – tender rates, BCIS, etc.)
• Day work:
  o Day work, material breakdown

Question 794

What is the difference between non-completion in minor works and intermediate?

Answer 794

• Minor works (give what is due to contractor, state that they want an extension) – fair and reasonable basis, cannot award after contractor is in delay.
• Intermediate (give notice stating reasons prior to PC date – can award 12 weeks after contractor is in delay).

Question 795

Who is the Employer’s Agent?

Answer 795

• Typically used in D&B contracts

- Used to ensure the client’s best interests are met

Question 796

What is novation in a construction project?

Answer 796

• Where the contractual benefits and burdens of a contract are passed form one party to another.

Question 797

Is the contractor responsible for the novated party’s design prior to novation?

Answer 797

• No, unless they state that they have adopted the design.

Question 798

What is assignment in a construction project?

Answer 798

• Where the contractual benefits of a contract are passed from one party to another, such as the assignment of a collateral warranty from one tenant to another.

Question 799

When can assignment take place in a construction contract?

Answer 799

• Any time as it is a statutory right, however, it can be limited within a contract.

Question 800

Give an example of how an assignment can be restricted on a construction contract.

Answer 800

• Restricting the assignment of a collateral warranty to one time only without the written consent of the warrantor.

Question 801

What is a collateral warranty?

Answer 801

• A way of forming a direct contractual link between two parties which otherwise would not have had a link, such as between a subcontractor and a client.

Question 802

What case law do you know that relates to collateral warranties?

Answer 802

• Parkwood Leisure v Laing O’Rourke
• Found that collateral warranties can be considered to be a construction contract and are therefore subject to the same provisions as the Construction Act.

Question 803

What collateral warranties do you know of?

Answer 803

• Purchaser and tenant (contractor to give to purchaser/tenant)
• Funder warranty (contractor to give to company providing finance)
• Subcontractor Purchaser and Tenant or Finance (SC to give to parties)
• Subcontractor and Employer (SC to give to employer)
  o Warranties will be limited to an amount and are generally only assignable twice

Question 804

What are third party rights in a construction contract?

Answer 804

• An alternative to collateral warranties
• Allows a third party to be written into a contract
• Introduced as part of the contracts (third party rights act 1999)
• Give the third party the benefits of the contract only, not the burdens i.e. writing in the tenant as the third party will ensure that they receive the contract benefits.

Question 805

What is a letter of intent?

Answer 805

• Document outlining an agreement between two parties before a formal contract has been created.
• Each letter of intent is different with each being assessed based on its meaning.
• Can include spending caps and expiry dates

Question 806

What can a letter of intent be, based on its wording?

Answer 806

• An expression of the intention to enter into a contract at a future date, which does not give rise to any legal obligation. OR
• An expression of the intention to enter into a contract at a future date which does not exclude the right to recover costs on a quantum merit basis
• The creation of an interim contract
• The creation of a legally binding contract whereby the letter can be offered and accepted.

Question 807

What is a title retention clause?

Answer 807

• Where the goods and services remain the property of the supplier until a certain obligation is undertaken e.g. payment.

Question 808

What is a performance bond?

Answer 808

• A form of financial security used to cover the client against the contractor failing to fulfil their contractual obligations.
• Typically approximately 10% of the contract value to the client

Question 809

What are the problems with bonds within contracts?

Answer 809

• They will come at the client’s cost.

Question 810

Name 2 forms of performance bond.

Answer 810

• Default bond can be called in when the contractor defaults on their contractual obligations but the client will have to prove they have defaulted
• On demand bond – can be called in at any time without having to satisfy a pre-condition.

Question 811

What types of bonds do you know of?

Answer 811

• Advanced payment bond – financial surety to the client if they have to make an advanced payment
• Retention bonds – bond taken out instead of taking retention from interim valuations
• Materials off site bond.
• Tender bond

Question 812

Why would you use a retention bond?

Answer 812

• If a contractor has poor cash flow

Question 813

Why would you use an advanced payment bond?

Answer 813

• If a contract has high up front costs
• Sum paid by employer up front to get the contractor ‘moving’
• Employer may be concerned about paying it
• Guaranteed by a bond to safeguard should the contractor default
• May be used for offsite materials.

Question 814

What happens with variations to a contract in relation to a retention bond?

Answer 814

• Bond value will need to be updated or the additional retention can be deducted as usual.

Question 815

What if a contractor does not maintain a retention bond?

Answer 815

• The client is entitled to take the retention out of the next interim application.

Question 816

What is a parent company guarantee?

Answer 816

• An alternative form of surety for the client whereby a parent company will warrant the subsidiary company’s work and remedy any breaches by either stepping in to complete the works, paying damages etc.

Question 817

What is professional indemnity insurance?

Answer 817

• A form of insurance that covers professional negligence.

Question 818

What is employer’s liability insurance?

Answer 818

• A form of insurance that covers the injury and death arising from business activities.

Question 819

What is contractor’s all risk insurance?

Answer 819

• A form of insurance that covers for subsequent loss or damage.

Question 820

What do you consider when selecting a contract for traditional procurement?

Answer 820

• Nature of the works
• Who is to design the works
• Do you need a warranty?
• Is it to be completed in stages?
• Is PII required?

Question 821

What is the difference between the JCT Minor Works and Intermediate contracts?

Answer 821

• IC has a more extensive design provision
• IC Has a PII clause
• IC allows you to name subcontractors
• IC allows you to defer possession (of the site to the contractor for up to 6 weeks)
• IC allows partial possession and sectional completion provision
• IC includes collateral warranty

Question 822

When would you use a Minor Works contract?

Answer 822

• Simple work
• Designed by or on behalf of the Employer
• Contract should not be long so fluctuations do not apply
• Nature of works will decide, not cost

Question 823

What are the disadvantages of a Minor Works contract?

Answer 823

• It is simple
• Silent on many matters
• Cannot comment on contractor’s design portion
• Cannot reduce contract period if work is omitted
• No EoT without notice from the contractor
• Can’t award opening up, or deduct for defective works if they remain

Question 824

When would you use an Intermediate Contract?

Answer 824

• Simple content involving normal, basic trades without complex service installation
• No financial limits

Question 825

When would you use an Intermediate Contract with Contractor’s Design?

Answer 825

• Where the contractor is to design discrete parts of the work
• More protective to the Employer than the Minor Works contract.

Question 826

What are the contractor’s obligations under the construction contract?

Answer 826

• The contractor agrees to the works as shown in the first recital, by the completion date as shown in the particulars, in return for the contract sum shown the articles.

Question 827

Describe the process of the contractor’s design portion and employer’s requirements.

Answer 827

• A simple specification and/or prescriptive of performance (normally a combination of both)
• Contractor submits design proposals with their tender

Question 828

What is included within the contractor’s design portion of a contract?

Answer 828

• Drawings, specifications, schedules, method statements, programmes

Question 829

What is the difference in design requirements between the JCT Intermediate and the Minor Work Contracts?

Answer 829

• Under MW design can be undertaken by a competent contractor
• Under Intermediate the works need to be undertaken by a professional designer (PII required)

Question 830

How did you try to mitigate delay on one of your projects?

Answer 830

• Liaise with the main contractor to overlap the works
• Early survey work can begin on site whilst last section of demolition is taking place.
• For instance, the strip out works could be undertaken internally at the same time as the roof works.

Question 831

Why use a standard form of contract?

Answer 831

• They are cheaper than drafting a bespoke contract
• Offer a level of familiarity between the parties
• Tried and tested contracts in court so you should be able to predict the outcome in the courts.
• Standardisation and protection over common issues (offers assurances to both sides of a baseline of risk management)
• Recognisable and equitable allocation of risk (both parties familiar with the risks and this ensures they are split equally across both parties)
• Dispute resolution (provisions on how to deal with a dispute and allow parties to avoid more costly and drawn out court proceedings)
• Dangers surrounding the industry are addressed (protect employers against poor contractors – most eventualities are covered – penalties for late completion)

Question 832

Why would you not use a bespoke contract?

Answer 832

• Costly to produce and time consuming
• Contractors do not like them, as they regularly put a lot more risk on the contractor
• Not tried and tested like a standard form

Question 833

What should you consider when you select a contract?

Answer 833

• Client’s criteria
• Procurement method you are going to use
• Nature of the works
• Timings – are the works required to start quickly or do you have the time to produce a robust set of documents.
• Value of the contract sum
• Complexity of the works
• Likelihood of the works completing in stages
• Whether any named subcontractors are needed
• Whether collateral warranties are needed
• Whether the contractor is required to design any aspects of the project

Question 834

What standard forms of contract do you know that are offered by JCT?

Answer 834

• • JCT Minor Works Contract (w/Contractor’s Design)
• JCT Standard Building Contract
• JCT Intermediate Works Contract (w/Contractor’s Design)
• JCT Design & Build Contract
• JCT Construction Management Contract (employer appoints separate trade contracts to carry out works and a construction manager oversees completion for a fee)
• JCT Major Project Construction Contract
• JCT Management Building Contract (employer appoints management contractor to oversee works and construction is completed under a series of separate works contracts which the management contractor appoints and manages for a fee)
• JCT Constructing Excellence Contract (partnering/collaborative and integrated workspaces)
• JCT Measured Term Contract (maintenance/minor works carried by single contractor over a period of time)
• JCT Prime Cost Building Contract (early start with design documents completed after work commenced)
• JCT Repair and Maintenance Contract (no CA, defined programme of repairs to specified buildings)

Question 835

What are the main contract suites?

Answer 835

• JCT (Joint Contract Tribunal)
• NEC (New Engineering Contract)
• FIDIC (International Federation of Consulting Engineers
• ICE (Institute of Civil Engineers)

Question 836

When is a JCT Minor Works contract not suitable?

Answer 836

• Complex works of high value
• Where sectional completion is required
• Where there are named subcontractors
• Where there are detailed control procedures

Question 837

When does the role of the CA begin?

Answer 837

• Technically when a building contract is in place between the contractor and employer
• May be implied requirement for CA to perform pre-contract services – selection of the method of procurement, calculation of liquidated damages and deciding contract type.

Question 838

What are the CA’s basic responsibilities?

Answer 838

• Agent of employer in some circumstances, but will be required to make impartial decisions in others.
• Agency function and decision making function
• Decision making always impartial where parties may have conflicting interests (either party may challenge the decision).
• Distinct from Employer’s Agent under D&B where the employer would not normally be able to challenge the employer’s agents decisions.

Question 839

What qualities are required of a CA?

Answer 839

• Knowledge/skill to understand the relevant contractual provisions and know how to apply them.
• Act in a manner that is independent, impartial and fair when making decisions.
• In-depth knowledge of construction and inter-relationship between trades and construction operations so that the changes/impact of changes can be traced
• Set up appropriate office procedures and record keeping commensurate for the scale/nature of the building contract and the works
• Be aware of and conversant in the different types of critical path and project programming techniques.

Question 840

What are the different types of programming schedules on a project?

Answer 840

• Critical path method (sequence of critical tasks on which overall duration of the programme is dependent and float (items not on the critical path)) – selects the activities that are mainly critical whose delays would affect the deadline of the whole project
• Gantt chart – illustrates scheduling of works over the duration in a horizontal bar with milestones. – simple linear visualisation of the time and trend of projects that does not show any of the dependencies between activities.
• PERT (Programme evaluation review technique) – observes dependencies of the various activities, but is complicated to use for projects that have a large amount if activities/links.

Question 841

Does the CA have any design responsibility?

Answer 841

• Under MW, IC and SBC the role of CA does not include design
• Undertaken by architect, lead consultant, engineers, or surveyor who has been appointed as CA.

Question 842

What typical conflicts can occur in the role of CA?

Answer 842

• Where CA gives advice/instructions to the contractor in relation to the works
• Gives advice to the employer during the early stages of the project
• Specifying materials
• Care should be taken to ensure instructions given to the employer and designers are expressly approved by the client
• CA should not allow responsibility to extend to checking the design of the works during inspections – obligation remains with the client

Question 843

What does practical completion trigger?

Answer 843

• End of contractor liability (termination of any liquidated damages)
• Insurance handover
• Handover of the premises
• Start of the rectification period
• Retention releases (generally 5% to 2.5%)
• No legal basis for term – it is when works are complete to the satisfaction of the CA
• CA cannot certify PC if there are any outstanding works or patent defects, but they cannot withhold for minor defects outstanding
• Beneficial occupation

Question 844

What express covenants may be within a contract to define PC?

Answer 844

• Manuals (O&M), testing and commissioning certificates, building control sign off, completion certificates, keys.

Question 845

What is retention?

Answer 845

• A sum deducted at each valuation (generally 5%) to provide client with security that the contractor will return to correct any defects.

Question 846

What is an extension of time?

Answer 846

• If a contractor fails to complete the works within the allotted time for reasons beyond their control, the CA can consider an application from the contractor for an EoT, which is a certificate that alters the completion date.

Question 847

What happens if the contractor is in delay and no extension of time is available?

Answer 847

• Time is considered at large and damages as defined in the contract may be enforceable.

Question 848

What needs to be considered by the CA regarding an extension of time request from the contractor?

Answer 848

• Whether the cause of the delay is a relevant event (SB) or outwith the contractor’s control (MW)
• Will this delay have an effect on the completion date? If so, to what extent?

Question 849

What are the timescales involved in an extension of time?

Answer 849

• Standard Building Contract – contractor obliged to alert the CA to any delay at the earliest opportunity.
• Once a request has been received, the CA has 12 weeks to assess and make a decision (if less than 12 weeks to completion, the CA needs to make a decision prior to completion date)
• Under MW no specific timescales are defined.

Question 850

What is a specified peril?

Answer 850

-	A relevant event which can justify an application for an extension of time, but not application of loss and expense.  Defined in MW and Intermediate BC as:
o	Fire
o	Lightning
o	Explosion
o	Storm
o	Escape of water from tank/pipe
o	Earthquake
o	Riot/civil commotion
o	Specified risks usually covered by the works insurance policy and may give rise to a claim.

Question 851

What counts as exceptionally adverse weather conditions?

Answer 851

• Not defined in JCT so left to discretion
• Can potentially be a potential cause for dispute (NEC defines it as a 10 year event)
• I collect information from the Met Office, including the amount and duration of rainfall, air temperature and duration, volume and duration of lying snow, wind speed, depending on the nature of the works. I would compare this to other years, as it must be exceptionally adverse for the time and location.

Question 852

What is a contract?

Answer 852

• A legally binding agreement between 2 parties to provide goods/services within a specified timeframe.

Question 853

What is necessary to form a contract?

Answer 853

• An offer
• Acceptance
• Consideration
• Intentions to be legally bound
• Capacity to make an agreement

Question 854

How is a contract executed?

Answer 854

• Under hand – signed by both parties – 6 year limitation period for claims for breach of contract
• Under seal (as a deed) – signed and witnessed – 12 year limitation period. Valuable consideration not required (something of value in the eyes of the law)

Question 855

What are common contract documents?

Answer 855

• The contract (with any amendments)
• Preliminaries
• Preambles
• Contract Sum analysis/pricing schedule
• Drawings
• Specification
• Planning conditions/agreements
• Contractor’s proposals

Question 856

What is a bond?

Answer 856

• A guarantee to pay a certain sum of money.

Question 857

What is an offsite materials bond?

Answer 857

• In respect of materials off site – payment bond (guarantee)
• Used for large costs i.e. lift as need deposit due to long lead in times
• Gives security to employer whose materials are kept elsewhere

Question 858

Why is a collateral warranty used?

Answer 858

• Privity of contract means only the contracted parties can enforce it
• Collateral warranty gives another party rights
• A whole contract is assigned

Question 859

What is the main purpose of the collateral warranty?

Answer 859

• If a contractor goes out of business, a contractual obligation still remains between the client and the subcontractor.

Question 860

What do you do if you notice errors in the contract documents, drawings Employer’s Requirements?

Answer 860

• Issue an instruction to the contractor correcting it.

Question 861

What are the supplemental provisions?

Answer 861

• List of techniques which can be included within a contract to encourage collaborative working.

Question 862

Can a verbal contract be a contract?

Answer 862

• A verbal contract is a valid contract if the minimum requirements are met. It is not necessary for any of these to be written down.
• The Construction Act abolished the need for construction contracts to be in writing.

Question 863

What is the information release schedule?

Answer 863

• Schedule stating what info will be released at what time by the CA
• Contractor can claim EoT if there is a delay in the release

Question 864

Who compiles the H&S file?

Answer 864

• Principal Designer

- Contractor must provide information to sufficiently meet PC requirements.

Question 865

What are the client’s requirements under CDM 2015?

Answer 865

• Check competence
• Ensure management arrangements
• Ensure sufficient time and resources
• Provide PCI
• Appoint a Principal Designer where there is more than one contractor
• Appoint a Principal Contractor where there is more than one contractor
• Ensure CPP is drawn up prior to commencement
• Adequate welfare facilities on site
• Check that H&S file has been prepared by the PD/PC
• Retain and provide access to the H&S file.
• F10 notification

Question 866

What are the Principal Designer’s requirements under CDM 2015?

Answer 866

• Where more the one contractor
  o Plan, manage and monitor the pre-construction phase including
   Taking account of the general principle of prevention
   Ensuring designers carry out their duties
   Liaise/cooperate with the principal contractor and others
  o Assist client in preparation of PCI
  o Health and Safety File

Question 867

What are the designer’s requirements under CDM 2015?

Answer 867

• Eliminate hazards and reduce risks during design
• Provide information about remaining risks
• Check that the client is aware of their duties
• Provide information needed for the H&S file

Question 868

What are the main contractor’s requirements under CDM 2015?

Answer 868

• Plan, manage and monitor
• Prepare, issue and implement a CPP
• Share the plan
• Provide welfare
• Check competence
• Induct and train
• Consult with the workforce
• Liaise with the Principal Designer
• Secure the site
• Provide H&S file if PD appointment has ended before project completion.

Question 869

What is the F10 notification?

Answer 869

• An electronic document to be completed and submitted on the HSE website when works exceed certain thresholds.
• 30 days on site AND more than 20 workers working simultaneously at any point in the project, or
• Exceeds 500 person days (50 works working simultaneously for 10 days = 500 person days)

Question 870

How might the type of client affect the choice of contract?

Answer 870

• Public sector clients must follow a very prescriptive framework and it is likely that an NEC contract would be selected.
• International clients may prefer the use of a FIDIC contract as it has an international standard and is translated into 20 languages
• If it is abroad, it may be preferable to use FIDIC

Question 871

Explain how you have selected a suitable contract on one of your projects.

Answer 871

• On a project in Uxbridge, where there were multiple units to be refurbished across the estate, with a total contract value of £650k.
• I considered the contract value, which I felt was too high for a MWC, but suitable for a IC
• I felt sectional completion would be important, which would not be available for a MWC
• I reviewed the complexity of the works and felt that this was a simple refurbishment, and a MWC would suffice.
• The contractor was only required to design specific items relating to the installation of new electric panel heaters and WC ventilation, so adding contractor’s design would be sufficient, and D&B would not be appropriate
• No specific named subcontractors were required, so MWC would be sufficient
• Traditional procurement route followed so MWC or IC would be fine.

Question 872

What typical non standard contract amendments have you come across in your projects?

Answer 872

• Amending the contract to make it assignable without the contractor’s consent (not standard position under JCT) in the case of sale or financing.

Question 873

Your client would like to take a partnering approach on his project. What type of contract would you recommend and why?

Answer 873

I have not experienced project partnering, which I understand to involve collaboration, encouraging trust and openness amongst parties to a contract, who become dependent on each other for success. I am aware of the JCT Constructing Excellence Contract 2016.

Question 874

Your client wants to get his lawyers to write a bespoke contract for his project. What advice would you give to him?

Answer 874

• That standard forms of contract offer the benefit of reducing costs, as it eliminates the need to negotiate the many details of a contract, but there is a lower level of flexibility.
• Bespoke contracts must be undertaken with care, as there is a risk that they may not adequately or fairly make provision for all circumstances, and they are not supported by a history of case law.

Question 875

Your client wants to use a cost reimbursable contract. What standard forms are available to him?

Answer 875

• Where the contractor is reimbursed the actual costs they incur in carrying out the works, plus an additional fee. High risk, as final cost unknown.
• JCT Prime Cost Building Contract 2016

Question 876

Your client wants to incentivise the contractor through some form of pain/gain mechanism. Which standard forms of contract have this mechanism available?

Answer 876

• JCT Constructing Excellence Contract 2016

Question 877

What criteria will determine whether or not to use the standard form, the intermediate form or the minor works form within the JCT suite?

Answer 877

• The nature of the project – new build, refurbishment, restoration of an historic building
• The scope of the works – unusual size, complexity or location of the works, access issues, specialist contractor’s works, phased or single construction operation
• Measure of control by the client – design wholly in hands of client’s consultants of some details the contractor’s responsibility, or provision for specialist subcontractors
• Accountability – project manager or client’s representative – who is responsible.
• Appointment of a contractor – by negotiation or competitive tendering
• Certainty of final cost – lump sum? Fixed price or with fluctuations?
• Start and completion times – shortest programme or is a specific completion date required.
• Restrictions – security problems, restrictions on noise and working hours, occupied property?
• Changes during construction – likelihood of design changes during the project – can contract accommodate variations
• Assessment of risks - lowest risk to client and how have risks been apportioned
• Building relationships with the supply chain – long term relationship with a supplier (partnering)

Question 878

Which of the JCT standard forms of contract are lump sum contracts?

Answer 878

• Standard Building Contract
• Intermediate Works Contract
• Minor Works Contract
• Design and Build Contract

Question 879

Why might you choose to use a JCT contract rather than another standard form, such as the NEC?

Answer 879

o JCT uses more legal language and more precise terms and is more suited to those seeking a ‘hands off’ approach to the project and/or greater certainty about risk
o JCT is designed to transfer risk from the client to the contractor (can be adversarial)
o JCT required the client to appoint a CA/EA depending on the type of contract, who deals with processes, procedures and payment administration.
o JCT has no specific programme requirements/updates apart from start, completion and access dates and any sectional completion dates.
o Contractor only obliged to claim for more time and money after a risk event has occurred.
o Remuneration on a lump sum basis and cost variations/EOTs details with differently as time and costs are dealt with separately and an EOT does not guarantee a cost adjustment.
o More commonly used in the private sector – preferred by private commercial property developers as greater control by transferring risk as far as possible, which helps to meet the expectations of the funders.
- NEC suite uses simpler language designed to establish construction principles that can be interpreted in a common sense way as part of a flexible, collaborative project management approach. Tends to be used by experienced, proactive clients with depth of management resources – public bodies and large corporate occupiers – large buildings/infrastructure.

Question 880

How have you introduced contractor design elements into a traditionally procured project?

Answer 880

• I have incorporated a ‘Contractor’s Design’ element into both MW and IW contracts, providing details of the specific areas requiring design, and outlining the client’s requirements. This largely involves the design of lighting.

Question 881

Describe the different contract pricing mechanisms you have experienced and those you have yet to come across.

Answer 881

• Design and Build – the tender documents outlining the employer’s requirements are prepared by consultants in the form of a brief, which is developed into an outline scheme design. A single contractor is then appointed (either in limited competition or negotiated) who will deliver the requirements as outlined.
• Traditional lump sum method – client appoints consultants to prepare a specification or bill of quantities to enable the tendering process to select a contractors who is then appointed to construct the project as designed for a fixed sum within a certain time period.
• Management contracting – management contractor appointed on the basis of a fixed management fee (percentage of prime cost of the project) and rates for staff costs and common user facilities. The management contractor programmes, packages and obtains tenders for the works, which are let on a competitive lump sum basis to the management contractor. The client retains the cost risk, unless there is a default by the management contractor.
• Construction management – Similar to management contracting, but the project is split into packages and the client enters into separate contracts with each works contractor. They appoint a team and a construction manager on a fee basis, who manages the works.
• PFI (private finance initiative) - transforms government departments and agencies into owner/operators into purchasers of services from the private sector. Private firms become the long term providers of services, rather than up-front asset builders, combining the responsibilities of designing, building, financing and operating assets in order to deliver on the services demanded by the public sector.

Question 882

A client is re-fitting their offices at a cost of £5m. They would like to use the JCT IBC form as they are familiar with how it works. Give them some advice on the pros and cons of using the IBC form and suggest an alternative form.

Answer 882

• The intermediate contract is good for medium complexity works, up to a value of £1m.
• It is less detailed than the standard building contract, but more complex than the minor works contract.
• Suitable where no complex building service installations/specialist work
• Limited provisions for fluctuations
• It is very versatile and can be used on a wide range of project types and scales.
• It has the virtue of brevity and contains relatively simple procedures.
• It provides various options to integrate supplier design via the main contractor, the contractor’s subcontractors or client named specialist subcontractors
• If works are more complex, a Standard Building contract may be better.
• The contractor will not tend to be involved in design on a SBC
• Intended for large or more complex construction projects where detailed contract provisions are needed.
• It has fluctuations clauses, and if omitted, client would have to pay more for fixed costs.
• It has listed subcontractors, the option of a retention bond, variation quotations, acceleration quotations, third party rights and code of practice for tests.

Question 883

A client is setting up a framework agreement with contractors and consultants for a roll out programme of retail refurbishments ranging in price from £50k to £0.5m. Give some advice on suitable types of contract.

Answer 883

• IC – offers flexibility, option for phased completions,

- MW – less onerous, but offers no provisions for sectional completion.

Question 884

What is a domestic subcontractor?

Answer 884

• A subcontractor that contracts with the main contractor to supply or fix any materials or goods, or execute work forming part of the main contract.

Question 885

Does the construction act apply to subcontracts?

Answer 885

• Housing Grants, Construction and Regeneration Act 1996 is intended to ensure payments are made promptly throughout the supply chain. It applies to all contracts for construction operations including construction contracts and consultants appointments.

Question 886

Explain the law relating to pay-when-paid and pay-when-certified clauses in domestic sub-contracts.

Answer 886

• The Construction Act 1996 section 113 provides that any term making payment under the contract conditional on the payer receiving a payment from a third party is ineffective. Section 110 states that every construction contract is required to contain an adequate mechanism for determining what and when payments are due. ‘Pay when certified clauses are also intending to be prohibited to get around the issue.

Question 887

On a contract does a contractor have an automatic right to sub-let the works?

Answer 887

• As a general principle a contractor cannot sub contract performance of any part of the contract scope without consent of the employer unless the contract expressly states otherwise.

Question 888

Who owns domestic subcontractors’ materials on site?

Answer 888

• Unless the contract states otherwise, ownership of the materials will transfer to the client, even if they have not been paid for.

Question 889

If you wanted to get a domestic sub-contractor’s opinion on a matter, how would you go about approaching them?

Answer 889

• Via the main contractor, as the contractual relationship is with them.

Question 890

You are the designer on a project and want to make sure that the main contractor uses a competent subcontractor to carry out the cladding works on the building. You are reluctant to go down the nomination route. How can you make sure you have some control over who the main contractor uses, whilst keeping them a domestic sub-contractor?

Answer 890

• On a Standard building contract, you would be able to name listed sub-contractors that the contractor would have to choose from, but they would still be domestic subcontractors.

Question 891

The main contractor on your project is claiming an EOT for the non-performance of a domestic subcontractor. Is the contractor entitled to do this?

Answer 891

• No, as this does not form one of the relevant events.

Question 892

As the administrator of a contract, you do not like one of the domestic subcontractors and want to get rid of them off the site. What contractual rights do you have to get them removed?

Answer 892

• There is no contractual relationship between the employer and the subcontractor, so it would need to be the main contractor that removes any subcontractor.

Question 893

What is a named subcontractor?

Answer 893

• The same as a domestic subcontractor, who contracts with the main contractor after being named on a shortlist within the main construction contract.

Question 894

How is a named subcontractor included in the main contract?

Answer 894

• The client first provides a short list of acceptable subcontractors in the tender documents to the main construction contract. The tender documents allow for the subcontract package by including a provisional sum.
• When tendering the main contractor makes allowance for mark up, attendance and programme in relation to the subcontract package. Once appointed, the successful contractor seeks tenders for the package from the named subcontractors.
• Once the main contractor has selected and appointed a subcontractor, the provisional sum is replaced with the actual sum.

Question 895

What standard forms of contract contain provisions for naming?

Answer 895

• Intermediate Works Building Contract
• Standard Building Contract (and with contractor’s design)
• Major Project Construction Contract

Question 896

Why might someone want to name a subcontractor?

Answer 896

• It allows the client to influence the selection of subcontractors, while leaving responsibility for their performance on the main contractor.
• It is useful when works require specialist workmanship and experience and assured quality is necessary.

Question 897

Can the employer make direct payments to the named subcontractor?

Answer 897

• No, as there is no direct contractual relationship between the two parties. Payments to subcontractors should be made by the main contractor.
• The contractor is responsible for the subcontractor’s performance.

Question 898

If the named subcontractor is designing the works, does the main contractor have any design responsibility?

Answer 898

• One of the purposes of the ‘named subcontractor’ provisions in JCT IC 2016 is to enable the employer to procure a specialist’s design input. However, the main contractor is not responsible for defects in the named subcontractor’s design (only quality in terms of materials and workmanship).
• In order to ensure adequate contractual recourse against a named subcontractor for defects in their design, the employer should obtain a warranty.
• The works are checked by the main contractor, as they are responsible for the subcontractor’s performance.
• The client may also request a collateral warranty to bridge the contractual gap and create a direct contractual link for the benefit of those parties that might otherwise have no recourse.

Question 899

I am a client involved in fitting out an office. I have a standard corporate image that determines the look of my reception areas in all of my offices and I have a particular contractor who always does my reception areas. Could you give me some advice on whether or not I should include them as a named or domestic subcontractor on this fit out project? The form being used is the JCT IBC?

Answer 899

• Naming of subcontractors would allow you to influence the selection, by including them on the tender list, but there would need to be a minimum of three subcontractors listed, and the contractor is not obliged to select your preferred subcontractor.
• The subcontractor would be treated as a domestic subcontractor, so they would still be contracted to the main contractor, and this would allow you to influence contract selection.
• Costs may increase if named subcontractors are included, as the main contractor may disproportionately mark up the prices, to bear the burden of the additional risks of working with an unknown subcontractor.

Question 900

A named subcontractor on your project is designing works under his subcontract. What third party rights issues do you need to consider for your client and what documentation might you put in place?

Answer 900

• There is no contractual link between the client and the named subcontractor, and the main contractor has no liability for any design defects, only that of poor workmanship or materials.
• I would recommend that my client implements a collateral warranty to bridge the contractual gap and create a direct contractual link for the benefit of those parties that might otherwise have no recourse.

Question 901

What is a nominated subcontractor?

Answer 901

• Nominated subcontractors are pre-selected by the client and then imposed on the contractor once in contact.
• Usually borne out of working together earlier in a project’s development e.g. feasibility stage or outline design stage where the specialist has provided input which has allowed the client to drive their project forward to the build stage.
• Performance issues leading to project delay and the potential for insolvency of the nominated subcontractor could have an impact on the contractor’s programme, which could be levied at the client. The contractor may also be wary of the performance issues associated with nominated contractors and may reject their appointment or seek to be indemnified before they agree to take them on. Most court rulings absolve the contractor from responsibility in such matters.
• It can be done by either by naming the firm in the contract documents or issue an instruction relating to a provisional sum, which may be objected to by the contractor.

Question 902

What standard forms of contract contain provisions for nomination?

Answer 902

• JCT Standard Building Contract as a named specialist.

- Not common since 2005, but is used on international contracts.

Question 903

Why might someone want to nominate a subcontractor?

Answer 903

• Usually borne out of working together earlier in a project’s development e.g. feasibility stage or outline design stage where the specialist has provided input which has allowed the clilent to drive their project forward to the build stage.
• May have worked with them before and found them reliable.
• Long delivery items where ordering is necessary before the appointment of the main contractor
• Where specialist design input is needed

Question 904

How is a nominated subcontractor paid?

Answer 904

• Via the main contractor as there is no direct contractual link to the client.
• The contractor must pay the nominated subcontractor the certified amount, but the contract might allow the client to pay the nominated subcontractor directly if the main contractor fails to do so.

Question 905

Who is responsible for doing the interim valuations under a nominated subcontractor.

Answer 905

• The client’s cost consultant will periodically value their work and the amount properly due is then shown as a separate amount on interim certificates. The amount is also notified to the nominated subcontractor.

Question 906

Who is responsible for the performance of the nominated subcontractor, the employer or the contractor?

Answer 906

• The contractor may or may not be held responsible depending on the wording of the contract, but as the contractor has no choice in the selection of the nominated subcontractor, they generally are not held responsible for their failure to perform. However, as the contract for the nominated subcontractor is with the main contractor, not with the client, the client should ensure that they have a direct warranty with the nominated subcontractor to guarantee performance and to indemnify the client if any default allows a claim for loss and expense or extension of time by the main contractor.

Question 907

Give your client some advice on the disadvantages of nomination.

Answer 907

• The client will take on additional risk, as the contractor is instructed to enter into a contract with them, and design/performance liability will be shifted towards the client.
• There can be issues if the subcontractor becomes insolvent.
• Performance issues may impact on the programme and the liability would sit with the client, in terms of EoT and loss and expense.
• May lead to disputes.

Question 908

I am a Scottish bank and am building an office for my staff in the south of England. I have successfully used a fit out contractor on previous refurbishment contracts in my other offices and would like to use them again on this project for fitting out elements of the work. Could you give me some advice on whether or not I should include them as a nominated subcontractor on this new build project, or is there an alternative? The form of contract being used is the standard building contract.

Answer 908

• The issue is that the main contractor may not wish to engage with this subcontractor and if they have a reasonable objection, it may be necessary to suggest alternatives.
• It may be more expensive, as the contractor is likely to inflate costs to cover risks.
• More likely to encounter disputes
• Issues of performance and design liability
• Collateral warranties needed.
• Alternatives could be named contractors, where three are listed, and the contractor can select between them. Less liability for client to take on.
• Domestic subcontractors, and all liability goes to the contractor for performance and design.

Question 909

The main contractor on your project is claiming an extension of time for the non-performance of a nominated sub-contractor? Is he entitled to do this?

Answer 909

• If an indemnity is agreed, then the contractor can claim if the subcontractor fails in the contractor’s obligations, but if no objection and indemnity was implemented, the contractor has no recourse against the employer for any damages caused by the subcontractor, but may be able to claim for damages against the subcontractor provided that the subcontract contains such provisions.

Question 910

What constitutes a construction contract under the Construction Act?

Answer 910

• An agreement for the carrying out of construction operations, including the construction of structures forming part of the land, whether permanent or not.

Question 911

What happens if a construction contract does not conform to the Construction Act?

Answer 911

The changes implemented are mandatory and parties cannot contract out of them. If a construction contracts that do not comply with the amendments will automatically have the new rules implied into them by the Scheme for Construction Contracts. It supplements the provisions of the Act where it has deficiencies relative to the requirements of the Act, or replaces the contract where it is non compliant.

Question 912

Are the contracts on your projects signed under hand or as a deed and what are the implications?

Answer 912

• Under deed.
• The majority are executed as deeds with the main advantage that the limitation period for bringing a claim under a deed is 12 years (under hand is only 6 years).
• Where a collateral warranty consists of unilateral undertakings by one party, the contact must be under deed if it is to be enforceable.
• Deeds are enforceable even when no consideration is being exchanged.

Question 913

Explain how the contracts on your projects comply with the payment provisions of the Construction Act.

Answer 913

• A payment schedule is included within the contract.
• This outlines the starting date for the contract, all interim valuation dates, the timeframe within which the project will be completed and the estimated total contract sum.
• It sets out who needs to do what and when.

Question 914

Explain how a letter of intent has been used at the start of one of your projects.

Answer 914

• A letter of intent was issued to the contractor at an early stage, including key details of the project, expressing an intention to enter into a contract at a future date to enable the contractor to start incurring preliminary costs and place orders for items with longer lead in times. It was used as interim arrangement until the contract documents could be drafted and executed.

Question 915

What are the dangers of using a letter of intent to start a project?

Answer 915

• A letter of intent usually contains little detail which means that if a court or arbitrator concludes that a contract has been formed, it is likely to be a simple contract lacking the detailed terms that cover every aspect of the project.
• If parties commence work on the basis of a letter of intent or simple contracts and fail to agree on an applicable cap on liability, a court may conclude that there is a contract between the parties, but that it does not contain any cap on their liability. It is therefore safer not to commence work until there has been an agreement over the terms.
• If parties opt to commence work under a letter of intent, they should have regard to scenarios where no formal contract is concluded and ensure that there are provisions in place to allocate risk.

Question 916

From your experience, when and how is novation used on projects?

Answer 916

• Novation normally occurs when design consultants are initially contracted to the client, but are then novated to the contractor. This is common on design and build contracts. It effectively overwrites the contractual history to give the impression that the consultant has worked for the contractor throughout the project, but does not make the contractor responsible for any design carried out for the client prior to novating their contract.

Question 917

Where would you expect to see assignment being used on one of your projects?

Answer 917

• It is the transfer of a right or invest vested in one party to another party and will entitle the assignee to demand performance of a contractual obligation.
• Only rights can be transferred by assignment.
• Often arises where a party to a construction contract, collateral warranty or consultant’s appointment wants to assign the benefit under that contract to a third party, such as a purchaser or tenant of a building.
• A bank or funder may also want assignment to acquire the benefits of such documents in the event of default by the employer of its financial obligations during the course of the works.

Question 918

From your experience, how many assignments are usually permitted by a collateral warranty?

Answer 918

• There is usually a restriction on the employer’s ability to assign – often it will provide that 2 assignments are allowed. Subject to the nature of the works and whether or not they are likely to be sold often, the warranty may need to expressly provide for assignment more than twice throughout the 12 year period.

Question 919

Explain a piece of case law that you are aware of that relates to contract law.

Answer 919

• Harvey v Facey (1893) – related to the sale of a property. Facey stated their lowest price they would accept for the property, but did not indicate an intention to sell, as they had not answered the question of whether they would sell the property. This confirms that an offer requires an intention to be bound.

Question 920

A subcontractor tells you that the main contractor is withholding payment from him on a pay when certified basis and asks if he is entitled to do that. How would you reply?

Answer 920

• I would confirm that the Construction Act prohibits such a clause, as payment should not be conditional on another contractual arrangement, and that they would be able to suspend performance if payments were withheld.

Question 921

A client has got his lawyers to draw up a bespoke construction contract. He has asked you to have a look. To make sure it complies with the Construction Act, what clauses would you expect it to contain?

Answer 921

• Payment schedule, including notice regime
• Clauses that allow employer to withhold payments without notice in the event of contractor insolvency
• Clauses allowing contractor to suspend performance for non-payment
• No conditional payment clauses.

Question 922

On one of your projects, all the contract documents have been compiled and signed by your client, but the contractor has not signed them. You are now three months into the construction period and the contractor is working on site and is on programme. Is there a contract in place?

Answer 922

• It is a contract if it has been created on terms intended by the parties for incorporation into a final contract even though the contractor has not formally executed it.

Question 923

What is a pre-construction agreement and when would it be used?

Answer 923

• It enables clients to employ contractors before the main construction commences.
• Typically they are part of a two step tender process, used in the first stage to procure contractor involvement in the design process.
• The early involvement of the contractor should improve the buildability and cost certainty of the design and create a better project team, reducing the likelihood of disputes.
• It is important that the client ensures they have some means of securing an alternative bid if the second stage negotiations fail.

Question 924

What is a framework agreement?

Answer 924

A framework is an overarching agreement put in place with a provider or range of providers that enables buyers to place orders for services without running lengthy full tendering exercises.

Question 925

Why do we use collateral warranties?

Answer 925

• They are used to bridge the contractual gap and create a direct contractual link for the benefit of those parties that may otherwise have no recourse.
• It is a contract under which a party involved in the works warrants to a third party beneficiary that it has fulfilled its obligations under its underlying building contract, subcontract or professional appointment.
• They are needed as courts decided that defects in buildings are not recoverable in tort, as they are an economic loss, which is only recoverable through a contractual relationship.

Question 926

Explain how a pre-construction agreement has been used on one of your projects.

Answer 926

• I have not experienced a pre-construction agreement on any of the projects that I have been involved in, but I am aware that they are used on a two-stage tendering process and enable a client to employ a contractor before the main contract commences to involve them in the initial design meetings to improve both buildability and cost certainty.

Question 927

Explain how partnering has been used on one of your projects.

Answer 927

• I have not experienced partnering on any of the projects that I have been involved in, but am aware that this a collaborative management approach that encourages openness and trust between parties to a contract. It should integrate the whole project team for the mutual benefit of all.

Question 928

Explain how collateral warranties have been used on one of your projects.

Answer 928

• I have not experienced collateral warranties on any of the projects that I have been involved with, but am aware that they are used to bridge the contractual gap and create a direct contractual link for the benefit of those parties that may otherwise have no recourse.

Question 929

How does the role of a contract administrator under the JCT standard form differ from that of the employer’s agent under the JCT design and build form?

Answer 929

• They are the same. The only difference is that an Employers Agent performs the contract administration role within design and build contracts whereas the contract administrator performs the same role in traditional forms of contract.
• However, normally an employer is not able to challenge the employer’s agent’s decisions on a D&B contract. Either party can challenge the CA in a traditional contract.

Question 930

What is the role of clerk of works?

Answer 930

• On larger projects it may be appropriate to appoint a resident site inspector/clerk of works to inspect the construction works as they proceed on behalf of the client. They provide an independent assessment of the works and will generally report to the CA, but do not supervise the works.

Question 931

On your projects, has the employer under the contract had the right to instruct the contractor directly and why?

Answer 931

• No, as if the client issues the instruction, this may constitute a new contract.

Question 932

Apart from hitting the completion date, does a contractor have to follow the construction programme under a JCT form of contract?

Answer 932

• There is nothing in the JCT contract that obliges the contractor to have a master programme. As it is produced after the execution of the contract, the programme does not impose any obligation on the contractor beyond those obligations imposed by the contract documents.

Question 933

Outline to a client his obligations under the standard for of contract that you have the most experience of.

Answer 933

• JCT Minor Works Contract
• Procuring the design - Provide specification for the building, including drawings
• Make suitable arrangements for managing the project
• Compliance with CDM 2015
• Make payments within the necessary timeframes

Question 934

What contract documentation would you expect to see on a design and build project?

Answer 934

• Articles of agreement and conditions of contract
• Employer’s requirements
• Contractor’s proposals
• Contract sum analysis
• Bill of quantities

Question 935

What are the benefits of using the NBS?

Answer 935

• A consistent approach to authoring specification information across the construction team
• Use of masters to build up a library of commonly used master specifications to save time
• Allows for collaboration
• Products can be instantly incorporated

Question 936

On what types of project would you expect to see a contract sum analysis being used?

Answer 936

• Prepared by a contractor as part of their tender on design and build projects.
• It breaks down the contractor’s price into a form allowing the client to analyse it and compare it to other tenders. It may be used as a basis for calculating payments due to the contractor as the works progress.

Question 937

What is the ranking of contract documents?

Answer 937

• An order of precedence will rank documents in the contract such that it should be clear which documents take precedence. It will often rank bespoke amendments over standard form provisions, but will need checking in each instance. More significant problems can arise when there are conflicts between provision within the same contract document or where contract documents are equally ranked.
• It is not always clear which document prevails after the contract has been entered into, unless a strict order of precedence has been included.

Question 938

Explain how you have produced a preliminaries document for one of your projects.

Answer 938

• I included details of the project, describing the works as a whole, specifying general conditions and requirements for their execution, including subcontracting, approvals, testing and completion.
• It includes a general summary, method statements, pre-construction information, planning conditions, party wall requirements, emergency services obligations, reporting requirements for the contractor, quality management procedures, site waste management, contractor’s site prelims such as welfare.

Question 939

In your experience, who is usually responsible for compiling the contract documents?

Answer 939

• The contract administrator on behalf of the client

- This is issued to the client for review by their solicitors before it is executed.

Question 940

A client asked you to compile a bespoke form of contract for his specific requirements. How would you respond?

Answer 940

• I would explain that there are dangers with issuing bespoke contracts, as it is imperative that all of the various issues are considered and addressed within it, to avoid conflict and disputes later.
• If the client does require a bespoke contract, I would recommend that they seek legal advice and request that a qualified solicitor draft a lease.

Question 941

Your client is worried about complying with health and safety requirements. Explain to him what contract documentation he has to include to comply with the CDM regulations.

Answer 941

• Pre-Construction Information
• Employ a Principal Designer
• Ensure contractor provides a construction phase plan.
• H&S file
• F10 notification

Question 942

Explain the difference between sectional completion and partial possession?

Answer 942

• Sectional completion – a provision with construction contracts allowing different completion dates for different sections of work – common on large projects, allowing client to take possession of the completed parts whilst construction continues on others. It is pre-planned and defined in the contract documents. It must be an express term of the contract and reflected by the fact that there are multiple completion dates rather than just one. The extent of each section must be clearly defined and liquidated damages and the amount of retention that will be released must be specified for each section. There may need to be clarification on how EoT provisions will be applied if delays to one section delay another. It follows the same handover procedures as normal completion. Some work within the section may remain outstanding such as O&Ms which will cross all sections.
• Partial possession – there can be pressure for client or tenants to take possession of a building or site as it nears completion, even if the works are ongoing or there are defects to be rectified. In the absence of sectional completion, many contracts offer the more open ended option of partial possession. That part is deemed to have achieved practical completion, half of the retention must be released and the defects liability period begins and the client is responsible for insurance of that element. The contractor is not obliged to allow partial possession although it cannot be unreasonably withheld. They may not wish to if access routes are difficult to achieve and it would disrupt works and incur additional costs. This could be an issue if the occupants disrupt the contractor, which could result in an EoT and /or loss and expense.

Question 943

Explain the difference between the Contractor’s Design and Performance Specified Works.

Answer 943

• Performance specified – refers to aspects of a building development that are identified in contract documentation to be designed by contractors/suppliers. They describe the result required from particular items and leave it to the contractor to satisfy the requirement, requiring them to complete the design.
• Contractor’s design – agreement for the contractor to design specific parts of the works. The client’s requirements will generally be set out in the tender documents as employer’s requirements in response to which the contractor will submit contractor’s proposals.

Question 944

What happens if the contractor has not finished the works by the contract completion date, if no extensions of time have been granted?

Answer 944

• A certificate of non-completion will be issued
• This entitles the client to claim for liquidated damages. These are deducted from monies otherwise due to the contractor providing that a pay less notice has been issued, setting out the basis for the calculation.

Question 945

What is a lump sum contract?

Answer 945

• Traditional means of procuring construction and the most common.
• A single lump sum price for all the work is agreed before the work begins.

Question 946

What basic contract insurances are used on most construction contracts?

Answer 946

• Collateral warranty – imposes an extended duty of care and broader liability on parties.
• Contractor’s all-risks insurance/contract works insurance – covers all risks associated with a construction contract commonly issued under the joint names of the contractor and principal client. Can be extended to cover public liability, business interruption and equipment erection.
• Employers’ liability insurance – pays compensation if an employee is injured/ill due to work undertaken.
• Directors/officers insurance – protects company directors and officers from claims by shareholders/creditors.
• Flood insurance
• Integrated project insurance – insures client and all other partners such as consultants, specialists, manufacturers, construction managers and supply chains.
• Latent defects insurance – provides cover for new buildings in event that latent defects become apparent.
• Legal expenses insurance
• Legal indemnity insurance – recompense in the event the policy holder incurs capital loss or expense in dealing with a range of possible legal issues.
• Office combined/contents/buildings insurance – insured against damage or theft.
• Performance bond – means of insuring the client against the risk of a contractor failing to fulfil contractual obligations – concern if contractor becomes insolvent before completing the contract. Bond provides guaranteed compensation up to the amount of the performance bond (cost usually borne by contractor).
• PII – for all providers of professional services it is essential – covers negligence.
• Public liability insurance – required of contractors to provide cover against death or personal injury, or loss/damage of property of third parties.
• Residual value insurance – designed to underwrite valuation of assets at the date of termination of a lease or other financial arrangement.
• Terrorism insurance

Question 947

Can a contract administrator issue verbal instructions to the contractor under all JCT forms of contract?

Answer 947

• Generally instructions must be made formally in writing following a procedure set out in the contract.
• Common for contracts to allow instructions be given verbally, but the CA should then confirm the instruction in writing to the contract administrator (confirmation of verbal instruction)
• No – SBC 2016 and D&B 2016 requires oral instructions to be confirmed in wiring within 7 days.

Question 948

Explain the difference between mediation, adjudication and arbitration.

Answer 948

• Mediation – consensual process of dispute resolution in which a third party mediator, appointed by the parties to the dispute, assists in the negotiated resolution of the dispute.
• Adjudication – a contractual/statutory procedure for swift interim dispute resolution provided by a third party adjudicator selected by the parties in dispute. Decisions are binding unless revised by arbitration or litigation. There is no right of appeal and limited right to resist enforcement. Generally adjudicators cannot award costs other than their own fees and expenses.
• Arbitration – a private, contractual form of dispute providing for the determination of disputes by an impartial third party arbitrator or arbitration panel (lawyer/expert), select by the parties to the dispute. The decision, known as an award, is legally binding and can be enforced through the courts. Normally there is no appeal. Arbitrators have the power to ascertain facts, rather than just listen to submissions, and to order costs.

Question 949

What is the rectification period?

Answer 949

• A period following practical completion (usually 6 or 12 months) during which a building contractor remains liability under a building contract for dealing with any defects which manifest themselves.
• Duration at the end of the contract whereby the contractor undertakes to rectify any defects that arise within the structure at the contractor’s expense, providing that they were due to materials and workmanship not being in accordance with the contract.
• In the event that the contractor failed to rectify any defects the employer may employ another contractor to carry out the works and recover the cost of doing so from the main contractor.
• The retention money retained may be used to cover the costs of making good.

Question 950

Explain what happens contractually when the works are complete on your projects?

Answer 950

• Practical completion is certified and issued alongside a snagging list.
• The works are valued and payment certificates issued, and half of the retention released.
• Ends contractor’s liability for liquidated damages.
• Signifying the beginning of the rectification period.
• Client takes possession of the site and must insure the property.

Question 951

From your experience, how are liquidated damages recovered by the employer?

Answer 951

• A pay less notice is issued outlining how the damages have been calculated, and the sums due are deducted from the contractor’s payment.

Question 952

How have you adjusted liquidated damages when partial possession has occurred on one of your projects?

Answer 952

• This would depend on the provisions within the contract. If a provision was included, liquidated damages could be reduced proportionally, however, I am aware that the courts have found that a single rate of liquidated damages can be valid and enforceable in circumstances where an employer has taken partial possession of the works unless the contract provides otherwise.

Question 953

How have you gone about setting up sectional completion on a project?

Answer 953

• I included separate staggered completion dates for each of the sections to enable the client to take these areas back sooner.
• I ensured each section was clearly defined and liquidated damages and the amount of retention was defined for each section.
• A specific provision was also included to ensure that delays to one section would not lead to non-completion in the other sections.

Question 954

On your projects, is the contractor entitled to claim for loss and expense against all extensions of time?

Answer 954

• No. The contractor is only able to claim for loss and expense as a result of progress of works being materially affected by relevant matters for which the client was responsible, such as:
  o Failure to give possession of the site
  o Failure to give contractor access to/from site
  o Delays in receiving instructions
  o Opening up works that prove to have been carried out in accordance with the contract
  o Discrepancies in the contract documents
  o Disruption caused by works being carried out by the client
  o Failure by the client to supply goods/materials
  o Instructions relating to variations and expenditures of provisional sums
  o Inaccurate forecasting of works described by approximate quantities
  o Issued relating to CDM

Question 955

When completing the contract particulars on a JCT Standard Form, how would you find out if the Joint Fire Code applies or not?

Answer 955

• I would review whether the property was at high risk of fire (timber) and the value of the works. (Over £2.5m)

Question 956

When would you expect to see the professional indemnity insurance used on a construction contract?

Answer 956

• The contractor is required to carry PII and the level and amount of cover should be included in the contract particulars (if not included it will be the aggregate amount for any one period of insurance, and if no amount is stated then no insurance will be required).

Question 957

Outline the interim payment process under a standard form of contract that you are familiar with.

Answer 957

• JCT IC 2016 – interim valuation is generally prepared by the contractor ahead of the interim valuation date. It is checked and signed off by the CA following a site visit to check that the work has been carried out. A payment certificate and valuation document is then issued 7 days after the interim valuation date, with the final payment due 14 days from the due date.

Question 958

Where in a JCT Standard Form would you expect it to say if materials off site are to be paid for in interim payments?

Answer 958

• Interim certificates might include amounts in respect of off site ‘listed items’. These may be materials or goods and/or prefabricated items for inclusion in the works and the items must be listed by the employer and the list attached to the bill of quantities or specification/schedule of work and supplied to the contractor at the tender stage.
• The value of a listed item may be included on an interim certificate prior to its delivery on site provided certain preconditions are fulfilled (insurance in place, is under order, is in accordance with the contract, the property is vested in it, etc).

Question 959

What is the adjudication procedure as set out in one of your contracts?

Answer 959

• IC 16 – adjudicator may either be named or nominated by the nominating body in the contract particulars. (RICS)
• The party wishing to refer a dispute to the adjudicator must first give notice and should briefly identify the dispute or difference, give details of where and when it has arisen, set out the nature of redress sought and include the names/addresses .
• If no adjudicator is named the parties may either agree an adjudicator or apply to the nominator identified in the contract
• The referring party must refer their dispute to the selected adjudicator within 7 days of the date of the notice and the adjudicator will then set out the procedure to be followed.
• A decision must be reached within 28 days of referral.
• The parties must meet their own costs of the adjudication unless they have agreed that the adjudicator has the right to award costs.

Question 960

Explain to your client how he should approach calculating liquidated damages for his project?

Answer 960

• These should be calculated based on the actual loss to the client and should be calculated to include genuine loss from rent on temporary accommodation, removal costs, extra running costs, loss of rent, etc. They are generally set as a fixed daily or weekly sum, but cannot be a penalty or they would be unenforceable (must be genuine loss).

Question 961

You join a project in the post contract phase and find in the contract particulars that £0.00 has been included against a liquidated damages clause. What does that mean for the employer?

Answer 961

• I would explain that they would not be entitled to claim liquidated damages should the construction programme be delayed due to the fault of the contractor, but that it may be possible to seek unliquidated damages. However, this may be taken to mean that losses for unliquidated damages are also £0. If parties wish to exclude liability for liquidated damages, they must state this clearly in the contract to avoid ambiguity, wither stating that unliquidated damages apply or deleting the clause altogether.

Question 962

On a project, the works have not been completed by the contract completion date and no extension of time has been granted. The CA has not issued a certificate of non-completion. What is the contractual position with regards to damages?

Answer 962

• Time will be at large and the contractor will no longer be bound by the obligation to complete the works by a certain date, but should do so within a reasonable time.
• Some contracts require that a certificate of non-completion is issued as a pre-requisite for deducting liquidated damages (JCT Standard Form). The Minor Works contract does not require a certificate of non-completion to be issued, but it is considered best practice to issue one anyway.
• The client would only be able to claim for damages if they could establish that the contract was not completed within a reasonable time.

Question 963

On what grounds can the employer or the contractor determine the contract under a JCT Form?

Answer 963

• Breach of contract/repudiation – due to refusal to carry out work, abandoning site, removing plant from site, failure to make payments, employing others to carry out the work, failure to allow access to site, failure to proceed regularly and diligently, failure to remove/rectify defective works.
• Frustration – where circumstances out of the control of both parties mean it is impossible to continue with the contract – force majeure.
• Convenience – if client fails to secure sufficient funding to allow the project to proceed – can leave terminating party open to significant claims by the other party. Often only available to the client or not included within the contract.
• Insolvency/bankruptcy
• Suspension – may have right to terminate at the end of the suspension period if it becomes prolonged.

Question 964

Your client wants to take early possession of a part of the works. There is no sectional completion on the project. Contractually, how can he go about this?

Answer 964

• He can request partial possession from the contractor.
• This would allow the client to take back possession unless the contractor has reasonable reasons to refuse.
• This may lead to issues with delaying the contractor from completing works to other sections, which could lead to a request for an EoT/loss and expense.
• Practical completion would need to be issued for this section, and liquidated damages would need to be apportioned, if this is provided for in the contract.
• Client would need to insure this section of the building.

Question 965

Your client asks the CA to issue the completion certificate early before the works are in fact complete, so that he can release half of the retention in his current financial year. Explain the risks of doing this.

Answer 965

• Once PC is certified, it ends the client’s rights to claim for any delays to the work, and they may lose any rights they had to claim on a performance bond.
• Rectification period commences and the CA can only give instructions in relation to any incomplete work and defects that arise during this period.
• The CA can no longer issue any variations
• Liability to insure the property would also pass to the client, along with the risk of loss or damage to the works.

Question 966

Why did you retender the works to the contractors rather than add an inflationary increase to the winning tender for the Lowfield Heath project?

Answer 966

• I provided my client with both options, but recommended that a full re-tender would be more prudent given the volatility of costs/availability of goods due to Covid.

Question 967

What is frustration?

Answer 967

• Occurs when any event or circumstances beyond the control of both parties changes the contractual obligations or makes it impossible or illegal for them to fulfil their contractual obligations.
• The happening of such events automatically discharges contract
• Davis Contractors vs Fareham UDC case law set out 3 basic points for frustration to have occurred including:
  o The frustrating event is not caused by the default of either party
  o The contract becomes impossible to fulfil as it has become something entirely different from the original agreement between the parties
  o No provision in the contract to cover the eventuality that is a frustrating event

Question 968

How would you respond if the client advised you that the Liquidated damages are to be £100k per week?

Answer 968

• I would check that the liquidated damages figure is based on a genuine pre-estimate of financial loss and explain that in the event liquidated damages are to be applied, they would need to substantiate this figure.
• I would also explain that if the figure inserted into the contract is likely to be punitive and not based on a genuine financial loss, it is not likely to be enforceable.
• In this scenario the employer will have to pursue the main contractor for any actual direct loss that can be substantiated through a formal dispute resolution procedure.

Question 969

What must be in place before liquidated damages can be deducted?

Answer 969

• A non-completion certificate
• A withholding notice (Pay less notice)
• Any other notices required by the contract

Question 970

What if the employer actually suffered no loss or damage in the event of non completion?

Answer 970

• It does not matter

- The damages can still be deducted at the value stated in the contract.

Question 971

If there is a discrepancy between the employer’s requirements and the contractor’s proposals, which prevails?

Answer 971

• The contractor’s proposals as they sit above the employer’s requirements.

Question 972

What does JCT stand for?

Answer 972

• Joint Contracts Tribunal

Question 973

What are the main parts of the JCT contracts?

Answer 973

• Recitals
• Articles
• Contract particulars
• Attestation
• Conditions divided into 9 sections (7 for minor works)
• Schedules

Question 974

Name the 9 sections within the JCT contract.

Answer 974

• Definition and interpretation
• Carrying out the works
• Control of the works
• Payment
• Variations
• Injury, damage and insurance
• Assignment, third party rights and collateral warranties
• Termination
• Settlement of disputes

Question 975

What are the different certificates you are aware of under JCT forms of contract?

Answer 975

• Interim certificates
• Practical Completion Certificate/Sectional Completion Certificates
• Certificate for Making Good
• Final Certificate
• Non-completion Certificate

Question 976

What are the benefits and disadvantages of the traditional procurement route?

Answer 976

 Pros
• Quality – full design pre-tender
• Design flexibility – variations and instructions
• Specialist subcontractors – named
• Design control – architect/CA
• Contractor’s designed portion
• Cost – lump sum cost benefits unless multiple changes made
 Cons
• Requires full detailed pack pre-tender (time)
• Cost – not a benefit it many changes are made post tender
• Incomplete drawings – lead to delay, costs and claims of negligence

Question 977

What are the benefits and disadvantages of the single or two stage design and build procurement route?

Answer 977

 Pros
• Fast track, overlap of design and construction
• Lump sum cost – guaranteed maximum price
• Single point of responsibility
• Good price certainty
• Novation – can benefit quality
• Low risk for the client
• Variations can be accurately valued
 Cons
• Can lead to low quality products/build quality
• Requests for changes will have cost and time implications
• Contractor carries risk for the construction
• Client exposed to claims for buildability
• Design could affect buildability of the project

Question 978

What are the benefits and disadvantages of a management contract procurement route?

Answer 978

 Pros
• Complex/specialist projects – individually appointed packages to best suited subcontractor
• Potential cost saving – competitive tender
• Possible to overlap design and construction – time saving
• Quality – each package subcontracted to specialist
• Design flexibility – changes can be made throughout construction but there are cost implications
 Cons
• Inexperienced clients – high risk
• Fixed cost – prime cost basis per package
• Lack of available specialists – gaps in work to be undertaken

Question 979

Why was the traditional procurement route selected for your case study project?

Answer 979

• To give the client more control over the design – simple design with only minimal contractor’s design elements.
• Greater level of cost comparison between tendering parties.

Question 980

What is the process for a contractor submitting an EoT request?

Answer 980

• Contractor must give written notice to the contract administrator identifying the relevant event that has caused delay when it becomes reasonably transparent that there is likely to be a delay.
• If the CA accepts that the delay was caused by a relevant event, they may grant an extension of time and the completion date is adjusted.

Question 981

What is the process for a contractor submitting a loss and expense request?

Answer 981

o Contractor must give written notice of a claim as soon as it becomes reasonably apparent that the regular progress is materially being affected.
o Need not necessarily result in a delay to the completion date, so claims for EoTs and loss and expense do not always run together.
o Claims restricted to direct loss and expense so consequential losses are generally excluded.
o Relevant matters where works are materially affected for which the client is responsible

Question 982

What is float?

Answer 982

• Total extra time, beyond what the contractor actually needs, which it will typically add to the end of its construction programme.

Question 983

What is the process for interim payments in a JCT contract?

Answer 983

• Interim valuation dates to be agreed by the parties in the contract particulars – same day in each month or the nearest business day in that month
• If parties fail to specify a date it will default to being a month after the date of possession.
• Due date which triggers the payment cycle is now 7 days after interim valuation date
• Responsibility on CA to issue a payment notice no later than 5 calendar days from the due date for payment. It is required to be issued regardless of whether the CA is in receipt of an application for review.
• If payment notice is not issued, the contractor’s interim valuation application becomes due.
• Final date for payment is 14 days from the due date, with pay less notices still needing to be served no later than 5 days before the final date for payment.

Question 984

What is a specification?

Answer 984

• Specifications describe the products, materials and work required by a construction contract
• Does not include quantity or drawn information and so need to be read alongside other information such as quantities, schedules and drawings.
• Vary depending on the stage to which the design has been developed, ranging from performance specifications that require further design work to be carried out to prescriptive specifications where the design is already complete.
• Prescriptive specifications (generally for complex works) give more certainty about the end product, whereas the performance specification (generally for simple works) gives suppliers more scope to innovate and adopt cost effective methods of work, possibly offering better value for money.
• It should be possible to verify the standards of products and workmanship by testing, inspection, mock ups and samples, and documentation such as manufacturer’s certificates.
• A standard classification system should be followed, such as Uniclass.

Question 985

What is the difference between preliminaries and preambles?

Answer 985

• Preliminaries provide a description of a project that allows a contractor to assess costs that, while not part of the works, are required by the method and circumstances of the works. Prelims and works sections together describe what is required to complete the works required by the contract.
  o E.g. subcontracting, approvals, testing and completion procedures
• Preambles is a document that helps with the interpretation of the document.

Question 986

What is the difference between preliminaries and preambles?

Answer 986

• Preliminaries provide a description of the project that allows a contractor to assess costs which, whilst they do not form part of the package of works, are required by the method and circumstances of the works.
• Purpose is to describe the works as a whole and to specify general conditions and requirements for their execution
• This includes:
  o The site (description, access, parking)
  o The works
  o Contract conditions (rectification, payments, insurance, collateral warranties)
  o Management of the works (working hours, etc)
  o Security, health and safety
  o Site setup and welfare
• Preambles is a document that helps with the interpretation of the document.
• Does not form part of the cost
• Might include
  o Description of parties to the contract
  o Description of competence
  o Background
  o Summary of negotiations
  o Tendering procedure
  o Objectives

Question 987

What is a client’s brief?

Answer 987

• Describes the client’s requirements in sufficient detail to allow the design of the budget cost plan and specification for approval.
• The client’s main aims and requirements, as well as budget.

Question 988

What information should be confirmed during a design meeting with a client?

Answer 988

• Process of creating a solution to a brief and then preparing instructions allowing that solution to be constructed
• It is an iterative process, where at each iteration there are inputs, there is a design process and then there are outputs.
• Greater need for specialist input as the design progresses

Question 989

What is NBS software?

Answer 989

• NBS Chorus is a cloud based collaborative specification platform

Question 990

What is NBS software?

Answer 990

• NBS Chorus is a cloud based collaborative specification platform
  o Owned by RIBA
  o Describes materials, standards and workmanship for construction projects
  o Also contains preliminaries documents
  o UK industry standard
  o Used as it provides all the latest legislation and British Standards relevant to the works.

Question 991

How do you go about making design decisions on a project?

Answer 991

• Meet with the client to discuss their requirements, vision and preferences, involving local agents and other stakeholders if necessary
• Draw up a detailed client brief and budget cost plan/precis of works for approval
• Once agreed, a full specification should be drawn up

Question 992

How do building regulations influence your design decisions on site?

Answer 992

• These must be taken into consideration when designing a new build, or alterations to an existing building.
• For instance, when I was considering the different options to repair a number of pitched tiled roofs at a building in Petworth, I considered Part L of the Approved Documents to confirm what level of insulation would need to be installed if the roof was fully replaced.
• For instance, when I was working on the refurbishment of a warehouse in Lowfield Heath, it was necessary to consult Part B of the Approved Documents to confirm the maximum travelling distances at the design stage. I also consulted with Approved Inspectors on a number of projects to confirm compliance with, for instance, fire stopping and accessible provisions.

Question 993

What is the purpose of building regulations?

Answer 993

• Building Regulations are a set of standards to ensure that a property is safe to live in, is comfortable and increasingly energy efficient and mitigating its contribution to carbon emissions.
• Building Regulations approval is required if you intend to carry out any structural work or alterations.

Question 994

Who can grant Building Regulations approval?

Answer 994

• LA inspector or approved inspectors must inspect and certify the works.
• A building inspector appointed through the LA and an approved inspector will carry out the same duties and will check plans for compliance when a full plans application is made and carry out site inspections when requested to check work on site at various stages.
• Only an LA inspector has powers of enforcements. An Approved Inspector must hand the project over to the LA if there are problems with a project that cannot be resolved informally.
• There is very little difference in cost whether using an approved inspector or working directly with the LA.

Question 995

What recent updates have been made to the building regulations and approved documents?

Answer 995

• Part O is a new regulation covering Overheating
  o Looks at mitigating against solar gain and overheating caused by uninsulated heating pipes, cylinders, or a lack of heating system controls in new homes. A maximum limit has been set on the amount of glazing permitted on new residential buildings,care homes, schools and student accommodation to reduce unwanted solar heat.
  o New levels of cross ventilation required to remove excess heat.
• Part S focusses on electrical vehicle charging points
  o Properly planning EV charging points is requirement
  o All domestic new builds must have the preparatory work completed for the future installation of an EV charging point.
• Uplifts to Approved Document L (Conservation of power and fuel)
  o Reduction is carbon emissions in domestic new builds by 31% (installation of electric heating systems and renewable energy sourced e.g. solar) Heat pumps also getting strong support as part of the Future Homes Standard.
  o Reduction of carbon emissions in non-domestic new builds by 27% (installation of low carbon heating technology is seen as the best route)
  o New metric for measuring energy efficiency – primary energy will be used measure the efficiency of a building’s heating, as well as the energy used to deliver fuel to the building and even the efficiency of the power station supplying the electricity
  o New minimum energy efficiency standards
• Approved Document J (Combustion appliances and fuel storage systems)
  o New and replacement heating systems in both domestic and non-domestic builds must have a max flow temperature of 55 degrees Celsius
  o Existing non-domestic properties must improve the efficiency of heating and hot water boiler systems through the installation of new controls
• Uplifts to Approved Document F (Ventilation)
  o Background trickle ventilators will be recommended in non-domestic buildings along with the requirement for installation of CO2 monitors in offices
  o Recommended minimum air supply rate of 0.5.

Question 996

What are the Approved Documents?

Answer 996

• Provide guidance for how the building regulations can be satisfied in common building situations. There is no obligation to adopt the solutions presented, as they can be satisfied in other ways.

Question 997

How did you design the pedestrian and vehicle fence on a project in Crawley?

Answer 997

• I liaised with the client in the first instance to confirm the design of fence that they would prefer.
• It was confirmed that they wanted to replicate the fencing already installed to the neighbouring unit, so I reviewed the planning documents on the planning portal and used these as the basis for my design.
• I produced basic planning drawings outlining the fence line, and location of the pedestrian and vehicle gates, and anticipated height for the fencing.
• These were included within my planning application.

Question 998

Talk me through the planning application process.

Answer 998

• A planning application was submitted along with an application fee
  o Submission included, applicant and agent name/address, a description of the proposal, site address, pre-application advice if applicable, pedestrian/vehicle access, roads and rights of way, waste storage/collection, relation to authority decision makers, materials, vehicle parking, foul sewage, assessment of flood risk, biodiversity and geological conservation existing use, trees and hedges, trade effluents, residential units, non-residential floorspace, employment, hours of opening, industrial or commercial premises and machinery, hazardous substances, ownership certificates,
• The process involved receiving queries and then validation. Decision within 8 weeks from validation.
• Location plan, existing site plan, proposed site plan, existing and proposed elevations

Question 999

Provide an example of items you have included within specifications to improve sustainability.

Answer 999

• LED lighting
• Energy efficient double glazed windows
• EV charging points
• Replacing gas with a new VRF system
• Low flush WCs
• Improved insulation
• (PV panels, air source heat pumps, rainwater harvesting)

Question 1000

How do you know what impact each improvement will have on a building’s EPC?

Answer 1000

• I liaised with an EPC assessor beforehand and asked that they provide a draft EPC rating for the options being considered.
• Reviewed the manufacturer’s proprietary documentation.

Question 1001

What is value engineering?

Answer 1001

• It is a systematic and structured approach to improve projects and processes designed to increase value through either performance, function of quality at the same cost or a decrease in cost, while maintaining the same performance or a combination of both. For example, on a project I worked on in Bracknell, I determined that the existing ceramic sanitaryware was in relatively good condition. As part of a value engineering exercise, I therefore allowed to undertake isolated repairs and replace all degraded mechanical parts. This did not compromise on the performance of the unit, but offered a cost and environmental saving. On a separate project in Crawley, the client indicated that they wished to replace the red tiled cladding to the ancillary block to modernise the property. However, through value engineering I achieved a significant cost reduction by re-spraying the cladding grey with a vapour permeable paint, rather than replacement of the tiles.

Question 1002

What are the potential pitfalls of value engineering?

Answer 1002

• If the process is not disciplined value engineering will reduce costs in the short term, but may fail to deliver best value over the long term and could cause health and safety issues in use if cheaper, inappropriate materials are used instead of those originally specified. Changes proposed to a design create risk, so it is important to consider risk. Value engineering should not be viewed as merely a cost cutting exercise and it is important to ensure that reducing costs and focusing on aesthetics at the expense of safety does not occur – risk must always be the key consideration.

Question 1003

How can you mitigate against the risk of poor design after value engineering?

Answer 1003

• When deciding whether or not to select a substitution, it is imperative that designers are aware of the quality of the proposed change. Consider the risks of the change

Question 1004

What methods should be followed to respray cladding panels?

Answer 1004

• Remove surface contaminants by detergent scrubbing or high pressure washing.
• Remove any moss, lichen, algae etc. using an anti-fungal wash.
• Ensure all existing coatings are adhering firmly to the substrate.
• Remove any residual chalking by vigorous rubbing with a fine scouring pad and any other surface leachates or residues (esp. on PVC coatings) by vigorous wiping with solvent or strong alkali detergent followed by a thorough rinsing.
• Abrasion of PVDF coatings should be avoided apart from loose or corroded areas as it may polish the surface and impair adhesion of subsequent coatings – hard sharp mineral abrasive paper recommended to cut and roughen coatings.
• Scrape back any loose/weakly bonded materials and prepare to a firm feathered edge and abrade exposed metal to remove corrosion metal to remove corrosion products and provide a mechanical key. Spot prime all exposed metal areas with elastaseal fibretex and leave overnight before applying the main coat.
• brush or airless spray/roller applied to large panels. Strip coat of all vulnerable areas (edge panel ends, bolt heads etc and allow to dry overnight before main coat application. Apply one or two coats as necessary ensuring good coverage, especially of vulnerable areas. Slight thinning possible (2-5% solvent addition). Overcoating interval between 16 hours and 14 days. Temperature must be above 3 degrees and rising.

Question 1005

How do you clean cladding?

Answer 1005

• Use low pressure water fed poles to clean the cladding from ground level
• Use gentle solutions that are not too alkali, as this can lead to surface deterioration

Question 1006

How do you repair cladding panels?

Answer 1006

• Repair using a good quality body filler and overspray the panel to the nearest joint line
• Distortions can be carefully dressed if replacement is not practicable
• Replace the sheet, but can be difficult to remove panels from a façade without causing further damage and may compromise the cladding performance (batch differences may be noticeable). Consult manufacturer for advice/guidelines.
• Touch up scratches with touch up paint and a fine artist’s paint brush (check this does not invalidate any warranty)

Question 1007

How do you fix metal roof sheets?

Answer 1007

• First row of sheets should extend over the purlin and eaves to allow rainwater to drain into the gutter.
• Sheets should be overlapped by the next sheet by at least one profile and it is recommended to use mastic lapping tape. Stitching screws can also be used on side laps at 600mm intervals.
• For end laps a minimum sheet over sheet overlap of 250mm should be allowed where sheets lap.

Question 1008

What sustainability considerations do you undertake when writing specifications?

Answer 1008

• Whether the design included meets current building regulations
• Whether a sustainable alternative is available and if this could be installed within the client’s budget
• Also look at what materials can be reused e.g. retaining sanitaryware when refurbishing the WCS.

Question 1009

What document provides guidance on design and specification?

Answer 1009

• RICS’ Design and Specification Guidance Note 2013 (1st Ed)
• Provides professional practitioners guidance relevant to the tasks and processes of design and specification for small and medium sized projects.
• Covers – role of lead consultant, management, common considerations (compliance, sustainability, safety), design process management (documents, NBS, standardisation), design process (RIBA stages), detailed design, specification preparation, legislative compliance, construction stage and commissioning/occupation.

Question 1010

What is the RICS Black Book?

Answer 1010

• Examines design delivery management in relation to construction projects, which is a key process that connects the various aspects of the construction value chain
• Essential link between client’s needs and the construction process, which brings those needs into reality as a building, structure or facility
• Guidance refers to ‘Design Delivery Manager’ DDM which realistically can be anyone responsible for design (architect, building surveyor, designer, project manager, etc)
• DDM responsible for defining the project process, establishing which system (or bespoke system) is in use, translate between the systems if more than one is used. Actions and management are defined as systems.

Question 1011

What is the RIBA Plan of Work 2013?

Answer 1011

o RIBA Stage 0 – Strategic Definition – identify client business case and strategic brief (prepare client’s requirements)
o RIBA Stage 1 – Preparation and Brief (brief approved by client)
o RIBA Stage 2 – Concept Design – proposals and feasibilities (prepare stage design)
o RIBA Stage 3 – Developed Design – outline specifications (reading for planning application)
o RIBA Stage 4 – Technical Design – full design and specifications (from descriptive to prescriptive design)
o RIBA Stage 5 – Construction – Onsite
o RIBA Stage 6 – Handover and Close Out (soft landings)
o RIBA Stage 7 – In Use – Operation and Maintenance (post occupancy evaluation)

Question 1012

What is a Schedule of Work?

Answer 1012

• Without quantities instructional lists – simply lists the work required
• Should allow the contractor to identify significant work and materials that will be required
• Where a schedule includes a description of the work required, this is a specified schedule of work.
• Quality should be provided by reference to the specification
• Location and size should be provided on drawings

Question 1013

What are provisional quantities?

Answer 1013

• Defined by New Rules of Measurement (NRM) 2013 as a quantity which cannot be accurately determined.
• Where work cannot be described and given in terms in accordance with the tabulated rules of measurement, an estimate of the quantity shall be given and identified as a ‘provisional quantity’.
• Works are subject to re-measure
• Where the variance is less than 20% the contractor rate shall not be subjected to review.

Question 1014

What can affect design from a statutory or technical perspective?

Answer 1014

• Approved docs
• Technical constraints
• Statutory regulations

Question 1015

What is building information management (BIM)?

Answer 1015

• Describes the process of creating and managing digital information about a built asset.
• BIM levels
  o Level 0 – Unmanaged CAD
  o Level 1 – Managed CAD in 2D or 3D
  o Level 2 – Managed 3D environment with data attached but created in separate discipline models
  o Level 3 – Single online project model with construction sequencing, cost and life cycle management information.

Question 1016

What is a Designer’s Risk Assessment?

Answer 1016

• A tool used by designers to identify hazards/hazardous activities and to eliminate/reduce hazardous potential risks.
• Risks are to be designed out at the design stage and those that can’t should be highlighted and mitigated where possible.
• HSE has published a red/amber/green list to assist designers in ascertaining what should be encouraged or eliminated

Question 1017

What are the performance standards and guidance in relation to design?

Answer 1017

• Relates to Approved Documents, British Standards and Building Control.
• Chartered Institute of Building Services Engineers – CIBSE lighting guides

Question 1018

What structural implications must be considered in relation to design?

Answer 1018

• Dead loads (structures of self-weight)
• Live loads (imposed loads, e.g. occupation)
• Environmental loads (wind, snow, earthquake)
• Point loads (load through fixings or foot, think warehouse racking)
• Uniformly distributed loads (loads over an entire area)

Question 1019

What spatial parameters must be considered in relation to design?

Answer 1019

• Distance parameters

- Fire regulation travel distances

Question 1020

What are modern methods of construction?

Answer 1020

• RICS – a forward thinking solution to the housing crisis (September 2018)
• Working more efficiently while using less resources
• Potential to reduce H&S risks
  o Off site fabrication/manufacturing
  o Modular buildings
  o Cross laminated timbers
  o Timber frames

Question 1021

What does RICS’ Surveying Safely: health and safety principles for property professionals’ guidance note advise?

Answer 1021

• Sets out basis, good practice principles for the management of health and safety for RICS regulated firms and RICS members.
• Sets out principles for the health and safety practices of those engaged in the built environment as property professionals, including corporate and individual level.
  o Personal responsibilities for members and firms (competence)
  o Corporate responsibilities
• Assessing hazards and risks
• Principles of good contractor procurement

Question 1022

What are some of the different considerations that have to be taken into account for the different types of inspection?

Answer 1022

• Type of property to be inspected – condition, location, occupied/vacant, operations undertaken
• Desktop investigation to determine other risks from condition, local pylons/aerials/masts etc.
• Determine if a roof inspection is necessary and consider the most feasible approach and organise access equipment.
• Access requirements
• Equipment necessary
• Need to follow lone working protocol
• Guidance to give to junior members of staff
• Complete risk assessment

Question 1023

What is a risk assessment?

Answer 1023

• Process of identifying what hazards currently exist or may be found in the course of undertaking a task. It defines which hazards are likely to cause harm to employees etc, and identifying methods to minimise or eliminate these risks.
• Risk = the likelihood that someone could get harmed vs the severity of a hazard
• Important to consider both when measuring health and safety risks.
• Use a risk rating within our risk assessment

Question 1024

What types of PPE and equipment would you bring with you to an inspection?

Answer 1024

• Camera
• Disto
• Hard hat
• Site boots
• Goggles
• Ball cam
• Rape alarm
• Mask
• Gloves
• Waterproof clothes
• Waterproof boots
• A torch
• Notepad/ipad
• A ladder
• A damp meter
• Pass
• High vis

Question 1025

What do you need to consider before you undertake an inspection?

Answer 1025

• Am I competent to undertake the inspection, am I properly insured, has an agreement been signed. What are the risks involved? What kind of survey is it? Review all existing building information and leases.
• I would ensure that an appointment is in place along with insurance and that I was competent to undertake the survey
• I would ensure that I understood the reason for the survey and how the report is to be used
• I would review all relevant existing building information, arrange access and prepare RAMS for all the relevant risks involved.

Question 1026

How do you undertake an inspection?

Answer 1026

• Personally, I prefer to undertake an inspection of a building from the top down. I would normally walk around the building externally to get my bearings and get an initial understanding of it, looking for an indication of age, constructions, alterations, additions, etc. Then I would start the inspection, externally and inspect looking at the roof and then each elevation in turn, reviewing windows, doors, drainage and rainwater goods. Then I would inspect internally from the top down.

Question 1027

What kinds of risk do you consider on site?

Answer 1027

• Lone working
• Asbestos
• Working at height (accessing roof spaces and climbing ladders)
• Hazards associated with derelict/empty properties
• Confined spaces

Question 1028

How does a disto work? How can you check its accuracy? When is it least accurate?

Answer 1028

• It sends out a laser beam and measures the time taken for it to reflect on a given surface, which gives it a distance
• All distos are checked before use by measuring a known distance in the office. The office regularly calibrates these.
• It becomes less accurate over longer distances because it is difficult to aim and see the laser.

Question 1029

What precautions would you take if you were inspecting a flat roof with a stepped ladder on your own?

Answer 1029

• Prepare RAMS before I undertook the survey
• Consider the height of the roof if it was more than a single storey – if so, I would arrange alternative access
• I would consider the type of ladder being used – must be capable of being placed at the wall at an angle of 70 degrees and allow the surveyor to be able to inspect the roof without standing on the last 4 rungs of the ladder.
• I would consider if the roof was fragile or suitable to be walked on and even if it was suitable, would this be appropriate without a fixed ladder?
• If I had any doubts, I would abort the inspection of the roof and would return with either a ball cam or cherry picker, and would consider if the roof could be reviewed from various vantage points.

Question 1030

What would you look for when inspecting a slate pitched roof covering? What would you look for in the roof space?

Answer 1030

• Age of property/roof
• Is roofing material original?
• Is the ridge straight?
• Are there any deflections/distortions?
• Are there any slipped/missing slates?
• Are there any previous repairs like lead tingles?
• Are there numerous repairs?
• Is the leadwork to the valley gutters and around chimneys and other penetrations in a good condition?
• Are the chimneys in good condition, pots, flaunching, pointing, leanding?
• Is there sarking felt in the roof space?
• Can you see light from outside when it is dark inside?

Question 1031

What advice would you give if slates were to be replaced by concrete tiles? What would the structural implications be? What would the statutory implications be?

Answer 1031

• Concrete tiles are heavier than slates and may impose a significant additional load that the roof and building structure and foundations had been designed to take.
• Require a structural engineer to confirm if the existing roof and building structure and foundations could accept this additional weight. If not, this could lead to deflections in the roof, roof spread or settlement.
• If you are replacing the roof coverings then you would be required to undertake thermal improvements to the roof in accordance with Part L of the Approved Documents, providing it is feasible and the payback period is less than 15 years
• Change in roof covering could require planning consent of it is within a conservation area or is listed.

Question 1032

How would you ascertain the condition of electrical installations without employing a specialist?

Answer 1032

• Age
• Service history
• Is it in working condition during the inspection?
• General condition
• Speak to the owner, occupier or maintenance team

Question 1033

How can you tell if structural timbers have been affected by a fire?

Answer 1033

• Engage the services of a structural engineer, as I do not believe I am competent enough to make that decision.
• I would suggest they would look at the extent of the damage, how much of the timber remains untouched by the fire and calculate whether the remaining good timber can support the loadings imposed upon it.

Question 1034

After a fire, cracks appear in the brickwork, what could this be?

Answer 1034

• Bricks could have heated, causing them to expand and then contract when cooled. This movement can cause cracking
• If it is a framed building then the structure could have been weakened by the fire causing movement which would cause the brickwork to crack.

Question 1035

What items would you consider when preparing a reinstatement valuation?

Answer 1035

• Debris removal, site clearance, building foundations and cement floor base, erection of the replacement building, installation of electrical and mechanical services, commissioning and professional fees.

Question 1036

There is a hedge near a building on clay soil which had recently been cut back. What would you expect to happen?

Answer 1036

• May cause heave as hedge will no longer take as much water out of the soil and because clay is a cohesive soil, the more water in it will cause it to expand
• Type of hedge, age of hedge etc and other factors will influence level of issue.

Question 1037

Diesel has been spilt at the back of a shed. What would you consider?

Answer 1037

• If just staining, I would recommend that this be cleaned

- If onto yard or eater supply, inform the local authorities as Environment Agency may need to intervene.

Question 1038

What is radon gas?

Answer 1038

• Produced during radioactive decay of radium, which comes from uranium.
• Occurs naturally through the presence of uranium in most rocks, soils, bricks and concrete.
• Most common in Wales and the South West of England

Question 1039

Is radon gas dangerous?

Answer 1039

• Decay products can attach themselves to dust and moisture in the atmosphere. This can be breathed in and can cause damage to lungs and airways.
• It can increase the risk of lung cancer
• Harmless externally. Indoors it can build up to potentially harmful levels
• Amount of gas depends on where you live and is more likely where there are high concentrations of granite and limestone
• Rises up through cracks in the earth and disperses into the atmosphere
• Warm air draws gas in through flooring and any gaps/cracks in the building structure.
• Can collect in mines and caves as well as basements

Question 1040

How do you deal with radon?

Answer 1040

Test can be carried out – free government test to highest risk areas that monitors levels for 3 months
- Best to stop it entering the building, but if that is not practical…
o Install a radon sump system
o Improve ventilation under suspended timber floors
o Use positive ventilation in your house
o Seal cracks and gaps in solid concrete floors
o Change the way the property is ventilated

Question 1041

What are the benefits and disadvantages of a moisture meter?

Answer 1041

• Resistance meters (surface pins)
• Capacitance meters (radio frequency sensors)
• Both provide reading to user as a percentage of moisture/colour coded traffic light system.
• Most electronic moisture meters are calibrated for timber (quantitative reading equivalent to the amount of moisture present in timber material) - Wood Moisture Content (WMC)
• When used on plaster/brick it assumes it is measuring wood, so when you interpret the reading this should be interpreted as an equivalent moisture value – WME (wood moisture equivalent) – not accurate or quantitative to the amount of water present in the plaster.
• Anything which increases electrical conductivity will cause the meter to fluctuate
  o Moisture or salts in walls will have the same effect as can foil backed linings or black ash mortar
• Fluctuation patterns on a wall can be recorded – profiling to see how it changes across the surface. (Condensation – high levels on surface, but low readings beneath; rising damp high readings at base of wall with sudden drop off).
• Cannot diagnose amount of water in masonry, but can establish profiles of fluctuation to assume what is happening within the wall.
• Too many variations in masonry to create meter for this.
• Diagnosis will be down to the skill of the surveyor
• Calcium carbide meter more accurate (speedy test) as is gravimetric (lab) testing – problem is that they are disruptive and not possible in a pre-purchase scenario.

Question 1042

When would you use a drone over an access platform or ball cam?

Answer 1042

• Where there are multiple roofs that would be difficult to access via cherry picker/ball cam.
• Where a client is willing to cover the cost of the drone survey
• Where a ball cam would not reach the roof
• Where there are no restrictions to flying a drone

Question 1043

What considerations would you need to take into account during an inspection of a listed property?

Answer 1043

• The type of construction and any alterations made, particularly where these alterations may be causing issues e.g. impermeable coatings to solid external walls, cement based repointing, replacement roof coverings.
• Repairs and alterations to a listed property would require listed planning consent
• Likely to be more expensive to undertake

Question 1044

Why is desktop research important before undertaking an inspection?

Answer 1044

• To best understand the nature of the property and adequately consider risk
• To determine what equipment is necessary for the inspection i.e. size of cherry picker or if ball cam or drone would be more appropriate.

Question 1045

What documents do you generally review before an inspection?

Answer 1045

• Lease documents provided by the client
• Asbestos management plan or health and safety files where provided
• Drawings

Question 1046

What is a PPM?

Answer 1046

• Planned Preventive Maintenance
• Maintenance that is performed purposely and regularly to keep the structure and fabric, plant and equipment of the building in satisfactory operating condition.
• Achieved by providing for systematic inspection, detection and correction of failures, either before they occur, where actually present, or before they develop into major defects
• Helps to identify the point at which such items can reasonably be deemed to have reached the end of their economic lives, such that replacement/renewal may be necessary.
• Usually prepared to cover 5-10 year maintenance periods but can extend up to 30 years and should be regularly reviewed and updated at frequent intervals.
• Maintenance is not always preventative.
• Important that RICS members do not exceed their level of competence and seek expert advice where required e.g. M&E.

Question 1047

How do you undertake a PPM inspection?

Answer 1047

o Undertake a methodical examination of the main building or construction elements.
o Unsecured access hatches/doors should be opened – concealed areas not included
o May inspect on a sample basis (agreed in advance)
o Recording data – photos, measurements, drawings
o Naming convention or room numbers to ensure uniformity
o Electronic data capture on a tablet
o Inspect current day condition and ongoing future maintenance
o Each element is broken down into sub elements as per RICS guidance
o Note elementary fire risks and presence of deleterious materials
o Legal/technical audit of statutory documentation if required
o Consider accessibility provisions
o Consider energy efficiency
o PPM Schedule – spreadsheet showing condition ratings, risk/priority ratings and timeframe for repair plus cost advice (present day costs at ‘day 1’) including prelims, access, etc.

Question 1048

What signs do you look for when advising that drainage surveys are undertaken?

Answer 1048

• Land movement and subsidence
• Nearby trees
• Undulating surfaces to hardstandings
• High water table

Question 1049

Explain the three scenarios that the landlord was looking to undertake on a large office building in London. What was the affect on the claims?

Answer 1049

• Light touch refurbishment (full reinstatement included)
• Back to frame refurbishment (removal, but not replacement, cleaning/repairs to the externals)
• Back to frame, extending the premises into the car park to the rear (as above but only to the retained areas/walls.

Question 1050

What are typical defects to a pitched roof?

Answer 1050

• Slipped and broken slates/tiles and delamination
• Blocked valleys and gutters
• Lichen and moss growth
• Roof sagging (excessive weight – replacement of slates with tiles)
• Gutter damage
• Sulphate attack to a chimney stack
• Lead flashings damaged

Question 1051

How would you prevent moisture ingress to a basement?

Answer 1051

• Determine the cause of the water ingress – liaise with the LA/water company to confirm if there are any leaks to the water pipework.
• If so, allow to dry out and redecorate
• If water ingress persists, options are:
  o Install a drained cavity (cost medium/high, not suitable if water table high, space penalty high)
  o Mastic asphalt (high cost, medium space penalty)
  o Cementitious render (medium cost, low space penalty)
  o Self-adhesive membrane (medium cost, medium space penalty)
  o Liquid applied membrane (medium cost, medium space penalty)
  o Dry lining (low cost, no space penalty, but not as long term)

Question 1052

What BRE document relates to basement waterproofing?

Answer 1052

• Good Repair Guide 23 – Treating Dampness in Basements

Question 1053

What are the typical repairs you would specify to repair cracking to brickwork?

Answer 1053

• Replace all cracked bricks to match existing

- Stitch the crack by installing helibars through every third course

Question 1054

How would you estimate costs to repair defects identified on site?

Answer 1054

• Internal tendered rates costing document
• SPONS
• BCIS
• Knowledge of similar costs from recent tenders
• Day rate and cost of materials.

Question 1055

What advice would you give if slates were to be replaced by concrete tiles?

Answer 1055

• Concrete tiles are heavier than slates and may impose a significant additional load that the roof structure and foundations of the building had not been designed to take.
• It would therefore be recommended that a structural engineer confirm if the existing roof structure, structure and foundations could accept this additional weight.
• Concrete tiles are heavier than slates and if the load exceeds that permitted by existing structure, roof structure and foundations, it could lead to deflections in the roof, roof spread or settlement.
• If you are replacing the roof coverings then you will be required to undertake thermal improvements to the roof under Part L of the Building Regulations.
• This requires you to meet current guidelines for new builds as long as it is feasible and will provide payback over a 15 year period.
• The change of roof coverings could also require consent from the local council if it is within a conservation area or it is a listed building.

Question 1056

What are the requirements of the differing types of inspection?

Answer 1056

• The surveyor must ensure that they have the particular technical skills and experience relevant to the property before accepting the instruction.
• The surveyor is responsible for carefully and thoroughly inspecting the property and recording the construction and defects that are evident.
• The surveyor is advised not to limit the time for inspection and should take the time required for the property in question.
• The surveyor should carry out the inspection in a logical sequence and it is essential that all relevant parts of the property are closely inspected.
• The interdependence of the different parts of the structure should be assessed.
• Especially the way in which the roof, walls (internal and external) and floors interact, so that each part is not considered in isolation.
• It is recommended that the surveyor is sufficiently fit to be able to undertake the tasks involved, particularly in relation to gaining access to voids that may be present within the property.
• The surveyor should also consider health and safety aspects such as:
  o Keeping a record of the appointment either at home or in the office
  o Letting someone know your expected return time
  o Carrying a personal alarm
  o Carrying a mobile phone
  o Using ladders and other equipment safely.
• The surveyor should be familiar with the current edition of the RICS guidance note ‘Surveying Safely’.

Question 1057

What are the key elements that must be reported on in an inspection?

Answer 1057

• Roof space
• Floors, surfaces of exposed floors
• Furniture and occupier’s possessions
• Services
• Limitation to inspection in many properties
• The surveyor must keep a permanent record of the site notes at the time of the inspection. Any physical limitations present at the time of the inspection should be noted on the site notes. In addition to written notes the surveyor should include sketch plans, diagrams and photographs.
• Asbestos – any asbestos containing materials should be reported.

Question 1058

What is a good methodology for completing a successful property inspection?

Answer 1058

• A methodology set out in the RICS Building Surveying Practice Note:
  o Step One
   Identify the elements and sub-elements and make notes on the condition in your site notes.
   Where an element consists of 2 distinct parts, it should be divided into appropriate sub-elements
   E.g. interwar semi detached house:
  • 3 roofs – main hipped/pitched roof, a front bay roof and a rear back addition roof.
  • 2 chimneys – larger chimney at the ridge serving the main rooms and a single chimney from the kitchen area
  • 2 external walls – cavity walls to the main house and solid walls to the back addition
  • 2 types of window – original single glazed casement windows to the rear and PVC double glazed to the front and side.
   All of these parts can be considered sub-elements.
  o Step 2
   Condition rating the elements and sub-elements
   After sufficient reflection, the surveyor should apply a condition rating to all elements and sub-elements.
  o Step 3
   Establish the element and sub-element rating
   Condition rating to be shown in the elemental condition rating box for each element must be the worst one identified by this process.
  o Report writing
   Elemental text box should be used to provide the necessary evidence that support’s the surveyor’s judgement of the condition rating being reported, as well as the condition ratings of individual sub-elements.
   The worst rated element should be described first, and the best last.
   Where several sub-elements have the same worst rating, the surveyor must choose the one that presents the greatest problem to the property owner.
   To simplify the report, elements have the same rating should be reported together.

Question 1059

What should you do if you are unable to access all areas of the property?

Answer 1059

• The surveyor is responsible for carefully and thoroughly inpecting the property and recording the construction/defects that are evident.
• It is recommended the surveyor accepts responsibility within the agreed limits of the agreed instructions, to see as much of the property as is physically accessible.
• In all cases, the surveyor should judge whether it is practicable, permitted and safe to carry out the inspection. If it is not possible, then this should be clearly reported.
• The survey should be carried out without the risk of causing injury to the surveyor or damage to the property.

Question 1060

How do you inspect services?

Answer 1060

• It is advised that hot water installations, boilers, control equipment, space heating and other service installations are inspected visually.

Question 1061

How can moisture meters and distos be kept in good order?

Answer 1061

• Care should be taken to ensure that all electronic/digital equipment is maintained in good working order.
• Calibration checks should be made in accordance with the manufacturer’s requirements and noted on the survey inspection sheets.

Question 1062

How would you provide safe access to roof glazing areas?

Answer 1062

• Use a cherry picker or inspect the roof glazing using a drone or ball cam
• Alternatively use various vantage points
• For instance, on an inspection of a school in Leatherhead, there were numerous roofs that we were unable to access. Ladder access was available to isolated one storey flat roofs, so I viewed the nearby inaccessible roofs from there, and then reviewed the other roofs from vantage points within higher buildings. The pitched roofs were inspected from the ground.
• On another inspection in Slough, I realised that cherry picker access would be difficult, as it would not be possible to get close to the property, as there was no vehicle access to three elevations and bollards would have blocked close access to the front elevation. I realised this from my desktop investigation and brought a ball cam to inspect the roof.

Question 1063

Your experience includes surveying a public house in Greenwich. What defects did you discover and what remedial measures did you specify?

Answer 1063

• Slipped and delaminating roof slates, with nail sickness noted. As approximately 10% of the slates were damaged, I recommended that the fixings be replaced throughout the roof on the basis that the remaining fixings are likely to fail across the roof in the short term. I also recommended that all undamaged slates should be salvaged and re-used where possible.
• Penetrating damp to the basement. Following discussions with the manager, this issue was recent and that the street had recently been dug up to undertake works. I recommended that the water board be contacted in the first instance to confirm if there is a leak to the mains water. Once the source of water ingress has been identified, I recommended that the basement is allowed to dry out, before the internal render and decorative finishes are renewed. Should the water ingress persist, I recommended that the basement be tanked.
• Cracking to the external brickwork – this was category 2 (1-5mm) horizontal cracking through the brickwork adjacent to windows that was not visible internally. I referred to BRE Digest 251 and Report 292 and determined that it was unlikely to be structural. I therefore made a note of the cracking within my report and recommended that isolated repairs be undertaken to the damaged bricks and pointing. Should the cracks widen beyond 5mm, I would recommend that the cracks are monitored, and if necessary a structural engineer should be consulted.

Question 1064

Your experience includes undertaking a PPM survey for a mixed use residential and office building. What did this include?

Answer 1064

• This was a detailed assessment of the preventative maintenance works required to keep the property in a good condition, including photographs of the main defects identified.

Question 1065

What defects did you discover when undertaking a PPM survey of a mixed use residential and office building?

Answer 1065

• Flat roof felt coverings coming to the end of their life and there was evidence of numerous leaks, ponding, inadequate falls to the roof.
• Cladding retrospectively fixed to the elevations – poorly affixed previously.
• Moisture ingress staining to the stairwells
• Degraded gaskets/seals to the windows and misted windows
• Cracking to the terrazzo tiling to the stairwell
• Cracking to the plasterwork
• Carpet stained and worn to the residential common areas

Question 1066

Your experience includes a pre-acquisition inspection of a 1960s industrial unit. What did this include?

Answer 1066

• When undertaking any survey you must always consider what the survey will be used for. In this instance, the client was a national retailer that was considering the purchase of the unit. I engaged a measured surveyor to produce plans for the unit as accurate drawings were not available. I highlighted all liabilities that my client would be taking on and identified all of the necessary repairs required to get the property into a good state of repair and included this within a cost schedule.

Question 1067

What were some of the remedial measures that you recommended in your pre-acquisition report of a 1960s warehouse?

Answer 1067

• Replacement of the damaged Georgian wired rooflights
• Treatment of the cut edge corrosion to the prefinished profiled metal roof coverings to the front section of roof
• Replace all heavily corroded galvanised roof sheets to the rear section of roof.
• This was minor hairline cracking to the concrete floor slab that appeared to have been caused by the previous tenant’s operations. There was also adhesive residue from the earlier installation of floor coverings. I recommended isolated concrete repairs to the localised cracking, diamond grinding the floor slab to leave it level, before installing an epoxy resin coating.

Question 1068

What do you consider in relation to accessibility when undertaking a pre-acquisition survey?

Answer 1068

• Parking provisions
• Approach and routes to entrance
• Steps and ramps
• Entrance doors and thresholds
• WC facilities
• Fire escapes and exit routes
• Safe refuge areas in event of a fire
• Width of corridors
• Step free access
• Floor surfaces and tonal contrasts
• Lifts

Question 1069

You make reference to the Surveying Safely guidance note from RICS. What does this cover?

Answer 1069

• I mainly refer to the section on the assessment of hazards and risks, but am aware it also covers:
  o Personal and corporate responsibility
  o Legal considerations and duties
  o Assessing hazards and risks
  o Property professionals’ places of work
  o Occupational health
  o Visiting premises and sites
  o Procurement and management of contractors and construction work
  The Surveying Safely guidance note explains legal considerations and duties. What laws place a duty on you and your employer?
• Health and Safety at Work Act 1974 – main piece of legislation relating to H&S in the workplace
  o Places general duties on employers to ensure so far as is reasonably practicable that the health, safety and welfare of employeers and persons not in employment us not put at risk
  o Underpinned by Health and Safety at Work Regulations 1999 – requirements to assess risk, ensure safe systems are in place for carrying out surveying activities, have access to competent H&S advice and have emergency procedures in place.

Question 1070

What is a hazard?

Answer 1070

• Something with the potential to cause harm to someone. The harm could be an injury or ill health.

Question 1071

What is a risk?

Answer 1071

• Combination of the likelihood of the harm being realised and the severity of the harm realised.

Question 1072

How do you assess risks?

Answer 1072

• Identify hazards
• Decide who might be harmed and how
• Evaluate the risks and decide on precautions
• Record findings and implement them
• Review assessment and update if necessary

Question 1073

The surveying safely guidance note has a checklist of things to consider when visiting a premises and sites. Can you name some?

Answer 1073

• Travelling to and from site
• Lone working
• Condition of the property
• Vacant/occupied
• Site rules and welfare
• Working at height – roofs
• Danger from live and unsecured services
• Asbestos
• Slip, trip and hazards
• Vermin and birds
• Adverse weather conditions

Question 1074

What typical headings would you find in a pre-acquisition report?

Answer 1074

• Executive summary
• Introduction
• Property Description
• Property Condition
• Engineering Services
• Environmental
• Health and Safety Considerations
• Prejudicial Materials
• Legislation and Third Party Rights
• Dilapidations and Estate Management
• Photographic Schedule
• Costing schedule

Question 1075

Outline common inspection methodologies.

Answer 1075

• RICS’ guidance note Technical Due Diligence of commercial property’ (1st Ed Jan 2020)
• Gain as much information before attending site – health and safety files, plans, etc.
• Bring necessary PPE and equipment
• Make enquiries on site – asbestos register, hazardous materials, accessibility audit, fire risk assessment, statutory test certificates, etc
• Methodical approach to collecting the data in as great a depth as is practicable and appropriate under the circumstances. Consider inter-relationship of building elements and do not consider them in isolation.
• E.g. survey all external areas from roof down to the ground and then internally from top down. Each element needs to be surveyed to identify any defects and their possible cause.
• Adequate notes and photographs must be taken for reference.
• Advice provided to the client within a report.

Question 1076

Outline some common material testing techniques.

Answer 1076

• Borescope – flexible tube with a fibre optic camera at one end to assist with inspecting cavities and voids.
• Disto – laser for measuring distances (should be calibrated)
• Theodolite – digital device for measuring vertical and horizontal planes.
• Protimeter – An electric damp meter used to measure dampness in materials using an electrical current (wood moisture content)
• Speedy carbide meter test – device used to measure moisture in masonry through slowly drilling masonry and putting dust into a sealed container with a known measurement of calcium carbide – it releases a gas in proportion to the amount of moisture present.

Question 1077

How would a PPM survey differ to a condition survey?

Answer 1077

• Purpose of a condition survey is to assess the condition of building elements at the time of the inspection
• PPMs are normally cyclical surveys which identify the condition of the building elements but assesses how the condition will deteriorate in the future in order to plan maintenance over the pre-determined period of time.

Question 1078

What procedure do you use if you are going to undertake a survey on your own?

Answer 1078

• Carry out a risk assessment
• Use PPE
• Contact the building manager to identify any hazards on site
• Ensure somebody at my company is aware of my whereabouts
• Take a mobile phone to contact someone in case of an emergency
• Follow Lone Working protocol

Question 1079

What is a reinstatement cost assessment? Why are they considered to be high risk by surveyors?

Answer 1079

• Aim to calculate the cost required to rebuild a building were it to be destroyed.
• Gives your client a value to insure the building
• Risk to surveyors is that they are very open to litigation, with clear and potentially large losses
• If the valuation is too high, the client is paying too much insurance premium
• If it is too low they will not receive enough money from the insurance company to rebuild

Question 1080

What is the difference between a Schedule of Condition and a Condition survey?

Answer 1080

• SoC is purely a record of condition on the date of the inspection
• Each defect is normally captured in a photo with a written description
• These are appended to Party wall awards or leases to act as a record of the condition
• A condition survey is identifying defects and their cause, making recommendations on either further investigations or remedial measures

Question 1081

How do you determine the lifecycles on a PPM survey?

Answer 1081

• We have a schedule of anticipated life cycles that we use for PPM surveys based on manufacturers recommendations, guarantees and experience of dealing with these materials and products. I would contact manufacturers where I come across items I am not familiar with, and with defects like cut edge corrosion.
• I have also liaised with clients maintenance teams as there is no point including maintenance costs that they are unlikely to undertake?

Question 1082

How do you determine the lifecycles on a PPM survey?

Answer 1082

• We have a schedule of anticipated life cycles that we use for PPM surveys based on manufacturers recommendations, guarantees and experience of dealing with these materials and products. I would contact manufacturers where I come across items I am not familiar with, and with defects like cut edge corrosion.
• I have also liaised with clients maintenance teams as there is no point including maintenance costs that they are unlikely to undertake?

Question 1083

How many types of RICS documents are there?

Answer 1083

• 1. RICS Rules of Conduct for Members and Firms (set out standards of professional conduct/practice expected of members/firms)
• 2. International Standard (high level standard developed in collaboration with other relevant bodies)
• 3. RICS Professional Statement (mandatory requirement)
• 4. RICS Guidance Note (recommendations for good practice)
• 5. RICS Code of Practice (collaboration with other professional bodies/practitioners with status of professional statement or guidance note)
• 6. RICS Jurisdiction Guide (local market information associated with RICS international standard or RICS professional statement)

Question 1084

What are dilapidations?

Answer 1084

• Refers to breaches of lease obligations that relate to the condition of the property either implied or expressed
• Typically relates to reinstatement, repair, redecoration, statute and associated costs.
• It is a specific area of law relating to breaches of a tenants’ lease obligations or covenants.
• It is used for commercial leases, not residential.
• It defines a tenant’s obligations for the maintenance and repair of a property.

Question 1085

What are covenants?

Answer 1085

• The promises/agreements made between the landlord and tenant when signing the lease. They comprise the clauses of the lease.

Question 1086

What interests are there in a premises?

Answer 1086

• Reversion (landlord’s interest)
• Term (tenant’s interest)
• Both have a value that can be sold on, creating new landlord/tenant relationships

Question 1087

What is a Schedule of Dilapidations?

Answer 1087

• A dilapidations claim can be made by the landlord against the tenant during or towards the end of the lease, or after the lease has ended
• Prepared by the landlord’s surveyor
• Identifies and references breaches of covenant mainly relating to redecoration, repair and reinstatement of any physical alterations. It also suggests appropriate remedial works and usually estimated costs
• Legal remedy is typically a claim for damages if not rectified prior to lease expiry.

Question 1088

What is the dilapidations protocol?

Answer 1088

• Pre-Action Protocol 2012
• Describes conduct the court can expect before litigation
• For claims of damages in relation to the physical state of commercial property at termination of a tenancy
• Should be read in conjunction with the Civil Procedure Rules 1998 (covers litigation process)
• Credited to Lord Woolf
• Emphasis on ADR
• Led to introduction of Part 36 and Calderbank offers.
• Pre-action protocol for claims for damages in relation to the physical state of commercial property at the termination of a tenancy.
• Applies to commercial property
• Relates to claims for damages for dilapidations against tenants at the termination of a tenancy.
• It sets out the conduct that the court normally expects the parties to follow prior to commencement of legal proceedings
• Establishes a reasonable process and timetable for the exchange of information relevant to a dispute, sets standards for the content and quality of SoDs and QDs and the conduct of pre-action negotiations.

Question 1089

What is the diminution in value of the reversion?

Answer 1089

• Means how much the property’s value for the landlord has reduced because of e.g. a tenant’s breaches at the end of the lease.

Question 1090

What does the ‘Dilapidations’ guidance note include?

Answer 1090

• RICS’ Dilapidations in England and Wales 7th Ed (2016)
  o Best practice
  o Aims to discourage inflated claims (Fraud Act 2006)
  o Advice on producing SoDs, QDs, Responses, Scott Schedules and Diminution Valuations. Also produce an SoD template.

Question 1091

What is the role of the surveyor on a dilapidations job?

Answer 1091

• Identify and comment on breaches (advisors)

- Must not exaggerate or underestimate

Question 1092

What is the role of an Expert Witness on a dilapidations claim?

Answer 1092

o Gives evidence before a court/tribunal
o Must be objective
o Bound by RICS’ Practice Statement (Surveyor’s Acting as Expert Witness, 4th Ed)
o Duty to client overridden by duty to courts

Question 1093

How does a dispute resolver get involved in a dilapidations claim?

Answer 1093

• Appointment by private agreement or RICS’ Dispute Resolution Service.

Question 1094

What are the five stages of dilapidations?

Answer 1094

• Stage 1 – Preparation (obtain all relevant information)
• Stage 2 – Inspection (establish original condition, standard of repair, take into consideration age, character and location – Proudfoot v Hart 1890)
• Stage 3 – Preparation of the Schedule
• Stage 4 – Quantified Demand
• Stage 5 – The response and negotiation (under pre-action protocol, surveyors should meet within 26 days)

Question 1095

What did Proudfoot v Hart 1890 establish?

Answer 1095

• Repair clauses in a lease obliges a tenant to keep the premises in such repair as having regard to their age, character and locality that would make them reasonably fit for the occupation of a tenant of the class that would be likely to take them. This was later confirmed to mean that the age of the premises at the start of the lease should be considered.

Question 1096

What documents would you typically review prior to a dilapidations inspection?

Answer 1096

• All tenure documentation provided by the client
• Plans
• Asbestos reports
• H&S files

Question 1097

What are the different types of dilapidations schedules?

Answer 1097

• Terminal (issued during the last 3 years to 18 months of the lease)
• Interim (issued during the lease term)
• Final (issued after lease expiry, but within a reasonable period)

Question 1098

What is a terminal dilapidations?

Answer 1098

• Once lease has expired, recommend schedule is served within 56 days.
• Landlord can progress proceedings up to 6 years after lease expiry
• If schedule is prepared prior to lease expiry/vacant possession, the premises should be re-inspected to verify the claim.

Question 1099

What is an interim dilapidations?

Answer 1099

• Issued during the lease and may be accompanied by a repairs notice in order to bring the property back into repair.
• Only applicable to leases at least 7 years long and with 3 years remaining.

Question 1100

What are the typical remedies for an interim dilapidations claim?

Answer 1100

• FEDS
  o Forfeiture (results in lease terminating – must seek legal advice)
  o Entry for Works (Jervis v Harris clause)
  o Damages (Repairs – still subject to a diminution cap)
  o Specific Performance (court ordered performance of obligation)

Question 1101

What legislation covers damages claims relating to interim dilapidations?

Answer 1101

• Damages are covered by the Leasehold Property (Repairs) Act 1938
• Provides protection for residential tenants
• Extended to commercial tenants by the Landlord and Tenant Act 1954

Question 1102

What is the process for interim dilapidations?

Answer 1102

• Landlord must issue a Section 146 notice (Law of Property Act 1925)
  o Gives notice to a tenant that they are in breach of the lease
  o Informs the tenant that the breach must be remedied
  o Takes the first step in forfeiting the lease if not rectified
• Tenant must serve a counter notice within 28 days
• Landlord must obtain court permission to proceed and must provide 1 out of 5 statements:
  o protect value
  o comply with statute
  o protect other tenants
  o costs greater if undertaken in the future
  o special circumstances

Question 1103

What is the process to pursue forfeiture following an interim dilapidations claim?

Answer 1103

• Requires legal advice
• Lease must contain a forfeiture clause
• Landlord needs to issue a Section 146 Notice (Law of Property Act 1925)
• Right to forfeiture lost if landlord recognises existence of lease (still accepts rent)

Question 1104

What is the process to pursue for to enter the property and carry out the interim dilapidations works?

Answer 1104

• Leases often contain clauses allowing the landlord to enter the premises without consent to undertake remedial works (Jervis v Harris clause)
• Must adhere to the notice requirements and limitations of works
• Incorrect application can lead to counter claims (trespass)
• Landlord can enter to inspect and prepare a schedule of breaches
• Reasonable time needs to be granted for tenants to undertake the works.
• When executed, costs are recovered as a debt, not damages, so Landlord and Tenant Act 1927 Section 18 Limb 1 (diminution) does not apply.

Question 1105

What is a break clause?

Answer 1105

• Permits tenants and landlord to terminate leases on an intermediate date during the lease term
• Some clauses are conditional, which require compliance before a break is deemed effective e.g:
  o Vacant possession
  o Notice
  o Compliance with lease obligations

Question 1106

What is a licence for alterations?

Answer 1106

• A formal legal document that a leaseholder requires before making certain alterations to their leasehold premises. It sets out the conditions under which the alterations may be carried out and ensures that no unexpected conflicts will arise as a result of the work.

Question 1107

What is a lease?

Answer 1107

• A contract outlining the terms under which a party agrees to lease an asset owned by another party.

Question 1108

What lease clauses would you typically expect to find relating to dilapidations?

Answer 1108

• alterations, yield up, redecoration, repair, statutory, costs

Question 1109

What does the Law of Property Act 1925 include?

Answer 1109

• Allows landlords to give tenant’s a notice demanding that they repair the building in accordance with the terms of the lease they have signed (S. 146 notice)
• Section 146 Notice – form of notice for re-entry and forfeiture
• Section 147 Notice – relief on long leases in respect of internal decorations

Question 1110

What does the Landlord and Tenant Act 1927 include?

Answer 1110

• Gives some protection to tenants by limiting the landlord’s claim for breaches at the end of the lease.
• S. 18 has 2 limbs – it puts a cap on the landlord’s claim for damages for disrepair ( no loss, no claim – limited to the diminution in valuation of the landlord’s reversion). Second limb states that no damages shall be recovered for supersession.

Question 1111

What does the Leasehold Property (Repairs) Act 1938 include?

Answer 1111

• Gives protection to certain tenants against Section 146 notices.
• Gives some protection to tenants of residential properties in small houses with long leases against repairing covenants in their leases
• This identifies the 5 stage test on whether the disrepair is ‘damaging’ to the landlord’s reversion. It builds on the diminution argument.
• Limits minor repairs and little over-demanding claims unless these are of a ‘stitch in time’ type.

Question 1112

What does the Landlord and Tenant Act 1954 include?

Answer 1112

• Extension of the Leasehold Property (Repairs) Act 1938 to commercial tenants.
• Extends the leasehold Property (Repairs) Act 1938 to every tenancy (resi or commercial) where the lease is for 7+ years and 3+ years remain.

Question 1113

What does the Defective Premises Act 1972 include?

Answer 1113

• Requires the landlord to maintain the property to a certain standard.
• Imposes duties to ensure premises are kept in repair and imposes liability when this duty of care is breached.

Question 1114

What does the Landlord and Tenant Act 1985 include?

Answer 1114

• It imposes a duty on the landlord to carry out certain repairs of resi property which have been let for a term of less than 7 years.

Question 1115

What is Dowding and Reynold’s five stage test?

Answer 1115

• 1 – Identify the subject matter of the covenant – what physical item is the tenant being asked to repair?
• 2 – Is that item in a damaged or deteriorated condition or not?
• 3 – If it is, is it in such a bad condition as to fall below standard required by the repairing covenant?
• 4 – What needs to be done in order to bring it up to the standard expected by the repairing covenant?
• 5 – Is the work, despite the fact that it is below the standard expected by the repairing covenant, nevertheless of such a nature that it was not contemplated by the parties?

Question 1116

What is the timeline for the dilapidations protocol?

Answer 1116

• Landlord sends SoD and QD within 56 days of the termination of the tenancy
• Tenant sends a response within 56 days
• Negotiations (parties should meet prior to and 28 days after tenant’s response)
• Landlord provides quantification of loss (consequential losses) within 56 days if reasonable
• Tenant issues diminution valuation within 56 days if using this as defence
• Stocktake – parties review positions and aim to narrow proceedings
• Court proceedings, but consider ADR at every stage

Question 1117

What is a Part 36 offer?

Answer 1117

• An offer made by either claimant or defendant as a tactical step designed to convince the other party to settle the claim early without the matter having to go to court.
• If you receive a Part 36 offer and you refuse the settlement amount, if the judge at trial awards less than the Part 36 offer, then you will only receive the lower amount and may have to cover the other party’s legal costs.
• Can be made at any point throughout the duration of the claim but is made without admission of liability.
• Must be in writing
• State on its face that it is intended to have the consequences of Section 1 of Part 36
• Specify a period of not less than 21 days within which the defendant will be liable for the claimant’s costs in accordance with rule 36.10 if the offer is accepted.
• State whether it relates to the whole of the claim or to part of it, or to an issue that arises in it, and if so, to which part or issue.
• State whether it takes into account any counterclaim

Question 1118

What is a Calderbank offer?

Answer 1118

• Provides greater flexibility than a Part 36 offer because it is not governed by strict court rules
• Great advantage because it allows the party making the offer (offeror) to be creative when making their offer, especially when putting forward terms about the length of time the offer remains open for acceptance, costs and payment issues e.g. pay within 14 days
• The price for flexibility is that Calderbank offers, if accepted, create a binding contract between the parties.
• Can be a useful tool to settle disputes where Part 36 does not apply e.g. in cases allocated to the small claims track and arbitration proceedings.

Question 1119

What is supersession?

Answer 1119

• When a landlord’s intentions supersede the repairing works that the tenant is obliged to undertake, rendering them valueless.
• If a landlord does not intend to reinstate a property, perhaps the property is to be demolished or refurbished, this must be take into account in the dilapidations claim as the landlord is not allowed to profit from the claim and where works that might otherwise be claimed for have been superseded they should be removed from the claim.
• Sunlife Europe Ltd v Tiger Aspect Holdings Ltd (2013) – additional work that may make worthless some of the work that would have been necessary to put the building into repair with the result that, if such work had not been done, the landlord has suffered no loss and accordingly cannot recover any damages in respect of that breach.

Question 1120

What is vacant possession?

Answer 1120

• The moment that vacant possession is required to be given, the property must be empty of people and that the purchaser is able to resume and enjoy immediate and exclusive possession, occupation and control of it. It must also be emptied of chattels, although the obligation in this respect is likely only to be breached if any chattels left in the property substantially prevent or interfere with the enjoyment of the right of possession of a substantial part of the property.

Question 1121

What is the purpose of building regulations?

Answer 1121

• Standards that apply to all buildings and are intended to protect people’s safety, health and welfare in and around buildings. They are designed to improve conservation of fuel and power, protect and enhance the environment and promote sustainable development.
• Made under powers provided by the Building Act 1984 and apply in England and Wales.
• Current edition is The Building Regulations 2000 (as amended) and the majority of building projects are required to comply with them.
• Exist to ensure the health and safety of people in and around all types of buildings (domestic, commercial and industrial)
• Provide for energy conservation, and access to and use of buildings.

Question 1122

What are the Approved Documents?

Answer 1122

• Describe how to comply with the relevant building regulations and set out the lowest acceptable standard.
• Practical guidance on ways to comply with the functional requirements in the Building Regulations contained in a series of approved documents.

Question 1123

What are the maximum travel distances for a fire escape route?

Answer 1123

• Office/shop – 18m (one exit); 45m (more than one exit)
• Industrial/storage (low risk) – 25m (one exit); 45m (more than one exit)
• Industrial/storage (high risk) – 12m (one exit); 25m (more than one exit)

Question 1124

What is a fire risk assessment?

Answer 1124

• A careful look at a premises and the people who use them from a fire prevention perspective, understanding the potential risks, and improving fire safety precautions to keep people safe. Identify hazards, people at risk, evaluate, remove or reduce the risks, record findings, prepare an emergency plan and review and update the risk assessment regularly.

Question 1125

What requirements are there for the Control of Asbestos Regulations 2012?

Answer 1125

• Responsibility of the person in charge of the work to assess the ACM to be worked on and decide if the works is licensable or not. The HSE has published guidance on examples of each type – A0 (asbestos essentials) – decision flow chart
• Notification made by the employer of the workers – no minimum notice period, but must be before work commences and can only be made online.
• All regulations apply to all types of asbestos work unless
  o The exposure of asbestos is sporadic and lose intensity
  o It is clear from the RA that the exposure to asbestos will not exceed the control limit
  o The work involves:
   Short, non-continuous maintenance activities with only non-friable materials
   Removal without deterioration/non-degraded materials where asbestos fibres are linked in a matrix
   Encapsulation/sealing of ACMs which are in a good condition
   Air monitoring/control and collection/analysis of samples to ascertain if ACMs are present
  o Licencing, notification, the requirement for designated areas and health records/surveillance exempted from above
• Designated areas required if control limit is to be exceeded – establishment of respirator zones where access is restricted to competent persons and suitable respirators must be worn at all times.
• Current control limit 0.1 fibres per cubic centimetre of air over a continuous period of 4 hours.
• An employer shall not undertake any work with asbestos unless he holds a licence held by HSE. Includes removal, repair or disturbance. Most asbestos work must be undertaken by a licenced contractor, but any decision on whether particular work is licensable is based on the risk.
• Licensable work -
  o Where worker exposure if not sporadic or low intensity and where RA cannot clearly demonstrate control limit will not be exceeded
  o Work on asbestos coatings, asbestos insulation or insulating board where work is not short duration
• Notifiable non-licensed work –
  o Works that do not require the employment of a licensed contractor but which are considered significant enough to HSE to require their notification and provision of health surveillance and keeping of exposure and health records (less stringent than licensable).
  o Duty holders must manage asbestos in non-domestic premises and every person must cooperate with the duty holder to enable them to comply with their duties.
   Every person who has by virtue of a contract or tenancy an obligation for its repair and maintenance or control of premises.
   Where there is more than one dutyholder, the duty is shared.
   Does not apply to non-domestic premises, except common parts of flats
  • Duties include:
  o Cooperate with other dutyholders to comply with duties
  o Find/assess condition of ACMs – suitable assessment
  o Review assessment if significant changes/suspect not valid
  o Records – keep up to date written record of location/condition of ACMs
  o Risk assessment – risk of exposure
  o Management plan – plan/implement written plan, specifying risk and measures to manage it
  o Provide information to others – people likely to disturb
  o Review and monitor – regularly
   Not necessary when there is confirmation that no ACMS are present, but record must be kept of the assessment to pass on to future owners/occupants.
  o Only persons accredited can measure the concentration of airborne asbestos fibres and analyse bulk sample of material to determine whether it contains asbestos
  o Anyone issuing a clearance certificate for reoccupation following removal works is also required to be accredited.

Question 1126

What are MEES?

Answer 1126

• Minimum Energy Efficiency Standards
• Currently an E rating
• Will apply to all existing leases from April 2023
• Currently a proposal to see if raising energy efficiency to a C by 2027 and to a B by 2030.

Question 1127

What are the current requirements for roof insulation for a replacement pitched roof?

Answer 1127

• 0.18 u-value upgraded to 0.16 in the latest amendments to Part L.

Question 1128

Explain Section 18 (2) of the Landlord and Tenant Act 1927.

Answer 1128

• Section 18
  o Limb 1 – diminution (limits claims – applies to repairs only)
  o Limb 2 – supersession

Question 1129

What are the implications of Section 18 of the Landlord and Tenant Act 1927 on a dilapidations claim?

Answer 1129

• Repair costs should not exceed the amount (if any) by which the reversion of the property is diminishes
• No repair costs should be recovered if the works would be superseded by a landlord’s plans, i.e. demolition, structural alterations that would render repairs valueless.

Question 1130

What implications could an appended schedule of condition have on a dilapidations claim?

Answer 1130

• Limit the tenant’s reinstatement and repairing obligations, depending on the wording of the lease.

Question 1131

What is covered by The Civil Procedure Rules 1998?

Answer 1131

• Introduced by Lord Woolf

- Provides rules and practice directions for dispute procedures.

Question 1132

How would you get building regulations approval for a project?

Answer 1132

• Anyone wanting to carry out building work which is subject to the Building Regulations is required by law to make sure it complies with the regulations and to use one of the two types of building control services available:
  o Building Control Service provided by your LA
  o Building Control Service provided by approved inspectors

Question 1133

When do the Building Regulations apply?

Answer 1133

• Apply to any building that involves the erection of a new building, the extension of a building, the material alteration of a building, the installation, alteration or extension of a controlled service or fitting.

Question 1134

Who is responsible for ensuring compliance with the Building Regulations?

Answer 1134

• Primary responsibility for achieving compliance with the regulations rests with the person carrying out the building work. If you are carrying out the work personally, the responsibility rests with you.
• If you are employing a builder, the responsibility will usually be with that firm, but you should confirm this position at the very beginning.
• You should also bear in mind that if you are the owner of a building, it is ultimately you that may be served with an enforcement notice if the work does not comply with building regulations.

Question 1135

What is the difference between Local Authorities and Approved Inspectors?

Answer 1135

• Local Authorities are responsible for ensuring work complies with the Building Regulations
• Approved Inspectors are approved by the Secretary of State to inspect, supervise and authorise building works.

Question 1136

Why did you select an Approved Inspector for your project in Lowfield Heath?

Answer 1136

• Because they are generally seen to be more responsive and open to giving advice.

Question 1137

Are there any timeframes involved with the appointment of an approved inspector?

Answer 1137

• If you appoint an approved inspector they need to serve an initial notice on the council that has to be validated 5 working days before the project commences.

Question 1138

What are the two types of Building Regulations Applications?

Answer 1138

• Building Notice – for the use of minor works. No formal approval is given, but the process is quicker.
• Full Plan – this must be used for any type of building work including offices, factories, shops, etc.

Question 1139

What documentation did the Building Control provide?

Answer 1139

• Building Control will examine initial plans to approve the proposed works comply with Building Regulations and provide a ‘plan certificate’
• Following completion of the works a final certificate will be issued if the actual works comply with Building Regulations.

Question 1140

What are consequential improvements triggered for non-domestic buildings under Part L of the Building Regulations?

Answer 1140

• When a building is over 1000m2 and the works involve significant extension/refurbishment and also when extending or replacing a fixed building service.
• If this is the case then 10% of the value of the works should be spent on improvements
• The key is that it is reasonable and the payback will be within 15 years.
• Could include upgrading heating/cooling/air handling systems, lighting systems, installing energy metering, upgrading thermal elements, replacing windows, on-site energy generation and applying EPC recommendations.

Question 1141

What are the enforcement options available under building regulations?

Answer 1141

• LA or another person may decide to take person contravening building regulations to the magistrate’s court where they could be fined up to £5,000 for the contravention, and up to £50 per day the contravention continues after conviction (s35 Building Act 1984).
• Action usually taken against the builder/main contractor, although proceedings must be taken within 6 months of the offence (s127 Magistrates Court Act 1980)
• Alternatively, or in addition, the LA may serve and enforcement notice on the owner requiring them to alter/remove work that contravenes the regulations (s36 Building Act 1984).
• If the owner does not comply, the LA has the power to undertake the work itself and recover the costs of doing so from the owner.

Question 1142

Are you aware of any recent changes to the Building Regulations?

Answer 1142

• Updates to Part L
  o Reduction of carbon emissions in new builds (domestic by 31%; non-domestic by 27%) – low carbon heating technology - electric central heating, renewable energy.
  o New metric for measuring energy efficiency – primary energy, including energy to deliver fuel to the building and efficiency of power station supplying electricity
  o New minimum efficiency standards –
   Domestic – new u-value for walls – 0.18; windows/rooflights/doors – 1.4
   Non-domestic – walls – 0.26; windows/curtain walls – 1.6
   New maximum flow temperature - 55°C in both domestic and non-domestic
   New controls to existing non-domestic buildings’ heating and hot water boiler systems to improve efficiency
   New non-domestic buildings – minimum lighting efficacy raised to 80 luminaire lumens per circuit watt for display lighting and 95 luminaire lumens for general lighting.
• Updates to Part F
  o Background trickle ventilators recommended in non-domestic buildings
  o Requirement for installation of CO2 monitors in offices
  o Minimum air supply rate of 0.5 l/s.m2.
• Fabric Energy Efficiency Standard (FEES) – level in new home set by a ‘full fabric specification’ and SAP compliance will now be applied to extensions built to existing properties.
• Updates to Part O –
  o New approved document introduces glazing limits in new build homes, care homes, schools and student accommodation to reduce unwanted solar heat.
  o Stipulates new levels of cross ventilation to remove excess heat.
• Updates to Part S –
  o New approved document requires all domestic new builds to have the preparatory work completed for the future installation of an electric vehicle charge point.

Question 1143

What approvals would you require prior to undertaking a refurbishment and demolition project?

Answer 1143

• Demolition was dealt with under the Building Act 1984 – generally requires 6 weeks prior notice to be given to the LA Building Control prior to demolition works.
• LA Building Control may decide to issue a notice within 6 weeks on receipt of the notification to specify conditions that need to be met, which may include precautions to protect adjoining properties and the public.
• Demolition work must also comply with the Construction (Design and Management) Regulations 2015 and a CPP and health and safety plan produced by the principal contractor.

Question 1144

Give 4 examples of work where planning permission is required.

Answer 1144

• New build construction on a vacant site
• New build extension that is not a permitted development
• Change of use that is not a permitted change of use
• Increase in the height of a fence adjacent to a highway above 1m in height

Question 1145

What is the timeframe for planning consent?

Answer 1145

• 8 weeks from the validation of the application.

- Listed building consent can be longer, but they aim for 8 weeks.

Question 1146

What is the recourse if a planning application has been rejected?

Answer 1146

• If I felt that there were grounds to appeal then I could have prepared an appeal form stating the reasons for the appeal with evidence.
• This can be appealed in the courts or to the Secretary of State within 6 months of a decision.

Question 1147

What enforcement action can be taken on a planning breach?

Answer 1147

• A planning contravention notice requires the owner to provide information
• Enter land and property with 24 hours notice to investigate breaches
• An enforcement notice requests that the breach be remedied
• Stop notices can be issued.

Question 1148

Is there a limit as to when enforcement actions can be taken?

Answer 1148

• Change of use to a single dwelling house - four years from completion of the works.
• Everything else 10 years from completion of the works.

Question 1149

Are you aware of any recent or planned changes to planning legislation?

Answer 1149

The government issued a white paper in 2020 called planning for the future.
It seeks to streamline the planning process, create a digital first planning process, a new focus on design and sustainability, improve infrastructure delivery, make more land available for the homes/developments and communities need.

Question 1150

What is NPPF?

Answer 1150

• National Planning Policy Framework
• Sets out government’s planning policies for England and how these are expected to be applied.
• Published in March 2012
• Designed to make the planning system less complex

Question 1151

What changes has NPPF made to the planning system?

Answer 1151

• Government wants to encourage the right kind of development and speed up the decision making process.
• Made the planning system less complicated reducing 1300 pages of guidance to 50.
• Claims that reducing guidance could lead to more variation in decisions.
• Sustainable development – at the heart of NPPF is presumption in favour of sustainable development.
• Community decision making – give decision making power back to local communities with neighbourhood plans. Decentralised decision making could lead to greater variation.
• Town centre renewal – encourage town centre vitality, suggesting edge of town sites should only be used if connected to town centres or if no viable town centre site is available.
• Housing – identify and update annually a supply of deliverable sites sufficient for 5 year supply of housing.

Question 1152

What is a listed building?

Answer 1152

• A building that has been placed on the Statutory List of Buildings of Special Architectural or Historic Interest.

Question 1153

How is a building listed?

Answer 1153

• In England, to have a building considered for listing/de-listing the process is to submit an application form online to Historic England.
• The applicant does not need to be the owner of the building to apply for it to be listed.
• Historic England assesses buildings put forward for listing/de-listing and provides advice to the Secretary of State for Digital, Culture, Media and Sport on the architectural and historic interest. The final decision is either made by Historic England or the Secretary of State, depending on the type of building or site.
• Secretary of State may seek additional advice from others decides whether or not to list/de-list.
• A Certificate of Immunity from listing can be issued by the Secretary of State (guarantees it will not be listed)

Question 1154

Under what legislation is a building listed

Answer 1154

• In England and Wales authority is granted to the Secretary of State by the Planning (Listed Buildings and Conservation Areas) Act 1990.

Question 1155

What classes of listed building are there?

Answer 1155

o Grade I – buildings of exceptional interest
o Grade II* - particularly important buildings of more than a special interest
o Grade II – buildings that are of special interest, warranting every effort to preserve them.

Question 1156

Why are buildings listed?

Answer 1156

-	Criteria include architectural interest, historic interest and close historical associations with significant people or events.
o	Age and rarity 
o	Aesthetic merits
o	Selectivity 
o	National interest

Question 1157

What part of the building is listed?

Answer 1157

• Although the decision to list a building may be made on the basis of architectural or historic interest of one small part of the building, the listing protection nevertheless applies to the whole building.
• Listing applies to the exterior fabric and the internal fixtures, fittings and objects within the curtilage of the building even if they are not fixed.

Question 1158

How can a listed building be de-listed?

Answer 1158

• In the same way as it is listed – application made to Historic England and they advise the Secretary of State, and either make the decision. De-listing is possible, but rare in practice and is likely to take a minimum of 5 months.

Question 1159

What are the restrictions when working on a listed building?

Answer 1159

• Anyone who wants to demolish, alter or extend a listed building that affects its character must obtain listed building consent from the local planning authority
• An offence to demolish, alter or extend a listed building without listed building consent and the penalty can be a fine of unlimited amount or up to 12 months imprisonment or both.

Question 1160

How do you undertake repair work to a Grade I listed building?

Answer 1160

• Liaise with the conservation officer at the local planning authority for advice

Question 1161

What is the Party Wall etc. Act 1996?

Answer 1161

• An enabling act to allow an owner to undertake certain specific works on, adjacent to, adjoining premises while giving protection to potentially affected neighbours.
• Act also provides for a mandatory dispute resolution procedure. Mediation by a statutorily appointed third surveyor.

Question 1162

What is a party wall?

Answer 1162

• A wall standing on the land of two or more owners that forms part of a building or does not form part of a building (garden wall), or
• Walls on one owner’s land which are used by other owners (two or more) to separate their buildings
• The part of a wall standing on the land of one owner that separates the building of two owners.

Question 1163

What is a party structure?

Answer 1163

• A wall or floor separating different parts of a building, each with separate entrances e.g, flats.

Question 1164

What does the Party Wall Act cover?

Answer 1164

• Section 1 – new building on the line of junction
• Section 2 – repair, etc. of party wall (owner’s right)
• Section 3 – party structure notices
• Section 6 – adjacent excavation and construction (Adjacent Excavation Notice)

Question 1165

What is included within Section 1 of the Party Wall etc. Act 1996?

Answer 1165

• New building on a boundary
• Section 1: Line of Junction Notice
• 1 month notice period
• E.g. Construction of a new wall on a boundary

Question 1166

What is included within Section 2 of the Party Wall etc. Act 1996?

Answer 1166

• Works to existing party structures

Question 1167

What is included within Section 3 of the Party Wall etc. Act 1996?

Answer 1167

Section 3: Party Structure

• 2 month notice period
• E.g. Inserting DPC, demolishing or raising party structure

Question 1168

What is included within Section 6 of the Party Wall etc. Act 1996?

Answer 1168

• Excavations near AO footings
• Section 6: Adjacent Excavations
• 1 month notice period
• E.g. If within 3m and below AO foundation, or within 6m and intersects at 45° from bottom of AO foundation

Question 1169

When is it not necessary to serve a party wall notice?

Answer 1169

-	De minimis works
o	Plastering
o	Screws
o	Chasing in wires of plugs
-	Section 2 works
o	When consent is received from all AO and occupiers before commencing work.

Question 1170

What needs to be included in a party wall notice?

Answer 1170

• Name of AO and BO
• Addresses
• Description of the works
• Drawings
• Structural information
• Start dates
• Acknowledgements
• Advisory note explaining the processes, dissent and time frames.

Question 1171

What is the procedure for serving a party wall notice?

Answer 1171

• BO serves notice on AO
• Notice is effective for a year
• AO can consent or dissent
  o Dissent is automatic after 14 days with no response
  o Disputes and dissent are covered by Section 10
  o Appointment of separate/agreed surveyor/s
  o Appointment of a third surveyor
• If no response/dissent, AO has 10 days to appoint a surveyor
  o If no appointment BO can appoint on behalf of AO
• AO can counterclaim under Section 4 for additional works. BO cannot reasonably refuse.
• Surveyors agree award (Binding unless amended by the courts)
• 14 days notice must be provided where access into neighbouring land is required.

Question 1172

What provisions are there for special foundations in Section 7 of the Party Wall etc. Act 1996?

Answer 1172

• Reinforced foundations require express written consent from AO if on their land, as it is more difficult to alter or move in the future.

Question 1173

What provisions are there for entry into adjacent land in Section 8 of the Party Wall etc. Act 1996?

Answer 1173

• Duration and conditions to be agreed and documented in the award
• 14 days notice required

Question 1174

What provisions are there for security of expenses in Section 12 of the Party Wall etc. Act 1996?

Answer 1174

• AO can request BO to make available a sum of money should they stop works at an inconvenient stage
• Complex process
• Held in central bank (Escrow Account)
• Released by issue of a notice under Section 15.

Question 1175

What is ex parte in relation to the Party Wall etc. Act 1996?

Answer 1175

• Used when AO surveyor acts inefficiently

- BO surveyor acts as single agree surveyor.

Question 1176

What is a party wall award?

Answer 1176

• Legal document which says what work should happen, how and when it will be carried out, who will pay for which part and how much will be paid (including surveyor’s fees)

Question 1177

What are the timelines for party wall notices and awards?

Answer 1177

• Adjoining owner received a notice under the Party Wall Act – 14 days to respond
• AO does not respond/appoint a surveyor – 10 days further notice served
• Minimum period of notice for construction of a party fence wall or boundary wall where the foundations are to encroach on the adjoining owner’s land – 1 month
• Minimum period of notice for construction in relation to notices of adjoining excavation i.e. 3m and 6m notices – 1 month
• Minimum period of notice for repairs, demolition, etc. to a party wall/structure – 2 months
• Maximum time to the commencement of works following the serving of the initial notice – 12 months

Question 1178

What are rights of light?

Answer 1178

• Easement that gives a landowner the right to receive light through defined apertures in buildings on their land. Generally people and buildings do not have rights to light, but the planning system can give protection, not rights.

Question 1179

What is a contract?

Answer 1179

• It does not have to be in writing, but are created by an offer and an acceptance, an intention to enter into legally binding relations and offer some form of payment. (consideration).

Question 1180

What should be included in written confirmation of an instruction?

Answer 1180

• Means by which instruction received
• Name of the person who received the instruction
• Nature of the instruction received
• Name of the person who will carry out the service
• Date, time, and address at and about which the service will be conducted
• Date by which the report will be issued
• Cost of the service (plus or including VAT)
• Scope of service to be conducted
• Specific exclusions from that scope
• Any agreement required for additional services e.g. M&E, access platform, etc.
• Provision of the surveyor’s complaints procedure
• Requirement for surveyor expenses and/or disbursements
• PII clauses

Question 1181

What case law defined disrepair?

Answer 1181

• Post Office v Aquarius Properties Ltd confirmed that disrepair means deterioration of the physical condition of the property.

Question 1182

What case law determined what it means to keep property in repair?

Answer 1182

-	Proudfoot v Hart
o	Obligations to keep the premises in ‘repair’ extends to putting the premises into a state of repair if they are in disrepair at the start of the lease
o	Condition should be assessed having regard to the age, character and locality of the building for the occupation of a tenant of the class who would be likely to take it.

Question 1183

What does it mean to keep a property in repair?

Answer 1183

• Case law has suggested that ‘good’ or ‘substantial’ repair generally has no effect and do not create a more onerous standard of repair. The construction of the repairing covenant depends on the length of the lease, the property’s location and the nature of the tenant’s use of the property.
• Keeping the premises in repair extends to putting the premises into a state of repair at the start of the lease (rationale that they cannot comply unless the property is put into repair first).

Question 1184

How do you determine whether the required works fall within the repair covenant?

Answer 1184

• Wording of the lease has primacy, but a sensible approach would be to:
  o Look at the particular building
  o Look at the state the property was in at the date of the lease
  o Look at the precise terms of the lease
  o Conclude whether on a fair interpretation of those terms in relation to that state, the requisite works can fairly be termed repair.
• Ascertains whether the suggested works seem reasonable or whether they would result in the tenant handing back something that is wholly different to that which was originally demised to them under the lease.

Question 1185

What is the difference between ‘keep in repair’ and ‘keep in good repair and condition’?

Answer 1185

• The latter is more onerous and can require the tenant to carry out works even where there is no disrepair.
• Good repair and condition goes beyond the given state of the property at the time of the grant of the lease
• Good condition relates to the level of condition that a tenant of the type generally considered to take a lease of the building would require. When used alone an obligation to keep a property in good condition imposes a lesser obligation than that of repair.
• Firstcross Ltd v Teasdale – tenant covenant to keep a property in good and tenantable condition required no more than the premises being capable of being used in a tenant like manner.

Question 1186

What is CDM 2015?

Answer 1186

• Construction (Design and Management) Regulations 2015
• Came into force on 6 April 2015
• Main set of regulations for managing the health and safety and welfare of construction projects.
• Provides a statutory framework for managing health and safety during the construction, repair, maintenance and demolition of civil engineering and construction work
• Legal duties for everyone involved in a project from design to construction and beyond, including the maintenance, use and demolition of the building/structure.

Question 1187

What are the main aims of the CDM Regulations?

Answer 1187

• Sensibly plan the work so the risks involved are managed from start to finish.
• Have the right people for the right job at the right time
• Cooperate and coordinate with the design and construction project team
• Have the right information about the risks and how they are being managed
• Communicate this information effectively to those who need to know
• Consult and engage with workers about the risks and how they are being managed

Question 1188

Who is considered a client in CDM Regs 2015?

Answer 1188

• Client duties apply in full to commercial clients, the domestic client’s duties pass to other duty holders.
• A commercial client is any individual/organisation that carries out a construction project as part of a business. A domestic client is any individual that carries out work on their home or a family home and is not part of their business.

Question 1189

What are the general principles of prevention?

Answer 1189

• Firstly avoid risks, evaluate the risks that cannot be avoided, try to combat risk at the source, look to adapt the work to the individual with a view of alleviating monotonous work, adapt technical progress, develop coherent overall prevention policy and provide instructions to employees regarding protective measures.

Question 1190

What would you do if the client refused to appoint a principal designer?

Answer 1190

• If they refused, they would assume the role and would have additional legal responsibilities, and would need to have the skills, knowledge and experience to do so. I would strongly advise against this, however, should I be in this position, I would detail the responsibilities of the PD role to ensure that my client complied with the regulations

Question 1191

What is the hierarchy of control measures for hazards?

Answer 1191

• Elimination
• Substitution
• Engineering/isolation
• Administration/training
• PPE

Question 1192

How do you determine if a consultant is competent?

Answer 1192

• Relevant qualifications
• Previous experience and membership to professional bodies
• Assessment of company’s organisation and arrangements for H&S – construction line
• Assessment of experience and track records

Question 1193

What would you expect to find within the O&M manual?

Answer 1193

• The Works
  o Description of the building and facilities
  o Health and safety information
  o Contract particulars
  o Operational requirements and constraints of a general nature
  o Maintenance contracts and contractors
  o Fire safety strategy for the building and site
  o Description and location of other key documents
• Building Fabric
  o Detailed design criteria
  o Floor and roof loadings
  o Durability of individual components and elements
  o Loading restrictions
  o Insulation values
  o Fire safety
  o Other relevant performance requirements
  o Construction of the building
  o Detailed description of the methods and materials used
  o As-built drawings
  o Information/guidance concerning repair, renovation or demolition/deconstruction
  o Periodic maintenance guide chart
  o Inspection reports
  o Manufacturer’s instructions index, incliduding COSHH sheets and recommendations for cleaning, repair and maintenance of components
  o Fixtures, fittings and components schedule and index
  o Guarantees, warranties and maintenance agreements
  o Test certificates and reports
• Building Services
  o Detailed design criteria and description of the systems

Question 1194

What is in the health and safety file?

Answer 1194

• Description of the works carried out, any residual hazards, key structural principles, any hazards associated with materials used, O&M manuals, access arrangements for maintenance and as-built drawings.

Question 1195

What aspects of fire safety does Part B cover?

Answer 1195

• Prescriptive code of practice for fire safety design beyond the limits of Approved Document B.
  o not a fire engineering guide, although it used fire engineering
  o principles to formulate the guidance provided
  o sits between Approved Document B and Fire Safety Engineering
  o Has 9 sections:
   General
   Risk profiles and assessing risk
   Ensuring effective fire protection
   Managing fire safety
   Designing means of escape
   Access for facilities and fire fighting
   Designing the building structure – load bearing and non-load bearing elements
   Special risk protection
   Managing occupied buildings

Question 1196

What is the difference between Approved Document B, BS9999 and Fire Safety Engineering?

Answer 1196

• Part B – applicable to the majority of buildings, government guidance, prescriptive design guidance.
• BS9999 – advanced approach – still prescriptive but a more flexible approach. Structured approach to risk based design based on fire safety engineering.
• Fire Safety Engineering – BS7974 – supporting published documents is a more bespoke approach – only practical approach for some large and complex buildings and for buildings containing different uses.

Question 1197

Outline some of the requirements of Part B of the Building Regulations.

Answer 1197

• Travel distances need to be less than 18m in one direction or 45m in more than one direction at 45 degrees. (office)
• Up to 60 people – 1 escape, up to 600 people – 2 escapes, more than 600 people – 3 escapes
• Inner rooms should have sufficient fire detection, vision panels and no more than 30 people capacity
• All escapes routes should have a minimum 2m headroom, fire corridors 30m fire protection
• Fire escape stairs should be between 1000mm and 1800mm depending on number of floors and occupants.

Question 1198

What is the Regulatory Reform Fire Safety Order 2005?

Answer 1198

• Dictates that in England and Wales, if you are an employer, owner, landlord or occupier of a business/non-domestic premises, you are the responsible person for fire safety and are known as the responsible person.
• They must carry out and regularly review a fire risk assessment. If there are 5+ employees then the assessment must be documented – carried out when building constructed and annually or when significant changes to the building fabric or building use

Question 1199

What is a fire risk assessment survey, when should it be carried out and who is responsible for its production and updating?

Answer 1199

• Assessment of fire risks within a building, including risk of fire occurring, potential severity based on fire load and building use and fire safety measures in place, such as detection and alarm, compartmentation, fire fighting equipment, signage, etc.

Question 1200

What do you call a room that can only be accessed from another room? What extra precautions might you take?

Answer 1200

• Inner room
• People in the room need to be warned of any fire in the outer room – achieved with detection to the outer room with alarm in inner room, a vision panel or partitions that do not go to full height to the underside of the ceiling
• Cant be used for sleeping/contain more than 30 people

Question 1201

What is compartmentation?

Answer 1201

• Division of the building into discrete fire zones limiting fire damage by delaying spread of fire into neighbouring compartments

Question 1202

What elements of compartmentation would you expect to see in the design of a building?

Answer 1202

• Distinct compartments horizontally and vertically to stop the spread of fires
• Rooms providing 30 minutes fire protection to escape corridors, having fire doors every 12m
• Lifts/staircase lobbies being a separate compartment with 60 minute fire rated walls/doors
• Floors fire rates to stop vertical spread – fire barriers in ceiling voids every 20m.

Question 1203

What would you look for when undertaking site inspections during construction?

Answer 1203

• Ensure fire rated elements had been installed as per the design and that these elements were properly fire stopped where penetrated by service penetrations.

Question 1204

What are fire rated doors?

Answer 1204

• Maintain the fire resistance of the compartment by providing specified fire resistance and smoke seals to prevent spread of fire
• Usually 30 or 60 minute doors with intumescent strips which act as smoke seals around the perimeter
• Should be self-closing and signed as a fire door.

Question 1205

What is a firefighting shaft?

Answer 1205

• Protected shaft that allows fire and rescue services to access the building safely during a fire
• Approached through a fire fighting lobby
• Equipped with fire mains with outlet connections on each storey
• Firefighting lift if building has 18m+ floors or 10m below fire rescue access limits.
• Walls to the shaft should be fire rated to 120 minutes with 60 minute fire doors.
• Required when the building is tall, has basements and has a large floor plate which will restrict access to the fire and rescue services.

Question 1206

What is the Fire Safety Act 2021?

Answer 1206

• Commenced 16 May 2022
• Amends Regulatory Reform (Fire Safety) Order 2005
• Clarifies that responsible persons for multi-occupied buildings must manager and reduce the risk of fire for the structure and external walls of the buildings, including cladding, balconies and windows, and entrance doors to individual flats that open into common parts.
• Applies in England and Wales

Question 1207

What are the Fire Safety (England) Regulations 2022?

Answer 1207

• Introduced as an important step towards implementing the recommendations of the Grenfell Tower enquiry phase 1 report.
• Introduced under article 24 of the Fire Safety Order and will come into force on 23 January 2023.
• Require responsible persons in multi-occupied residential buildings to take specific actions, depending on the height of the buildings:
  o Residential buildings with 2+ domestic premises with common areas
   Fire risk prioritisation tool
   Information to residents – fire safety instructions
   Information to residents – fire doors
  o Residential buildings between 11m and 17.9m in height
   As above
   Fire door checks
  o Residential buildings over 18m (or 7 storeys) in height
   As above
   Secure information box
   Design and materials of external walls
   Floor plans and building plan
   Lifts and firefighting equipment
   Wayfinding signage

Question 1208

What is the Building Safety Act 2022?

Answer 1208

• Biggest swathe of regulatory changes to the UK built environment since the 1984 Building Act.
• Will run alongside the Fire Safety Act – rolled out from 2022 to 2024
• Extends from pre-construction procurement stage (planning process) to post construction occupation and property management phases. Entire lifecycle focus.
• Covers:
  o Changes to Building Act and Building Regulations to improve building control
  o Separate set of additional statutory duties on CDM duty holders
  o Changes the way higher risk buildings are designed, planned and built by requiring duty holders to capture building information relating to fire and structural safety.
  o Enhanced rights for property owners, leaseholders and occupiers to bring claims in respect of defective work
  o Residential leaseholder protections designed to shift responsibility for paying remediation costs away from residents in a building, along with measures to shield leaseholders from all costs relating to unsafe cladding
  o Widening liability for building owners, developers of high risk buildings and product manufacturers and suppliers.
• Key issues addressed:
  o Time periods within which legal claims can be brought against developers and contractors will be extended to 15 years for claims relating to dwellings unfit for habitation (Defective Premises Act 1972) and breaches of the Building Regs under section 38 of the Building Act 1984 (applies to all buildings). Broadened to include refurbishments works as well as new builds. Inclusion of retrospective claims up to 30 years after completion of dwellings for historic projects.
  o Claims can be brought against product manufacturers here a product has been mis-sold, is inherently defective or there has been a breach of existing construction product regulations. Subject to 30 year retrospective claims and 15 years for all future products.
  o Creation of a new Building Safety Regulator responsible for overseeing and driving improvements in the safety and performance of all buildings and enforcing a more stringent regime for higher risk buildings. Houses within HSE and will oversee skills for inspectors and building control and higher risk buildings.
  o New House Ombudsmen Scheme – dispute resolution for complaints by buyers of new build homes against developers
  o CDM duty holders will gain new responsibilities focused on raising standards and designed to ensure compliance with Building Regs. Competency is one of the key provisions – centralised register will record competence levels and client must sign a declaration confirming they have reviewed and are satisfied with the competence of the Principal Designer and Principal Contractor on a project as part of the procurement process. Expected to be additional competency requirements for higher risk buildings.
  o Stricter regime for higher risk buildings over 18m or above 6 storeys – will have to have at least one clearly identifiable accountable person responsible for ensuring the fire and structural safety is properly managed for the whole building.
  o Golden thread of vital building information throughout the lifecycle of higher risk buildings – duty holders must keep it up to date digitally.
  o Gateways – planning stage, prior to building works commencing, completion/final certification – applies to both design and construction of new, higher risk buildings and the major refurbishment of existing higher risk buildings.

Question 1209

What is asbestos?

Answer 1209

• Term for the fibrous form of several naturally occurring silicate materials.

Question 1210

Why was asbestos used in buildings?

Answer 1210

• Increasingly popular in the late 19th century due to its sound absorption, average tensile strength, resistance to fire, heat, electrical and chemical damage and affordability
• Fibres often mixed with cement (fibre cement) or woven into fabric/mats.

Question 1211

What are the three main types of asbestos?

Answer 1211

• Chrysotile (white)
• Amosite (brown)
• Crocidolite (blue)

Question 1212

Where is asbestos likely to be found?

Answer 1212

• Mainly in 1950s-1970s buildings
• Carcinogenic and needs to be removed if there is a chance fibres could be released – damaged asbestos must be removed, or encapsulated/managed.
  o Corrugated concrete roof sheets
  o Insulation board
  o Lagging
  o Tiles
  o Washers
• Extensively in 1950s-70s.
• Health concerns limited use from late 1970s, but blue and brown was only banned in 1985
• White asbestos only banned in 1999.

Question 1213

Why is asbestos dangerous?

Answer 1213

• Breathing in the fibres can lead to asbestosis (scarring of lung), lung cancer and mesothelioma (cancer of the lung lining)

Question 1214

Which forms of asbestos have a higher potential for fibre release?

Answer 1214

• High – sprayed coatings, loose fill, lagging
• Medium – AIB, rope and gaskets
• Low – asbestos cement, decorative paints and plasters

Question 1215

What regulations apply to asbestos and what duties do these regulations impose and on whom?

Answer 1215

• Control of Asbestos Regulations 2012 – enabling legislation H&S at Work Act 1974
• Requires duty holder to manage asbestos in non-domestic premises and every person has a responsibility to cooperate with the duty holder in complying with their duties.
• Duty holder is anybody with the obligation for repair and maintenance
• Duty to identify, assess all ACMs that are reasonably accessible , remove where necessary, keep up to date written records on the location, type, form and condition of any remaining ACMs.
• Prepare, implement and regularly review a written asbestos management plan and provide this information to others where necessary.

Question 1216

Who is the duty holder when it comes to asbestos legislation?

Answer 1216

• Person responsible for the management of asbestos in non-domestic premises as set out in Control of Asbestos Regulations 2012
• Every person who, by virtue of a tenancy/contract has an obligation for the repair and maintenance of those premises.

Question 1217

Does the Control of asbestos regulations 2012 cover residential properties?

Answer 1217

• Only common parts of a block of flats

Question 1218

What should the asbestos duty holder do?

Answer 1218

• Take reasonable steps to determine the location of materials likely to contain asbestos, make and maintain an asbestos register identifying the location of all ACMs, assess and monitor the condition of all ACMs, produce a management plan to assess the risk of exposure of ACMs and measures necessary to manage the risk.

Question 1219

What guidance has the HSE produced?

Answer 1219

• HSG264 – The Survey Guide and a number of guidance sheets on their website

Question 1220

What are the types of asbestos survey?

Answer 1220

• Management survey – locate as far as reasonably practical the presence of suspected ACMs in the building that could be damaged or disturbed during normal occupancy and to assess their condition - usually involves some sampling, but can also involve presuming presence and absence of ACMS.
• Refurbishment and Demolition Survey – required before undertaking work - survey fully intrusive and involves destructive inspection with samples taken for analysis.

Question 1221

What types of samples are taken on an asbestos survey?

Answer 1221

• Bulk sample – suspect ACMs taken and analysed by a skilled lab technician to determine type and approximation of fibres by microscopic analysis. Must be accredited to analyse a sample.
• Air testing – collection of fibres using a filter which is then microscopically examined to count the number of fibres – must get a 0.1 fibre per m/l reading.

Question 1222

What is an asbestos register?

Answer 1222

• Details of the survey report forms the basis of the asbestos register
• Living document and should be revised if any work is done to the asbestos or if the condition deteriorates.

Question 1223

What is an asbestos management plan?

Answer 1223

• Should include the asbestos register
• Identify the person responsible for ACM management
• Timetable for implementing the plan, monitoring arrangements, emergency actions in the event of asbestos fibre release, mechanism for informing employees and visitors of the location of the ACMs and risks.

Question 1224

What control conditions need to be in place for asbestos removal?

Answer 1224

• Air tight enclosure using a rigid framework and impervious sheeting, smoke and visual test to the integrity of the enclosure, air extraction to create a negative pressure, equipment, fittings and floor coverings should be protected, three stage air lock, decontamination shower facilities close by, on completion strippers should carry out a visual inspection and clearance air monitoring.

Question 1225

Describe the disposal process for asbestos.

Answer 1225

• Consult with disposal authority
• Double bag all asbestos waste
• Remove immediately or store in special sealed skips
• Maintain strict system of records with consignment notices and disposal tickets
• Label all bags

Question 1226

What paperwork should the licensed contractors provide when disposing of asbestos?

Answer 1226

• Insurance certificates
• Training records of the strippers, air monitoring results, maintenance record of the equipment, consignment notices/disposal tickets.

Question 1227

What are the methods of asbestos encapsulation?

Answer 1227

• High build elastometric coating, spray applied encapsulates when penetrating friable ACMS
• Mechanical encapsulation by board or sheet screw fixed.

Question 1228

Is a licence required for all asbestos work?

Answer 1228

• Generally it will, but if the exposure of employees to asbestos is sporadic and of low intensity and it is clear from the risk assessment that the exposure of any employee will not exceed the control limit and the work involves short non-continuous maintenance activities, where the encapsulation of ACMs is in good condition or the removal is firmly linked in a matrix, air monitoring then it is not required.

Question 1229

How are the HSE notified about asbestos works?

Answer 1229

• Licensed asbestos contractor submits an ASB5 form to HSE 14 days prior to commencement of work.
• Form contains details of proposed work, a suitable plan of works, equipment specification and copy of the licence.

Question 1230

What changes were made in the latest update to the asbestos regulations?

Answer 1230

• Introduced a new category of notifiable non-licensed work.
• Some types of non-licensed work with asbestos now has additional requirements i.e. notification work, medical surveillance and record keeping.

Question 1231

What is Approved Document M?

Answer 1231

• Provides guidance on how to meet Part M of the building regulations in relation to access and use of a building.

Question 1232

What is BS8300?

Answer 1232

• British Standard that explains how the built environment can be designed to anticipate and overcome restrictions that prevent disabled people making full use of a premises and their surroundings.
• Accessible environment is one which a disabled person can enter and make use of independently or with help from an assistant, including being able to escape in the event of a fire.
• Recommendations for the design of new buildings and their approaches to meet the needs of disabled people
• Applies to car parking provisions, set down points, garaging, access routes to and around the building, entrances, interiors
• Also applies to routes to associated facilities in the immediate vicinity of the building
• Applies to existing buildings and may form the basis for improvements.

Question 1233

What is the Equality Act 2010?

Answer 1233

• Employer has a duty to make reasonable adjustments for disabled applicants and employees.

Question 1234

How can an employer meet their duties under the Equality Act 2010?

Answer 1234

• 3 requirements that apply in situations where a disabled person would otherwise be placed at a substantial disadvantage compared with able bodied people.
  o Changing the way things are done
  o Changes to overcome barriers created by the physical features of your workplace
  o Providing extra equipment or getting somebody to do something to assist the disabled person
• Bringing about equality may mean changing the way in which employment is structured, the removal of physical barriers and providing extra support for a disabled worker.

Question 1235

What is the aim of the Equality Act 2010?

Answer 1235

• To make sure that as far as is reasonable, a disabled worker has the same access to everything that is involved in doing and keeping a job as a non-disabled person.
• Employer is under a positive and proactive duty to take steps to remove/reduce/prevent obstacles and make adjustments for the individual worker.
• Need to make adjustments must not be a reason not to promote a worker if they are the best person for the job, must not be a reason to dismiss a worker and must not be considered in relation to every aspect of the worker’s job.

Question 1236

What is reasonable when it comes to the employer’s equality act duty? What if an employee does not make reasonable alterations?

Answer 1236

• How effective the change will be in avoiding the disadvantage they would otherwise experience
• Its practicality
• The cost
• Your organisation’s resources/size
• Availability of financial support
• If the disabled worker can show that there were barriers you should have identified and reasonable adjustments could have been made, they can bring a claim against you in the employment tribunal and you may be ordered to pay them compensation as well as make the reasonable adjustments.

Question 1237

What is the difference between the equality act and approved document m?

Answer 1237

• Equality act sets out the law but is not prescriptive on how to achieve it
• Approved Doc M and BS83000 provide guidance on the minimum building requirements
• Only guidance and the building user may decide to use other methods to comply with the Equality Act.

Question 1238

How is disability defined?

Answer 1238

• Physical or mental impairment that has an adverse and long term affect on the ability of a person to carry out their day to day activities.

Question 1239

What considerations to DDA, Doc M and BS83000 should be taken into account?

Answer 1239

• Inclusion of an accessible WC
• Door widths (min 800mm)
• Ensuring light switches and door handles are at an appropriate height
• Vision panels a certain size
• Corridors minimum width of 1200mm
• Single height kitchen counters

Question 1240

What considerations should be undertaken for the design of a stepped entrance?

Answer 1240

• Ensure handrails are at an appropriate height and length
• Tactile paving
• The rise and going are adequate

Question 1241

What should the clear width of doors be?

Answer 1241

• 800mm wide in new buildings and 750mm in existing

Question 1242

What are the minimum dimensions of an accessible WC?

Answer 1242

• 2.2m x 1.5m

Question 1243

What is tonal contrast?

Answer 1243

-	Doc M has provisions for visual contrast between certain elements e.g.
o	Ironmongery and door faces
o	Some door edges and door faces
o	Door faces and/or frames and walls
o	Handrails and walls
o	Sanitary fittings and rails and walls
o	Floors and walls
-	Doc M suggests a differentiation of 30 points in the light reflectance value

Question 1244

What are the different types of disability?

Answer 1244

• Mobility impairment (wheelchair users, ambulant disabled)
• Sensory impairment (visual or hearing)
• Learning disabilities (communication, behaviour, social interaction)

Question 1245

What are the difficulties of achieving vacant possession?

Answer 1245

• In relation to complying with a break clause.
• You need to be clear on the meaning of vacant possession and how it is achieved if you are to successfully activate the break.
• For example, on an office building in Barnet, I was representing the tenant in a break claim. The wording of the break clause was very unclear, so we advised our client to seek legal advice on their interpretation of the specific wording and what was intended by vacant possession in this particular case. I liaised closely with their legal team and it was determined that a full strip out was not required, but all demountable partitioning should be removed, and these were stripped out prior to the break date. The tenant undertook these works and the break was successful.

Question 1246

What types of conditions are required for a tenant to terminate a lease?

Answer 1246

• Service of a written notice by a given date (usually 6-9 months before break date)
• Payment of a break premium – increasingly common for tenants to agree this condition (which is clear and certain) in place of a condition requiring compliance with all tenants’ covenants.
• Giving vacant possession
• Payment of principal rent
• Some conditions (usually in older leases) can be very onerous and can include –
  o Payment of all sums due under the lease – picks up rent, service charges, insurance and any other charges (interest on any late payment of rent)
  o Compliance with other covenants – picks up all tenants’ covenants – repairing, decorating and similar obligations.

Question 1247

What are the stumbling blocks in achieving covenant compliant break clauses?

Answer 1247

• Common mistakes include:
  o Missing the deadline to serve the break notice (almost always fatal)
  o Serving the notice on the wrong person/address (almost always fatal)
  o Drafting errors in the notice (inserting the wrong date) (not necessarily fatal given recent case law)
  o Serving a break notice and then changing your mind – can be expensive as a notice cannot be unilaterally withdrawn and a landlord may take advantage of the mistake and ask for a higher rent to stay on.
  o Failing to pay rent up to the break date – a particular problem arises where the break date falls on a quarter day or part way through the quarter – courts have held that the whole quarter’s rent should be paid. Lease may define rent widely to include service charges and other sums – if so all need to be paid.
  o Failing to pay ‘all sums due’ which can pick up unusual sums such as landlord’s costs or interest on late paid rent. Can be fatal even if not demanded by the landlord. Another problem can be the landlord demanding (dubious) service charges shortly before the break.
  o Confusing a break conditional on works with terminal dilapidations and believing that a financial deal can be done after the break date. That is fatal.
  o Failing to do necessary work to the property (painting, redecs, etc). Some conditions can require very onerous work (painting 2 coats instead of 3 can be held to be fatal) Care should be taken as to whether reinstatement obligations must be complied with to secure a break. This will usually depend on the wording of the lease and advice should be sought on that.
  o Relying on non-binding, without prejudice discussions with the landlord as releasing the need to do work. Usually fatal.
  o Failure to vacate and deliver up the premises/keys by midnight on the break date – usually fatal. There is some uncertainty about what is meant by vacant possession and the extent to which it requires work (e.g. removing partitions, carpets, etc.) Advice should be obtained on this.

Question 1248

How can you ensure that you get the break date right?

Answer 1248

• Appoint a solicitor early on to advise on the conditions of the break clause and draft/issue the break notice. If work is required, appoint a BS in good time to allow them to advise on what is required and to undertake the works.

Question 1249

Define dilapidations in three words.

Answer 1249

• Breach of contract

Question 1250

What documents are required before a dilapidations inspection?

Answer 1250

• Relevant leases
• Scaled plans
• Licences to Alter
• Agreements to Lease
• Schedules of Condition
• Licenses to Assign

Question 1251

Can fees be claimed on a dilapidations claim?

Answer 1251

• As a general rule, the fee incurred by a landlord for preparing and serving a SoD cannot be recovered from the tenant unless there is an express provision in the lease or pursuant to statutory provisions (s.146 of Law of Property Act 1925)

Question 1252

Describe a Schedule of Dilapidations.

Answer 1252

• A schedule with the following column headings:
  o Item number
  o Clause
  o Breach
  o Remedy
  o Cost
• Scott Schedule allows space for landlord/tenant commentary and revised costings

Question 1253

Up to what point can you serve an interim dilapidations schedule?

Answer 1253

• Up to 3 years before the end of the term

- Terminal schedule has to be served after this

Question 1254

What remedy can be sought from claims at the end of the term?

Answer 1254

• Damages is the only remedy that can be sought at the end of the term

Question 1255

How is an assessment of loss calculated in a dilapidations claim?

Answer 1255

• Usual that the claim be assessed by the cost of the works
• Where the landlord has carried out the works, this is his loss
• If the landlord does not intend to do the works, the cost may not be a true reflection of his loss
• In extreme cases the landlord may wish to demolish the building and few/no items will remain.

Question 1256

How can you go about limiting a dilapidations claim?

Answer 1256

• Review the lease covenants to assess the tenant’s liability
• Assess costs for exaggerated items
• Determine possibility for using a S18 argument

Question 1257

Name the 5 circumstances under which a landlord has the right to enter a property under the Leasehold Property (Repairs) Act 1938.

Answer 1257

• If the works are completed now it will
  o Immediately remedy the breach and will prevent diminution of the value of the reversion or significant diminution that has already occurred.
  o Immediate remedy is required in the interests of other occupants in a multi-let building
  o The breach can be immediately remedied for a relatively small amount compared with that if the repairs are delayed
  o Remedying the breach is required to comply with bye-laws
  o Special circumstances at the discretion of the court.

Question 1258

Can you specify any case law regarding dilapidations?

Answer 1258

• Ruxley v Forsyth 1995
  o Measure of damages
  o Forsyth had commissioned a new swimming pool, but the actual depth of the pool was less than specified.
  o F sued R for the cost of building a new pool, but there was no evidence that F was going to do the works.
  o Ruled that the claim was disproportionate to the disadvantage of keeping the pool as built - £21,000 claim settled at £2,500.
• Fairclough v Berliner
  o No dilapidations costs if building is to be demolished, even if it is part of the building.
• Cunliffe v Goodman 1950
  o Landlord’s intentions
  o Judge ruled that Goodman had no intention to carry out the works, but sell the property instead.
• Jervis v Harris 1996
  o Allow landlord to enter the property to remedy defects and claim the costs of doing so back.
  o Should only be used in an emergency (on of the 5 reasons)
  o Should be used carefully, as there is a chance that the landlord could breach the lease and clause relating to quiet enjoyment.

Question 1259

What is the purpose of the PLA Protocol/CPR Dilapidations Protocol?

Answer 1259

• Intended to improve pre-action communication between landlord and tenant by establishing a timetable for the exchange of information relevant to the dilapidations dispute and by setting standards for the content of claims and correspondence and the conduct of pre-action negotiations.
• Overall aim to reduce number of dilapidations claims going to court.

Question 1260

Do surveyors have to follow the protocol?

Answer 1260

• No, it is guidance, but it is likely that in the event of a disputed dilapidations claim reaching court where the protocol has not been followed surveyors may risk having to pay both sides’ legal costs.

Question 1261

What is the Civil Procedure Rules 1998?

Answer 1261

• CPR rules provides rules and practice directions for dispute resolution
• Formed following a reform of all existing rules of civil procedures by Lord Woolfe.
• Designed to improve access to justice by making legal proceedings cheaper, quicker and easier to understand by non-lawyers
• CPR applies to all cases commenced after 26 April 1999.

Question 1262

What is the process outlined in the protocol?

Answer 1262

• Service of the schedule
• Service of claim should notmally be served within 56 days after the termination of the tenancy
• Service of the tenant’s response (56 days from service of the claim)
• Negotiations
• Stocktake
• Formal diminution valuation and quantification of the claim prior to issue of proceedings
• Court proceedings
  o The provisions of the protocol should be adopted in respect of each of the stages detailed in the above flowchart
  o The parties should consider whether ADR would assist in settling the dispute throughout the process
  o Service means issuing of the relevant document to the tenant/landlord and should be in accordance with any provisions within the lease.

Question 1263

What is an endorsement?

Answer 1263

• Protocol specified that the endorsement should confirm in the opinion of the surveyor that
  o All works set out in the schedule are reasonably required to put the premises back into the physical state required for the tenant to comply with its covenants/obligations
  o Full account has been taken of the landlord’s intentions for the property as advised by the landlord
  o The costs, if any, quoted for such works are reasonable.

Question 1264

What are consequential losses?

Answer 1264

• Where relevant the following consequential losses might be added to the SoD:
  o Loss of rent, rates and service charges
  o Professional fees in connection with the preparation of the schedule
  o Legal fees in connection with the service of the SoD
  o Administration of the work envisaged by the SoD
  o VAT
• However, the ability to claim these losses could be subject to specific lease requirements.

Question 1265

What is a quantified demand?

Answer 1265

• Should include a full statement of what the landlord says it is owed
• Consist of a costed schedule endorsed by the surveyor preparing it, details of any consequential losses and where relevant,:
  o Holding costs expected to be incurred before re-letting/sale as the case may be
  o Loss of rent until the end of any works and during the additional marketing period required as a consequence
  o Rates liability
  o Insurance, security, energy, cleaning costs not already reflected in the Schedule
  o Loss due to lack of service charge recoupment
  o Finance costs (including interest)
  o Other fees of the surveyors (including fees relating to assessment of rent and diminution in value)

Question 1266

Are all dilapidations claims subject to VAT?

Answer 1266

• No – commercial buildings are normally VAT exempt.
• Landlord can elect to pay VAT
• Where a building is VAT elected then VAT is not payable on the dilapidations claim
• Where it is not, VAT is payable on the claim.

Question 1267

What is the difference between mediation/arbitration/adjudication?

Answer 1267

• Mediation – a voluntary and non-binding procedure where a mediator assists two parties reach a negotiated settlement. The mediator is impartial and are there to help everyone fund a solution they can all agree to.
• Arbitration – Quicker than adjudication – typically 28 day process and less formal. The decision of the adjudicator is binding pending a final determination of the dispute by way of litigation or arbitration.
• Adjudication - Longer process than arbitration. Can be voluntary or mandatory. Usual that the parties in dispute accept that the decision made by the arbitrator is legally binding. The decision will be based on written evidence from both party. The decision is confidential and grounds for appeal is limited.

Question 1268

If a client asks you to act on his behalf in a dilapidations situation, what questions would you ask?

Answer 1268

• Are you the landlord or the tenant? Who is the landlord/tenant?
• At what stage of the lease is it? What is the current situation?
• Is it FRI or IRL?
• What is the size of the property
• Request copies of the lease and tenure documentation, including any plans.
• Details of how to arrange access.

Question 1269

What does Without Prejudice mean, when would you use it and would you send everything without prejudice?

Answer 1269

• WP allows negotiations to be entered into openly and potentially without the fear of anything that is said during the negotiations being used in evidence at the trial should the negotiations fail.
• Just having WP on negotiations is not sufficient for this rule to apply - 2 elements must be present – a dispute and the content of the communication must be a genuine attempt to settle the dispute.

Question 1270

What is the difference between express and implied obligations?

Answer 1270

• Express terms are terms that have been specifically agreed within the contract.
• Implied terms are terms that are not mentioned within the contract but apply to it either by statute or the courts.

Question 1271

What relationship does a SoC have to an SoD?

Answer 1271

• An SoC may be agreed between the landlord and tenant at the start of a lease.
• Usually a document with photographic evidence of the condition of the property at the outset, which can attached to the lease and limit the tenant’s repairing liability depending upon the wording of the lease.

Question 1272

Under the Party Wall Act, who is an owner?

Answer 1272

• Section 20 defines an owner as someone with more than a yearly tenancy – can be several owners of a single wall.

Question 1273

What are the duties of the building owner in a party wall case?

Answer 1273

• Notify all adjoining owners of intended work
• Not cause unncecessary inconvenience
• Must provide temporary protection for adjacent building/property where necessary
• Make good any damage caused to the adjoining owner/make payment in lieu of it if requested.
• The Act contains no enforcement procedure for failure to serve a notice, however, by starting work without having given notice, the adjoining owner may seek to stop works through a court injunction.

Question 1274

What happens when the parties are in dispute on a party wall case?

Answer 1274

o Both parties can agree on a single surveyor to resolve their differences
o Each party appoints a surveyor and the two surveyors select a third surveyor.
o All appointments need to be in writing and they cannot be changed/withdrawn at will
o An appointed surveyor can only be rescinded if the surveyor refuses/neglects to act or becomes incapable of acting
o Agreed surveyor/two surveyors settle disputes in the drafting of an award
o If they are unable to reach an agreement, they can refer any disputed matter to the third surveyor, who shall make the necessary award.

Question 1275

Who normally pays for the Party Wall works and adjoining owner’s surveyor?

Answer 1275

• Usually the building owner who initiated the work.
• If the works are for the benefit of both parties, then the adjoining owner may be asked to contribute. Also, if they decide to add to the works.
• Depends on the specific circumstances and should be agreed within the Award.

Question 1276

What advice would you give to a client whose neighbour’s tree was overhanging their garden fence?

Answer 1276

• Local Authority consent is not required for cutting down/pruning trees so far as may be necessary to abate/prevent a nuisance.
• Under common law a landowner can cut the branches from a neighbour’s trees if they overhang into their property, as they are regarded as a nuisance and may be cut at the boundary between the two properties, whether or not they are causing damage.
• Cut branches, including any fruit, remain the property of the neighbouring owner.

Question 1277

What do you have to do if an overgrown neighbour’s tree is protected?

Answer 1277

• Worth ensuring the tree is not in a conservation area or has a Tree Preservation Order before pruning
• If so, permission is required from the council before work to the tree can be undertaken
• Illegal to wilfully cut down, top, lop, or damage a tree that is protected by a TPO or in a conservation area.
• Normally the council will grant permission for works provided they are in line with good practice and do not affect the future health of the trees
• Decision can take 8 weeks from validation.

Question 1278

Who should cut, lop and prune a tree?

Answer 1278

• Engage the services of a suitably accredited tree surgeon to ensure the tree is not damaged beyond that necessary for undertaking any work.
• Like branches, roots that grown from your land onto a neighbour’s land are trespassing.
• Your neighbour can chop roots along the boundary line and does not require permission to do so.

Question 1279

What advice would you give to a client whose neighbour’s tree roots were undermining the boundary wall?

Answer 1279

• If a tree is found to be damaging neighbouring property, it is classed as a legal nuisance and the tree owner would normally be liable for associated costs of any loss/damage.
• Roots can lead to substantial damage e.g. by growing under the foundations of the house and causing them to become unsafe or by causing the soil to dry out resulting subsidence.
• In these cases, damage would be:
  o The cost of repairs
  o Reduction in value of the house if there is a loss on sale
  o Any other expenses directly arising from the trespass
  o Legal costs of the person who has suffered the damage
  o An order by the court that the owner of the tree cuts back the branches/roots or takes down the tree itself.
• Subsidence/damage caused by tree roots will involve a claim, which will generally be a nuisance rather than trespass claim if it has to go to court. Naturally a negotiated agreement with the neighbours would be preferable.

Question 1280

What is the subject of rights to light?

Answer 1280

• Usually concerns the assessment of whether the proposed obstructions are likely to interfere with a neighbour’s easement of light.

Question 1281

How can a right to light be acquired?

Answer 1281

• It may be acquired by anyone who has an uninterrupted use of something over someone else’s land for 20 years without consent openly and without threat, and without interruption for more than a year. Your right to light is protected in England and Wales under common law, adverse possession or by the Prescription Act 1832.

Question 1282

How is a right to light calculated?

Answer 1282

• 3D modelling can be used to calculate how the existing light will be affected by any proposed change in the way light enters the building.
• By working out the amount to light left, it is possible to assess how much compensation might be paid.
• Prior to this, a Waldram diagram may have been prepared to assess this.

Question 1283

What remedies may a court award for a rights to light case?

Answer 1283

• Depending on the extent of the problem, should construction go ahead, the courts are able to either award compensation, cut back the offending part of the development or a combination of the two.
• The court may issue an injunction to prevent the development altogether.
• Court unlikely to grant an injunction against a developer in cases where a small financial payment can be made as compensation.

Question 1284

How is the extent of compensation calculated for rights to light?

Answer 1284

• Damages are usually based on a share of the developer’s profit.

Question 1285

What is the Regulatory Reform (Fire Safety) Order 2005?

Answer 1285

• Provides a framework for regulating fire safety in all non-domestic premises.

Question 1286

What are the requirements of the Regulatory Reform (Fire Safety) Order 2005?

Answer 1286

• Requirement of responsible person to
  o Ensure premises reaches required standards
  o Employees are provided with adequate fire safety training
• Mandatory to carry out detailed risk assessments in commercial premises – must be undertaken by a competent person and must be recorded if there are 5+ employees.

Question 1287

What is the Fire Safety Act 2021?

Answer 1287

• Amends the Regulatory Reform Fire Safety Order 2005 and extends the provisions of the Fire Safety Officer to the following parts of a multi-occupied residential buildings
  o Building structure (external walls, common parts) and doors.
  o Responsible person defined as the person who has control of the premises.

Question 1288

What is the Building Safety Act 2022?

Answer 1288

• Fundamentally changes how we design, build and manage properties.
• Relates to certain high rise buildings over 18m or 7 storeys, care homes and hospitals
• Legal duties to keep certain new and existing high rise buildings safe during occupation.
• Such buildings must have an accountable person who is the dutyholder responsible for building safety. Should be the person responsible for repairs of the common parts.
  o Must comply with reporting requirements
  o Carry out assessments of fire and structural safety risks
  o Prepare and keep under review a resident’s engagement strategy
  o Provide residents with relevant safety information about the building
  o Take all reasonable steps to prevent a major incident occurring
• Costs can be recovered from tenants via service charges if leases are 7+ years
• Provisions for costs to remedy historic defects (max service charge contribution from tenants is £10k/£15k in greater London)

Question 1289

What is Part B of the Approved Documents?

Answer 1289

• Covers fire safety matters within and around buildings
• 2 volumes – dwellings and buildings other than dwellings
• B1 – means of warning and escape
• B2 – internal fire spread (linings)
• B3 – internal fire spread (structure)
• B4 – external fire spread
• B5 – access and facilities for the fire service

Question 1290

What are the maximum travel distances under Part B of the Approved Documents?

Answer 1290

• Small premises (2-3 storeys)
  o Ground storey single exit – 27m
  o Basement/first floor with single stairs – 18m
  o Storey with more than one stair/exit – 45m
• Industrial
  o One direction only (normal hazard) – 25m
  o One direction only (higher hazard) - 12m
  o More than one direction (normal hazard) – 45m
  o More than one direction (higher hazard) – 25m

Question 1291

What are the dangers of composite panels?

Answer 1291

• They can be a fire risk, but this would depend on what the core is made from.

Question 1292

What are the Euro ratings for composite panels?

Answer 1292

• A1 to F, but also take into account smoke propagation and flaming droplets.

Question 1293

What are the current British Standards for degree of fire resistance of the structure?

Answer 1293

• BS 476
  o Fire rating of class 1-4 (1 is the best)
  o Class 0 fire rating (indicates only surface spread of flames and not the combustibility)

Question 1294

What are the different types of combustible cores?

Answer 1294

• The main combustible cores are:
  o Expanded/extruded polystyrene (EPS/XPS) – most flammable
  o Polyurethane (PUR) – bit less flammable
  o Polyisocyanurate (PIR) – more resistance, but some not LPCB approved

Question 1295

What does LPCB approved mean?

Answer 1295

• Loss Prevention Certification Board – leading international certification body in the fields of security and fire protection
• Recognised by governments/regulatory authorities across the world
• Offers 3rd party approval confirming that products and services have met and will continue to meet these standards

Question 1296

How would you determine if composite cladding complies with legislation?

Answer 1296

• Review the O&M manuals in the first instance
• Contact key manufacturers to determine if they have installed cladding to this premises
• Undertake testing of the cladding to confirm core material used.

Question 1297

What do you consider during your inspections relating to fire safety?

Answer 1297

• On a TDD inspection of a warehouse, I checked the property for maximum travel distances.
• I reviewed the fire escape provisions, noted that a number of fire doors had been blocked by racking, inspected all fire doors to confirm that doors closers, intumescent strips/smoke seals were installed. I also reviewed all service penetrations for adequate fire stopping.
• Also review adequacy of escape routes for users with disabilities – stepped/uneven access.

Question 1298

What are the requirements for safe maximum escape routes?

Answer 1298

• In mixed use buildings a separate means of escape should be provided from any storeys or parts of storeys used for the residential, or assembly and recreation purpose groups.
• A single escape route is acceptable where a storey exit can be reached within the maximum travel distance and there are no more than 60 people (resi – no more than 30 people)
• Minimum escape routes – 60 =1; 600 = 2; 600+ = 3
• Alternative escape routes should be 45 degrees or more apart or be separated by fire resisting construction.

Question 1299

What are the requirements for running man signage and emergency lighting?

Answer 1299

• Legal duty of premises owner/manager to ensure the safety of all relevant persons entering the premises by installing appropriate fire safety signage.
  o From any given point within a building, occupants should easily be able to identify their nearest escape route.
  o Must use fire safety signs wherever there is a risk to health and safety that cannot be controlled by any other means
  o Fire signs must be of a specified type
  o Must contain a pictogram – text only signs no longer acceptable
  o Properly maintained and adequately lit
  o Must ensure that signs are understood by all employees

Question 1300

What are the requirements for compartmentalisation and fire stopping?

Answer 1300

• All party walls between buildings, walls/flooring dividing different purposes within the same building (unless purposes are ancillary to the other) must be compartmentalised.
  o Fire resistance must be continuous at the join between elements forming a compartment
  o Any openings between the two should not reduce fire resistance.
  o Lowest floor does not need to be compartment floor.
  o Stairs and service shafts connecting compartments to be protected to restrict fire between compartments
• Places of special fire hazard needs compartment.
• All floors in resi buildings must be compartmentalised
• In non-resi – all walls separating parts of the building should be compartmentalised
• Ground floor if there is a basement, plus all basement storeys except the lowest

Question 1301

What is fire compartmentation?

Answer 1301

• Prevents the immediate spread of fire which could trap occupants in a building
• Reduces chance of fires growing and creating a danger to occupants, fire and rescue services and people in the vicinity of the building
• Limits the damage to the building
• Degree of subdivision depended on use, fire load, height and the availability of a sprinkler system.

Question 1302

Why would you need to include a provision for fire stopping on specifications of refurbishment projects?

Answer 1302

• To ensure that the works undertaken have not breached a building’s compartments.
• Opportunity to ensure that all existing fire stopping has been installed sufficiently.

Question 1303

How would you fire stop service penetrations?

Answer 1303

• Every joint, imperfection of fit or opening should be adequately protected by sealing or fire stopping so that the fire resistance of the element is not impaired.
  o Fire stopping required in all voids, including above suspended ceilings
  o Also required where there are service penetrations.
  o Cavity barriers and fire stopping can both be used.

Question 1304

What is the difference between a cavity fire barrier and a fire stop?

Answer 1304

• 2 types of passive fire protection that can slow/stop the spread of flames/smoke in a fire situation
• A cavity barrier fills concealed internal gaps within walls, ceilings and other parts of a building
  o Closes a concealed space against penetration of smoke/flame or
  o Restricts the movement of smoke/flame within such a space
  o Used to form a complete seal between different areas of a building.
  o Must be fitted tightly to rigid construction, or suitably fire stopped at a junction between itself and construction to which it cannot be fitted so tightly
  o Services that run through a barrier would need to be fire stopped using appropriate materials.
• Fire stops typically fill visible gaps around openings or joints in fire resistant walls.
  o Create a seal around openings and between joints, helping to maintain the fireproofing of a wall/floor and preventing the spread of fire/smoke
  o Should have at lease the same fire resistance as the function requirement in which they are located

Question 1305

What methods are used for fire stopping?

Answer 1305

• Cement mortar
• Gypsum based plaster
• Cement based or gypsum based vermiculite/perlite mixes
• Glass fibre, crushed rock, blast furnace slag or ceramic based products
• Intumescent mastics
• Proprietary fire stopping and sealing systems
• Intumescent collars and warps
• Fire batts

Question 1306

What types of fire door are there?

Answer 1306

• FD30
• FD60
• FD90
• FD120
• Should have fire resisting glazing
• Smoke seals
• Intumescent strips
• Door closers
• Signage

Question 1307

What is a fire audit?

Answer 1307

• A review of a building’s documents and premises to determine its preparedness for and management of fire safety.

Question 1308

When do fire doors need to have smoke seals, intumescent strip and door closers?

Answer 1308

• All fire doors require this and signage to demarcate it as a fire door.

Question 1309

What are the key points within Part B of the Approved Documents?

Answer 1309

-	Escape routes
o	18m (one direction/means of escape)
45m (two directions/means of escape)
o	Must have more than one means of escape if the building is taller than 11m or 3 storeys.
o	Fire escape widths:
	150 persons – minimum 1000mm
	220 persons – minimum 1100mm

Question 1310

What is the joint fire code policy?

Answer 1310

• Fire Prevention on Construction Sites: The Joint Fire Code
• HSE ensures code is aligned with FISG 168 Fire Safety in Construction Work
• Covers all activities from design through to construction
• Generally it applies to contracts in excess of £2.5m, but can also apply to lower value high risk contracts or those that form part of the larger projects.
• Essentially covers simple precautions and safe working practices to ensure that adequate detection and prevention measures are incorporated during design and planning stages is undertaken to the highest standard of fire safety.

Question 1311

What conditions are needed for a fire to start in a building?

Answer 1311

• For combustion to occur oxygen, heat and a fuel source must all be present.
• The fire triangle
• Flames are the main manifestation of combustion

Question 1312

What is the flash point?

Answer 1312

• The temperature to which a fuel has to be heated for the gases given off to flash when ignition source is applied.

Question 1313

What is the fire point?

Answer 1313

• The temperature to which the fuel has to be heated for the vapours given off by the fuel to sustain ignition.

Question 1314

What is the ‘spontaneous ignition temperature’?

Answer 1314

• The temperature at which vapours ignite spontaneously without the application of an external flame. Once ignition has begun and the vapours ignited, flames will in turn heat the fuel and increase the rate of production of flammable vapours.

Question 1315

How might a fire start in the building?

Answer 1315

-	Five most common causes of fire in commercial buildings (National Fire Protection Association (NFPA)):
o	Cooking equipment
o	Heating equipment
o	Electrical and lighting equipment
o	Smoking materials (cigarettes)
o	Intentional fire setting

Question 1316

How do fires spread in buildings?

Answer 1316

• Fire passes through a series of stages from the moment of ignition to the time at which all combustible materials are alight.
• Critical stage occurs when the flames reach the ceiling. The radiant heat transferred back to the surface of the fuel is dramatically increased. This usually occurs when the temperature at the ceiling has reached about 550 degrees Celsius.
• The remaining combustible materials will then rapidly reach their fire points and ignite within 3-4 seconds
• This sudden transition is called a flashover. If there is inadequate ventilation during the growth period a fire may fail to flashover. It may die, or continue to smoulder. This can be extremely hazardous as a new supply of oxygen may be ‘supplied’ by a window or door being opened.
• During the stable phase that follows flashover, flaming occurs throughout the enclosed space. This is when the highest temperatures are reached.
• The fire resistance of the elements that form the enclosure will have to take account of the maximum temperatures likely to be reached as well as the length of time they are likely to be sustained.

Question 1317

How can fires be contained by the structure or layout of a building?

Answer 1317

• Fire compartments – spread can be restricted by sub-dividing buildings into a number of discrete compartments. These fire compartments are separated from one another by compartment walls and compartment floors made of fire resisting construction which hinders the spread of fire.
• Fire cavity barriers in the ceiling void
• Fire rated partitioning
• Fire rated door fittings with fire seals.

Question 1318

How is the structure of a building protected from fires?

Answer 1318

• Intumescent coatings (when exposed to temperatures of up to 250 degrees Celsius, multiple chemical components inside the intumescent coating will react. This causes the coating to increase in density, creating a fireproof layer so no oxygen can get to the steel)
• Compartmentation (fire walls, doors, and cavity barriers. Cavity barriers inhibit the spread of smoke through open spaces in roofs and between floors. These can be made from a variety of materials such as concrete, gypsum or masonry)
• Firestopping (sometimes when contractors work on a building they can inadvertently compromise the structural fire protection measures. Fire can penetrate the smallest gaps and ignite almost anything that lies in its path, so these gaps need to be filled as quickly as possible by qualified firestopping contractors – process known as firestopping).

Question 1319

What methods are available to ensure the safe escape of a building’s occupants?

Answer 1319

• Fire exits
  o Regulatory Reform (Fire Safety) Order 2005 charges the responsible person/s in control of non-domestic premises with the safety of everyone, whether employed in or visiting the building.
  o Under Article 14, this duty of care includes ensuring that routes to emergency exits and the exits themselves are kept clear at all times and that these emergency routes and exits must lead as directly as possible to a place of safety.
• Places of relative safety
  o Often necessary to devise a temporary place of safety, such as when evacuating high buildings.
  o May be defined as a place of comparative safety and includes any place that puts an effective barrier (normally 30 minutes fire resistance) between the escapee and the fire.
  o Examples are
   A storey exit into a protected stairway or lobby of a lobby approach stairway
   A door in a compartment wall or separating wall leading to an alternative exit
   A door leading directly to a protected stair or final exit via a protected corridor.
• Place of ultimate safety
  o Should be in the open air ideally, where unrestricted dispersal away from the building can be achieved.
  o Escape routes should never discharge finally into enclosed yards/areas unless the dispersal area is large enough to permit all occupants to proceed to a safe distance. (safe distance equates to at least the height of the building measured along the ground)
  o Total dispersal in the open air therefore constitutes ultimate safety.
  o When inspecting a building it is important to follow the escape route to its ultimate place of safety.
  o Final exits on these escape routes must have sufficient capacity to ensure the swift and safe evacuation of people from the building in an emergency situation.

Question 1320

What are the minimum widths of fire escape routes and exits?

Answer 1320

-	Max number of people –  Minimum width
o	60			750mm
o	110			850mm
o	220			1050mm
o	220+		5mm per person

Question 1321

What are the responsibilities of key duty holders such as occupiers and management undertaking risk assessments?

Answer 1321

• You are responsible for fire safety if you are an employer, the owner, the landlord, an occupier or anyone else with control over the premises, e.g. a facilities manager, building manager, managing agent or risk assessor.
• Known as the ‘responsible person’. If there is more than one they will have to work together to meet their responsibilities,
• Fire Safety Order also applies if you have paying guests e.g. bed and breakfast, guesthouse or let a self-catering property.
• Fire safety rules differ in Scotland and Northern Ireland.
• A responsible person’s responsibilities include:
  o Carrying out a fire risk assessment of the premises and reviewing it regularly
  o Tell staff/representatives about the risks you have identified
  o Put in place and maintain appropriate fire safety measures
  o Plan for an emergency
  o Provide staff information, fire safety instruction and training
  What is a non-domestic premises with regard to fire safety?
  o All workplaces and commercial premises
  o All premises the public have access to
  o The common areas of multi-occupied residential buildings
  Who is the responsible person regarding fire safety in a shared premises?
  o Likely there will be more than one responsible person
  o Need to coordinate your fire safety plans to make sure people on or around the premises are safe.
  o For common/shared areas the responsible person is the landlord, freeholder or managing agent.

Question 1322

What systems are available to protect buildings and occupiers from the outbreak of fires?

Answer 1322

• Fire and smoke detection (sounders and beacons)
• Fire sprinkler systems
• Inert gas suppression systems (common in server rooms and data centres)

Question 1323

Why are fire doors so important?

Answer 1323

• Because they keep fire/smoke in the room or compartment in which it started
• They stop it from spreading to other areas of the building
• Integral part of any building’s passive fire protection system

Question 1324

What do fire doors do?

Answer 1324

• Contain fire in the room in which it started
• Keep escape routes, such as corridors, clear from fire, giving occupants of the buildings longer to escape and better access for the fire service
• They protect the remainder of the building, its contents and other buildings nearby from further damage.

Question 1325

How do fire doors work?

Answer 1325

• Prevent the spread of fire for a specified time
• Constructed from materials that will withstand fire for either 30 or 60 minutes depending on the fire rating
• Fitted with intumescent strips in a groove on every edge of the door/frame.
• When a fire breaks out, the heat causes the intumescent strips to expand and fill the gap between the door and the frame. This seals the room and stops the spread of fire for a given time
• A fire door will only work if it is closed when the fire breaks out, so it should be fitted with an automatic door closer and a sign that identifies it as a fire door (on both sides).
• Gap between door and frame should be 2-4mm
• 3 sets of fire door hinges are usually recommended for each door (must be fire rated)
• All glazing should be fire resistant
• Intumescent strips and cold smoke seals should be fitted to the tops and sides of all doors to prevent the spread of fire/smoke
• A fire door retainer can be fitted to legally hold open the fire door.
• Fire door frame should be the same rating as the fire door.

Question 1326

How are fire doors made?

Answer 1326

• Usually thicker than a standard door and most have a solid core of variable material
• Critical part is that it is tested and certified to withstand at least 30 minutes of fire.
• When certified, the door and frame are tested as a set.
• When certification is approved every fire door set constructed to the same design specifications by that manufacturer will be fixed with a label that identifies the manufacturer, date of manufacture and fire rating. This label is usually found on the top edge of the door.

Question 1327

How long do fire doors last?

Answer 1327

• Usually tested to hold back fire for 30 minutes or 60 minutes
• Dependent on them being properly installed with the correct seals and fire rated hardware including fire door closers
• Condition could deteriorate over time and they should be checked regularly and ensure maintenance is attended to promptly.
• Fire door inspections can help identify non-compliant fire doors
• Can have a rating over 60 minutes but they are not required in most situations.

Question 1328

Are fire doors a legal requirement?

Answer 1328

• Yes, in all non-domestic properties
• Also required in residential flats/HMPs
• Regulatory Reform (Fire Safety) Order 2005 – a responsible person must manage their fire safety precautions. Their legal responsibilities include a duty to reduce the risk of fire spreading within the premises
• Fire doors play an important role in reducing the risk in many buildings.
• These types of buildings should have a fire risk assessment carried out, which will recommend ways to reduce/eliminate risks, including where fire doors should be used.

Question 1329

Can fire doors be painted?

Answer 1329

• They must be fitted with fire rated hinges, locks and hardware but do not need a special type of paint/varnish.
• Avoid using heat/chemical paint strippers if intumescent seals are in place and avoid painting over hinges, hardware or seals.

Question 1330

Can fire doors be left open?

Answer 1330

• Only if they are held open in a legal way, such as with a fire door retainer or a hold open free-swing door closer.
• It is dangerous to prop/wedge open fire doors
• A Dorgard fire door retainer can easily be fitted to an existing fire door and will hold it open legally until it hears the sound of your fire alarm. When the alarm sounds, it will release the fire door allowing it to close, stopping the spread of fire.
• Fire door retainers can also improve ventilation.

Question 1331

Who can fit fire doors?

Answer 1331

• They must be fitted by a competent individual and have the relevant training.

Question 1332

What fire safety measures would you expect to find in a high rise office unit?

Answer 1332

• Fire rated soffits, floors, external walls, party walls, fire barriers in walls, floors, ceilings, penetrations in cladding and window openings, and riser cupboards, fire doors. Cavity barriers around penetrations and windows.
• Riser cupboards break the compartmentation between floors and may allow fire and smoke to spread through the building. Fire rated doors and seals.

Question 1333

What does the new Building Safety Act require?

Answer 1333

• RICS members working on buildings to demonstrate higher level of competence with 3rd party oversight of any new accreditation – affects building control particularly
• New Building Regulator within HSE will have oversight of all professionals and firms, but not LAs
• Building Surveyors as designers, block managers, QS’s and PM’s also likely to be affected by these changes.

Question 1334

Why was the Building Safety Act introduced?

Answer 1334

• Following Grenfell in 2017, the government needed to step in and change legislation for higher risk buildings to prevent future tragedies. Builds on Hackitt report recommendations published in 2018.

Question 1335

What does the Building Safety Act mean for the building environment?

Answer 1335

• It will create a clear, proportionate framework for the design, construction and management of safer buildings – only applies in England and limited parts of Wales.
• It will strengthen the construction products regulatory regime with new requirements to make sure products are safe, while paving the way for a national regulator for construction products to oversee and enforce rules
• Levy on developers introduced to ensure the industry makes a contribution to the costs of correcting existing defects in buildings.

Question 1336

How will the Building Safety Act affect RICS members and firms?

Answer 1336

• Higher level of competency will be required for the regulated roles of Principal Designer and Principal Contractor for residential high rise buildings
• New Building Safety Regulator will have responsibility and oversight of the whole building control profession for all buildings. This means all building control professionals, private building control approved inspector firms, building surveyors (in respect of design), building managers, quantity surveyors and project managers.
• Interim Competence Committee has been established by HSE and they will ensure competence of all involved in the design, construction and management of buildings is improved, including resident engagement and communication.
• RICS is currently reviewing pathways and competencies framework – already made knowledge and understanding of fire safety a core requirement competency for building surveyors in 2018.
• Anticipate those working on high risk buildings will need to be accredited by a third party validation as well as a public register.
• New role of Building Safety Manager now scrapped.

Question 1337

How will the Building Safety Act affect building owners?

Answer 1337

• Building owners are required to manage safety risks with clear lines of responsibility for safety during design, construction, completion and occupation of high rise buildings.
• Focus of Act on structural safety and fire safety only.
• Requires a ‘golden thread of information’ with safety considered at every stage of a building’s lifetime from planning onwards.
• Owners will need to demonstrate that they have effective, proportionate measures in place to manage safety risks and will need to register their buildings.
• Any incidents need to be reported to the Building Safety Regulator.
• Regulatory Reform (Fire Safety) Order 2005 will be amended to ensure tougher sanctions for non-compliance – criminal charges if non-compliant.

Question 1338

How will the Building Safety Act affect building residents?

Answer 1338

• Residents in high risk buildings will have more say in the management of their building.
• They will be able to raise concerns to the owners/managers directly - if ignored can report to Building Safety Regulator.
• Defective Premises Act amended to provide 30 years limitation to claim compensation for substandard construction work (previously 6)
• Does not apply to buildings under 11m
• Cap of £10k (£15k in London) for leaseholder contributions if all other options exhausted. Building Safety Fund available for remediation
• Landlords now financially liable in law for the remediation of historical building safety defects.
• Ultimate owners can no longer hide behind shell companies – must take responsibility themselves.
• Criminal offence and up to 10 years in prison if breached.

Question 1339

What will the impact of the extension period of limitation in the Defective Premises Act 1972 have on PII?

Answer 1339

• Applies DPA to extension or refurbishment works to existing residential properties and extending the limitation periods for breaches from 6 to 30 years retrospectively of existing buildings and to 15 years prospectively for new building work.
• Hardening PII market since Grenfell and insurers concern around the building regulations alongside exposure to fire safety have resulted in the reduced availability of PII and significant increases in the premium.
• The retrospective period of limitations will not be looked on favourably by insurers who have been concerned about changes to building regulations.
• As a result the legislative change is likely to negatively impact the availability and cost of PII for RICS regulated firms in an already extremely challenging market.
• RICS intend to work with government, insurers and stakeholders to limit the impact of these measures to ensure adequate and affordable PII remains in place.

Question 1340

What is a Safety Case Report in relation to the Building Safety Act?

Answer 1340

• Document that summarises your high risk building safety case.
• Identifies major fire and structural hazards and how the risks are being managed
• Prepared by the accountable person and will be called in by the BSR every 5 years
• Issue a building assessment certificate – will not certify a building is safe.

Question 1341

Who is the accountable person in a Building Safety Act?

Answer 1341

• A new role distinguished from the responsible person under the Regulatory Reform (Fire Safety) Order 2005 for residential high rise buildings.
• Will be the organisation or person that owns or has responsibility for the building
• Could be an organisation who is responsible for maintaining the common parts of a building.
• Duty to prevent a building safety risk happening (spread of fire/structural failure) and reduce the seriousness of an incident if one happens.

Question 1342

What is the New Home Ombudsmen Scheme and how does it impact surveyors?

Answer 1342

• Independent redress scheme.
• If new build buyers unhappy with quality of home/service provided by the developer, they can submit a case to the NHOS if complaint not dealt with.
• All developers must register with NHOS and remain members of the scheme.

Question 1343

What is the RICS Code of Measurement Practice?

Answer 1343

• Purpose – to provide succinct, concise definitions to permit accurate measurement of buildings and land on a common and consistent basis
• Distinct from that relating to the Standard Method of Measurement of Building Works (SMM), commonly used in the construction industry and published by RICS.
• Defines –
  o Gross External Area (GEA) – area of building measured externally at each floor level (including external walls, mezzanines, internal balconies, pavement vaults, garages) Used for planning applications/council tac/building cost estimation
  o Gross Internal Area (GIA) – area of a building measured to the internal face of the perimeter walls at each floor (includes areas occupied by internal walls, atria, entrance halls, mezzanine floors with permanent access, lift rooms, WCs, pavement vaults, garages) Used for building cost estimation, estate agents’ valuations, property management, new homes valuation
  o Net Internal Area (NIA) – usable area within a building measured to the internal face of the perimeter wall at each floor level. (including atria, entrance halls, notional lift lobbies and notional fire corridors, kitchens, non-structural walls, pavement vaults) Used for estate agent valuation, rating, property management

Question 1344

What is the International Property Measurement Standards (IPMS)?

Answer 1344

• With so many different methods of measurement in use around the world, it makes it difficult for property users, investors, occupiers and developers to accurately compare space. (deviation can be as much as 24%)
• IPMS will ensure that property assets are measured in a consistent way, creating a transparent marketplace, greater public trust, stronger investor confidence and increased market stability.

Question 1345

What is the difference between IPMS Levels 1 (GEA), 2 (GIA) and 3 (NIA)?

Answer 1345

• IPMS 1 / GEA – whole area of a building including perimeter walls
• IPMS 2 / GIA – includes areas occupied by internal walls, service accommodation, columns, lift rooms, plant rooms, but not balconies, open fire escapes, parking, terraces, etc.
• IPMS 3 / NIA – usable area measured to the internal finish of the perimeter walls, ignoring skirtings. Excludes internal structural walls, columns, lifts, stairwells, circulation areas, services, plant rooms, etc.

Question 1346

What are the principles for measuring a building?

Answer 1346

• Areas for IPMS 1 are to be taken from drawings/on site measurements
• Areas for IPMS 2 and 3 are to be taken to the internal dominant face for external walls ignoring skirtings, heating/cooling and pipework

Question 1347

What methods do you use to measure a building?

Answer 1347

• Measure to the internal dominant face (comprising more than 50% of the first 2.75m measured vertically from floor).
• If the internal dominant face is not vertical, the measurement is to the finished surface.

Question 1348

How do you calculate costs for reports?

Answer 1348

• Utilise IPMS methods to measure the building. Where accurate scaled drawings are provided, test measurements and floor to ceiling heights are taken.
• Reference pricing books like Spons, BCIS and internal tender rates that are updated regularly.
• Where costs are for more obscure items, I would contact suppliers/manufacturers to get an accurate costings, or would liaise with colleagues to confirm if they had costed these items. For instance, on a dilapidations job in London, I needed to provide a cost for the removal of a bank vault and various ATM machines. I spoke to a colleague who had undertaken these works on a similar property and liaised with our in-house QS to determine the average costs. I also spoke to a specialist contractor to confirm a ballpark figure, and was able to provide a reasonably accurate costing. This was a high cost item, so wanted to make sure that this was not undervalued.
• On a listed building inspection, I also had to provide costings for repairs to a decorative tiled atrium and foundations. As this was not something I had any experience in costing, I informed the client that assessing this area would be beyond my experience, and it was agreed that a specialist conservationist would provide advice on the costings for these repairs. On the same property, there was also issues with a flooded basement, and I recommended that advice be sought from a structural engineer to carbonation to the concrete soffit and to the corroded steel beams.

Question 1349

What are the benefits and disadvantages of pricing books?

Answer 1349

• Can be unreliable – may use average prices and recalculated at irregular intervals
• Must be interpreted to match use
• Also use internal tendered price data – more reliable, but difficulty of keeping data up-to-date.
• BCIS has larger pool of data that is updated and can be searched against parameters.

Question 1350

What is BCIS?

Answer 1350

• Building Cost Information Service
• Provides cost and price data for the UK construction industry
• Part of the RICS
• Can search by property type, material or location
• An online tool /database from RICS that provides cost and price information.

Question 1351

What process do you follow to sketch a floorplan?

Answer 1351

• I undertake a walk around of the property to get an understanding of the scale and extent of the premises.
• Look for any fire escape plans on the walls that can aid with drawing out the floorplan.
• Request copies of any plans that they may have on site.
• Draw a basic template/sketch of the layout
• Take and input the measurements

Question 1352

What is the difference between the IPMS industrial, residential and office?

Answer 1352

• International Property Measurement Standards
• IPMS 1 (GEA) – same for all property types – all areas, walls, columns and enclosed walkways, mezzanines, balconies (excludes light wells and upper level voids of an atrium)
• Industrial
  o IPMS 2 (GIA) – total areas of each floor measured to the internal dominant face (more than 50% of lowest 2.75m or finished surface if no surface exceeds 50%) (may be reported on a component by component basis for each floor). Anything outside the external walls is excluded – loading bays don’t have to be included, but should be stated separately if measured. Limited use (low head height) areas should be included separately.
  o IPMS 3 (NIA) – net lettable floor area available to an occupier. 2 subcategories:
   3A – usable floor area from outer face of external walls including sheltered areas
   3B – usable floor area measured to the internal dominant face of external forces
• Residential
  o IPMS 2 (GIA) – areas of each floor area of a residential building measured to the internal dominant face (finished surface exceeding 50% of floor to ceiling height for wall section or to the finished surface if less than 50%), which may be reported on a component by component basis for each floor. Include all internal walls, columns, and walkways measured to their finished surface with areas stated separately. Includes all internal walls, columns, walkways between separate buildings. Skirtings not classified as part of the wall, columns ignored, window frames form part of the window, A/C units and cornices ignored. Office should be classified under different component areas (hygiene, amenities, structural, etc.)
  o IPMS 3 (NIA) – Classify limited use areas separately. Floor area available on an exclusive basis to an occupier – 3 variations:
   3A – area available on an exclusive basis measured to the outer face of the external face of the external wall or to the centreline of party walls. (GEA)
   3B – area available on an exclusive basis measured to the internal dominant face or perimeter walls including the floor area occupied by internal walls and columns.
   3C – area available on an exclusive basis measured to the internal dominant face of perimeter walls excluding the floor area occupied by internal walls and columns. (Effective floor area). Areas measured but stated separately include attics, cellars, enclosed garages, limited use areas, balconies.
• Office
  o IPMS 2 (GIA) – areas of each floor of an office building measured to the internal dominant face (inside finished surface comprising more than 50% of the floor to ceiling height or finished surface if no area exceeds 50%) reported on a component by component bases for each floor of a building. Measures internal area and categorises the use of space in an office building. Includes all internal walls, columns, walkways between separate buildings. Skirtings not classified as part of the wall, columns ignored, window frames form part of the window, A/C units and cornices ignored. Office should be classified under different component areas (hygiene, workspace, structural, etc.)
  o IPMS 3 (NIA) – floor area available on an exclusive basis to an occupier excluding common areas and calculated on an occupier-by-occupier pr floor-by-floor basis. Includes all internal walls and columns, taken to internal dominant face or centre line of common walls. Covered galleries/roof terraces measured to inner face and areas stated separately.

Question 1353

When should you use IPMS 1 (GEA)?

Answer 1353

• Planning applications

Question 1354

When should you use IPMS 2 (Office/residential)?

Answer 1354

• Method of measurement for a basis of calculating building costs and reinstatement costs

Question 1355

When should you use IPMS 3 (office/residential)?

Answer 1355

• Agency and valuation, taxation, property and facilities management

Question 1356

What is the best way to check whether a room is square?

Answer 1356

• Measure angles of strange shaped buildings via triangulation.
• Pick a point on one wall and measure to the corner. Pick a point on the second wall and measure to the corner. Measure the distance between the two points on the wall. This will give you the measurements of all three sides of the triangle.
• Take diagonal measures in a room to help with accuracy.

Question 1357

What is an acceptable tolerance for a measured survey?

Answer 1357

• +/- 1%

Question 1358

How accurate is an electronic disto?

Answer 1358

• +/- 1.5mm

Question 1359

How do you monitor works?

Answer 1359

• I undertook fortnightly site inspections to determine whether the on-site progress was as it was planned on the programme
• At the outset of the programme I requested that the contractor produce a contractor report for each progress meeting, held every 2 weeks.
• Within this report it stated the current progress and highlighted any risks in terms of programme, costs, etc. going forward.
• Compare works against the details outlined within the specification documents.

Question 1360

Why is it important to keep accurate records of works?

Answer 1360

• Creates a contemporaneous history of what happened at what point during the course of the project and can be referred to if necessary
• Establishes a paper trail through which decisions and activities can be reviewed, but allows for the reconstruction, review and analysis of events and timelines should a dispute arise.
• Legal requirements
• Contractual requirements
• To control work
• To provide data for future work
• Aids with decision making relating to extensions of time and relevant matters later.

Question 1361

What are Gantt charts?

Answer 1361

• Timeline bar chart
• Graphic representation based around 2 axis (tasks and time)
• Most widespread scheduling methods as it adapts well to both small and large projects of all types, assuming they are not too complex.
• Easy to understand
• Can include activities, budget/cost, quantity, predicted performance, duration of the activity
• Beginning and end of each horizontal bar represents the start and completion date for the task – length of bar proportional to duration
• Graphics can become confusing when changes are made

Question 1362

What methods are used for works programmes?

Answer 1362

• Critical path analysis – identify the sequence of project tasks that determine a project’s duration and outlines important deadlines you have to meet to deliver a project on time. You can easily determine if a particular task is on the critical path by calculating whether the task delays the overall duration of the project and can determine if a task is critical/non-critical.
• Gantt chart – track progress against a predetermined timeline. Impervious to modification and can be time consuming. Progress updated as the project progresses.
• PERT (Programme Evaluation Review Technique) – using a graphic to plot the tasks needed to complete a project. It uses arrows to show the tasks needed to reach an event. Not flexible enough to adapt to small changes. Generally used before the project to plan and determine length of each task. Better shows whether tasks can be completed simultaneously or in sequence. Aids with determining the critical path.

Question 1363

What are the quality clauses included within specifications?

Answer 1363

• Details of the performance requirements and methods for undertaking the work is included within the preambles, which are referenced within the schedule of works.

Question 1364

How would you monitor complex works?

Answer 1364

• Review the works programme closely to determine whether the contractor is in delay.
• Break each of the tasks down and review these against the quality requirements outlined within the specification documents.
• Take a methodical approach running through all of the items.

Question 1365

How often should progress meetings be undertaken?

Answer 1365

• This would depend on the complexity of the works and the nature of the works being undertaken, however, as a general rule, I schedule formal progress meetings on a monthly basis, with informal progress meetings bi-weekly.
• Additional inspections can then be scheduled in as needed.

Question 1366

What methods are undertaken to redecorate lining panels?

Answer 1366

• Prepare the surface by cleaning with a mild solution, apply a primer, and then spray coat 2 coats of paint, using masking tape to protect adjacent surfaces.

Question 1367

How do you value works?

Answer 1367

• I methodically inspect the works a week prior to the valuation date
• Generally the contractor will have provided their estimation of the valuation, and I review this against the actual works completed, providing explanation for any items disagreed with.
• Where costly materials have arrived on site I will include this within the valuation

Question 1368

What is a snagging inspection?

Answer 1368

• An inspection to pick up any outstanding defects that need to be rectified.
• Generally this will be undertaken at practical completion.
• If the defects are considered to be de minimus and beneficial occupation can be achieved, PC can be certified.

Question 1369

What are composite cladding panels?

Answer 1369

• Composite cladding panels are also known as ACMs (Aluminium Composite Material)
• Commonly used for cladding buildings, typically as a form of rainscreen, part of a double wall construction.
• Rainscreen prevents significant amounts of water penetrating into the wall construction
• Thermal insulation, airtightness and structural stability are provided by the second, inner part of the wall construction
• Consists of two skins of aluminium bonded to either side of a lightweight core of materials such as polystyrene, polyethylene, polyisocyanurate, or a mineral core.
• Popular due to its flatness, variety of surface finishes, light weight and formability
• During fire the panels can delaminate exposing the core materials.

Question 1370

How would you expect a contractor to repair a composite cladding panel?

Answer 1370

• Repair using a good quality body filler and overspray the panel to the nearest joint line (may be a slightly different hue/texture)
• Where the surface coating of the panel has not been broken distortions can be carefully dressed if replacement is not practicable.
• Replace the sheet/panel – can be difficult to remove panels from a façade without causing further damage and may compromise the cladding performance. Batch differences may also be noted.
• Cladding system manufacturer should be consulted and their guidelines followed.

Question 1371

How would you ensure that works met building regulations?

Answer 1371

• I would liaise with an approved inspector or local authority building control during the project and would arrange for them to inspect the property during and at the end of the project to check for compliance.
• They would produce and initial and final building control certificate.

Question 1372

How did you treat snags on a project you have worked on?

Answer 1372

• I undertook regular site inspections and noted any defects/snags as the works progressed and I encouraged my M&E colleague to do the same.
• We produced a joint site inspection schedule.
• We had to start the snagging process during the project as the scaffold was coming done, so that I could inspect the roof works and allow time for any defects to be rectified.
• I undertook specific snagging inspections during the last month of the project.
• Following handover I carried out another snagging inspection with the client to identify any outstanding items. These were documented in a photographic schedule and issued to the contractor.

Question 1373

How did you report progress to the client during a project?

Answer 1373

• I provided my client with copies of the progress meeting minutes, and kept in regular communication regarding any updates, decisions, milestones reached and queries. Where key decisions were required, for instance, in terms of replacing the windows, specific meetings were held to update the client on the latest position and upcoming activities.

Question 1374

What are the key HSE asbestos guidance documents?

Answer 1374

A0 - Asbestos essential document (HSE decision flow chart - licensed, licensed non-notifiable, unlicensed non-notifiable)
EM4 - Using a class H vacuum cleaner for asbestos
EM5 - Wetting asbestos materials
EM6 - PPE including respiratory protective equipment
A9 - Drilling holes in asbestos cement/high bonded materials
A12 - cleaning weathered AC roofing and cladding
A14 - Removing AC sheets, gutters etc and dismantling a small AC structure.

Question 1375

What are the MEES requirements for an EPC?

Answer 1375

below E/non-existent - not compliant
E-C - compliant with current legislation but poses a significant investment risk as future MEES legislation is likely to surpass the current EPC rating.
From 2023 it will be necessary to have at least an E for continuing existing lettings (unless less than 6 months or more than 99 years)
Government currently considering bringing in a minimum rating of a B by 2030 with a possible interim measure of a C by 2027.

Question 1376

What is the difference between VRF and VAV and FCU?

Answer 1376

Variable refrigerant flow/ Variable refrigerant volume (VRV - Daikin’s version)
- uses outdoor condenser and multiple indoor units paired with a heat pump or heat recovery system
- main components - compressor, condenser, expansion valve and evaporator.
- HVAC - uses refrigerant (low boiling points) - most are multi split and provide concurrent heating and cooling
Variable air flow -
- air handling unit - older system
- excellent temperature controller, uses fans and ahu to maintain airflow rates - temps kept constant, but flow of air varied
- Allow different zones to operate different temperatures from the same ventilation system
Fan Coil Unit -
- similar to VAV, but conditions the air and has a fan inside the FCU and a heating/cooling unit.

Question 1377

What are the requirements for aluminium composite material cladding?

Answer 1377

Regulation 7 of the Building Regs states that building materials that become part of the outer wall must be European Classification A2 -S1 or A1 classified in accordance with BS13501-1

Question 1378

What are the different European Classifications for material combustion?

Answer 1378

Main fire behaviour 
- A1 - non-combustible
- A2 - limited combustibility
- B-D - limited to medium combustibility
- E-F - high contribution to fire
Smoke Classification 
- S1 - little/no smoke
- S2 - quite a lot of smoke
- S3 - substantiall/heavy smoke
Flaming droplet
- D0 - no droplets
- D1 - some droplets
- D2 - quite a lot

Question 1379

What are the different types of aluminium composite panels?

Answer 1379

Polyurethane (PUR)
Polyisocyanurate (PIR)
- can be constructed to fire resistance standard, but not all are as a matter of routine
Expanded Polystyrene (EPS)
Extruded Polystyrene (XPS)
- can burn fiercely as the material shrinks back within a composite panel and forms a void from which flames can pass and spear in a n uncontrolled manner while burning droplets escape and add to fire spread.
Phenolic Foam (PF)
- poor insulation, good charring/low smoke release but poor mechanical strength
Mineral Wools
- often used where enhanced fire protection required

Question 1380

How can you identify composite cladding?

Answer 1380

• flat/micro-ribbed panels
• interlocking edges with concealed fixings
• can check O&M records
• speak to leading manufacturers
• take a core sample for testing.

Question 1381

How do you know when Practical Completion has been reached? What does this trigger?

Answer 1381

Where de-minimis items remain that do not prevent beneficial occupation.
Triggers:
- release of half of the retention and start of the rectification period
- client takes on insurance responsibility for the property
- ends the contractor’s liability for liquidated damages
- requires sign off from the LA/Approved Inspector
- Draft O&M manual

Question 1382

What is sectional completion?

Answer 1382

• pre-planned unlike partial possession
• must be expressly termed within the contract with multiple completion dates
• extent of each section must be clearly defined and liquidated damages/retention that will be released must be specified within each section.
• Clarification on how EoT requests will be applied if delays to one section affects another (cascade effect)
• Usual handover procedures, but some works within the section will remain outstanding e.g. commissioning and O&Ms that will cross all sections
• Consequences:
• half of retention is released for that section
• rectification period starts for that section
• contractor’s responsibility for liquidated damages ends for that section
• employer now responsible for any damages to the works to that section
  liquidated damages reduces proportionally.

Question 1383

What are the issues with clay hollow pot floors?

Answer 1383

• poor compaction of concrete and subsequent defects to the soffit of the ribs which contain reinforcement
• may result in voidage of the concrete in and around the reinforcement at the base of the ribs. May reduce fire resistance where the protective concrete cover may be lost and corrosion may occur in the reinforcement in damp conditions e.g. roof level.
  Structural strength of the floor construction is reduced only in the most severe cases of concrete voidage.
  If not severe, repair may only be required to improve the fire resistance and durability. Hand placed concrete repairs using a cementitious mortar may suffice, but where structural repair is required gunite concrete may be necessary.

Question 1384

What are the issues with woodwool slabs?

Answer 1384

• predominantly from softwood shavings coated and bonded with portland cement and compressed to form medium density boards
• poor compaction at the time of construction may result in a loss of grout and consequent honeycombing of the concrete around the reinforcement at the soffit of a slab or rib.
  Reduced fire resistance and corrosion durability and may, in some cases, lose strength.
  Fire resistance may be reinstated by addition of plaster or boarding, but fire resistance of woodwool itself, albeit minimal should not be ignored. Remedies for structural deficiencies to apply Gunite concrete.

Question 1385

What are the issues with high alumina cement?

Answer 1385

• failures in the mid 70s
• used for pre-cast concrete members - I beams
• rebranded as calcium alumina cement
• most assessments have concluded that there is sufficient reserve of strength even after conversion to support applied loads.
• Where there is a deficiency it may be addressed by reducing the allowable live loading or simple strengthening.
• Existing use of HAC causes few problems.
  Follow a risk based approach.

Question 1386

What type of guarantee did you receive for the roof and gutter works on your case study?

Answer 1386

• 25 year single point guarantee covering materals and workmanship
• Not insurance backed, due to the max duration of 10 years with UK insurance companies, so if manufacturer ceases trading there would be no protection. However, this is a leading manufacturer so low risk.

Question 1387

How do you apply Delcote architectural coating to a roof?

Answer 1387

• Clean the roof, remove debris and all loose coatings and corrosion ensuring the surface is fully keyed and not polished.
• Dry substrate and clean surface using a mild solution.
• Check the integrity of fixings and replace any suspect ones, tighten loose fixings
• Treat all edges/overlaps/gaps/fixings with Seamsil basecoat
• roller brush/airless spray
• seamsil basecoat must be applied at least 25mm above the edge of the roofsheet on either side of the overlap and where applicable 10mm beyond the exposed metal to ensure complete coverage.
• 220 microns thickness

Question 1388

What PII level was the contractor required to include for the contractor’s design portion in Unit 7, Woodley?

Answer 1388

I included a requirement within the preliminaries for the contractor to have £10m PII insurance for the installation of LED lighting to the unit.

Question 1389

What was the procurement and contract chosen for the project at Unit 7, Woodley?

Answer 1389

Advised against a negotiated tender, and managed a competitive tender. Selected a MW Contract with CD (arbitration applied, no fluctuations, works and existing structures insurance by employer in joint names applied, executed as a deed).

Question 1390

How did you determine how the refurbishment would impact the EPC rating at both Units 7 and 9, Woodley prior to undertaking the works?

Answer 1390

I instructed an EPC assessor to provide an indicative rating to confirm the effect of installing LED lighting. This improved the EPC from a D to a B. Unit 9 had expired but this improved from a D to a

Question 1391

What works were undertaken to Unit 7, Woodley?

Answer 1391

Clean roof/rooflights, cladding, undertake repairs to the gutters and reline, remove partitioning and racking from the warehouse, LED lighting, repair and clean WCs, repair kitchen units, new floor coverings, redecoration.

Question 1392

What works were undertaken to Unit 9, Woodley?

Answer 1392

Clean roof/rooflights, replace gaskets to windows, respray SGD, reline gutters and undertake repairs, remove blockwork workshops to warehouse, infill blockwork between 2 units, redecorate, replace floor coverings.

Question 1393

What value engineering did you do on Unit 9, Woodley?

Answer 1393

Cleaned and repaired the sanitaryware, cleaned, rather than resprayed the soffit lining panels, cleaning, rather than respraying the cladding, only replaced the worst damaged cladding panels.

Question 1394

Why did you not consider it would be necessary to opt for an Intermediate Contract to include collateral warranties for Units D2/B2?

Answer 1394

A decision on the roof was made early on in the process, so it was not deemed necessary to include a collateral warranty for the liquid applied coating option. The VRF system came with a 7 year manufacturer’s warranty

Question 1395

What measures did you recommend to the client for the ongoing maintenance of the roof?

Answer 1395

I advised that a man-safe system could be installed to the roofs to facilitate future maintenance, however, the client elected not to install this measure.

Question 1396

Can you provide an example where you considered risk in the design of the works?

Answer 1396

When considering replacing the light fittings to the stairwell, I specified that the new light fittings be wall-mounted, rather than ceiling mounted, as this would make it easier and safer for tenant’s to replace any failed bulbs, reducing the risk of falling from height.

Question 1397

What value engineering exercises did you carry out on the unit in Bracknell?

Answer 1397

I included to repair, rather than replace the sanitaryware. Localised repairs to the concrete floor slab and a deep clean, was selected, rather than the application of an epoxy resin to the floor slab. The windows will only be resprayed externally, and cleaned internally. Soffit lining panels will be cleaned, rather than redecorated.

Question 1398

What sustainability measures were considered on the Bracknell project?

Answer 1398

LED lighting is to be installed throughout, and the ageing gas boiler will be replaced.

Question 1399

What is the EPC rating for the Bracknell unit, and what does the client wish to achieve?

Answer 1399

It has currently expired, but was last measured as a C 11 years ago. I have liaised with an EPC assessor, who has indicated that it would likely be a D/E now, but would rise to a B/C if the lighting and boiler were removed.

Question 1400

What alternative options did you consider on the roof works at Chingford or Addlestone?

Answer 1400

• Full replacement of the mineral felt roof coverings
• Liquid applied coating across the roofs
• Liquids applied coating to the worst roofs, and patch repairs to the remaining roofs.

Question 1401

Why did you elect to undertake a combination of liquid applied and localised repairs to the roofs at Addlestone and Chingford?

Answer 1401

• Occupied units with regular activity, so this approach was the least disruptive and provided 15 year warranties for the liquid applied coating. It was also most cost effective.

Question 1402

How do you apply a liquid applied coating?

Answer 1402

Applied cold. The roof is cleaned, a base coat is then applied, followed by glass reinforcement matts before a second coating is applied.

Question 1403

How are roof blister repairs undertaken?

Answer 1403

Clean the surface around the blister, use a sharp knife, cut a cross in the top layer, peel back the segments and allow to dry the area beneath. Apply some bitumen adhesive to the exposed surface and fold back the segments. Cut a piece of new felt large enough to overlap the damaged area by 50mm. Apply some bitumen adhesive over the repair and beyond to suit the patch and apply it. Ensure the edges are well sealed.

Question 1404

What caused the cracking to the warehouse floor slab in the unit in Wembley?

Answer 1404

There was minor hairline cracking in a number of areas due to the previous tenant’s occupation and wear and tear. I recommended that localised epoxy resin repairs be undertaken. This is undertaken by cleaning the affected area thoroughly, and then installing the epoxy mortar. The whole floor is then shot blasted down to create a smooth surface before an epoxy resin coating is installed to the whole floor.

Question 1405

What did you recommend to the client when you located subsidence noted to the elevations of the unit in Basingstoke?

Answer 1405

I recommended that the client instruct a structural engineer to determine the necessary repairs. This was a dilapidations inspection, and the tenant ultimately renewed the lease, so I am unsure what measures were taken, and if the client instructed a structural engineer.

Question 1406

How did you come to the conclusion that the stepped cracking was subsidence at the unit in Basingstoke?

Answer 1406

I undertake desktop research and was able to confirm that the property was located in an area of clay soil. I noted the proximity of trees to the rear elevation and concluded that, based on the fact that the stepped cracking tapered at the bottom and was visible both internally and externally that it was likely to be subsidence. I also spoke to the tenant of a neighbouring unit, who indicated that they had experienced similar issues and subsidence was confirmed.

Question 1407

What are Reynolds and Dowding’s five stages of repair analysis?

Answer 1407

1. What is demised?
2. Is there disrepair and is it worse than at the commencement of the term?
3. Has the level of repair dropped below that which is required within the repairing covenant?
4. What repair would a reasonable surveyor specify to remedy the disrepair? i.e. patch repair or more long term repair - must be reasonably necessary to remedy defect.
5. Would the parties have contemplated such repairs at the commencement of the lease? Tenant does not have to return something different from what was demised.

Question 1408

If you are aware of a breach of data legislation, who would you report this to?

Answer 1408

In the first instance I would report this to the Data Protection Officer within my firm, but would then look to report this to the International Commissioner’s Office.

Question 1409

What are the recent changes to the Building Regulations?

Answer 1409

• Part L - A requirement to reduce carbon emissions in both residential (31%) and commercial properties (Future Homes Standard to reduce carbon emissions by 75% in 2025 and to zero by 2050). Max permitted u-values reduced and improved standards for replacement thermal elements (u-value for walls 0.18 and roof 0.16). Introduction of a new performance metric. Building automation/control system required for non-domestic if A/C system over 180kw (previously 290kw).
  Part O - addition of an Overheating approved document to address overheating in new homes - limiting glazing element.
  Update to Part F - ventilation - requirement to install CO2 monitors in offices where there may be a risk of airborne infection and require trickle vents on replacement windows in non-domestic properties. Increase ventilation rates in domestic.

Question 1410

If the structural engineer confirmed that the premises in Basingstoke was indeed suffering from subsidence, what would you advise?

Answer 1410

Depending on the findings provided by the structural engineer, I would allow a period of monitoring to confirm the severity of the issue. If necessary I would then recommend that the property is underpinned - traditional/mass concrete (in bays), beam and base, mini-piled and expanding resin injection (strengthening to expand and compact weak soil).

Question 1411

Why did you suspect the water ingress at Ovingdean was caused by rising damp?

Answer 1411

There were tide marks on the internal face of the external walls, and to some internal walls. The timber skirtings and architraves were warped and damaged. Salt residue and blown plaster was also evident. Externally I noted that the external pathways into the building were higher than the DPC and that a number of ventilation bricks were blocked with stone shingles.

Question 1412

Can you talk me through the process of stitching cracks to the brickwork of the hotel in London.

Answer 1412

Rake out/cut slots in the horizontal mortar beds in every third course to a minimum of 500mm either side of the crack. Clean out the slots, then inject a bead of Helibond to the back of the slot, push the helibar into the grout to obtain good coverage. Apply a further bead of Helibond to the exposed helibar, finishing 12mm from the face, and press firmly into the slot. Repoint the mortar and make good the vertical crack with a non-shrink epoxy resin.

Question 1413

How did you diagnose dry rot to a restaurant in London?

Answer 1413

I noted that there was large cuboidal cracking to the timber skirtings and floorboards, which felt brittle underfoot. I was not able to investigate the issue more extensively due to the weakened floorboards and the risk to health and safety, so I advised that further investigation be undertaken to confirm the diagnosis in the first instance.

Question 1414

How did you advise the client when you identified dry rot at a hotel in London?

Answer 1414

I referred to the BRE Digest 299.
- Advised that further intrusive investigations are undertaken to determine the extent of the issue and confirm if it is indeed dry rot.
- Recommended that the water ingress issues causing dampness are rectified, and that the property is allowed to dry out. (20-40 MC and 0-26 degrees ideal conditions)
- Remove all visible indications of dry rot
- Remove all damaged plaster to 1m beyond last infected area
- Cut back affected timbers to 500mm beyond
recognised point of infection
- Pre-treat all new timber and clean and treat retained timber with a solvent preservative and paste.
- To prevent recurrence I recommended that heating and ventilation be improved to the area.

Question 1415

What is Category 3 cracking?

Answer 1415

I referred to BRE Report 292
Category 3 cracking - 5-15mm (0 = hairline/less than 0.1mm (no action); 1 = up to 1mm (decorate); 2 = up to 5mm (fill/repair); 3 = 5-15mm (may need repointing); 4 = 15-25mm (breaking out/replacing sections); 5 = 25mm+ (may require major structural repairs))

Question 1416

You mentioned that you identified composite cladding at a property in Cheshunt. How did you know that it was indeed composite?

Answer 1416

The cladding was micro rib panels, which made me suspect that it was composite, but I could not locate any markings to confirm. I reviewed the O&M files on site, but was unable to confirm the exact composition, so contacted a leading manufacturer of cladding panels, who were able to confirm that LPCB PIR cladding had been installed. If this had not provided confirmation, core testing would have been required.

Question 1417

What fire stopping measures were installed to Units B2/D2 (Crawley)?

Answer 1417

• A 30 minute cavity barrier was installed to protect the staircase above the blockwork partitioning to the underside of the roof.
• FD30 fire doors were installed to the staircase
• 30 minute fire rated studwork partitioning was installed
  o Non-combustible collars and sealant used to fire stop. Non rigid fire barrier installed to the ancillary accommodation –30 minutes integrity
  o Fire batts to the warehouse wall and sealant – 240 minute integrity

Question 1418

How would you replace slipped and damaged slates to the Georgian roof of a property in London?

Answer 1418

Remove all damaged slates and replace these with new slates and copper nails. - (Slot in the replacement tile, marking the location of the fixing. Punch a hole in the slate and hammer the nails between the slates above. Slip a copper bib above to protect the nail.)

Question 1419

How would you apply a new screed to a warehouse floor slab (Uxbridge Unit E)?

Answer 1419

Flowcrete SF41

• prepare existing slab by shot blasting, concrete planing, diamond grinding, containing all dust/debris.
• Prime substrate with epoxy primer applied by roller or brush with a quartz aggregate. Allow to cure.
• Lay flowcrete industrial top self-smoothing screed at nominal thickness of 6mm.
• Apply by roller/brush 2 coats of epoxy resin and allow to cure.
• Diamond saw cut new screed along the line of the existing joint and installed flexible joint sealant to a neat finish.

Question 1420

How did you know that the floor screed that you specified would be suitable for the usage at Unit E, Uxbridge?

Answer 1420

I referred to the Resin Flooring Association’s guidance on the specification and application of resin flooring.
Selected type 3 - medium duty, high build floor coating - slip resistant.
• Most robust paint system – more thickness/density of product
• Good resistance to the day to day wear and tear of industry
• Suitable for light-medium traffic (warehousing)

Question 1421

What advice did you provide in relation to the penetrating damp to the basement of a pub in Greenwich?

Answer 1421

• The tenant advised that this was a recent issue, and the affected area was located in close proximity to drainage and water runs, so I recommended that the water authorities be contacted in the first instance to check whether a collapsed drain or mains water leak could be the cause. Once the cause of penetrating damp is addressed, I recommended that the basement be allowed to dry out, as no further remedial works may be necessary. Otherwise, internal mastic tanking would be recommended.

Question 1422

What did you advise on the category 2 cracking to the mortar at the pub in Greenwich?

Answer 1422

I referred to BRE Report 292. Cat 2 - up to 5mm.
As there was no cracking internally, I determined it was unlikely to be structural, so recommended that repairs be undertaken to the mortar.

Question 1423

Why did you advise your client to replace, rather than repair roofs to a property in Petworth?

Answer 1423

The EPC to the property was a D, which put it at risk of failing to meet MEES regulations within the next few years (expected to need to be a C by 2025). The improvement of the thermal efficiency to the roof insulation would help the landlord to meet these targets and reduce risk. An EPC assessor was consulted, and they indicated that the roof insulation alone would improve the rating to a C.

Question 1424

What contractor insurance requirements were included within the contract documents for B2/D2?

Answer 1424

• Public liability insurance - £5m
• No PII in contract, but requirement for £5m PII included within the preliminaries for contractor’s design element.
• Joint named insurance for the new works and existing structure.
• All risk insurance policy to cover full cost of damage to the building works and any unfixed materials.

Question 1425

Talk me through some of the key items included or excluded from the contract for B2/D2.

Answer 1425

• No fluctuations
• Executed as a deed
• Adjudicator appointed by RICS

Question 1426

What risks were identified within the PCI for Units B2/D2

Answer 1426

• Working at height
• Heras fencing to protect site from neighbouring properties
• No fall arrest system on the roof
• No permanent on-site facility to access first floor windows.
• Working with asbestos containing materials.

Question 1427

What guarantees did you achieve on Units B2/D2?

Answer 1427

Delcote Architectural Coating - 25 years (single point guarantee, not insurance backed - no cover for wind and watertightness)
Plygene Gutterline - 25 years guarnatee (single point but not insurance backed)
Zenon rooflights (25 years service life material guarantee)

Question 1428

How did you identify that the roof had been oversheeted?

Answer 1428

During my site inspection I noted that the roofline appeared to be higher than other neighbouring units. Internally, the roof sheets were obscured by soffit lining panels. However, an investigation on the planning portal and google earth confirmed that the roofs had both been oversheeted. B2 was undertaken in 2013, but D2 had been completed prior to 2001. This was confirmed by the contractors once works commenced on site.

Question 1429

How did you ascertain the age of Units B2 and D2?

Answer 1429

• The construction was typical of a 1970s build, with a suspected asbestos cement roof and cavity brickwork walls, however, I undertook some desktop research and confirmed that planning permission was obtained for the units in the 1970s.

Question 1430

What alterations were removed from Units B2 and D2?

Answer 1430

• ACMs (decontamination unit) - asbestos insulation boards, floor tiles to WCs.

Question 1431

How should asbestos containing materials be dealt with?

Answer 1431

• Double bagged (red inner, clear outer) and labelled, and securely stored on site
• Removal and disposal by a specialist licensed waste management company
• Guidance on HSE - EM9

Question 1432

How are metal profiled roofsheets replaced?

Answer 1432

The degraded sheet should be unfixed and removed, the replacement sheet slid back into place, ensuring that it overlaps with the next sheet by at least one profile, using mastic lagging tape. Stitching screws should be used on side laps at 600mm intervals. At end laps, a minimum oversheet on 250mm should be allowed where sheets lap.

Question 1433

How are GRP rooflights replaced?

Answer 1433

Unscrew surrounding fixings and pull. Apply a sealing tape around the line of fixings, then place the new GRP rooflight down with 200-300mm overlap. Pre-drill holes and fix the stainless steel drilling screw with a washer on the pre-drilled hole (300-400mm centres) and screw the panel to the structure.

Question 1434

How are the gutters relined (plygene)?

Answer 1434

Thoroughly clean out the gutter and remove all debris that may damage the thermoplastic liner.
Liner fixed along its length at 500mm intervals using specified fixings.
Preformed bespoke moulded units hot air welded to the liner, along with joints.

Question 1435

How are the gutters relined (Girosil SE)?

Answer 1435

Clean out and remove all silt and debris, and all old treatments/dirt/grease/corrosion, etc.
Key surface by scraping/wire brushing to remove mill scale and foreign matter.
Brush/roller apply a coat of Girosil SE to ensure complete coverage.
Gun apply Girosil SE to joints to form a seal, then tool.
Brush apply a coat of girosil RC-G to at east 25mm either side of the gutter joint encapsulating bolts. Embed a 75mm wide non-woven polyester fleece to the joint before the coating has dried. Re apply another coat of RC_G wet on wet until the fleece is fully coated.
Brush or roller apply a coat of girosil gutter RC-G to the gutter surface.

Question 1436

How do you repair surface dents to cladding?

Answer 1436

Use good quality body filler and overspray the panel to the nearest joint line.
If surface coating not broken distortions can be carefully dressed.
Replacement can be difficult without causing further damage to neighbouring panels. Consult manufacturer (batch differences)

Question 1437

How do you repair scratches to cladding?

Answer 1437

If not penetrated, generally best to leave it unless panel is easily removable.
If paint layer is penetrated, best to touch up the scratch using a recommended touch up paint and artist’s fine brush - check manufacturer’s guarantee to ensure it is not invalidated.
TOR coatings - ensure surface is clean and dry - remove surface contaminants, including moss, lichen etc using an anti-fungal wash - remove all loose or chalked surfaces with a scouring pad and detergent, before rinsing. Abrasion of PVFD coatings should be avoided as it may polish.
Scrape loose materials and prepare to a feathered edge and abrade to remove corrosion and provide a mechanical key. Prime all exposed metal areas and leave overnight. Brush/spray coating (1-2)

Question 1438

How do you clean cladding panels?

Answer 1438

• Low pressure water fed poles to clean the cladding from the ground height using gentle solutions that are not too alkali (can lead to surface deterioration)

Question 1439

What mortar mix would you specify for repointing brickwork to B2/D2?

Answer 1439

• Cement mortar mix of 3 parts sand to 1 part cement, with colour matching - red chester bricks by ibstock.

Question 1440

What mortar mix would you specify for an historic property?

Answer 1440

• Lime mortar mix (NHL 3.5) 1 part lime to 2.5 parts sand.

Question 1441

How do you apply Delcote Architectural Coating system?

Answer 1441

• clean roof sheets, removing all detritus and loose materials/corrosion
• Apply seamsil sealant to all edges, overlaps (in the gap between lower and upper gaps)
  Treat with Seamsil basecoat by brush to treat areas 25mm from edge of roof sheet (top and underside) or either side of overlap and 10mm beyond any corrosion.
• Fixings can be encapsulated
  Once touch dry, apply first coat of Delcote by brush, roller or airless spray.
  Once tack free (overnight recommended) a second coat can be applied.

Question 1442

Are you aware of any RICS guidance relating to Covid 19?

Answer 1442

Covid 19 guide to surveying services - contains a range of guidance notes to work safely in line with the government’s guidelines throughout the pandemic.

Question 1443

What impact has Covid 19 had on your area of surveying?

Answer 1443

• Significant material cost increases and a reduction in the availability of materials.
• Due to significant cost increases the financial viability of developments has been affected.

Question 1444

How have you helped clients with issues caused by Covid 19?

Answer 1444

• I have kept clients updated on impending price increases when made aware of this by key suppliers.
• Through early notification, contingency plans have been put in place to increase cost certainty and negate further material price increases and lack of availabilty.

Question 1445

What were the contractual implications for your projects around Covid 19 delays and shut downs?

Answer 1445

• I had no projects on site when Covid 19 hit, but 2 projects got delayed by 6 months.
• Would have triggered an EoT due to force majeure to deal with shut downs, evaluation of H&S standards on site.
• Claim for loss and expense for the extra PPE required.

Question 1446

How has Brexit affected the UK property and construction industry?

Answer 1446

• Movement of people is not restricted with free movement having ended on 31 December 2020 and from 1 January 2021 the UK has a new global immigration system.
• Employers are now required to register as sponsors in order to recruit from abroad.
• To employ someone from outside the UK, the individual must meet job, salary and language requirements.
• With the supply of labour being more restricted, this has led to labour cost increases and a reduction in the availability of labour.
• Under the UK’s new trade agreement with the EU, most traders will not have to pay tariffs when moving goods between borders but will have to meet relevant rules of origin for their products.
• Price of goods moving across the border is expected to increase due to the additional border checks and administrative work.

Question 1447

Following the Grenfell Disaster are you aware of any guidance the RICS has published to support fire safety?

Answer 1447

• I am aware that the RICS has published the Guidance Note ‘Cladding for Surveyors’ 1st ed. March 2021 to support surveyors working on multi storey and multi occupancy residential buildings.
• The document aims to improve surveyor’s knowledge of external wall cladding systems that may be considered within the External Wall Fire Review.
• Whilst document is useful and provides illustrated examples of cladding systems, I appreciate that fire safety is of great importance and ultimately falls outside of my area of expertise. If my clients ask for advice on fire safety I would always recommend that they seek advice via a professional fire risk assessment.

Question 1448

What is an ACM (aluminium composite material)?

Answer 1448

Thin, three-layer sandwich panel consisting of 2 pre-coated aluminium sheets bonded to a structural core that is often polyethylene.

Question 1449

What is a cavity barrier?

Answer 1449

• elements of fire resistant materials which are fitted within building cavities horizontally or vertically to assist in preventing the spread of fire. Typically 30 mins integrity.

Question 1450

What is the Euroclass system?

Answer 1450

Determines fire performance of any product by measuring a comprehensive set of characteristics such as ignitability, flame spread, heat release, smoke production and propensity for producing flaming droplets/particles. 7 classes from A1 (non-combustible) to F.

Question 1451

What is ACM cladding?

Answer 1451

• ACM stands for aluminium composite material
• It consists of 2 skins of lightweight aluminium bonded to either side of a lightweight core of materials such as polyethylene or a mineral core aimed to provide insulated properties.

Question 1452

What is the significance of ACM in relation to Grenfell?

Answer 1452

• ACM cladding in use was though to contain combustible materials that contributed towards the spread of fire across the external elevation of the building.
• As a result the UK government has now banned the use of combustible materials on high rise homes from 29 November 2018.
• The ban means that combustible materials are not allowed on the external walls of new buildings above 18m.
• LAs also need to undertake remediation works to replace dangerous ACM cladding on existing buildings.

Question 1453

What is an EWS1?

Answer 1453

• An External Wall System Fire Review Certificate
• Applicable when a multi-storey residential property is either being bought, sold or re-mortgaged.
• Not a building safety certificate but a re-mortgaging valuation tool.
• RICS and mortgage lenders jointly formed the EWS1 form as a way of mortgage lenders assessing the external wall safety of buildings over 18m in height.

Question 1454

What is the new Fire Safety Act 2021?

Answer 1454

• First Fire Safety Act introduced in March 2020 and holds significant legal obligations of organisations deemed to be responsible persons.
• Introduced as an update to the Fire Safety Order 2005
• Main focus is the amendment of the Fire Safety Order to clarify that it will apply to the structure and external walls as well as anything attached to external walls, such as doors, windows and cladding.
• Under the previous regime it was unclear who was responsible for fire safety compliance for these elements of the building.
• Will force owners, landlords and managing agents of multi-occupied residential buildings to take precautions to identify any dangerous cladding on those buildings and remediate any dangerous materials whilst introducing interim measures to ensure the building can be occupied safely.

Question 1455

When are the Rules of Conduct changing?

Answer 1455

• New Rules of Conduct take effect from 1 Feb 2022
• Combines previous Rules of Conduct for Members, Rules of Conduct for Firms and Global Professional and Ethical Standards.

Question 1456

Explain your understanding of Rule of Conduct number 1.

Answer 1456

• I have reviewed the example behaviours in adhering to Rule 1, RICS members and firms should not allow themselves to be influenced improperly through the acceptance of work referrals, gifts or hospitality.
• Must also be sure to identify conflicts of interest and not provide services or advice where these conflicts occur.
• Could be a scenario where you have reduced impartiality due to an existing relationship, for example, being friends with a main contractor who has subsequently been selected to submit a tender would form a conflict of interest.

Question 1457

Provide an example of an instance when you have demonstrated Rule of Conduct 1.

Answer 1457

• When taking on a new instruction I always ensure that all conflict checks are undertaken prior to accepting an instruction to ensure that there are no concerns that need to be flagged. Where conflicts do exist, this is discussed with both parties to ensure that they are fully aware of the situation, and if necessary I would decline the instruction.
• Where a contractor has invited me to a Christmas social event while they were involved in a competitive tender, I determined that it would not be appropriate to attend such an event during this period, so I politely declined the invitation.
• Where an error was noticed on a report that had already been issued to a client. Rather than hide the mistake, I contacted the client as soon as possible with a revised version of the report, apologising for the error and confirming what had been amended.

Question 1458

Explain your understanding of Rule of Conduct Number 2.

Answer 1458

• To ensure compliance members and firms must only act for clients where they have the necessary skills, knowledge and resources to carry out the work competently.
• Firms must supervise any employees/subcontractors undertaking work on their behalf (avoid using junior surveyors for complex work due to resourcing issues)

Question 1459

Provide an example of an instance when you have demonstrated Rule of Conduct 2.

Answer 1459

• I ensure that I maintain my 48 hours of CPD and keep updated on amendments and changes occurring within the profession.
• During dilapidations inspections, I often bring along apprentices or junior graduates so that they can gain experience. I ensure that I monitor their work on site and back in the office and do not allow them to complete tasks that they are not sufficiently experienced to complete. Similarly, where I do not have sufficient experience, I will either liaise with a senior colleague, or would instruct an external consultant to advise. For instance, where I noted cracking to a hotel in London, I instructed a structural engineer to provide specialist advice.

Question 1460

Explain your understanding of Rule of Conduct Number 3.

Answer 1460

• We must also be sure to understand a client’s project specific requirements before acting on their behalf.
• Client’s scope of services should be agreed along with any exclusions and timescales for achieving each of these deliverables before signing up to formal terms of engagement.

Question 1461

Provide an example of an instance when you have demonstrated Rule of Conduct 3.

Answer 1461

• For instance, on a recent instruction for 2 SoCs of office units, a 2 week turnaround was agreed with the client. We were then contacted by the client a few days after inspection to request the SoCs as soon as possible in order as the dates to agree the lease had been brought forward. I reshuffled my diary and was able to produce the reports the next day in order to accommodate the client’s needs.
• I always ensure clients are provided with full terms & conditions, details of the scope of works and any limitations and timelines to ensure that there is transparency and clarity over the works to be undertaken to reduce any future disputes.

Question 1462

Explain your understanding of Rule of Conduct Number 4.

Answer 1462

• Expects members to respect the rights of others and treat them with courtesy
• Members must ensure that everyone is treated fairly and look to eliminate any instances of discrimination on the basis of age, disability, gender, pregnancy, race, religion or sexual

Question 1463

Provide an example of an instance when you have demonstrated Rule of Conduct 4.

Answer 1463

• When I am chairing progress meetings I always ensure that all those present have the opportunity to express their opinions, ideas and concerns, and that all comments are respected, regardless of the position of each person.
• When working in a team, I will always listen to advice and work collaboratively, as I am aware that every individual’s unique experiences may provide value to the task. I am aware that unconscious bias exists, and factor this into my approach.

Question 1464

Explain your understanding of Rule of Conduct Number 5.

Answer 1464

• Members and firms are required to question practices and decisions that they suspect are not right and raise concerns with colleagues, senior management, clients or RICS.
• When making public statements we need to ensure these do not undermine public confidence in the profession.
• When receiving and processing complaints we need to ensure that these are dealt with promptly, openly and professionally.
• A useful sense check to ensure compliance is to ask ourselves if we would be comfortable in standing behind our actions if these were brought into the media or a public forum.

Question 1465

Provide an example of an instance when you have demonstrated Rule of Conduct 5.

Answer 1465

• I follow the Rules of Conduct, and ensure that my CPD is kept up to date and is submitted to RICS. The framework allows me to uphold trust in the profession.

Question 1466

What is the Levitt Report?

Answer 1466

• Commissioned by RICS following a treasury management audit in 2018
• Prior to the audit the RICS had to extend its overdraft facility by circa £3m due to inaccurate cashflow forecasting
• The treasury management audit offered a ‘no assurance verdict’ on RICS’ internal financial control procedures and following this the Levitt Report was commissioned as an independent review
• Following the report, the RICS accepted each of Levitt’s recommendations including:
  o RICS Governing Council are to have more oversight over internal dealings of the RICS
  o RICS Governing Council are to be briefed by the Management Board as opposed to a single CEO.
  o RICS Governing Council are to oversee executive management bonuses.

Question 1467

What is COP26?

Answer 1467

• COP26 is the most recent annual UN climate change conference. COP stands for Conference of the Parties and the summit was attended by the countries that signed the United Nations Framework Convention on Climate Change (UNFCCC) – a treaty that came into force in 1994.
• 2 week meeting was seen as a critical moment for commitments and action after richer nations had failed to raise the $100bn annual climate funding they had promised to vulnerable countries and the gap to staying below 1.5C loomed large.

Question 1468

What was agreed at COP26?

Answer 1468

• For the first time at a COP conference there was an explicit plan to reduce coal use, which is responsible for 40% of annual CO2 emissions.
• There was a commitment to phase down rather than phase out coal after a late intervention by India and China.
• Agreement pledged to significantly increase money to help developing countries cope with the effects of climate change and make the switch to clean energy.
• Prospect of a trillion dollars a year fund from 2025 onwards after a previous pledge for richer countries to provide £100bn/£72bn a year by 2020 was missed.

Question 1469

How does COP relate to the Paris Agreement?

Answer 1469

• At the COP21 meeting in Paris in 2015, the Paris Agreement was formed
• During the COP meeting the parties agreed to pursue efforts to prevent temperatures from rising more than 1.5c above pre-industrial levels to avoid the most dangerous impacts of global warming.
• The following COP meetings discussed how each nation is progressing against the original Paris Agreement.

Question 1470

Are you aware of any impending changes to minimum energy efficiency standards?

Answer 1470

• I understand that the government has recently proposed changes to the EPC requirements for commercial properties and buy to let properties which are due to take effect from 2025.
• Currently the minimum required energy rating for domestic rental properties is an E, however this is expected to increase to a C rating or above from 2025.

Question 1471

Please explain your understanding of Green mortgages.

Answer 1471

• A mortgage that rewards someone for buying or owning an energy efficient home by offering favourable terms than as standard
• This typically results in lower mortgage interest rates or receiving cash back when you take out the mortgage.

Question 1472

What is the Data Protection Act 2018?

Answer 1472

• Replaces previous 1998 legislation and manages how personal data is processed by organisations and the government
• It is the UK legislation for the implementation of the EU General Data Protection Regulations (GDPR)

Question 1473

What are the key principles of the Data Protection Act 2018?

Answer 1473

• The Act ensures that data is:
  o Used fairly, lawfully and transparently
  o Used in a way that is adequate, relevant and limited to only the purpose it was intended
  o Is retained for no longer than necessary
  o Processed securely including the protection against unlawful use, loss or destruction.

Question 1474

What are a person’s rights under the Data Protection Act?

Answer 1474

-	People have the right to:
o	Be informed about how their data is being used
o	Access their data
o	Have incorrect information updated
o	Have their data erased
o	Stop or restrict the processing of their data
o	Right of portability
o	Right to the use of their data

Question 1475

Who are the key persons outlined within GDPR?

Answer 1475

• Controller
  o Natural person or legal entity that determines the purposes and means of the processing of personal data e.g. when processing an employee’s personal data the employer is considered to be the controller.
• Processor
  o Natural person or legal entity that processes personal data on behalf of the controller e.g. call centre acting on behalf of its client is considered to be the processor.
• Data Protection Officer (DPO)
  o A leadership role required by EU GDPR
  o Role exists within companies that process personal data of EU citizens.
  o DPO is responsible for overseeing the data protection approach, strategy and its implementation.

Question 1476

Who would you report a breach of data protection to?

Answer 1476

International Commissioner’s Office.

Question 1477

What legislation or regulations relate to inclusive environments?

Answer 1477

• Main legislation in the UK that applies to equality, diversity and inclusion are the Equality Act 2010 and the Human Rights Act 1998.

Question 1478

Please explain your understanding of inclusion within the workplace.

Answer 1478

• Inclusion within the workplace is creating an environment and culture where all company employees feel like they belong to the organisation.
• Results in every employee being comfortable to voice their opinions and that no one person feels excluded on the basis of their identity.

Question 1479

What sustainable initiatives are you aware of that are implemented by the RICS?

Answer 1479

• SKA ratings encouraging green codes of practice for commercial properties
• RICS has launched the Value the Planet campaign and committed to forming a climate change expert panel to implement the UN’s sustainable development goals.
• RICS has launched a Responsible Business Report filled with solutions for companies to operate in a greener capacity regardless of the firm’s size. Includes introducing higher recycling rates and reducing energy, transport and water use where possible.

Question 1480

What do you implement to promote sustainability?

Answer 1480

• Print only when necessary
• Car sharing
• Use of energy efficient equipment
• Recycling
• Cycle to work/site
• Careful to minimise waste
• Avoid use of plastic bottles where possible

Question 1481

Can you explain your understanding of the term carbon neutral?

Answer 1481

• To have a balance between the carbon emitted and the carbon absorbed from the atmosphere in carbon sinks
• Important measure of the impact that businesses and projects have on the environment and global warming.
• To date no artificial carbon sinks are able to remove carbon from the atmosphere at the levels required to offset global warming.

Question 1482

What procedures does your firm implement to promote sustainability?

Answer 1482

• Electric car scheme for company cars
• Recycling of cardboard, paper and plastics
• Use of energy efficient lighting with motion sensors
• Energy efficient equipment (LED lamps, energy efficient monitors)
• Cycle to work scheme
• Reduce printing by using cloud based systems
• Charitable contributions (tree planting/environmental programmes)
• Promotes green initiatives to clients on projects

Question 1483

Name some sustainable building methods.

Answer 1483

• Use of recycled materials such as reclaimed timber, recycles tiles and plastics
• Ground Source Heat Pumps
• Air Source Heat Pumps
• Solar Panels
• Wind turbines
• Solar shading
• Rainwater harvesting
• Green roofs
• Automated Building Systems (eg lighting)

Question 1484

What regulations and codes of practice are you aware of that affect sustainability in construction?

Answer 1484

• Agricultural Land Act
• Building Act 1984
• Clean Air Act 2008
• Climate Change Act
• Energy Act
• Environmental Protection Act
• Flood and Water Management Act
• Wildlife and Countryside Act

Question 1485

Are you aware of some of the aims highlighted within the RICS business plan for 2021-22?

Answer 1485

• Aim to continue to support the profession as economies recover from Covid 19 and seek to minimise any increases in the cost of subscription levels
• Utilise any surplus cash generation to pay back furlough monies received via the UK government’s coronavirus job retention scheme
• Maintain and increase demand for RICS qualifications with a primary goal to ensure RICS qualifications remain relevant for future generations and that increased numbers of members use RICS to meet their knowledge and training needs.

Question 1486

What are the offences of the Bribery Act?

Answer 1486

• Making a bribe
• Receiving a bribe
• Bribery of a foreign public official
• Failure of a corporate entity to prevent bribery on its behalf

Question 1487

What companies does the bribery act apply to?

Answer 1487

• Legislation applies to all UK entities and includes associated persons e.g. subconsultants and external advisors.

Question 1488

What procedures can companies put in place to prevent bribery on their behalf?

Answer 1488

-	6 principles of prevention:
o	Proportionate procedures
o	Top level commitment
o	Risk assessments
o	Due diligence
o	Communication 
o	Monitoring and review

Question 1489

Under the Bribery Act, under what circumstances is a facilitation payment permitted?

Answer 1489

• The only circumstances in which it is okay to make a facilitation payment is when you are under duress
• I.E. if there is a real and present risk or danger to life, limb and liberty or if you or your companions are under immediate physical threat
• You should put safety first, make the payment and report the matter immediately.

Question 1490

What lux level did you specify for the warehouse ad offices in B2/D2?

Answer 1490

• office - 500 lux

- warehouse - 300 lux