H&S A-z Flashcards
Air conditioning
Building managers must be aware of the banned R22 refrigerant, which can no longer be repaired or topped up, though existing equipment can still be used.
Building Regulations
Some repair works require approval under Building Regulations, such as replacing fuse boxes, windows, doors, and installing bathrooms or fixed air conditioning systems.
Cracking
Cracking is common in buildings and may result from subsidence, thermal movement, or wear and tear. Surveyors should refer to BRE Digest 251 to assess different types of cracking.
Defective Premises Act 1972
Landlords responsible for repairs must ensure that anyone affected by defects is kept reasonably safe under section 4. Section 1 requires contractors to ensure new dwellings are fit for habitation.
Effective full repairing and insuring (FRI) leases
A service charge may be included in leases so tenants contribute to maintaining common and external parts of the building, which is termed effective FRI.
FRI leases
Under FRI leases, tenants are responsible for repairing the whole premises. Other leases may limit tenant responsibilities to specific parts, like internal areas (IR).
Good and substantial or tenantable repair
Repair clauses vary in leases. ‘Tenantable’ repair requires a lower standard than ‘substantial,’ which depends on the property’s use and standards of upkeep.
Health and safety
Surveyors must assess health and safety risks when repairs are needed, such as asbestos, working at heights, loose tiles, or electrical hazards. Risks must be assessed before and during site visits.
Inspection
Physical inspection is critical to identifying repair issues, advising further investigations, or recommending repairs by suitable contractors. Many issues may be missed without inspections.
Jervis v Harris clause
The Jervis v Harris clause allows landlords to enter and repair the property if tenants fail to do so, recovering costs as debt rather than damages.
(To put and) keep
Leases may require tenants to ‘put and keep’ the property in repair, obliging them to bring it to a fit state even if it was in disrepair at the start of the lease.
Litigation
Fluor Daniel Properties Ltd v Shortlands Investments confirmed tenants’ repair contributions must consider their limited benefit if the lease term is short.
Method of sale
The property’s repair condition may influence the method of sale. Auction is often used for poor-condition properties, while well-maintained ones sell better via private treaty.
Notice
A notice under section 146 of the Law of Property Act 1925 is issued when a landlord wants to commence forfeiture proceedings due to lease breaches, including repair clauses.
Option to break
Break clauses may require strict compliance with all covenants, including repair. Tenants should consult surveyors to ensure premises are in the required repair state before vacating.
Planned preventative maintenance (PPM)
PPM strategies are essential for scheduling maintenance tasks ahead of time, preventing premature deterioration and avoiding reactive maintenance.
Quantified demand
Quantified demand schedules detail a landlord’s losses due to dilapidations, including repair costs, loss of rent, and other related claims.
Rot
Surveyors must identify both wet and dry rot, understanding that wet rot requires 50% moisture while dry rot, caused by Serpula lacrymans, needs only 20-30% moisture.
Section 30, ground (a)
Under section 30 of the Landlord and Tenant Act 1954, landlords can oppose a new lease based on a breach of repairing covenant.
Terminal dilapidations schedule
Terminal dilapidations schedules are served near the lease’s end (within three years), addressing repair obligations before lease expiry.
Uneconomic repair
If a property is in such disrepair that it cannot be economically repaired, it may be exempt from business rates under the ‘uneconomic repair’ provision.
Water
Water issues like leaks, damp, condensation, and flooding are common. Surveyors must be able to identify causes and ensure proper repairs.
X-ray
X-rays or radiographic testing can investigate concrete conditions without intrusive works, detecting reinforcement locations, voids, or stressing wires.
Yield
A property’s state of repair affects its yield. Improving a poorly maintained property can add value and improve investment returns.
Zinc roofing
Zinc roofing, common in the Victorian era, is lighter than lead but less durable. Over time, it becomes brittle and prone to joint failure.
ACMs
Aluminium composite materials (ACMs) are used in cladding but often contain flammable polyethylene cores. Surveyors need to identify ACMs and understand their effect on valuation, referencing current RICS guidance notes.
Building Safety Bill
Following the Grenfell Tower fire, the Building Safety Bill aims to strengthen building safety regulations, including creating a Building Safety Regulator and a framework for high-risk buildings. It is still progressing through Parliament.
Compartmentation
Compartmentation divides a building into fire-resistant sections to control fire spread. Surveyors must identify breaches and understand both active and passive fire protection methods.
Damp
Damp can affect a building’s structural integrity, promoting rot and fire spread. Surveyors should know how to diagnose damp using BRE Expert Collection 7 on Condensation and Dampness.
EWS1
An EWS1 form confirms a building’s external wall system (cladding, insulation, fire-breaks) has been assessed for safety by a competent person. RICS guidance notes specify when EWS1 forms are required.