Inspection 1 Flashcards
Explain a key issue raised by RICS Surveying Safely.
It provides an overview of best practice for surveyors, including corporate and personal responsibilities relating to health & safety.
The ‘safe person’ concept. This is when ‘each individual assumes individual behavioural responsibility for their own, their colleagues’ and others’ health and safety while at work’.
RICS Regulated Firms must ensure they provide:
Safe working environment
Safe work equipment
Safe systems of work
Competent staff
How do you ensure you make appropriate access arrangements for inspections?
Access arrangements - this will depend on whether the property is held freehold/leasehold and whether it is occupied or not. In the case of a tenanted property, check the lease carefully for what it says about access arrangements and giving appropriate notice, e.g. 24-48 hours in most cases.
Due Diligence- do as much as you can before you attend site, it will help you to prepare for what you may find and may avoid the necessity to revisit at a later date.
Health & Safety- Think about risk assessment, Personal Protective Equipment (PPE) and dynamically assessing risk on site.
What things would you check before attending site for an inspection?
Health and safety
Access Arrangements
Due Diligence
Tell me about how you collect, store and retrieve information for different purposes when carrying out property inspections.
Desktop Research:
EPC
Land Registry
Rightmove
Coal Mining
Radon
Pollution
Listed Property and conservation areas
Onsite:
Measurements - IPMS2 residential
Photos
Site notes
Site plan with notes
Defects and building pathology notes.
Stored via mobile app which is downloaded to online software and store via cloud based system.
Briefly explain the construction of a recent building you have inspected.
Cloisters Way
Semi-detached bungalow with 275mm cavity brick wall with cement mortar joints and dual pitched interlocking concrete tiles.
What is the size of a brick?
65x102.5x215
How do you take good inspection notes when on site?
Take neat and legible site notes and site plans for when you are back in the office or if someone else needs to read your file.
Adequate and clear photographs to back up findings.
Measurements.
Tell me about how you would ensure safe working at height / on a site with working machinery.
Avoid working at heights if possible by using camera pole or looking out of windows onto roofs or gutters.
Use 3.2m telescopic Ladder with safety latches and safely anchored and extended when looking at low pitched roofs or entering roof voids.
The ladder is checked before and after each use to ensure that it is safe to use.
I am provided with adequate training annually on working at heights.
What building characteristics do you look for when inspecting a property?
- building age and associated typical architectural characteristics or construction details.
- construction types, such as foundations, solid or cavity walls
- Materials used in construction
- Invasive plants
- Defects
Tell me about the basic construction of a building you have recently inspected.
Cloisters Way
Semi-detached bungalow with 275mm cavity brick wall with cement mortar joints and dual pitched interlocking concrete tiles.
What is an easement?
An easement is a right benefiting a piece of land (known as the dominant tenement) that is enjoyed over land owned by a third party, often the neighbouring land (known as the servient tenement).
How would you find out about the existence of an easement?
HMLR Land Register and information from Solicitor
How can you tell if a wall is of solid or cavity construction?
Measure the wall thickness around doors and windows. Cavity walls are generally 275mm thick.
Look at the brick bond to see if there are header and stretcher bonds. Indicating a solid brick wall.
What is a hidden valley gutter?
When two pitched roofs meet at an angle, they also form a pitched valley gutter: the join is sealed with valley flashing.
What problems can arise because of one?
prone to flooding.
Where does surface water drain into?
Surface water drainage occurs when rainwater falls on a property and drains away. Most rainwater falling on properties drains into public sewers.
How does this compare to foul water?
For all properties connected to mains drainage, foul sewers will eventually transfer the contents of the drainage system to a local sewage treatment plant.
What is a deleterious/hazardous material?
Materials that:
are harmful to health
are harmful to safety
are harmful to the environment
are not suitable for their intended purpose or
pose a risk where they have been used.
Give an example of each.
Asbestos.
What do dry and wet rot look like?
Wet Rot has a white or brown fungus. and is found to particular wet areas of timber. The wood is more often than not going to feel soft and spongy.
Dry Rot- When exposed to light the fungus appears to have a lemon almost yellowish tinge look to it. The affected wood will be brown in colour and will crumble due to a lack of structural integrity
What is rising damp?
It occurs when moisture from the ground travels up through the walls and floors by capillary action.
What is Japanese Knotweed?
Japanese Knotweed is an invasive and resilient weed that requires special measures to control it, prevent it from spreading or remove it for good.
How would you identify it?
Japanese Knotweed is a hardy deciduous perennial plant, which is a bit like bamboo. It grows extremely quickly (up to over 2m during the Spring and Summer months) and can spread underground through rhizomes or shoots.
Why is it a problem?
Japanese knotweed can grow very quickly, and because of this rapacious growth, it has been known to cause damage to building structures and substructures by targeting weak points, such as cracks in masonry, and attempting to grow through them.
What does the RICS say about Japanese Knotweed?
If Japanese Knotweed is identified on inspection, the surveyor must be able to advise the client on the issue and risk, appropriate to the level of inspection that they have agreed with the client.
When was the latest RICS guidance relating to Japanese Knotweed published?
RICS Guidance Note Japanese Knotweed and Residential Property 1st Edition 2022
What are the key principles mentioned in this Guidance Note?
Japanese knotweed Management Category assessment.
3m rule.
What does the law say about Japanese Knotweed?
Surveyors cannot simply exclude liability associated with Japanese Knotweed in their Terms of Engagement, under the Consumer Rights Act 2015. Therefore, surveyors must be aware of how to deal with Japanese Knotweed when inspecting and reporting.
What are your duties in relation to Japanese Knotweed?
The surveyor must be able to advise the client on the issue and risk, appropriate to the level of inspection that they have agreed with the client.
How can you treat Japanese Knotweed?
Japanese Knotweed Treatment Plan
What is the worst case scenario for Japanese Knotweed damage?
In the worst case scenario, a property can be blighted for some time by the stigma of being associated with Japanese Knotweed.
How can Japanese Knotweed impact upon value in your experience?
- Impact on the market prior to remediation
- Restrictions on use
- Impact during remediation
- Impact of infestation present on adjacent land
- Post-remediation impact on saleability
What precedent was set in the Downing v Henderson and Davies v Bridgend CBC cases?
That encroachment of Japanese knotweed onto neighbouring land can amount to a nuisance and, for the first time, acknowledged the right to claim damages for the resulting reduction in land value, even after knotweed has been treated.
Can you tell me about any RICS guidance on contamination or environmental risk?
RICS Guidance Note Environmental risks and global real estate (1st Edition, November 2018).
What is the general principle relating to contamination?
any land which appears to the local authority in whose area it is situated to be in such a condition, by reason of substances in, on or under the land that:
- Significant harm is being caused, or there is a significant possibility of such harm being caused; or,
- Significant pollution of controlled waters is being caused, or there is a significant possibility of such pollution being caused’
What signs would indicate that a site is contaminated?
- Previous land uses, e.g. petrol filling station, factory, mine, steel mill, refinery, landfill - check historic maps to assess the risk
- Leaks and spills from tanks and pipes
- Contaminated surface runoff and flooding
- Disposal of waste materials
- Demolition of buildings containing contaminated material, e.g. Asbestos
- Landfill on a site
- Bare ground
- Underground tanks
What do you understand by Government guidance, Land Contamination:
Risk Management (LCRM)?
It explains the process involved identifying, making decisions on, and taking appropriate action to deal with land contamination in a way that is consistent with government policies and legislation within the UK.
Who published the LCRM?
Environment Agency
What is an Environmental Impact Assessment?
Its a tool used to assess the significant effects of a project or development proposal on the environment.
Why and when would you need one?
EIA is always required by developments covered by Schedule 1 to the 2011 EIA Regulations.
It is required for those activities that are likely to have a significant impact on the environment.
What is radon?
Radon is a colourless, odourless radioactive gas
Where is radon typically found?
Radon is everywhere; formed from the uranium in all rocks and soils.
How can you reduce radon risk?
Radon sump
Positive Ventilation
Natural Underfloor ventilation
Active under floor ventilation
Tell me about what an inherent/latent defect is.
a latent – sometimes called inherent (or even hidden) – defect is a problem with a new-build property that is not known to either buyer/renter or seller at the point of sale.
The defect is literally hidden and may not become apparent as part of a reasonable inspection or survey.
The defect might not even become apparent until many years later.
Why are building warranties important?
A home warranty is a reassurance for the buyer whereas it provides the seller with the needed measure of protection against any serious construction defects that may arise after the sales have been completed.
Tell me about your understanding of structural movement.
All buildings will experience movement; however, where this is substantial it will lead to a range of building defects, usually in the form of cracking.
Causes of movement include subsidence, settlement and heave, among others. Surveyors need to be able to use BRE Digest 251 to diagnose cracking, including the category of crack and proposed remedial action.
What is subsidence/heave?
Subsidence is the downward movement of the foundations of a building due to changes in the supporting strata.
The upward movement of the ground usually associated with the swelling of clay soils that expand when wet.
Tell me about any risks relating to air conditioning.
Legionella
Explain the potential implications of the Hart v Large case.
This led to a successful negligence claim against the surveyor.
The case is a reminder of the importance of diligently diagnosing defects within the scope of the survey instructed, or at least highlighting where inspection and analysis have been limited.
Explain your understanding of the inspection principles established in McGlinn v Waltham Contractors.
(a) The frequency and duration of inspections should be tailored to the nature of the works going on at the site from time to time.
(b) Depending on the importance of the particular element or stage of the works, the inspecting professional can instruct the contractor not to cover up the relevant elements of the work until they have been inspected.
(c) The mere fact that defective work is carried out and covered up between inspections will not automatically amount to a defence to an alleged failure on the part of the Architect to carry out proper inspections.
(d) If the element of the work is important because it is going to be repeated throughout one significant part of the building, then the inspecting professional should ensure that he or she has seen that element of the work in the early course of construction/assembly so as to form a view as to the contractor’s ability to carry out that particular task.
(e) Reasonable examination of the works does not require the inspector to go into every matter in detail.
(f) The Architect does not guarantee that their inspection will reveal or prevent all defective work. It is not appropriate to judge an Architect’s performance by the result achieved.
Tell me about social issues relating to residential property (and inspection).
Housing Health and Safety Rating System
Local authorities have duties and powers to take action to deal with properties that have certain hazards. These hazards are set out in the HHSRS. In some cases, lack of repair and other things in your home could amount to a hazard.
Any inspections will be carried out by a EHO.
Tell me about housing policy and law relating to maintenance and repair.
Section 11 of the Landlord and Tenant Act 1985 implies an absolute and non-excludable obligation upon landlords to carry out basic repairs.
What does Section 11 of the LTA 1985 say about repairs?
Section 11 of the Landlord and Tenant Act 1985 implies an absolute and non-excludable obligation upon landlords to carry out basic repairs.
What does the Defective Premises Act 1972 say about duties of care?
Under section 1 of the Defective Premises Act 1972, people carrying out work in connection with the provision of a new dwelling owe a duty to do the work in a workmanlike, professional manner, with proper materials, so that the dwelling is fit for habitation.
How could a conservation area/historic centre designation impact upon your inspection and advice?
Impacts permitted development rights
Planning permission requirements
Can impact any modifications or alterations
Properties in a conservation area need to be maintained and often require sensitive approach to repairs and maintenance.
How would you identify general environmental issues and how would this
impact upon your advice?
Noise pollution may affect the quite enjoyment of the property.
Emissions would have an impact on health
Electric substations can have an impact on health.
What is the mundic problem?
This is the degradation of concrete blocks mainly in the south east of England due to poor material usage.
It outlines a rationale for the classification of samples to help lenders distinguish between those properties accepted as mortgageable and those that are not.
What does the RICS guidance say about mundic?
It relates to the whole of Cornwall and the area of Devon within a 15km radius of the centre of the Tavistock Gunnislake mineralised district
Does RICS provide any guidance in relation to flooding (relating to residential property)?
The Mundic Problem, 3rd Edition
Tell me about the insurability of property at risk of flooding.
If you live in a high-risk flood area, or your home has flooded in the past, the quotes you’re offered by some insurance firms may exclude flood cover - or add a high excess.
What types of flooding exist?
River flooding
Coastal flooding
Surface water flooding
Groundwater flooding
Sewer flooding
Reservoir flooding
What is the Flood Re scheme and the Water Act 2014?
This manages the increased costs for both insurance companies and most of their domestic customers.
What property is covered by Flood Re?
While owners of properties at risk are still likely to pay more, Flood Re helps to limit levels of premiums and excesses.
How do you assess flood risk in relation to valuation/survey instructions?
Valuation: if flooding or flood risk is a known issue in the area, the valuer should be aware of this and will need to make appropriate comments on mortgageability and value.
Survey: the surveyor should ask the owner/occupier whether they have any guarantees/warranties for any flood protection measures installed and should record the most relevant details. The surveyor should instruct the client to ask their legal adviser to do this.
How has this impacted upon your advice / valuation practice?
Can the Property obtain Building insurance which is a requirement for all properties.
What is the process of a mortgage valuation being processed by a lender from start to finish?
Mortgage in Principle
Mortgage application
Valuation and Survey
Mortgage offer
Exchange Of Contracts
Completion
What is a retention on a mortgage valuation?
Mortgage retention is a situation where a lender decides not to release the mortgage funds in full to the borrower straight away. They retain a certain amount of the capital until they are satisfied that certain works have been completed
When might one be applied and why?
If works have not been completed.
When and why might a mortgage be declined?
These are some of the common reasons for being refused a mortgage: You’ve missed or made late payments recently.
You’ve had a default or a CCJ in the past six years.
What is the difference between a lender’s valuation and a survey?
A house survey provides an account of the property’s condition and benefits the home buyer whereas a mortgage valuation only provides an estimate of the property’s value and benefits the mortgage lenders
What additional responsibilities in relation to repair and inspection relate to HMOs?
Relevant legislation
HHSRS
Fire Safety
Licensing
Rooms Sizes
What is a flying freehold?
an instance when a freehold property is built over land which does not form part of the property, one of which overhangs or projects out from underneath the other property.
Does the term flying freehold apply to leasehold property?
No
What are the issues associated with flying freeholds?
Common problems associated with flying freeholds are problems with repairs, access and enforcing covenants.
What legal rights do you need if you own a flying freehold?
Right To access
How are repair issues most effectively dealt with in relation to a flying freehold?
The Access to neighbouring land act 1992 would allow access to carry out repairs but not for redevelopment.
Can you enter your neighbour’s property and recover the cost of works from them?
There is an obligation for each freeholder to maintain their properties and boundaries however it can be difficult to recoup costs from neighbours without prior consent.
What does the Access to Neighbouring Land Act 1992 say?
A law that enables persons to have access to neighbouring land in order to carry out work necessary for the preservation of their own land or other similar purposes.
How do lenders view flying freeholds from your experience?
Some lenders have a policy of not lending on any property where this feature exists whilst others choose to do so on a case-by case basis.
Some companies will lend if the flying freehold does not exceed a set limit, often 15% of the total floor area of the building.
How can you mitigate the risk associated with a flying freehold?
Lenders will want confirmation that the property has adequate rights of support and entry to carry out repairs and may require the property owner to take out a title indemnity policy as protection against loss of failure to carry out repairs.
How do you use IT systems to record accurate site inspection notes?
Typed site note, Site plan and annotations.
Measurements, Photos.
