Case Studies
We’ve pulled together a selection of our projects to show you the types of work we have undertaken. Here you can see examples of building surveys, project management, disabled access audits, schedules of condition and party wall work.
Success at the First Tier Property Tribunal (FTPT) – South East London
As chartered building surveyors, we often get involved with managing agents and block management companies in specifying, tendering and overseeing building and maintenance works. In this case we operated as Expert Witnesses in South East London.
The First Tier Property Tribunal (FTPT) exists to settle leasehold disputes between landlords and residential leaseholders. Commonly these disputes are about service charges being levied unfairly, maintenance works being carried out to a poor standard (or not at all) and management charges. More information about the FTPT can be found at the direct.gov website or at the incredibly useful Leasehold Advisory Service.
As chartered building surveyors, we often get involved with managing agents and block management companies in specifying, tendering and overseeing building and maintenance works. The process is very prescriptive and any error in consultation (often referred to as Section 20 procedure) or process can result in the lessees seeking adjudication at the FTPT as to the correctness of service charges levied.
It is a risky business for freeholders to get their procedures wrong as any error can result in service charges being levied at a maximum of £250 per unit. In other words, if there are major works to a block of 5 flats costing say £10,000.00 and procedures are not administered correctly the freeholder may only be able to recover £1,250.00 the shortfall being found by them. This applies equally to self-managed blocks where the lessees also own the freehold so take care!
Perhaps unsurprisingly Collier Stevens are occasionally required by our freehold clients to attend at the FTPT and give expert evidence about the works that have been carried out, why they were necessary, tender procedure etc. It is fair to say that for every allegedly errant freeholder there is a lessee who ‘tries it on’ so these hearings are more frequent than may be imagined.
Less frequently we are asked to act on behalf of leaseholders, prepare expert reports and attend at the FTPT to give evidence on their behalf.
Collier Stevens acted on behalf of a group of leaseholders living in a block of flats in Lewisham, south east London. Their local authority freeholder had served a section 20 notice of intention to do major works and the lessees felt that some of these were unnecessary – particularly the replacement of the roof covering.
At an early stage we were asked to inspect and it was clear that the roof covering was in good order and had, in fact been replaced relatively recently. As an additional issue (which we did not give evidence on) it was proposed to replace the common parts electrical installation which again had only been carried out recently. Despite corresponding with the managing agents we and the lessees were ignored.
The works formed part of a borough wide programme to update local authority buildings to meet the “decent homes” standard applicable at the time and on that basis the freeholders felt they had a right to brush aside any lessees observations and get on with the works. They proceeded to undertake their works and these with the other works resulted in each lessee getting a service charge demand for approximately £10,000.
The leaseholders pursued the service charges to the (at the time Leasehold Valuation Tribunal) and we were asked to attend and give evidence. We are pleased to note that the tribunal preferred the evidence we gave (I was described by them as “a credible and helpful witness”) to that of the freeholder (“a less than credible witness”).
The freeholders’ surveyors were unable to evidence their inspections and reports and were unable to provide any evidence that the roof had failed or was leaking. A similar decision was found in respect of the electrical installations and some other more minor works with the outcome being a reduction in the service charge payable of nearly £6,000.00 per lessee.
The lessons here are clear, if you are a lessee and dispute the need for works get an early report – ideally before works start and within the statutory consultation periods. If you are a freeholder do not expect to ride roughshod over lessees with a valid case and finally if you are a lessee faced with excess service charges to not be put of challenging these at the First Tier Property Tribunal (FTPT) if you feel you have a reasonable case. (If you are chancing your arm with what might be a vexatious case, the FTPT are not stupid and will see straight through it, so take care!)
Can we help you with your service charge difficulties – if we can or you need some brief advice give us a call on our usual number – 020 8295 1200
(Originally published by Steven Way, 7 October 2011)
Replacing paths in Hythe to improve disabled access
Chartered Surveyors, Collier Stevens, were appointed by Hythe Town Council to design and oversee the reinstatement of footpaths to the Oaklands public open space in Hythe, Kent.
Chartered Surveyors, Collier Stevens, were appointed by Hythe Town Council to design and oversee the reinstatement of footpaths to the Oaklands public open space in Hythe, Kent.
The existing paths were laid in the mid-1970s and were constructed of broken paving slabs which had become misaligned with numerous trip hazards from lifted slabs. This made it difficult for people with walking difficulties or visual impairment, and near impossible for wheelchair users.
Unfortunately, the open space incorporated a sensory garden which was designed with raised beds specifically to benefit wheelchair users. Access to this area (which was also paved in broken slabs) was by a steep ramp with double gradients.
The paths and ramps did not meet best practice for Equality Act compliance and accessibility for all needed to be improved.
How we improved accessibility
- Designed replacement paths finished in a smooth red asphalt with a contrasting kerb.
- Arranged for the ramp into the sensory garden to be re-graded and to fall one way only – we couldn’t quite get the ramp down to 1:15 because the existing site environment precluded this.
- Widened the main path to 1800mm as recommended by BS8300 and added passing places for wheelchair users to the narrower path.
- Repositioned bins and benches to improve accessibility and added wheelchair standings adjacent to benches.
We were unable to remove the bollard to the main path as this is necessary to protect the route from unauthorised vehicle access.
The improvements offered benefits to all users of the park whatever their ability.
What BS 8300 says about access routes
It is important to restrict the number of barriers, restrictions or other hazards that disabled people encounter on their approach to and from a building and within the built environment. Low-level bollards and chain- linked posts, for example, are particularly hazardous to blind and partially sighted people.
For disabled people who need a generous amount of space when moving about, the provision of narrow approaches creates difficulties. Uneven surfaces, surfaces of loose materials (for example, unbonded gravel) and large gaps between paving materials cause problems for wheelchair users, blind and partially sighted people and people who are, generally, unsteady on their feet.
Street furniture, flower tubs, litter bins and signposts are all intended to improve the environment but, whether free-standing or projecting from a building, they are hazardous if not carefully designed and positioned.
For blind and partially sighted people, the presence of warnings that can be detected during the sweep of a cane, the absence of projections and overhangs, and good visual contrast with the background, will reduce the risk of colliding with items located along the access route.
(The information in this case study is for guidance only. There is no substitute for advice specific to your situation. If this is an old post, the law may have changed since it was written.)
Residential Disability Alterations in Kent
Design and specification for the conversion of an existing outbuilding into a ground floor, wheelchair accessible bathroom in Kent.
Conversion of outbuilding into wheelchair accessible bathroom – Kent
We were asked by a client in Kent to provide the design and specification for the conversion of an existing outbuilding into a ground floor, wheelchair accessible bathroom, including associated alterations comprising door widening, external ramps etc. Our work included a measured survey, design drawings and specification.
Party Wall Matters – Basement Construction in London
We acted as Building Owner’s surveyor for the construction of a basement to a terraced house in London which had two Adjoining Owners.
Building Owner’s Surveyor – Basement Construction, London
Collier Stevens were retained to act as Building Owner’s surveyor for the construction of a basement to a terraced house in London which had two Adjoining Owners. A fairly standard scheme of excavation, temporary support and underpinning to both party walls was required.
Residential Disability Alterations in Bromley, London
Design and project management for the installation of a wheelchair lift and associated alterations in a semi detached house in Bromley, London
Installation of wheelchair lift – Bromley, London
We were retained to design and manage the installation of a wheelchair lift in a three bed semi in Bromley. This included all necessary structural design, building regulation approval and project management. Associated alterations included widening of door openings, extension to accommodate an accessible WC and external ramps to facilitate wheelchair access.
Expert Witness Report – Single Defect in London
Collier Stevens were asked to attend site, inspect the property and prepare a CPR35 compliant Expert Witness Report for the worst case of damp and condensation we have seen.
Expert Witness Report – Dampness & Condensation in London
On behalf of tenants legal advisers we were asked to attend site, inspect the property and prepare a CPR35 compliant Expert Witness Report to assist in identifying housing disrepair liability for dampness and some of the worst condensation damage we have seen in our career.
Schedule of Condition for Coastal Properties in Suffolk
A detailed schedule and record of the condition of three buildings were required prior to the construction of major sea defences.
Collier Stevens completed a detailed schedule of condition of three buildings, including a Martello Tower in an exposed location on the Suffolk coast. Major sea defences were to be constructed and Schedules were necessary to record the building condition before works started.
Project Services Residential Repair in Knightsbridge, London
This was a comprehensive programme of external repair and redecoration to two high value residential apartment blocks in Knightsbridge, London.
External Repair and refurbishment – Knightsbridge
This was a comprehensive programme of repair and redecoration to two high value residential apartment blocks in central London. This included inspection, specification, tendering and project management. Particular challenges were the negotiation of scaffold licences with neighbouring occupiers and complicated access over an operating restaurant to allow access to the rear elevation.
Party Wall Matters – Loft Conversion in South London
Collier Stevens were commissioned by the building owners to act as party wall surveyor for a loft conversion and rear outrigger extension in South London.
Building Owner’s Surveyor – Loft Conversion (London)
Collier Stevens were the Building Owner’s Surveyor, for a loft conversion and rear outrigger extension in South London. Notifiable work included raising the party wall, internal alterations and structural steels being place in the party wall.
ISVA Homebuyer Survey – Victorian Flat Conversion in Kent
Collier Stevens was asked to undertake an ISVA Level 2 Building Survey for a buy-to-let purchaser of a Victorian ground floor conversion flat in Kent.
Ground Floor Victorian Conversion Flat in Kent
Collier Stevens were asked to undertake an ISVA (Independent Surveyors & Valuers Association) level 2 survey of a ground floor conversion flat in a Victorian house. Our client was particularly interested in the suitability of the property for use as a buy-to-let investment. Our survey revealed extensive dampness and condensation as well as issues relating to sound separation and fire separation. They decided not to proceed with this acquisition.
Expert Witness Report – Single Defect in Kent
Collier Stevens were asked to inspect a bungalow and determine the cause of fracturing to outer walls. The tree had something to do with it…
Defect Assessment – Structural Movement, Kent
On behalf of a Housing Association in Kent we were asked to inspect a bungalow and determine the cause of fracturing to outer walls. We were able to identify the cause as subsidence caused by the roots of adjacent trees.
Party Wall Matters – Rear and Side Extension in London
We were commissioned to act as Building Owner’s Surveyor in London for construction of a side and rear extension to the boundary line.
Building Owner’s Surveyor – Rear & Side Extension in London
Collier Stevens were the Building Owner’s Surveyor – our client was constructing a single storey rear extension to his detached thirties house in London. Notices were required for building on the boundary line and adjacent excavation for foundations and to reduce ground levels.
Party Wall Matters – Building Work in Kent
We acted as Building Owner’s Surveyor, for a complicated scheme of demolition and reconstruction of a neighbouring property.
Building Owner’s Surveyor – Complex Adjacent Building Work in Kent
Collier Stevens were the Building Owner’s Surveyor, for a complicated scheme of demolition and reconstruction of a neighbouring property requiring temporary works and the introduction of a substantial structural steel frame and columns immediately adjacent to a neighbouring property.
Party Wall Matters – Residential Redevelopment in London
This project demonstrates our role in resolving a party wall dispute where significant structural damage was caused to a neighbouring property because of an error in construction.
Building Owner’s Surveyor – Residential Redevelopment, London
Collier Stevens acted as Building Owner’s Surveyor for a scheme in London with multiple Adjoining Owners. It required demolition and extensive residential redevelopment.
It was notable for significant structural damage being caused to a neighbouring property because of an error in construction. The entire remedial work and settlement which ran well into six figures was resolved to all parties’ satisfaction within the provisions of the Party Wall Act and without recourse to lawyers.
ISVA Homebuyer Survey of Period Building in Kent
This Level 2 ISVA Homesurvey was undertaken for a client in Kent who was concerned about both the flat itself, as well as the building as a whole.
First Floor Conversion Flat in a Period Building, Kent
This level 2 ISVA Homesurvey was undertaken for a client who was concerned about the general decorative and maintenance repair of the building as a whole, as well as the standard of conversion and condition relating to obligations under the lease.
Expert Witness Report for Window Installation
We were instructed by the manufacturers and installers of replacement windows after a complaint had been received.
Window manufacturer and installer / client dispute
In this case we were instructed by the manufacturers and installers of replacement windows. Their client had rejected the product as poor quality and having been installed inadequately and wished to negotiate the agreed price.
Our report found that the windows were constructed in accordance with relevant standards and in the majority of cases had been satisfactorily installed. Any shortcomings were minor and easy to rectify.
Our report assisted the small claims court in finding in favour of our client.
Expert Witness Report – Conservatory Installation
A dispute over a poorly constructed and leaking conservatory led to our client taking legal action against the installers.
Client / Conservatory installer dispute
A dispute over a poorly constructed and leaking conservatory led to our client taking legal action against the installers.
We were able to prepare an expert witness report identifying the shortcomings and design errors that assisted the parties in reaching an out of court settlement.
Disabled Access Survey – Pre-purchase Residential Survey
Pre-purchase survey of a bungalow with specific instructions to assess suitability for wheelchair use and necessary alterations.
Pre-purchase survey for wheelchair user
Our client was purchasing a bungalow and asked us to carry out a pre-purchase survey with specific requirements to consider the alterations that would be required to allow full use by a wheelchair user. The survey included measurement of corridors, practicality of internal alterations and cost assessment.
Expert Witness for Block of Flats
We were instructed by the leaseholders of a local authority block of flats disputing the scope and cost of work claimed in the service charge.
Local authority service charge dispute
We were instructed by the leaseholders of a local authority block of flats disputing the scope and cost of work claimed in the service charge.
Our detailed inspection and report assisted the property tribunal in finding on their behalf and having the service charges reduced.
Party Wall Matters – Basement Conversion in Chisleburst
Collier Stevens were the Adjoining Owner’s Surveyor, where a neighbour was excavating, enlarging and altering an existing coal cellar.
Adjoining Owners Surveyor – Basement Conversion, Chislehurst
Collier Stevens were the Adjoining Owner’s Surveyor, where a neighbour was excavating, enlarging and altering an existing coal cellar to form additional habitable accommodation. This included works to chimney breasts, underpinning and the introduction of a substantial structural steel frame.
Single Defect Report for Damp and Condensation in London
This survey found some of the worst damp and condensation damage we have seen in our careers.
Dampness & Condensation, London
On behalf of tenants’ legal advisers Collier Stevens were asked to attend site, inspect the property and prepare a CPR35 compliant Expert Witness Report to assist in identifying housing disrepair liability for dampness and condensation damage. Principally due to a lack of ventilation and inadequate insulation.
ISVA Homebuyer Survey of Purpose-built Coastal Flat in Kent
Collier Stevens carried out a Level 2 Building Survey of a purpose-built flat in a modern timber framed structure in an exposed coastal location in Kent.
Purpose-built Third Floor Flat, Kent
Collier Stevens were asked to undertake a Level 2 Building Survey of a purpose-built flat in a modern timber framed structure in an exposed coastal location.
Full Building Survey – Semi Detached House in Bromley
Our client wished to understand the condition of the property and that the structural alteration and extension work had been satisfactorily undertaken.
Full building survey – semi detached house, Bromley
Our client wished to understand the condition of the property and that the structural alteration and extension work had been satisfactorily undertaken. A detailed full building survey was able to confirm that all structural work was in satisfactory order and that the property was suitable for purchase.
Full Building Survey of Edwardian House in Kent
Our client wished to return this Edwardian property of three self contained flats to a single dwelling.
Full building survey – Edwardian House, Kent
This substantial Edwardian house was converted to three self-contained flats during the 1950s and had not been the subject of any modernisation for at least 30 years. Our client wished to return the house to a single dwelling.
They required a building survey to identify the current structural condition, the scope of structural work necessary to reinstate the property and an assessment of the potential cost of all of the work, including reinstatement to a single dwelling. Our survey identified concerns with the roof, water penetration, the services and asbestos.
Full Building Survey of Bungalow in Kent
This was a detailed survey on behalf of a prospective purchaser of a bungalow constructed in the mid-1960s in Kent.
Building survey of bungalow, Kent
This was a detailed survey on behalf of a prospective purchaser of a bungalow constructed in the mid-1960s in Kent.
Our client had particular concerns regarding the performance and expected life of the large flat roof and wished to understand the costs of modernisation. Our survey also identified the presence of asbestos board in various locations and irregularities with the plumbing installation.
Project Services for Property Repairs in Canterbury
Collier Stevens inspected, specified and managed a programme of external repair and decoration works at a purpose-built development in Canterbury.
External repairs and redecoration – Canterbury
Collier Stevens inspected, specified and managed a programme of external repair and decoration works at a purpose-built development. Our project management service included the redesign of defective external construction details, financial control and liaison with residents and third parties.
The works were subject to section 20 consultation process of the Landlord & Tenant Act. The consultation process formed a part of our instructions.
Project Services – Property Extension in Surrey
We provided design, specification and project management services for the extension and refurbishment of a community centre in Surrey.
Community Hall extension and alterations in Surrey
Collier Stevens provided design, specification and project management services for the extension, internal alteration and refurbishment of a community centre in Surrey. We incorporated enhancements to meet Equality Act obligations.
Disabled Access Audit of Office Building in London
Our clients required advice as to whether the accommodation they intended to occupy was suitable for access by those of all abilities.
Disabled access audit of office accommodation, London office building
Before entering into a lease, our clients required advice as to whether the accommodation they intended to occupy was suitable for access by those of all abilities.
As a business they employed one person of limited mobility and received regular visits from members of the public. We were able to add value to their decision-making process by undertaking a Disabled Access Audit and advise our client of their obligations under the Equality Act.
Disabled Access of Local Parks and Open Spaces in London
Retained by a London local authority to inspect and audit their parks, open spaces and pathways to ensure they were accessible to all
Disabled access audit – parks & open spaces
Collier Stevens was retained by a London local authority to inspect and audit their parks, open spaces and pathways to ensure they were accessible to all. The scope of audit and inspection encompassed children’s play parks, café and common spaces, as well as the paths, entrances and direction signage.
Disabled Access Audit for Kent Police
Collier Stevens undertook an access audit of their estate, specifically on sites where there was a first point of access to Police services.
Police Force – disabled accessibility to first point of contact
Collier Stevens were engaged by a Kent Police Force to undertake a disabled access audit of their estate. We were required to concentrate specifically on those sites where there was a first point of access to Police services, principally police stations.
Our audits were used to prioritise a programme of improvements to ensure equal access to services for all abilities wherever possible. We were subsequently retained to provide design advice where alterations were appropriate.
Schedule of Condition for Apartment Building in London
A schedule of condition was prepared of the flats above and below a unit in London where major structural building work was proposed.
Schedule of condition, apartment building in London
A schedule of condition was prepared of the flats above and below a unit where major structural building work was proposed. Although the works were not subject to the party wall process, our clients were keen to ensure that an accurate record of condition was taken before they started their refurbishment. This could be used to consider liability for damage to neighbouring properties were it to occur.
Schedule of Condition for Office Lease in Kent
Collier Stevens was asked to undertake before and after schedules of condition reports for the lease of an industrial unit in Kent.
Lease of Office Premises, Kent
Collier Stevens was asked to undertake before and after schedules of condition reports for the lease of an industrial unit in Kent.
We conducted an internal and external inspection of the condition of the premises and prepared a written and photographic schedule of condition to be appended to a new fully repairing lease.
We provided an agreed record of the condition of the premises at the outset so that future dilapidation claims may be mitigated.
Schedule of Condition for Historic Wall in Ashford, Kent
This schedule of condition of an historic wall in Ashford, Kent was undertaken before work commenced on a major building project.
Historic Wall, Kent
Collier Stevens conducted a schedule of condition report for an historic wall in Ashford, Kent.
Our client was undertaking a major commercial development and prior to commencement required a detailed record of historic structures to the perimeter of the site. We assessed the stability of the structures and prepared a detailed written and photographic record of their condition. This meant that any claim for damage on completion could be reasonably assessed.