Matrimonial Valuations

Cavendish Surveyors can arrange valuation advice, often for client's legal advisors, for matrimonial purposes or wherever disputes arise. This form of report is normally on the basis of a private valuation without a detailed report upon the overall condition of the property but the report may identify the need for further advice or additional reports upon specific defects. Fees are normally similar to those for private valuations but are normally agreed with clients or their legal advisors before the inspection is carried out

Probate Valuations

Valuations for probate purposes are normally similar to the requirements for a private open market valuation. The valuation of property will normally be required by legal advisors or personal representatives dealing with a deceased's estate and reports can normally be provided within a few days of instruction. Fees are normally agreed prior to the inspection being carried out and reports and valuations will have regard to the general condition of a property but not provide a detailed report upon overall condition or specific defects

Specific Defects Report

A client may require specific advice for a particular problem, possibly identified in the lenders mortgage valuation report for example.

This can be a cost effective way of providing information for a particular defect without going to the overall expense of a full survey.

Very often cracks in buildings are a cause of concern and it will be important to decide whether movement is historic or whether there is a continuing problem.

Insurance Reinstatement Valuations

It is important for any property owner to be careful that their investment is adequately covered for insurance purposes.

Most insurance companies will restrict a claim if a property is under-insured. Many insurance policies are index linked but it is always wise to ensure the uptodate valuation is correct.

A Homebuyers Survey & Valuation Report automatically includes a value for insurance reinstatement and it is normally straight forward to provide an insurance reinstatement figure by agreement in the case of a Building Survey or valuation report.

Disputes with Builders

Disputes can arise between clients and their builders for example in the building of a new property or where contract or extension works are undertaken.

Depending upon the nature of the problem our surveyors can undertake to provide reports upon specific building defects as part of a dispute mediation process and may also be able to help in dispute negotiation/litigation.

Schedules of Dilapidations

A Schedule of Dilapidations is generally prepared on behalf of a Landlord during, or more usually at the end of a lease, to carefully define any defects or liabilities in the tenants obligations.

The schedule is detailed and will carefully describe the defects or repair and provide a description of the remedy required.

Quite often a Schedule of Dilapidations will need to be costed where a claim is to be made against a tenant who has left a building in a state of disrepair.

Fees for the preparation of such reports are normally agreed before the inspection is carried out when the extent and size of the property and potential problems are known.

Surveyors are often required to deal with the service and subsequent negotiation of a Schedule of Dilapidations on behalf of the Landlord and to deal with the resolution of disputes. In such cases our surveyors will liaise closely with the client's legal advisors and provide general assistance and advice for any litigation process.

Schedules of Condition

Tenants of commercial property are often advised to obtain advice upon the condition of buildings when entering into a lease or when taking an assignment of an existing lease agreement. Lease covenants for repairing obligations can be complex and difficult to understand and very often a tenant will not fully understand the commitments until the lease finishes and a Schedule of Dilapidations is served by the Landlord.

It is important therefore for any intending lessee to be fully aware of all potential liabilities which exist, or may arise, during the lease period. It can be agreed between a Landlord & Tenant at the beginning of a tenancy that a Schedule of Condition (incorporating a detailed photographic schedule) is prepared for attachment to the lease, so that the tenant is not obliged to hand back the premises at the end of the tenancy, in any better condition than he received it at the beginning of the tenancy. The Schedule of Condition is therefore a detailed account and description of the condition of the building and premises for the avoidance of doubt at a later date.

Fees for preparing such schedules do vary depending upon the size and type of property and our surveyors will need to see a copy of the lease agreement, and consider any other relevant details such as tenants improvements, fixtures and fittings, etc. before providing a fee quote.

Party Wall etc. Act 1996

The Party Wall etc. Act 1996 came into force on 1st July 1997. If you intend to carry out building work which involves:

• work on existing wall, shared with another property,
• building on the boundary with a neighbouring property, or
• excavating near an adjoining building,

you must find out whether the work falls within the scope of the Act. If it does, you must serve the Statutory Notice on all those defined by the Act as adjoining owners. Remember that reaching agreement with adjoining owners on a project that falls within the scope of the Act does not remove the possible need for Planning Permission or Building Regulations Approval. “The Party Wall, etc Act 1996: Explanatory Booklet” product code 02 BR 00862 is available free of charge from ODPM Free Literature.

If you are not sure whether the Act applies to the work that you are planning, Cavendish Surveyors will be pleased to provide professional advice and are able to act as Party Wall Surveyors, either for the Building Owner or the Adjoining Owner.

As a guide, fees will normally be in the region of £500 - £1,000 plus VAT to prepare a Party Wall Award, including the preparation of a Schedule of Condition and a final inspection, but it is normal practice to agree a fee, depending upon the individual circumstances of each case, for this type of work.