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Lastest Bradley-Mason and industry news.

Asbestos Survey in Most Unusual Building

Written on October 10, 2017 at 5:12 pm , by bradleymason

This building was inspected for asbestos for a telecommunications client.

This building was inspected for asbestos for a telecommunications client.

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Roof Coating with great results

Written on September 26, 2017 at 4:15 pm , by bradleymason

Before and after shots of a recent roof issue, newly coated in Sika Liquid Plastics with cira 20 year life span.

 

 …

Before and after shots of a recent roof issue, newly coated in Sika Liquid Plastics with cira 20 year life span.

 

 

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Cut Edge Corrosion – How not to repair!

Written on September 12, 2017 at 5:18 pm , by bradleymason

Look at this terrible #cut-edge #corrosion treatment that we found on a #survey.

Poor prep/repair and the product applied over a cloth tape.…

Look at this terrible #cut-edge #corrosion treatment that we found on a #survey.

Poor prep/repair and the product applied over a cloth tape.

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A Guide to the Minimum Energy Efficiency Standards

Written on August 23, 2017 at 4:01 pm , by bradleymason

This briefing note aims to provide an overview of the implementation of the Minimum Energy Efficiency Standards, exemptions and exclusions, enforcement provisions and the impact on dilapidations in relation to non-domestic properties. 

Implementation.  The Energy …

This briefing note aims to provide an overview of the implementation of the Minimum Energy Efficiency Standards, exemptions and exclusions, enforcement provisions and the impact on dilapidations in relation to non-domestic properties. 

Implementation.  The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 set out the minimum level of energy efficiency for private rented property in England and Wales.  Part 3 of the Regulations contains the minimum level of energy efficiency provisions, which are currently set an at energy performance certificate (EPC) rating of band E.  The regulations are a directive originating from the Energy Act 2011 which requires new regulations be introduced to reduce the energy efficiency of private rented buildings situated in England and Wales.

Implementation of the Regulations is to come into effect in the following stages:

– From April 2018, the MEES regulations triggers an enforcement mechanism that will apply to all privately rented non-domestic buildings. The new legal standard makes it unlawful to lease all privately rented commercial properties or permit lease renewals unless the building can achieve an EPC rating of ‘A’ through to ‘E’.

– From April 2023, all leases of private rented properties that commence before 1st April 2018 must comply with the MEES regulations.

The guidance set out in ‘The Non-Domestic Private Rented Property Minimum Standard’ document confirms that MEES will only apply to those properties which require an EPC by law.

Reasoning. The government has identified that built environment is a major contributor to Greenhouse Gas emissions which directly affects the United Kingdom’s target to reduce carbon emissions by 2030.  It is estimated that heating and powering our non-domestic buildings is responsible for around 12% of the UK’s emissions.

The government estimates that 18% of commercial properties across the UK hold EPC ratings of F or G, and as such the new minimum energy standards aims to improve the EPC ratings of England and Wales commercial building stock, to tackle Greenhouse Gas emissions.

Exclusions and Exemptions. Identifying if a building or tenancy are affected by the new minimum energy efficiency standards is not straightforward, as there are various exclusions and exemptions Landlords can claim for depending on the circumstances surrounding the property.

The exemptions available to landlords include:

The ‘Golden Rule’: if the Landlord has carried out all possible cost-effective improvements but the building does not meet the standards, then that particular property would be exempt from meeting the standards for 5 years. By using the Green Deal’s ‘Golden Rule’ where improvements must pay for themselves within 7 years the property may be exempt from complying with the MEES standards.

Devaluation: If a specialist independent surveyor determines that the relevant improvements that could be made to the property to improve its EPC rating would have a negative impact on the market value of the property then the building could be exempt.

However, there must be a 5% or more reduction in the market value for this to apply.

Third Party Consent: If the Landlord cannot obtain necessary consents to install the required energy efficiency improvements despite all reasonable efforts then the property will be exempt. Consents include from the tenants, lenders, superior landlords and local authorities, especially in the case of listed buildings.

Recently becoming a Landlord: The regulations acknowledge that there are some, limited circumstances where a person may suddenly become a landlord and as such, it would be inappropriate or unreasonable for them to comply with the Regulations immediately. Therefore, the Landlord is granted a six-month temporary exemption after which they will be required to meet the requirements of the regulations or register a valid exemption.

Lease terms: Properties that are let on a lease term of less than 6 months or more than 99 years are excluded from the regulations.

In all cases Landlords are advised to obtain their own independent advice in relation to possible exemptions and must ensure that all exemptions are registered via the central government PRS Exemptions Register.

Enforcement and Penalties. Local Weights and Measures Authorities (LWMAs) will enforce the provisions set out in the MEES regulations as well as Trading Standards who will also undertake enforcement activity.  The enforcement teams can impose hefty penalties for Landlords that do not improve their properties. Penalties range from a minimum penalty of £5,000 to a maximum of £50,000 within the first three months of a penalty notice being served.  After three months, the penalty will rise to a minimum penalty of £10,000 to a maximum of £150,000.

Dilapidations Matters. The MEES regulations are set to impact existing leases from 1 April 2023, which will impact how building surveyors advise tenants and landlords in relation to dilapidations matters.  Landlords will have to undertake all reasonable efforts to implement improvements to their properties, excluding exempt properties to improve its EPC rating during the term of a lease.

The Jervis v Harris clause which provides certain powers to the Landlords to enter their property to carry out repair works when tenants fail to do so, will not have the same enforcement under the new regulations.  The new regulations place the obligations on the Landlord to carry out the works, therefore entry to a property, mid-term will unlikely be unlawful under the Leasehold Property (Repairs) Act 1938.

‘Green’ lease provisions are seen to be the answer to facilitate access for MEES improvements, ensuring both the tenant and landlord share the benefits of any improvements made to meet the new standards.  Tenants who sign up to a new ‘Green’ lease should be aware of potential business interruption before agreeing to sign a lease on a building with an EPC Rating of F or lower.

There is potential for strong supersession arguments come lease end, due to wholesale replacements of mechanical and electrical equipment, for example, being required due to a poor energy ratings.

To Summarise. The first stage of the new regulations comes into force from 1 April 2018, therefore it is time to start taking practical steps to limit the impacts of the new standards, whether that be a Landlord looking to budget for improvement works required or a tenant looking to limit disruption and risk of letting a non-compliant property.

The PRS Exemptions Register is open therefore Landlords who wish to apply for an exemption must begin to prepare the evidence required to carry out the self-certification.  Professional advise should be sought as to whether relevant exemptions or exclusions apply.

Where a property does not meet the requirements on the PRS exemption registers Landlords should seek professional advice on how best to budget for improvement works and how such improvement will impact on any current tenancies.

For more information see the ‘Non-Domestic Private Rented Property Minimum Standard’ guidance note (2017); author: Department for Business, Energy & Industrial Strategy; at: https://www.gov.uk/government/publications/the-non-domestic-private-rented-property-minimum-standard-landlord-guidance

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Spotlight on Bairbre – our Access Expert

Written on August 20, 2017 at 10:10 am , by bradleymason

Bairbre - Our Access Expert

 
Joining us back in 2016, Bairbre has taken on the mantle of access expert and is dedicated to promoting and growing this area of the business.

Bairbre’s interest in Access began in 1997 when …

Bairbre - Our Access Expert

 
Joining us back in 2016, Bairbre has taken on the mantle of access expert and is dedicated to promoting and growing this area of the business.

Bairbre’s interest in Access began in 1997 when she worked as an Area Building Surveyor at HSBC, rolling out what was then called the DDA program. The Bank was a Service Provider under the Act and set about making reasonable adjustments to their premises. This lead to part time study for an MSc in Inclusive Environments, Design and Management at the University of Reading. Bairbre graduated with a distinction in 2003 and won the Department of Transport prize for her dissertation. She represented the Bank on the City of London Access Group and had articles published in the Access Journal.

Bairbre relocated to Yorkshire in 2005, set up a local access group and joined the Yorkshire branch of the Access Association. Following a career break, she then joined Bradley Mason LLP, combining her specialist knowledge with core building surveying skills.

Bairbre says “Many building operators and occupiers reacted to the DDA back in the late 90’s and have failed to review their position in the interim years. There is a duty to review access provision, and recent updates to Part M means that designs which we considered best practice and above the test of reasonableness are now required. While the DDA is now a historic term and the legislation has been subsumed into the Equality Act we need to continue to audit our buildings and respond to the new standards.”

Recently Bairbre undertook an inspection of The Merrion Centre and prepared an Access Audit to record the current accessibility of the property and report on any works recommended to address identified barriers.  Stephanie McCann, Facilities Manager says ‘We love the Access Audit reports, the format is very user friendly and informative’

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Team BM – Sporting achievements

Written on August 16, 2017 at 1:07 pm , by bradleymason

York to Paris Bike Ride

It’s been a busy couple of months for Team BM some of whom have been up to some impressive sporting events.

Keely and Julian cycled from York to Paris at the beginning of June. From …

York to Paris Bike Ride

It’s been a busy couple of months for Team BM some of whom have been up to some impressive sporting events.

Keely and Julian cycled from York to Paris at the beginning of June. From driving rain on day 1, 30 miles per hour winds on days 2, to the final day in Paris at the Eiffel tower  in 32 degree sunshine. It was an epic 5 day adventure with a group of like minded people out for a challenge with well deserved beers at the end of each day. Closely followed by Eroica in Derbyshire just a week later. This retro cycling event started in Italy and has spread around the world. In stunning weather the festival is all about cycling pre 1987 style. From penny farthings to 1970’s racers, over 3000 riders set off on the Sunday morning to ride the trails and roads of the peak district impressively dressed to match their aged bikes.

From wheels to legs, Brendon Taylor is our fell running champion. Completing the European Masters Mountain running Championships in Barcelona on the 30th April he came 20th overall, 10th in his category over 40 and won Silver with his team. He then came back home to the Manchester 10k, where he came 75th overall and 7th in his category. And finally the Snowdon Twilight uphill race on the 9th June where is came 11th overall and 3rd in his category. Impressive!!

Brendon Taylor Barcelona

Julian also completed the Gateshead 10k in a time of 47 mins, PB, and 589 out of 5300 runners. He’s aiming to catch up with Brendon sometime soon.

And finally to our more professional sponsoree Naana Adusei who got Bronze and Silver at the British Master Outdoor Athletics Championships in Birmingham.

Naana Adusei

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New Head Office

Written on August 14, 2017 at 12:56 pm , by bradleymason

New Head Office

After 13 years we have moved our head office to a more central location at Windsor House in Harrogate. Built around 1900 as the Royal Hotel, this impressive building was converted to offices in the …

New Head Office

After 13 years we have moved our head office to a more central location at Windsor House in Harrogate. Built around 1900 as the Royal Hotel, this impressive building was converted to offices in the latter part of the 20th Century to accommodate the growing business community in Harrogate. Overlooking the Valley Gardens and just a stones throw from the Spa baths and Betty Tearooms, our new location suits both the  BM team and it’s clients being so close to local amenities and transport links.

As you can see the move all went to plan and with just a few boxes left to unpack it’s back to work in our new business premises.

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Asbestos Roof Slates – contamination of roof void

Written on August 11, 2017 at 10:40 am , by bradleymason

In the late 19th century, Ludwig Hatschek added 10% asbestos and 90% portland cement together with water into his cardboard manufacturing machine. The end product was an invention that changed the roofs of the world; …

In the late 19th century, Ludwig Hatschek added 10% asbestos and 90% portland cement together with water into his cardboard manufacturing machine. The end product was an invention that changed the roofs of the world; a durable and lightweight fire resisting fibre-cement-board.

Following this invention, it was later discovered that the product had a detrimental effect on health if inhaled.

This detrimental effect lead to an altogether ban in United Kingdom in 1999 and the presence of asbestos is now controlled under the Control of Asbestos Regulations Act 2012.

Fibre-cement-board was extensively used in construction due to the beneficial properties of the product and as property professionals, we encounter asbestos on a regular basis.

Following an instruction to undertake an Asbestos Management Survey of a Social Club, we found the roof slates tested positive for Chrysotile asbestos.

Whilst the slates, in good condition are not a licenced product, in bad condition they can present a health hazard. A number of samples of the dust and debris within the roof void beneath the slates came back as positive for containing asbestos.

If you suspect you have asbestos roof slates, you should not allow anyone to enter the roof space unless they are aware of the potential contamination of the void and are wearing personal protective equipment.

Should you require our services, please get in touch and we can send one of our qualified Asbestos Surveyors to take samples to confirm any presence of asbestos throughout your building.

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Aluminium Composite Panels – Cladding

Written on July 13, 2017 at 4:10 pm , by bradleymason

Aluminium Composite Material is a flat panel that consists of two thin aluminium sheets, which are bonded to a non-aluminium core.

When correctly specified; professionally installed and officially certified to perform to code and to …

Aluminium Composite Material is a flat panel that consists of two thin aluminium sheets, which are bonded to a non-aluminium core.

When correctly specified; professionally installed and officially certified to perform to code and to regulations, ACM’s are a building material that are lightweight and often used to improve the aesthetic appeal of a building along with improving weather resistance.

Aluminium composite panels are often manufactured with various types of cores that should be strictly reviewed and assessed as to their suitability. A key criteria is the height of a structure and the fire resisting capability

Read More on ACM’s

 

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Disabled Parking Bay

Written on July 11, 2017 at 6:34 pm , by bradleymason

This is an excellent illustration as to why the most recent Part M disabled parking Bay includes a rear hatched area. This is to accommodate vehicles such as this one where the users come in

This is an excellent illustration as to why the most recent Part M disabled parking Bay includes a rear hatched area. This is to accommodate vehicles such as this one where the users come in and out through the rear.  This vehicles has a platform but some may have ramps. 

 

In this case both the driver and passenger were using scooters.

 

Bradley Mason can provide up to date advice on making your carpark accessible.

 

 

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