What is a Building Surveyor's Role in Dilapidations

The Building Surveyor's Role

What are Dilapidation Surveyors

The profession of chartered surveyor encompasses a wide range of specialized fields. Two types of chartered surveyors are essential to conduct a dilapidations survey: a chartered building surveyor and a chartered valuation surveyor. These building surveyors each conduct their survey, and their collaboration ensures that the property survey produces the most equitable and optimal results for all involved. Coordination between both types of building surveyors ensures streamlined and consistent reporting.

Before Termination

Landlords are not required to prepare a terminal schedule before the end of the lease, but they often do so to prompt early negotiations. However, they may delay the timing of the schedule to hinder the tenant's ability to complete necessary work before the lease expires. Therefore, tenants should hire their surveyors to assess liability and cost. Tenants need to be prepared and informed. 

Tenants are not obligated to respond to a terminal schedule served before the end of the lease. Some surveyors may mistakenly reference the protocol to pressure a response from the other party. However, it is important to note that the protocol only applies after the lease has ended. The protocol's title speaks for itself: Pre-action Protocol for claims for damages to the physical state of commercial property at the termination of a tenancy.

At Termination

The protocol dictates a strict timeframe of 56 days for landlords to issue a Schedule of Dilapidations, which must include an endorsement of their intentions and the Quantified Demand. This timeframe should be strictly adhered to. Landlords must be transparent about their intentions, as they may explore alternative options that could affect the claim. It is the tenant's responsibility to prove the landlord's intention at or shortly after termination of the tenancy. 

Parties are strongly encouraged to meet before the response to the quantified demand is due and again within 28 days after the tenant sends the response to agree on as many items as possible to reduce the scope of the dispute. After this process, the protocol provides clear guidance on alternative dispute resolution and quantification of loss.

Landlords must prepare a formal diminution valuation or provide an account of actual expenditure, or both when dealing with dilapidations. If the landlord plans to undertake works, a diminution valuation is unnecessary. However, a diminution valuation should be prepared early if they do not plan on making repairs. During negotiations, legal disputes may arise regarding liability. It is not the building surveyor's role to speculate on the relevance of a particular legal case. While discussing established legal principles is acceptable, the legal profession should handle the application and context of these cases, as each situation is unique.

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Commercial Dilapidations London is your go-to for thorough dilapidation surveys, catering to landlords and tenants. Our team of experts will leave no stone unturned in meticulously surveying your property, providing you with detailed documentation and practical advice. Whether you're starting a new lease or nearing the end of an existing one, we'll identify any potential dilapidations and recommend the necessary measures to address them. Trust us to deliver comprehensive and reliable solutions for all your dilapidation needs.