Latest by Alexandra Anderson
The Bichard RICS Review: Recommendations for an overhaul of the RICS structure
The Bichard RICS Review has been published this month following the investigation into the institution by Lord Michael Bichard. In his report, Lord Bichard has made a number of recommendations in relation to the purpose and governance of RICS, which they have been urged to adopt "at pace".
Read moreThe Week That Was - 24 June 2022
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Fire Safety Act – An update
Since the Fire Safety Bill received Royal Assent on 29 April 2021, it has been in limbo, waiting for its provisions to be brought into force. This has now happened, at least in part, with the publication of the Fire Safety (England) Regulations 2022 (the Regulations) made under article 24 of the Fire Safety Order (the FSO).
Read moreEWS1 update
A joint statement made by The Royal Institution of Chartered Surveyors ('RICS') and six major lenders has clarified the position of the lender and valuation industries with regard to fire safety remedial works and mortgage lending.
Read moreValuers receive further clarity on External Walling Reviews
As reported in our previous post, December 2019 saw the launch of a new form, the EWS1, (External Wall System 1 form) to assist with the process of valuing properties within residential buildings. The main purpose of the form remains to simplify the process of determining whether works are required to a property in a multi-storey, multi-occupancy residential block, and to what extent any works may impact a property's value.
Read moreRICS PII market consultation – Is the feeling mutual? Have your say
When WW1 ended, Britain started rebuilding. The Prime Minister of the day, Lloyd George, launched a campaign to build 'homes for heroes', due to concern over poor housing standards. Mass construction ensued with a new form of 'social housing' created, as well as growth in the private sector. As the housing sector developed, in 1921 the governing body for many surveyors, then known as the Chartered Auctioneers and Estate Agents Institute (CAEAI), but what is now known as the RICS, introduced a requirement for its members to have professional indemnity insurance with various Lloyd's syndicates.
Read moreStill Knot so Weedy: RICS issues new guidance on Japanese Knotweed following consultation
The RICS has published its new guidance on Japanese Knotweed, following a period of consultation last summer.
Read moreThe scope of a valuer's duty post Manchester Building Society and Khan – the Privy Court's view
In Charles B Lawrence & Associates v Intercommercial Bank Ltd (Trinidad and Tobago) [2021] UKPC 30 , the Privy Council was tasked with applying the reformulated "scope of duty principle" derived from Manchester Building Society and Khan to a valuer's negligence claim in which the title to the secured land was also defective.
Read moreFire Risk Assessments - The latest developments
The British Standards Institution has published PAS 9980:2022, the new code of practice for fire risk appraisals of external wall construction and cladding of existing blocks of flats.
Read moreRICS revised Rules of Conduct – coming soon
The RICS's new Rules of Conduct are due to come into force on 2 February 2022. The rules combine the previously separate codes for individuals and firms in force since 2007 with the Global Professional and Ethical Principles from 2009, with the intention of providing a single, concise summary of all relevant principles, in order to allow RICS member firms and clients to understand what good professional practice looks like.
Read moreDoes it matter if "the price is right"?
The recent case of Serene Construction Ltd v Salata and Associates Ltd has offered further insight on the Courts' approach to claims against bank-appointed receivers where they are instructed to market and sell land.
Read moreThe Building Safety Bill – time for property managers to prepare
The way high-rise buildings are managed in this country is changing.
Read moreNew RICS guidance for valuers - Another step in the right direction for valuers
RICS has produced a Guidance Note for the valuation of residential leasehold properties for secured lending purposes, aimed at providing valuers with a best practice guide when undertaking valuations in what has been a turbulent sector over the last 5 years.
Read moreThe Building Safety Bill – a welcome change?
Following the Grenfell tragedy on 14 June 2017, the Government appointed Dame Judith Hackitt, former Chair of the HSE, to undertake an independent review of building safety in high-rise buildings. Dame Judith commented that the current system is "far too complex" and "lacks clarity as to who is responsible for what" with "inadequate oversight and enforcement". She wanted her recommendations to form the foundation of a clearer, simpler and more robust approach to the building and management of high-rise residential buildings. Her report was published in May 2018.
Read moreFire Safety Act 2021: Clarification for the Responsible Person
The Fire Safety Bill (the "Bill") received Royal Assent on 29 April 2021 and is now known as the Fire Safety Act 2021 (the "Act"). Although the date has not yet been confirmed for when the Act comes into force, this is another significant development on the issue of fire safety.
Read moreKnot so Weedy Afterall? RICS issues new draft guidance on Japanese Knotweed
The RICS is seeking consultation on its Japanese Knotweed draft guidance note. The consultation, which you can access here, opened on 22 June 2021 and closes on 3 August 2021.
Read moreNew RICS Guidance for Risks, Liability and Insurance April 2021
The RICS have produced a new Guidance Note entitled "Risks, Liability and Insurance", which came into effect on 1 April 2021. This note is a must read for surveyors and provides practical advice for risk management and the points to consider when seeking professional indemnity cover.
Read moreFire safety – at last, some welcome news for surveyors
We set out below news of a welcome change to the professional indemnity insurance available to surveyors relating to their fire safety work.
Read moreCertainly Uncertain – The Material Uncertainty Clause
The circumstances related to the global COVID-19 pandemic have raised questions as to whether surveyors should include a declaration that the valuation is subject to material valuation uncertainty, highlighting that a greater degree of caution should be used when relying on it.
Read moreThe RICS key to unlock the market?
In December 2019, the RICS launched a new form, the EWS1, to assist with the process of valuing properties within all residential buildings over six storeys (18 metres). In the wake of the Grenfell Tower tragedy, lenders were needing to understand whether materials used for cladding/insulation were safe and would require remediation at a cost that would have impact on the value of the property. The EWS1 form was intended to provide a quick route to ascertain whether works were required that might have an impact on value.
Read moreThe risks of going large (again)
In our July 2020 article , we looked at the case of Hart and Hart v Large, which concerned a survey undertaken by Mr Large for the Harts.
Read moreHart v Large: Important guidance for surveyors when advising prospective purchasers
The judgment in Hart v Large provides important guidance on the scope of a surveyor's duty when advising prospective purchasers. It also highlights that the courts may be willing to depart from the usual measures of loss, in order to achieve what they consider to be a fair outcome.
Read moreThe curse of COVID strikes again – implementation of the Home Survey Standard delayed
As a result of the lockdown imposed in response to the COVID-19 pandemic, the new RICS Home Survey Standard, which was due to be implemented next month has now been delayed until December 2020. Whilst this will allow practitioners more time to become familiar with the new standard, it causes an unwelcome disruption to the introduction of a measure that should provide greater clarity for both surveyors and consumers of what is expected when commissioning and conducting a home survey.
Read moreTop 10 for the 10s Claims against surveyors and valuers
The 2010s started with an influx of valuation claims, primarily involving lenders seeking to recoup losses suffered as a result of the financial crisis, loans being made to sub-prime borrowers and the declining property market.
Read moreRICS Guidance and Key Developments for Surveyors: #2 Coronavirus, valuations and "material uncertainty"
The recent lockdown has posed a serious challenge to the UK housing market, with the present and future potential impact of COVID-19 on the market inviting comparisons to the post-2008 recession.
Read moreRICS Guidance and Key Developments for Surveyors: #1 Changes to the RICS Minimum Terms
In this series of articles, we will be addressing a number of the key risks and challenges that face surveyors and valuers in the current climate.
Read moreCOVID-19: Trials - the show must go on
Judges are taking to heart the HMCTS's guidance focused on encouraging judges to maximise the use of video and telephone hearings using current technology. So, while the theatres in the UK remain closed, the theatres of justice continue with their activities.
Read moreCOVID-19: Trials - the show must go on
Judges are taking to heart the HMCTS's guidance focused on encouraging judges to maximise the use of video and telephone hearings using current technology. So, while the theatres in the UK remain closed, the theatres of justice continue with their activities.
Read moreA valuer does not owe a duty of care to the directors of a borrower
The High Court has held that a valuer who prepares a valuation for a lender does not owe a duty of care to the directors of the borrower who claim they have suffered loss as a result of relying on that valuation.
Read moreBetween a rock and a hard place
Difficulties for lenders arising out of limitation
Read moreCFAs continue for insolvent companies
In April 2013, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) came into force, making the success fee applied to a Conditional Fee Arrangement (CFA), and the After the Event (ATE) insurance premiums, irrecoverable by a successful party to litigation proceedings.
Read morePart 36 – Make your offers early
A recent judgment has highlighted the importance of early timing in the making of Part 36 offers.
Read more"Time's up" – limitation for a claim against a valuer
In a decision handed down last week, the court has provided further guidance on the limitation position for claims against surveyors.
Read moreRICS UK Valuation Commission Report
Today sees the launch of the RICS UK Valuation Commission Report.
Read moreNow do as you are told!
In the case of Thavatheva Thevarajah -v- John Riordan and Others, the Court of Appeal has once again made clear that, if you fail to follow directions for a claim, you will be penalised.
Read moreMediate or be damned
In a landmark decision released yesterday, the Court of Appeal has upheld the decision to deprive a Defendant of part of its costs, for failing to respond to repeated requests to mediate, even though it made a Part 36 offer which the Claimant failed to accept until just before trial.
Read moreSize does matter – risk of potential claims against estate agents
A recent Financial Times article has highlighted a potential risk area for estate agents.
Read moreEngineer held liable for losses caused by the fall in property values
An engineer may be liable to his client for losses caused by a fall in property values. So held the Court of Appeal in the case of John Grimes Partnership Ltd v Gubbins.
Read moreThe dangers of being helpful with evidence…
Developers' fraud proceedings against Chartered Surveyors struck out as "unjust harassment"
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