Building Surveyor Blog

On October 1st 2009 the Department of the Environment made changes to the Building Regulations – 'Building Control (Amendment) Regulations 2009'. These regulation changes brought about the implementation of the Disability Access Certificate (DAC), mandatory for all public premises from Jan 1st, 2010.

WHAT IS A DAC ?
A Disability Access Certificate is a certificate of compliance issued by the Building Control Authority with respect to requirements under Part M of the Building Regulations.
A Disability Access Certificate should be applied for at the same time as a Fire Safety Certificate and submitted to the Planning Authority with the Commencement Notice. A building cannot be used or occupied without a DAC.

HOW DO I KNOW IF I NEED A DAC ?
If your building is used by members of the general public, then you will need to apply for a DAC. You should apply along with your Fire Safety Certificate Application at design stage.
By 2015 all Public Bodies will be required to have their buildings compliant, which is likely to mean re-fitting to many older buildings (excluding historic / heritage buildings).
A Disability Access Certificate is required for new buildings other than dwellings (including apartment buildings) and certain other works to which the Requirements of Part M of the Building Regulations apply, which commence or take place on or after 1 January 2010.

What does a  Disability Access Certificate application comprise of ?
Drawings and a report to:
(a) identify and describe the works or building to which the application relates, and
(b) demonstrate how the Building or proposed works comply with the Requirements of Part M of the Building Regulations, in particular in relation to the following, where applicable;

•   Approach to a Building
•   Access to a Building
•   Circulation within a Building
•   Use of facilities within a Building
•   Bedrooms in hotels and other guest accommodations
•   Sanitary conveniences
•   Audience or spectator facilities
•   Apartments in a building

HOW MUCH WILL IT COST?

Flat rate of €800 per application, made payable to the Local Authority. Surveyors fees for the preparation of the DAC will vary depending on the complexity of the building.

Figures correct at time of publishing
 

Making a Fire Safety Certificate Application

Every property from multi unit residential developments to commercial storage units requires a Fire Safety Certificate (FSC). Only residential dwellings (e.g. semi detached 2 story houses) do not need an FSC.

From the first of October 2009 there has been a change in statutory legislation which has allowed the procedure for getting a fire certificate to become more flexible. Previously to this, work could not commence until the FSC was granted and for 14 days after a commencement notice was served. This left a grey area where work had already commenced without an FSC, or where significant changes had been made to the design. In order to rectify this, the following was enacted:

 A Revised Fire Safety Certificate Application 

This allows for the revision of a previously granted FSC, if the design has changed significantly or due to a planning requirement.

The fee for both a standard and a revised application is €2.90/m2 up to a maximum of €12,500.

A 7 day notice

This procedure allows the applicant to submit to the local authority their intention to start work within 7 days, therefore reducing the lead in time of a project. This requires a statutory declaration confirming that any works carried out will comply with the building regulations, and any works required by the grant will be undertaken.

The fee for this application is €5.80/m2 up to a maximum of €25,000.

A Regularisation Fire Safety Certificate Application

This allows an applicant to apply for an FSC when the work has already started, or is complete, this is a large change in the legislation as it had been a grey area where an FSC had not been applied for initially.

This requires a statutory declaration confirming that any works carried out comply with the building regulations, and any works or conditions required by the grant will be undertaken within 4 months.

The fee for this application is €11.60/m2 up to a maximum of €50,000. 

As can be seen from the fee scales, there is a large incentive to encourage people to apply for an FSC early in the process, and to focus people’s minds in relation to the FSC. If you are undertaking a basic single story extension to a commercial property, or constructing a 12 story multi unit development, a building surveyor can provide you with the professional service you need to stay compliant and limit any possible future liability.

Figures quoted are correct at time of publishing May 2010

WHAT IS A SNAG LIST?

A snag list is a list of defective and uncompleted items of work on a newly constructed property.  Any areas of non-compliance with current Building Regulations are also taken into consideration when compiling a snag list.
A sang list can vary from 2 – 10 pages of defects and quite often the length of the list is a reflection on the standard of workmanship.

WHEN SHOULD A SNAG LIST BE CARRIED OUT?

A snag list is normally carried out at practical completion stage when the building has first been inspected by the contractor’s finishing foreman and written confirmation is received from the contractor advising that a snag list be submitted with a period of approximately seven days.

MOST COMMON ITEMS ON A SNAG LIST

A property is inspected both internally and externally including the roof void and external grounds. The following is a list of some of the common items, which would normally appear on a snag list:

Roofs:

•   Misplaced and damaged roof tiles / slates, ridge and hip tiles.
•   Poor standard of pointing to ridge and hip tiles, inadequate soffit ventilation to roof void.
•   Poorly fitted gutters and downpipes with inadequate falls and missing bracket supports.
•   Poorly formed valleys with excessive lengths of lead.
•   Inadequate flashing details around dormer windows and chimneys.
•   Absence of continuous lead trays in brick chimneys and poorly fitted stepped flashings not adequately fixed into the brickwork joints.
•   Low level termination point of chimney flues relative to ridge level.
•   Inadequate falls resulting in ponding of water on flat roofs.
•   Poorly formed outlets to hopper heads with inadequate flashing details.

External Walls and Grounds:

•   Cracking on render and poor mortar pointing to brickwork joints.
•   Poorly sealed window on external door reveals with missing sections of vertical damp courses and inadequate seal formed at juncture between window frames and brick/render reveals.
•   Loose concrete capping on boundary walls and inadequate overhang provided resulting in excessive staining and walls beneath.
•   Missing and loose vent covers.
•   Poorly formed footpaths and driveways resulting in excessive surface water ponding.
•   Inadequate provision of expansion joints in footpaths, which are required in order to allow for thermal movement.
•   Broken AJ and manhole covers and debris in drains.
•   Steep sloping wheelchair access ramp to external doors not in compliance with Building Regulations.
•   Failure to fit an ACO drain where a wheelchair access ramp abuts the threshold beneath an external door.
•   Inadequate provision of intermediate block/brick piers to boundary walls.
•   Marshy ground to landscaped areas indicating inadequate land drainage.

Interior:

•   General poor standard of decorations to walls, ceilings, timberwork and internal joinery.
•   Leaks from first floor en-suites and bathrooms affecting ceilings at ground floor level.
•   Floor slab off level with additional works required prior to the fitting of floor finishes.
•   Ill fitting doors and defective locks and latch sets on doors and windows.
•   Loose fitting sockets, switches and electrical fittings.
•   Inadequate permanent ventilation to habitable rooms and non-provision of mechanical extractor fans in bathroom.
•   Extractor fans not vented directly out through roof voids.
•   Poor quality of T&G floorboards at first floor level.
•   Excessive openings formed around radiator pipes and waste pipes through external walls.
•   Loose fitting toilet bowls, washbasins and pedestals.
•   Leaks to waste pipes beneath toilets, washbasins and baths.
•   Damage to sanitary ware and bathroom fittings.
•   Damage to kitchen units and fitted wardrobe units.
•   Poor quality wall and floor tiling, leaking waste traps beneath kitchen sinks and failure to connect earth bonding wire to sinks.
•   Loose and damaged handrails to stairs and landings and inadequate head height over stairs.

Roof Void:

•   Inadequate provision of insulation.
•   Poor fire stopping along top of party walls (particularly important in timber framed dwellings).
•   Inadequate ventilation to roof void.
•   Damaged prefabricated truss members and inadequate intermediate support to roof members on traditional cut timber roofs.
•   Tears in felt underlining.
•   Damp ingress at chimneys and failure to adequately seal felt underlining around chimneystacks.
•   Failure to ventilate extractor fans at first floor level directly through the roof void.
•   Leaking pipework from cold water tanks and failure to extend overflow pipes directly out through soffit level.
•   Inadequate provision of insulation on cold water tanks and inadequate lagging on pipework.
•   Non-provision of horizontal and diagonal wind bracing on roof trusses.
•   Missing sleeved cavity fire barriers in timber framed dwellings.
•   Failure to close cavities on gable walls.
•   Undersized timbers for the relevant spans involved.

Building Regulation Issues:

In terms of Building Regulations the following are the main sections of the Regulations, which are quite often not complied with in full:

•    TGD Part B (Fire Safety).
•   TGD Part K (Stairways, Guards & Ramps).
•   TGD Part M (Access for people with disabilities).
•   TGD Part F (Ventilation).
•   TGD Part L (Conservation of Fuel & Energy).

To the untrained eye a number of the items outlined above can easily be missed, hence the importance of engaging the services of a qualified Chartered Building Surveyor.  This will ensure that a detailed snag list is compiled to ensure that all items are fully completed to an acceptable standard prior to occupation of the property.

What is Radon?
Radon is a naturally occurring radioactive gas, which produces tiny radioactive particles. It originates from the decay of uranium, which is present in small quantities in all rocks and soils. It is colourless, odourless and tasteless and can only be measured using special equipment.

Because it is a gas, radon can move freely through the soil enabling it to enter the atmosphere. When radon reaches the surface and out into the open air, it is diluted to harmless concentrations, but when it enters an enclosed space, such as dwelling, it can accumulate to unacceptable high concentrations.

How does it enter a building?
Radon can enter a building from the ground through small cracks in floors and through gaps around pipes or cables. Radon tends to be sucked from the ground into a building because the indoor air pressure is usually slightly lower than outdoors. This pressure difference occurs because warm indoor air is less dense than outdoor air.

What are the Health Effects?
Radioactive gas when inhaled, are deposited in the airways and on the tissue of the lung.  This results in a radiation dose that can cause lung cancer. The risk of contracting lung cancer from exposure to radon depends on how much radon you have been exposed to and for how long. Radon is the second leading cause of lung cancer after smoking.

How can I tell if I have Radon in my dwelling?
The two most common devices used for measuring indoor radon concentrations are the “alpha track detector” and the “charcoal canister”. The charcoal canister is a small container of activated carbon, which absorbs radon. It is exposed in a living area for about a week and then sent to a laboratory for analysis.

The alpha track detector gives a more accurate reading of the average exposure but must be left in place for a longer period, usually three months, to cover the widely fluctuating daily and seasonal variations. The detector consists of a small container, which allows the alpha particles released by the radon to come in contact inside the container with a small piece of a special plastic in which tracks are formed by the radiation striking it. After exposure for the recommended time it is also sent to a laboratory for analysis.

These tests can be carried out by Radiological Protection Institute of Ireland.

What has the Irish Government done to help solve the problem?
The Department of Environment, Heritage and Local Government have published a Technical Guidance Document (TGD) Part C of the Building Regulations outlining certain protection measures to be carried out during the construction of new buildings. A typical example of protection is the provision of a sealed radon membrane and a means of extracting radon from substructure such as a sump with connecting pipe work, which is ventilated to the outside air.

What if I live in an old dwelling?
There are a number of remedial works that can be undertaken to reduce radon levels, these include:

•   Sealing floors and walls
•   Increasing indoor ventilation
•   Increasing under-floor ventilation
•   Positive pressurisation
•   The radon sump (sub-floor depressurisation)

How do I know if I live in a high-risk area?
Radiological Protection Institute of Ireland (RPII) have completed a national survey of radon levels in Ireland, which has identified high radon areas. These areas have been identified on a map of Ireland and can be seen on www.rpii.ie/radon.

For further information refer to the Radiological Protection Institute of Ireland on www.rpii.ie of The Department of Environment, Heritage and Local Government on www.environ.ie.
 

  Due to the recent unprecedented flooding experienced recently many homeowners were left in the unenviable position of not knowing which way to turn. The Irish Times approached McGovern Surveyors to do a short piece to outline the steps a homeowner should take in dealing with their flooded property and subsequently their insurance company. Below is the link to this article:

  http://www.irishtimes.com/newspaper/property/2009/1217/1224260826302.html

Our Managing Director, Pat McGovern spoke recently at the annual conference of the Irish Property and Facility Management Association. The event was reported on the following day in the Irish Times. 

Pat’s comments were, in the most part, around the difficulty in getting builder’s to complete snagging works on multi unit developments.

The article can be viewed online at the Irish Times website.

The greatest cause of dampness in the modern home is condensation.  Condensation occurs when moist air comes in contact with a cold surface e.g. a single glazed window or an uninsulated solid wall.  When warm air, which can hold more water vapour than cold air, comes in contact with such a cold surface it gives up some of its moisture as condensation on that surface.

Take the attached example, a north-facing bedroom in a pre-war cottage where a living room was converted to a bedroom.  The dampness here is caused due to a lack of permanent ventilation to the bedroom and an uninsulated solid concrete wall.

There are a number of gradual steps this house owner can take to eliminate the problem:

1. Lack of ventilation:  The room has a boarded over fireplace and this fireplace could be vented to the outside to include cleaning the flue, providing a vent at original fireplace level and capping off the chimneypot to prevent rain penetration but still maintaining a through flow of air to the flue.  This is the cheapest method of reducing condensation in this case.
2. If option 1 does not work or only partially works the owner will then need to consider improving the insulation of the wall.  This can be done by drylining the wall internally.  It is slightly more disruptive as a radiator will have to be repositioned and all skirting boards, window cill boards and ceiling covings need to be reformed.

Where does the mould come from?

Mould appears as spots or small patches, which may spread to form a furry layer, dark in colour.  The three conditions necessary for mould to grow are:

1. A source of infection - The spurs are freely available in the air and can be found in any building.
2. A source of nourishment - Dust and grease provide the nourishment required and the amount needed is very small and as a result all surfaces will sustain growth.
3. A damp environment - Relative humidity greater than 70% will result in widespread growth.

Cleaning the wall

The wall must be washed down with a suitable fungicidal wash to remove the mould prior to redecoration.  This is merely a cosmetic approach and will not provide a cure until the overall problems of ventilation, insulation and in some cases improved heating are addressed.

Most tenants’ hold their premises under a full repairing and insuring (FRI) lease and for the most part, are unaware of the significance of the repairing clauses they have committed to.

In commercial leases the repairing covenant is usually split into a number of separate clauses:

• the basic obligation to repair.
• a separate obligation to redecorate periodically.
• a covenant to yield up in repair.

Generally this means keeping the building in repair i.e. in good tenantable condition. A tenant is bound to keep the property of the landlord in ‘substantial repair’, but is not bound to do ‘mere ornamental repairs’.

It is very important that the tenant reads the lease as a whole and not to read any one clause in isolation from the rest of the lease. The tenant should obtain legal advice before entering into any lease arrangement and the premises should also be inspected by a Chartered Building Surveyor.

What typically should a tenant be concerned about in terms of their repairing obligations?

During the term of a lease, a landlord can serve a ‘Schedule of Dilapidations’ on a tenant, which is essentially a notice to repair. The Tenant must now decide what their obligations are under the terms of the lease.

Take the roof which is always a significant element of repair both in terms of cost and disruption to the day to day running of the business should it happen to fall into disrepair. The big issue for a tenant is how far he/she should go in repairing the landlords building. E.g. a flat roof covered with asphalt that is leaking.  A tenants approach to this repair will differ significantly, depending on whether the schedule is an interim situation served perhaps midway through the lease or a terminal situation at the end of the lease period.  The only obligation on the tenant is to repair, so technically going up with a bucket of bitumen and a trowel will comply with his repairing obligations.  However, this will necessitate annual/ongoing maintenance and the risk of increased water damage to the interior is obvious.  A prudent tenant will choose to overlay the roof with a torch-on felt giving them perhaps a 15-20 year repair.

In the case of a terminal schedule, the landlord may not be happy with such a patch repair.  He may not even want to accept a torch-on overlay and insist on an asphalt renewal. However, the obligation on the tenant is to repair and the difficulty for the two surveyors acting for the tenant and the landlord is to agree on a satisfactory acceptable solution.  Very often a monetary contribution towards the cost of replacing the roof is agreed on.

Another example is blemishes to cladding:  A surveyor can argue that this is not disrepair.  It is a blemish only, which is not having any detrimental disrepair affect on the building.  If does not affect the landlords reversionary interest and there is no loss.

The Role of the Surveyor

So how does a surveyor set about to advise a client where there are failures by a landlord or tenant to comply with their legal obligations to repair, decorate or reinstate alterations.

There are four basic steps a surveyor should consider:

1. Clarify the instruction by issuing terms and conditions of engagement and advise on the likely fee. Be clear on whether or not it is an interim or terminal schedule that is required.
2. Ensure you as surveyor have no conflict of interest with either the landlord or tenant. 
3. Seek all relevant documentation relating to the tenancy/lease agreement, ingoing schedule of condition, licences or consents issued during the tenancy.
4. Before going to site, be fully aware of the extent of the demise and the level of repairing obligation, e.g., is it a full repairing and insuring lease or is it confined to the interior only or particular floors within the building.

Doing the Works v Damages

When a landlord serves a Schedule of Dilapidations on a tenant, they generally have 2 options:

1. Physically do the repair works themselves.
2. Damages i.e. agree on a monetary settlement to cover the cost of the landlord executing the works.

Most tenants when running a business don’t have the time or resources to physically get the repair works done so the most common approach (and often the most expensive) is to pay a sum of money to the landlord.  This is usually agreed between the landlords and tenant’s surveyor.

A prudent tenant will have a sinking fund in place to cover the settlement of such a dilapidations claim.  But how do they know how much to set aside.  All leases are for a fixed term, so if a tenant’s financial advisor knows that a lease is coming to an end in five years, they can employ the services of a Chartered Building Surveyor to prepare a ‘Schedule of Anticipated Dilapidations’ and have these costed.  This schedule will obviously be subject to negotiation with the landlord’s surveyor and his estimate of the cost of the claim.  However, it will give a tenant a good indication for their exposure under the terms of the lease and a sum can be set aside each year to cover the anticipated claim (sinking fund).  Most surveyors acting for a tenant in this capacity will slightly over state the claim so hopefully there should be some money left over once the dilapidations are agreed with the landlords surveyor on termination of the lease.

Precautions a Tenant can take.

The tenant should carry out annual maintenance on the building to ensure it is maintained to a reasonable standard.  If this is not being done then a Chartered Building surveyor should be employed to assess the buildings condition, prioritise repairs and prepare a planned maintenance programme over a three, five or ten year period.  In this document works will be prioritised and routine day-to-day maintenance will be scheduled in at the appropriate times.

Prior to signing a lease, a tenant should consider an ingoing schedule of condition.  The purpose of such a schedule is to record the condition of the property at a particular moment in time, i.e. at the signing of the lease.  The usual purpose of the schedule, which should be agreed between both parties and then attached to a lease, is to modify or clarify the repairing obligations.  The idea being that the tenant is not obliged to put the building back into any better condition than that existing at the commencement of the lease.

Surveyors must take care not to put a ‘spin’ on the schedule and it should be just an evidential record.

Services such as heating, lighting, ventilation and air conditioning are an important consideration as these can represent up to 40% of the costs of maintaining a property.  If opening up works are necessary, then this should be undertaken, e.g. suspected timber decay.

In Conclusion, as Landlord’s seek to maximise the return on their investment, tenants are coming under increased pressure to keep their premises in good condition. They must be aware of their repairing obligations under the terms of the lease and prepare financially for this inevitable outcome.

Since the 1st February 2009 there has been a tightening of Regulations relating to rental properties. The new Regulations, Housing (Standards for Rented Houses) Regulations 2008 have replaced the earlier 1993 Regulations and they place a more onerous obligation on landlords to provide tenants with a property that is properly heated, maintained, structurally sound and waterproof.

Where a property has been let at any time from the 1st of September 2004 to the 31st January 2009 it will be deemed to be an “existing tenancy” for the purpose of the Regulations and many provisions in the regulations will come into immediate effect.

Other aspects will however be introduced on a phased basis in order to allow landlords time to make remedial improvements, which could necessitate significant refurbishment works and, consequently, significant capital investment. These aspects will not come into force until February 1st 2013 and includes those items dealing with sanitary facilities (Article 6), heating facilities (Article 7) and food preparation, storage and laundry (Article 8).

Landlords should however note that all provisions of the new regulations will be applicable immediately for any rental properties being let for the first time after the 1st February 2009.

Overall the Regulations have a number of key features which includes the following:

• Structural Condition: All houses must be in a proper state of structural repair which essentially means sound with roof, floors, ceilings, walls and stairs in good repair and not subject to serious dampness or liable to collapse because they are rotted or otherwise defective.
• Sanitary Fittings: They should be provided within the habitable area of the rented accommodation for the exclusive use of the house, a water closet with dedicated wash hand basin adjacent with a continuous supply of cold water and a facility for the supply of hot water and a fixed bath or shower with continuous supply of cold water and a facility for the pipe supply of hot water.  Furthermore the sanitary facilities are required to be maintained in good working order, have safe and effective means of drainage, be properly insulated and secured, have minimum capacity requirements for hot and cold water storage facilities and be provided in a room separated from other rooms by a wall and a door and containing separate ventilation.
  
  In effect, this will result in the phasing-out of the traditional “bedsit”, where sanitary facilities are shared between different rental units.
• Heating Facilities: Every room within a rented dwelling intent for use by the tenant of the house as a habitable room shall contain a permanently fixed appliance or appliances capable of providing effective heating, should be suitable and have adequate facilities for the safe and effective removal of fumes and other products of combustion to the external air, the operation of any heating appliance should be capable of being independently managed by the tenant.
• Food Preparation & Storage: Every rented dwelling within the habitable area of the house for the exclusive use of the house shall have a four ring hob with oven and grill, suitable facilities for the effect and safe removal of fumes to the external air by means of a cooker hood or extractor fan, fridge and freezer or fridge-freezer, microwave oven, sink with hot and cold supply, suitable presses for food storage, washing machine or access to a communal washing machine, where the house does not contain a garden or yard for the exclusive use of that house a dryer, and again all facilities in regards food preparation and storage and laundry should be maintained in good working order and good repair and responsibility for maintenance rests with the landlord.
• Ventilation: Every room within the rented dwelling used or intended to be used by the tenant of the house as a habitable room shall have adequate ventilation and all means of ventilation shall be maintained in good repair and working order. Furthermore under this article adequate ventilation should be provided for the removal of water vapour from kitchens and bathrooms.
• Lighting: Again the landlord is responsible for every room or intended for use by the tenant that it should have adequate natural lighting.  Every hall, stairs and landing within the house and every room used by the tenant of the house shall have a suitable and adequate means of artificial lighting and the windows of every room containing a bath shower, shower or water closet should be suitably and adequately screened to ensure privacy.

There are also provisions in relation to fire safety requiring fire blankets, smoke alarms and the Regulations also set out the requirements in relation to multi-unit buildings that these have a mains wired smoke alarm, a fire blanket and an emergency evacuation plan. The Regulations are also more stringent than the 1993 version as emergency lighting is now required which should be linked to the fire alarm system and should be provided in all common areas within a multi-unit building.

Further provisions relate to refuse facilities and the supply/maintenance of electricity of gas.

There are a number of specific exemptions to the regulations, which include holiday homes, accommodation provided by the HSE or an approved body containing communal sanitary, cooking and dining facilities. This kind of accommodation usually houses people with disabilities or the elderly and provides support for people with special needs who require assistance to live in the community, demountable (e.g. mobile homes) housing provided by a housing authority. 

Protected structures were previously covered by the 1993 regulations and will continue to be required to meet the requirements of the new regulations. The owner or occupier of a protected structure is entitled to ask the planning authority to identify works that would, or would not, require planning permission in the case of their particular building. Landlords will be advised to contact the conservation officer in the local authority for advice when considering undertaking works.

Landlords now need to be aware of their responsibilities under these new Regulations, as there are quite stringent enforcement procedures. If upon inspection a property is found to be inadequate in any respect, then the local authority can sanction the offending landlord and can even prosecute in the district court.

As Chartered Building Surveyors Pat McGovern Associates are ideally placed to advise landlords in all respects of the new Regulations from the preparation of Specifications, Schedules of Work, tendering and procurement.

This article does not constitute legal advice.

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