Anderson Wilde & Harris

Anderson Wilde & Harris are a multi-disciplinary practice of Chartered Surveyors and Architectural Consultants based in London, with representation across the UK and overseas. We provide independent and creative advice on matters of value, structure and design.

Our clients are purchasers, investors, owners and occupiers ranging from international institutions to private individuals. We deal with residential, commercial and industrial property on a daily basis and have expertise in a diverse range of specialist property types.

Homebuyers surveys & valuation

Most people who own their homes, up to 90%, have never had a survey. They often rely solely upon a Mortgage Valuation Report believing that it is a survey. This regrettably is not the case. The mortgage valuation is most limited in scope and inspection and hence in advice.

There are three types of inspection:

• Homebuyer's Survey and Valuation
• Mortgage Valuation Report
• Building Survey

Rights to Light

As a property owner you can acquire a legal right to a certain amount of natural light.

In your home, just over half the room should be lit by natural light and about half the room in a commercial building. Broadly speaking, the minimum standard is equivalent to the light from one candle, one foot away. So how do you know whether or not your right to light is being affected, and if you think it is, what can you do about it?

What is a 'right to light'?

A right to light may be acquired by 'anyone who has had uninterrupted use of something over someone else's land for 20 years without consent, openly and without threat, and without interruption of more than a year.'

Your right to light is protected in England and Wales under common law, adverse possession or by the Prescription Act 1832. If a new building limits the amount of light coming in through a window and the level of light inside falls below the accepted level, then this constitutes an obstruction. Unless you waive your rights you are entitled to take legal action against your neighbour.

Any kind of 'development' can potentially block the light coming into your home. For instance:

• A neighbour's new shed
• Garden walls
• Extensions
• Part of a new housing or commercial development.

Party Walls

What you need to know.

Party walls are the walls you share with your neighbours. Owners of property and landlords need to know their rights and responsibilities.

Party Wall?

Semi-detached and terraced house share walls with their neighbours. We call these party walls. They separate buildings belonging to different owners.

Where there are different sized buildings, the part that is used by both properties alone is considered to be a party wall. The rest belongs to the person on whose land it stands.

If you want to develop, repair or alter -

You must serve notice on your neighbour and obtain your neighbour's agreement before you can start.

Works such as:

• Extensions
•  Damp proofing works
• Some internal refurbishment
• Structural alterations require a notice.

In some of these cases this arises because you are excavating or constructing foundations for a new building within three or six metres of neighbouring properties.

Dilapidations

What are dilapidations?

Dilapidations are breaches of covenant to repair a building contained in a lease. Such breaches can take many forms, but a leaking roof or a broken window are two obvious examples. Dilapidations are often wrongly considered by tenants as insignificant in comparison with rent, rates and service charges when they are seeking new premises. However, the liability to repair can have serious financial implications and therefore the tenant must seek advice of a Chartered Surveyor on opportunities to avoid, limit or mitigate dilapidations before entering into a lease, or when a schedule of dilapidations has been served upon him.

Types of schedules and tactics

Where disrepair occurs, the landlord may serve a Schedule of Dilapidations upon the tenant. The form of schedule is partly dictated by the time at which it is served. A schedule served during the currency of a lease is an interim schedule, unless served within the last three years of the term when it is a terminal schedule. A schedule served at or after the end of a lease is a final schedule of dilapidations. The first two forms of schedule differ significantly from the third. An interim or terminal schedule specifies both the disrepair alleged by the landlord and the remedial works which the landlord requires the tenant to undertake. However, while a final schedule will also contain the alleged breaches of covenant and details of remedial work required, the tenant will have no option to actually carry the works out since its right of occupation will have ended with the lease. Therefore, the landlord's remedy in respect of a final schedule is a claim for damages which will include not only the cost of remedial works, but also loss of rent, service charges, rates, professional fees and VAT for the period during which the property cannot be occupied as a result of the disrepair.