Dilapidations – Brief Guide

A dilapidations claim is an allegation of breach of contract and as such is actionable in law.

When do you need advice?

Before you take a lease, you need to understand the condition of the property and what your obligations are during the lease and more particularly at the end of the lease. You may benefit from having a Schedule of Condition attached to the lease so that you have a bench mark of the buildings condition at the commencement of the lease, this can reduce the level of a claim significantly.

During the Lease, some Landlords will inspect the property during the term of the lease and may serve what is known as an interim schedule of dilapidations.

At the end of the lease, most Landlords will issue a claim before the end of the lease usually about three months before, this is referred to as a terminal schedule of dilapidations setting out what the Landlords Surveyor assesses as your obligations under the lease. You have an opportunity to rectify such breaches of your obligations but after the end of the lease a cash settlement is the only means of settling the claim should it be justified.

The claim will normally be set out under various headings such as:

  • Repairing costs
  • Decorating and cleaning costs
  • Reinstatement of alterations
  • Statutory obligations
  • Recovering of Surveyors fees
  • Recovery of legal fees
  • Loss of rent and any service charges etc

Response, the Tenant must respond to the claim within a reasonable time usually 56 days

The Schedule, this would normally take the following format (example)

Schedule of Dilapidations Streamside, Robin Hood Way, Nottingham

Item No Clause No Breach complained of Remedial works required Cost (£)
1 4(6)a Floodlighting is provided within the planting area Renew 4No. floodlight fittings and check switchgear and wiring 2,600
2 4(6)a Car parking and hardstanding to east of the north wing. Precast concrete paving slabs to paths adjacent to building. 30No. slabs cracked and broken. 50No. are displaced and uneven Take up and dispose of damaged slabs. Lay new slabs to match existing. Take up and re-lay uneven and displaced slabs 1,800

The schedule would normally be extended to form a Scott Schedule for negotiation purposes.


T: 0191 419 1900 washington@csnconsulting.co.uk

Adopting a pro-active rather than reactive approach to building maintenance is essential especially in these current times of austerity.

It is essential for owners and occupiers whether freehold or lease hold to review and plan maintenance work as this will help prolong the life of a building and maintain the asset value of an investment. Reactive maintenance will undoubtedly prove costly, untimely and therefore CSN provide bespoke planned maintenance surveys with the view of avoiding unexpected costs by allowing you to budget for preductable works and hopefully saving you money.

Our typical maintenance schedules will identify and quantify a defined programme of works planned maintenance over 5, 10, 20 (or more) years which can highlight specific items of major repair works, including asbestos testing in Montreal. This will also highlight any items of repair that can be undertaken in concurrence to save cost together with any disruptive work which can be phased to minimise disruption to the occupiers.

This survey is particular indispensible if you plan on undertaking maintenance to a number of properties within a portfolio or you have a pre exiting plan in place and simply want to tighten maintenance costs.

Our Planned Preventative Maintenance Schedules will offer you peace of mind ensuring no items of unexpected future major expenditure to your property.

Where do you start when you have a project in mind? Are your ideas feasible and cost effective? A feasibility study or appraisal provides an invaluable start with any proposed building works.

CSN Consulting can provide expert advice to support you when considering any refurbishment project. A typical feasibility study will include an outline specification of works, budget costs, a preliminary programme and option drawings all of which can be re-evaluated as the design proposals develop.

The report will also include and provide early advice on all potential factors such as compliance with the Planning, Listed Building and Building Regulations, Party Wall matters and such like all of which can influence the feasibility of a scheme and options available. It will also highlight the need for appointing other consultants such as mechanical, electrical or structural engineers for specialist elements of work depending on the nature of the scheme

Our report will provide you with a tangible document and cost information to make a decision and determine if a scheme is feasible or not. This is a very useful tool for commercial clients or representatives which you can present to your investors, funding boards, finance mangers and the like.

Following feasibility stage , CSN can thereafter if instructed take the project forward, to undertake all Pre Contract Services and Contract Administrator duties on site.

See our Architectural Design Service for further details

Within England and Wales, the Party Wall etc Act 1996 provides a method for preventing and resolving disputes between owners of neighbouring properties when construction work or excavations are being carried out along or near the boundary between premises.

The Act places a duty on the Building Owner to service notice on an Adjoining Owner to inform them of their intentions and to provide details of the work to be carried out.
If upon receiving the notice, the Adjoining Owner fails to respond or dissents from the work a dispute is said to have arisen. Once a dispute has arisen, each owner must appoint a Surveyor who will then prepare a Party Wall Award to reach an agreement on what, how and when the work will be carried out. The Award will also specify who will be responsible for the cost of the work.

CSN Consulting regularly act as Party Wall Surveyors for both Building Owners and Adjoining Owners on construction projects which range from small domestic extensions to large multi-million pound commercial developments. Previous clients have included Nexus, Newcastle University, Metnor Group PLC, Newcastle City Council and Newcastle upon Tyne Hospitals NHS Trust.

The introduction of the Fire Safety Order 2005 within England and Wales replaces and amalgamates previous fire safety legislation to impose a duty on “responsible persons” to carry out a fire risk assessments of the premises and ensure it is regularly reviewed.

Where the premises are licensed, or where five or more persons are employed, the responsible person must maintain records of assessments made and measures taken.
CSN have carried out fire risk assessments on behalf of responsible persons where the responsible person feels they are not competent to carry out the task themselves. Premises previously inspected include office buildings, higher education premises and the communal areas of large multi-tenanted residential developments.

We have also previously carried out fire risk assessments of hospital premises on behalf of local health authorities to the standard prescribed within Health Technical Memorandum No 86.

The introduction of the Construction (Design & Management) Regulations 2007 replaced the previous 1994 regulations and introduced the role of the “CDM Co-ordinator”.

The CDM 2007 Regulations impose certain duties on all parties who have an involvement with any construction project within the UK to ensure health and safety is considered throughout all stages of a project.

For all non-domestic construction projects likely to involve more than 30 days or 500 person days of work, the client has a duty to appoint a suitably competent person to perform the role of the CDM Co-ordinator.

CSN Consulting LLP have acted as CDM Co-ordinator for a wide range of projects including, demolition, refurbishment and new build schemes. As CDM Co-ordinators we provide advice and assistance to clients to ensure suitable co-ordinated arrangements are implemented while planning and preparing for the construction phase. Other duties also include notifying the Health and Safety Executive, ensuring the relevant information is provided to all parties, ensuring all designers comply with their duties under the Act and also to ensure co-operation between the Principal Contractor and all Designers during any onsite changes.

As CDM Co-ordinator we are also responsible for collecting information about the project which is likely to be relevant during the future use and maintenance of the building. This information is provided to the building user in the form of the Health and Safety File.

We act for the Landlord’s in relation to preparing schedules of dilapidations to be served on an outgoing tenant prior to the end of a lease. The schedules are prepared in accordance with RICS guidance to comply with the relevant legislation and lease covenants.

We also act for Tenant’s who need to respond to dilapidations schedules that have been served upon them by the Landlord.

Some Tenant’s require an assessment of there future liability so they can budget for the future should they wish to end the lease, we offer a bespoke assessment that sets out the potential breaches of the lease and the costs that are likely to be tabled should the works not be undertaken by the Tenant.

Schedule of Condition

Similarly Tenants will often seek to limit their liability for potential dilapidation costs (always good practice) on a new lease by incorporating into the new lease a detailed Schedule of Condition prepared by ourselves and thereby limiting their repairing liabilities to be no better than existing at the lease commencement.

The purchase of any property involves considerable outlay, and an accurate knowledge of the structural and general condition of the premises is central to any decision to purchase.

Our Practice carries out Building Surveys on all types of property, from the small Terraced House to imposing Historic Buildings, Factories, Offices and Industrial Buildings.  Defects, or potential defects, are carefully examined and the cost of putting them right assessed.

The quality of past maintenance and the need for future maintenance has to be considered and items needing urgent attention identified.

Once the various defects are identified and costed they can be taken into account in relation to the proposed purchase or rental.

Often considerable savings can be made on the actual purchase or lease and a Client also made aware of future problems.

Specific defect reports can be prepared in response to a clients concerns or upon any issues raised in the course of a bank or building society mortgage valuation. Detailed advice will be provided in regard to the area of concern including recommendations for any further investigations, appropriate remedial works and costs. Where appropriate clients will be advised if any insurable peril is present.

We also routinely prepare detailed “snagging” lists for clients purchasing new build property.

Front Elevation

Front Elevation

Scope of Works

  • Pre acquisition survey to the original college building dating from 1910 prior to re-development and conversion to apartments on behalf of Taylor Wimpey.

    Completion Date: April 2007

    Front Elevation

    Front Elevation

    Front Elevation

    Front Elevation

    Rear Elevation

    Rear Elevation

CSN Consulting continue to advise private, commercial and government authorities on the refurbishment of their buildings providing a full in house package whether it is for simple alterations, a more complicated refurbishment or extension or a completely new building we can advise on all stages from inception through to completion.

We have developed considerable experience in designing and managing building works.  Modern technology and access to online legislation and documentation allows us to efficiently prepare detailed schemes for submission and approval of the local authority.

Recent legislation has meant that specialist services are often required to supplement the traditional architectural package.  On some projects there is a need for a Party Wall Surveyor, CDM Co-ordinator or Disability Auditor, all of the services are provided in house.

Conservation of derelict agricultural buildings to provide new uses requires particular expertise, something that has been developed by CSN Consulting for many years.  Take a look at our projects for examples of the work we undertake.

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