All four Partners at Hamilton Darcey tell us what their most frequently-asked question is and provide us with the all-important answers.

As a chartered building surveying firm, we are expected to be experts across a wide range of subjects and we answer queries from managing agents, landlords and leaseholders on a daily basis. In order to give examples of this we asked each of our Partners to provide brief answers to one of the questions they are asked most often…

Toby Bowser

Why should we spend money on professional fees for major works?

In our experience, omitting professional fees from a major works project can often be a false economy. Professionals can undertake pre-construction investigations to get to the bottom of issues with a block. 

They can then inform the most appropriate course of action, leading to cost certainty for a project. It also means works are correctly specified and not over-engineered. It is often the case that the more information provided to contractors at tender stage, the more competitive and comprehensive the contractor’s tender return will be.

Employing a Contract Administrator as part of your professional team will ensure that a fair tendering process is undertaken. As the administrator of the contract it is their job to ensure that the correct contract is selected to provide the client with adequate protection and that payments are only made for works actually undertaken.

Ben Jeanes

Why do I need a Licence to Alter?

A Licence for Alter is required when carrying out alteration works to your flat and is dependent on the type of work and the conditions of the lease.  A Licence document is provided by, or on behalf of, the landlord and gives permission to carry out the alteration works.

If a leaseholder has begun works without permission a landlord may apply to court for an order that could stop them carrying out the works and reinstate the property. 

This may be accompanied by a claim for damages. However under The Landlord and Tenant Act, permission should not be unreasonably withheld.

Whilst seeking permission for alterations through a Licence may seem like a daunting and costly prospect, the ramifications of carrying out works without a Licence will likely be more stressful and expensive.

Chris Cooper

I have received a Party Wall Notice, what does it mean and what should I do?

A Party Wall notice is served when certain works are proposed that are ‘notifiable’ under the Party Wall etc. Act 1996.

The purpose of the Act is to allow the person undertaking the works to proceed without delay, whilst providing the neighbour’s property is properly safeguarded from unnecessary damage or inconvenience.

When receiving a notice, it is important to understand what the proposed works entail and their implications, so your property is not adversely affected in both the short and long term.

A competent Party Wall Surveyor will be able to review the proposals and provide advice. A Surveyor will need to be appointed within 14 days from receiving the notice and if you do not reply, you will then be given a further 10 days to appoint one or a Surveyor will be appointed to act on your behalf. Any reasonable fees incurred are covered by the person undertaking the works.

Fiona Togher

Do I need planning permission to change the windows in my flat?

As a general rule you should not need planning permission if you are fitting windows which are identical, like-for-like replacements. However, if the new windows are a different size, style or material to those you are replacing you may need to apply for planning permission.

You should contact your local planning authority, as rules differ from council to council. There is no standard rule for this.

If your flat is in a conservation area the above advice applies, unless your proposals involve an element of demolition, then you may need to apply for planning permission.

If your flat is in a listed building, it is very likely you will need listed building consent and no works should be carried out before contacting the local planning authority for advice or obtaining the relevant consent.

At Hamilton Darcey we pride ourselves on our depth of knowledge across a wide range of subjects relating to residential block management. Each of our Partners has areas of particular interest and expertise, meaning we are able to provide expert advice to suit individual needs.