Budworth Hardcastle specialises in providing independent and impartial property and construction adviceWe have experience in a range of property sectors including offices, industrial, healthcare, retail, education and residential developments.
Our building consultancy and projects team is totally portable in terms of geographic coverage throughout the UK.
We work with developers, investors, landlords, commercial/industrial owner-occupiers and tenants to provide high-quality, result-focussed advice. Our chartered building surveyors and project managers will provide you with the experienced input you require in relation to due diligence for a freehold or leasehold acquisition, or for a new-build project, plus advice for fit out, maintaining, redeveloping, remodelling, refurbishing or demolishing property or when dealing with dilapidations obligations when exiting a lease.
Access AuditsMore details
Budworth Hardcastle can provide access audit advice to assist duty holders in complying with the Equality Act. If building alterations are potentially required ensuring these are "reasonable adjustments" is key to finding cost-effective solutions.
Building SurveysMore details
From single asset to portfolio acquisitions, we can provide tailored building surveys to suit your specific requirements, including coordination of other specialists where required, such as:
- Mechanical and Electrical (M & E) Condition surveys
- Geo-environmental reports
- Flood risk assessments
- Asbestos surveys
- Intrusive structural sampling and investigations
- Below ground CCTV drainage inspections
- Fire risk assessments
- Measured surveys (in AutoCad format)
- Topograhical (site level) surveys (in AutoCad format)
- Building insurance reinstatement cost assessments
A survey undertaken by us can advise/report on a range of matters from condition of building fabric elements (highlighting defects and remedies) to major future maintenance liabilities, implications for occupation and the need for any specialist investigations.
Typically, our clients instruct us to carry out building surveys during freehold or long leasehold acquisitions. Likewise, Schedules of Condition are required from clients securing leasehold space on either an internal repairing or a full repairing and insuring basis.
Schedules of ConditionMore details
Schedules of Condition record the condition of a leasehold property at a given point in time. By having this prepared, attached to and cross referenced in a new lease it can protect tenants against becoming liable for pre-existing problems when entering into a new property lease. We can undertake detailed inspections of buildings, producing comprehensive Schedules of Conditions, agree the content of the documents with other parties' advisors and liaise as necessary with your own solicitors.
A well-prepared schedule of condition can potentially save a tenant thousands of pounds in future years, particularly at the point of lease termination or operation of a lease break whereby a typical lease will require the property to be reinstated and left in repair with landlords usually serving a formal Schedule of Dilapidations (sometimes colloquially referenced as Delaps or Delapidations) inclusive of a Financial Claim. Without an agreed Schedule of Condition such a claim will typically be higher and contain more onerous requirements for repairs.
Dilapidations and Lease Exit Strategy For TenantsMore details
Acting for both landlords and tenants, we provide proactive, result-driven strategies on how best to manage dilapidations issues, both during a lease (interim dilapidations) and in relation to a lease at expiry (terminal dilapidations). This includes advice regarding lease break options which may be conditional on repair, reinstatement, decoration and other lease obligations being compliant. Businesses which are not represented have the potential to be exposed to substantial claims.
As tenant, for accounting purposes it may be required to have an estimate of potential dilapidations liability three to four years before the end of a lease and it is often sensible to be prepared sooner rather than later. We can provide such estimates in most formats required.
Budworth Hardcastle can advise you on how best to mitigate your liabilities as a tenant; reviewing the lease versus the physical property, managing specification, tendering and implementation of repairs, and/or handling negotiations. We can also advise on technical validity of the claim and aspects such as "suppression", which may, where a landlord proposes certain future works, reduce the dilapidations claim.
Likewise, we can advise on the implications of dilapidations Protocol and legislation including Section 18 of the Landlord and Tenant Act 1927. Usually the cap to any claim for dilapidations is limited by the "diminution in the landlord's reversion" and a landlord cannot claim a cost of works which is more than the actual loss that would be suffered taking into account market letting conditions, nature of the building and surrounds. When necessary, our in-house RICS Registered Valuers can provide Section 18 Valuations or Diminution Valuations to assist both landlords and tenants.
While it cannot be guaranteed on every occasion, we have regularly negotiated savings for tenants in excess of 50% of the original landlord dilapidation claim. We have also successfully organised relevant repair works in order to minimise dilapidation claims and associated claims for loss of rent etc. Our results speak for themselves and we would be happy to discuss your specific situation and potential tactics with you.
Dilapidations - LandlordsMore details
We provide the proactive approach required to obtain successful results for landlords. The procedure when acting for you as landlord usually involves:
- Careful study of the specific lease clauses including repairing, decoration, yielding up covenants.
- Detailed survey of the building to establish its condition and preparation of an interim, final or terminal Schedule of Dilapidations.
- Review the proposed intentions for the property at the end of the tenancy to establish correct method of claim assessment based upon cost of works or diminution of value in accordance with Section 18 of the Landlord and Tenant Act 1927.
- Liaison with solicitors for formal service of the Schedule of Dilapidations in accordance with established dilapidations protocol.
- Required document disclosure and negotiation with the tenant to negotiate a fair settlement where common ground can be found. In the event of civil proceedings, preparation of the necessary submissions and provision of expert witness services as required.
We will always provide detailed Scope of Service and fee estimate prior to commencement of professional advice. When necessary, our in-house RICS Registered Valuers can provide Section 18 Valuations or Diminution Valuations to assist both landlords and tenants.
Whether it be an interim, final or terminal dilapidations matter, our results speak for themselves and we would be happy to discuss your specific situation and a potential strategy with you.
Project MonitoringMore details
Acting for banks, funds and tenants we provide independent risk assessment and monitoring through a project protecting our clients' interests throughout. This typically includes our review of specification and building contract documentation, the relevant statutory permissions and the intentions for building use and fit out to ensure the scheme meets the intended criteria.
We offer a proactive, practical approach including monitoring inspections of physical works to review progress and quality, attend site meetings to represent your interests and review the relevant completion documentation to ensure relevant certification is handed over.
Building Cost Reinstatement AssessmentsMore details
We regularly undertake Building Cost Reinstatement Assessments, historically typically referenced "fire insurance valuations", based upon full site inspection for a wide range of building types. [Crofton Place Portfolio being done now - good spread of properties for scrolling photos]
These assessments are usually required at regular intervals to comply with insurance policies and to reduce the risk of a party being underinsured.
Demolition WorksMore details
Whether it be to facilitate a new-build scheme, reduce Empty Rates Liability or enable remodelling of an existing building, we have in-depth knowledge of organising and competitively tendering demolition projects.
We can deal with wider process where necessary, including organising specialist ground reports, ecology reports / environmental surveys, asbestos reports, measured and topographical surveys, or Party Wall Act investigations.
We can prepare the Section 80 Notice for submission to the local authority as well as the Prior Notice of Demolition.
We are also experienced in reviewing the suitability of contractors and managing them on site.
Planned MaintenanceMore details
We are able to provide budget projections for future expenditure for property owners or occupiers who have maintenance and repair obligations (including with regard to Dilapidations).
We can provide advice on the existing condition of a property and its future maintenance liabilities. We are experienced in reviewing the effect on overall life-cycle costing relevant to maintenance and can review the cost of maintenance works now against future maintenance/replacements costs in order to match the anticipated building life and expenditure. We can also prepare a Planned Maintenance Programme (PMP) and can identify and organise preventative (cost-effective) maintenance works.
Party WallsMore details
Acting for private and commercial building owners or adjoining owners, we are able to act as surveyors in accordance with the Party Wall Etc Act. We understand the need to undertake either role impartially in accordance with Act's requirements but to implement the procedure and formal Notices in a diligent manner. We also understand the Act can have major consequences for development projects and can assist developers and contractors in complying with the Act.
Where necessary we can also organise measured and topographical drawings, ground reports and structural engineering input to enable detailed review.
Project Management / Employers AgentMore details
Our proactive and impartial advice is focussed around protecting our clients' interests whilst working in a non-confrontational, collaborative manner with the wider professional and contracting team. We recognise that a successful project needs the support of all involved - from site operative, to foreman, to sub-contractors and suppliers, to the professional consultants and client representatives alike.
On larger projects we act as either project manager or employer's agent; this involves competitively tendering and co-ordinating the design team professionals and providing strategic advice to our clients on all construction issues from project inception to completion.
For design and build projects we can prepare the Employer's Requirements package (documentation containing the contract conditions, site information, health and safety information, warranty requirements and building specification). We can manage the process of competitive tendering, administer the contract and deal with day-to-day matters with the principal contractor when on site to help ensure successful delivery.
We typically act for both owner occupiers and developers on shell builds through to turnkey built-to-suit schemes.
Contract AdministratorMore details
For minor works and traditional refurbishments/maintenance schemes we offer a Design and Contract Administration Service, producing specifications, schedules of work and drawings for tendering together with the appropriate contract documentation. These skills are often used on behalf of private clients, investment fund clients and banks to appraise building work, monitor its progress and authorise payment.
Space Planning & DesignMore details
We specialise in providing impartial advice that enables you to consider whether a target property for relocation will meet your spatial requirements or indeed whether your existing premises can be remodelled to suit.
We will take the time to understand your business and operational needs, branding and ethos. We can work with you to provide flexible and innovative interior layout solutions to suit your needs and design requirements. As part of this we can undertake a review of existing furniture and storage systems to help you consider whether this will suit a new layout or property.
We can organise CAD (Computer Aided Design) plans and 3-d visualisations to assist your understanding of what can be achieved and the options available. We can then also specify, competitively tender and manage the fit out works or remodelling scheme to suit your timescale requirements. This can include all aspects of CAT A and CAT B fit out works, including: ceilings, flooring, lighting, air conditioning, partitioning, IT network cabling, audio visual connectivity and furniture.
Measured SurveysMore details
Measured surveys can be produced to provide dimensional information on land or property or as a preliminary service before the start of building work to assist with space planning and refurbishment. Our measured survey drawings are produced in industry standard AutoCad format and can be issued electronically in various formats or in hard copy.
CDM RegulationsMore details
Most construction work requires the appointment of a Principal Designer to ensure that health and safety is considered throughout the design and construction process. We are experienced in this role and are Registered Members of The Association of Project Safety.
As part of this role we can take a proactive involvement in ensuring the Pre-Construction Health and Safety Information pack is co-ordinated and that a Health and Safety Plan governing the conduct of the works on site is complied with.
We can ensure that notification to the HSE via an F10 form is properly executed when the construction project requires such notification (broadly if it lasts longer than 30 days and it will have more than 20 workers working at the same time at any point in the building project, or involves more than 500 person-days of construction work).
We would also facilitate the compilation of the Health and Safety File, produced in accordance with the Regulations.
The complex raft of legislation has implications for all clients commissioning such construction projects; we have the skills and experience to guide clients through what can be a complex matter.
Licence for AlterationsMore details
Budworth Hardcastle are experienced in assisting tenants and landlords, together with their respective solicitors, when a licence for alteration is required to enable remodelling, fit out or refurbishment of a building demise.
We can review the feasibility of undertaking the proposed works, implications for reinstatement and generally advise on or review the documentation and drawings required to record the works in the licence itself. We also monitor or organise the building works through to their completion, ensuring relevant handover certification is provided and licence obligations executed.
|Nicholas Galloway BSc (Hons) MRICS|
|Steven Banks BSc (Hons) MRICS|
|John Burditt BSc (Building Surveying) MRICS|